Identity | Terms & Conditions
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MOBISITE TERMS AND CONDITIONS AND PRIVACY POLICY IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE IDENTITY MOBISITE, MOBI PAGES OR ANY PART THEREOF. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST LEAVE THE IDENTITY MOBISITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS. DEFINITIONS AND INTERPRETATION
  1. "the IDENTITY mobisite" means the mobisite, owned and operated by IDENTITY and located at www.identity.co.za including any page, part or element thereof;
  2. "IDENTITY" means Identity Retailing (Pty) Limited, reg. no. 1965/001234/07. Click here for registered details;
  3. "User" means any person who enters or uses the IDENTITY mobisite, notwithstanding the fact that such a person only visits the home page of the IDENTITY mobisite;
  4. References herein to the singular includes the plural and vice versa; and
  5. Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
  1. GENERAL

    IDENTITY is a South African fashion retailer that sells young, funky and affordable forward fashion merchandise from its stores on cash and credit.

  2. ALLOWED USE AND LICENSE
    1. IDENTITY licenses the User to view, download and print the content of the IDENTITY mobisite, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
    2. Content form the IDENTITY mobisite may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of IDENTITY.
    3. Users may only access, browse and use the IDENTITY mobisite for legitimate personal or commercial purposes and may not use the IDENTITY mobisite or any IDENTITY services and/or products for:
      1. Harmful purposes;
      2. Illegal purposes;
      3. Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
      4. The creation, storage and sending of unsolicited commercial communications.
    4. The caching of the IDENTITY mobisite shall only be allowed if:
      1. The purpose of the caching is to make the onward transmission of the content from the IDENTITY mobisite more efficient;
      2. The cached content is not modified in any manner whatsoever;
      3. The cached content is updated at least every 12 (twelve) hours; and
      4. The cached content is removed or updated when so required by IDENTITY.
    5. If any User uses content from the IDENTITY mobisite in breach of the provisions detailed herein:
      1. IDENTITY reserves the right to claim damages from the User;
      2. IDENTITY reserves the right to institute criminal proceedings against the User; and
      3. IDENTITY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
    6. Hyperlinks to the IDENTITY mobisite from any other source shall be directed at the home page of the IDENTITY mobisite. Links beyond the IDENTITY home page may only be used with IDENTITY's prior written consent.
    7. IDENTITY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the IDENTITY mobisite, if such content, products or services were accessed through a hyperlink not directed at the home page of the IDENTITY mobisite. Persons that wish to link to pages beyond the home page of the IDENTITY mobisite without IDENTITY's prior written consent shall do so at their own risk and indemnify IDENTITY against any loss, liability or damage that may result from the use of such hyperlinks. IDENTITY's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
    8. Users may quote small and reasonable amounts of content available from the IDENTITY mobisite and only if such a quote is placed in inverted commas and acknowledged.
    9. No person may, without the prior written consent of IDENTITY, frame the IDENTITY mobisite in any manner whatsoever.
    10. Apart from the bona-fida search engine operators and use of the search facility provided on the IDENTITY mobisite by Users, no person may use or attempt to use any technology or applications (including mobi crawlers, robots or mobi spiders) to search, collect or copy content form the IDENTITY mobisite for any purpose whatsoever, without the prior written consent of IDENTITY.
    11. E-mail addresses, names, telephone numbers and fax numbers published on the IDENTITY mobisite may not be incorporated into any database for electronic marketing or similar purposes. No permission is given or should be implied that information on the IDENTITY mobisite may be used to communicate unsolicited communications to IDENTITY and all rights detailed in section 45 of the ECT Act are reserved.
    12. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by IDENTITY at any time without prior notice or reasons.
  3. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property on the IDENTITY mobisite, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to IDENTITY and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the IDENTITY mobisite are expressly reserved.
    2. No person may use logos, icons or trade marks from the IDENTITY mobisite as hyperlinks or for other purposes without IDENTITY's prior written consent.
  4. SOFTWARE AND EQUIPMENT

    It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the IDENTITY mobisite and/or download content from the IDENTITY mobisite.

  5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

    These terms and conditions as well as product and/or service specific terms and conditions govern the sale of goods and/or the provision of services from or through the IDENTITY mobisite

    Access to the services, content, software and downloads available from the IDENTITY mobisite may be classified as "electronic transactions" as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and IDENTITY has, amongst others, the duty to disclose the following information:

    1. The full name and legal status of the mobisite owner: Identity Retailing (Pty) Limited, reg. no. 1965/001234/07;
    2. Directors: E.F. Cristaudo, D.N. Dare, C. Durham, W.M. Van Der Merwe;
    3. Street Address: No. 1 Mostert Street, Cape Town, 8001;
    4. Postal Address: P O Box 600, Cape Town, 8000;
    5. Physical address for receipt of legal service: No. 1 Mostert Street, Cape Town, 8001;
    6. Telephone number: +27 21 460 7727;
    7. Fax number: +27 21 460 7277;

      Main business: The main function of this mobisite is to provide information about IDENTITY and its retail services and to facilitate applications for account online.

    8. The mobisite address of the IDENTITY mobisite is: www.identity.co.za;
    9. Goods and services available from the IDENTITY mobisite:
    10. Apply for a Standard Account

      A credit application form to allow Users who are not currently students to apply for an IDENTITY credit account online.

    11. Apply for a Student Account

      A credit application form to allow Users who are students to apply for an IDENTITY credit account online.

    12. Special terms or guarantees: The terms and conditions governing the granting of credit is available in Annexure A hereto;
    13. Payment methods: No purchases are made via the mobisite and all Internet transfer payments are done via the User's own bank mobisite.
    14. How may consumers access a full record of transactions:Available on request;
    15. Return, exchange and refund policy:The terms and conditions governing the granting of credit is available in Annexure A hereto;
    16. Delivery: When a User applies for an IDENTITY credit account online they will be notified, via email, within 24 to 48 hours whether their account application was successful. If the account was approved a plastic embossed card along with a letter is sent via the postal service to the User's postal address. The card should be dispatched within 10 (ten) business days;
    17. Alternative dispute resolution:Subject to urgent and/or interim relief, all disputes regarding:
      1. access to the IDENTITY mobisite;
      2. the inability to access the IDENTITY mobisite;
      3. the services and content available from the IDENTITY mobisite; or
      4. these terms and conditions,
      5. shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following mobisite: http://www.arbitration.co.za;
      6. Cooling-off period: Users may return goods or services within 7 (seven) days as detailed in section 44 of the ECT Act and only if such goods or services are not detailed in section 42(2) of the ECT Act; and
      7. Users may lodge complaints concerning the IDENTITY mobisite with IDENTITY at: services@identity.co.za
  6. CHANGES AND AMENDMENTS

    IDENTITY reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

    1. change these terms and conditions;
    2. change the content and/or services available from the IDENTITY mobisite;
    3. discontinue any aspect of the IDENTITY mobisite or service(s) available from the IDENTITY mobisite; and/or
    4. change the software and hardware required to access and use the IDENTITY mobisite.
  7. PRIVACY
    1. IDENTITY shall take all reasonable steps to protect the person information of Users and for the purposes of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
    2. IDENTITY may electronically collect, store and use the following personal information of Users:
      1. name and surname;
      2. area code;
      3. street address;
      4. postal address;
      5. title;
      6. contact numbers;
      7. non-personal browsing habits and click patterns;
      8. e-mail address; and/or
      9. IP address.
    3. IDENTITY collects, stores and uses the abovementioned information for the following purposes:
      1. Communicate requested information to the User;
      2. Provide services to the User as requested by the User;
      3. Authenticate the User;
      4. Provide the User with access to restricted pages on this mobisite; and
      5. Compile non-personal statistical information above browsing habits, click-patterns and access to the IDENTITY mobisite.
    4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
    5. IDENTITY may collect, maintain, save, compile, share, disclose and sell any information collected from Users.
    6. IDENTITY owns and retains all rights to non-personal statistical information collected and compiled by IDENTITY.
  8. HYPERLINKS TO THIRD PARTY SITES
    1. IDENTITY may provide hyperlinks to mobisites not controlled by IDENTITY ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
    2. IDENTITY does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to use or content available on or through target sites.
  9. SECURITY
    1. IDENTITY shall take all reasonable steps to secure the content of the IDENTITY mobisite and the information provided by and collected from Users from unauthorised access and/or disclosure. However, IDENTITY does not make any warranties or representations that content shall be 100% safe or secure.
    2. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, IDENTITY is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the IDENTITY mobisite.
    3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the IDENTITY mobisite or the server and computer network that support the IDENTITY mobisite.
    4. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the IDENTITY mobisite, whether on purpose or negligently, shall, without any limitation, indemnify and hold IDENTITY harmless against any and all liabilities, damages, risks and losses that IDENTITY and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
    5. Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the IDENTITY mobisite and IDENTITY reserves the right to claim damages from any and all persons involved, directly or indirectly, in the development, use and distribution of such devices or programmes.
    6. Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by IDENTITY and its partners / affiliates due to or related to these illegal actions.
  10. DISCLAIMER AND LIMITATION OF LIABILITY
    1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, IDENTITY (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
      1. access to the IDENTITY mobisite;
      2. access to mobisites linked to the IDENTITY mobisite;
      3. inability to access the IDENTITY mobisite;
      4. inability to access mobisites linked to the IDENTITY mobisite;
      5. content available on the IDENTITY mobisite;
      6. services available from the IDENTITY mobisite;
      7. products available from the IDENTITY mobisite;
      8. downloads and use of content from the IDENTITY mobisite; and/or
      9. any other reason not directly related to IDENTITY's gross negligence.
    2. The IDENTITY mobisite is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with IDENTITY, that the content available from and through the IDENTITY mobisite meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
    3. Information, ideas and opinions expressed on the IDENTITY mobisite should not be regarded as professional advice or the official opinion of IDENTITY and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the IDENTITY mobisite.
    4. IDENTITY does not make any warranties or representation that content and services available from the IDENTITY mobisite shall in all cases be true, correct or free from any errors. IDENTITY shall take all reasonable steps to ensure the quality and accuracy of content available from the IDENTITY mobisite.
    5. IDENTITY does not make any warranties or representations that the IDENTITY mobisite shall be available at all times. Users acknowledge that the IDENTITY mobisite may be unavailable due to updates or other causes beyond the reasonable control of the IDENTITY, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God".
  11. COMMENTS

    IDENTITY does not edit or scan comments posted by the User or e-mails from the User to IDENTITY or the IDENTITY mobisite and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic or harmful postings.

  12. REMOVAL AND CORRECTION OF CONTENT

    Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the IDENTITY mobisite to IDENTITY and IDENTITY undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

  13. INTERCEPTION OF COMMUNICATIONS
    1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to IDENTITY's right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" as defined in the ECT Act) send or posted by the User to the IDENTITY mobisite, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/.
    2. The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.
  14. ENTIRE AGREEMENT AND SEVERABILITY
    1. These terms and conditions constitute the entire agreement between IDENTITY and the User regarding the IDENTITY mobisite and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by IDENTITY from the User.
    2. Any failure by IDENTITY to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
    3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
  15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

    The User and IDENTITY agree that:

    1. the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the IDENTITY mobisite for the first time;
    2. data messages (as defined in the ECT Act) addressed by the User to IDENTITY shall only be deemed to have been received if and when responded to;
    3. data messages (as defined in the ECT Act) addressed to the User by IDENTITY shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
    4. data messages (as defined in the ECT Act) addressed by the User to IDENTITY shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
    5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and IDENTITY; and
    6. the User agrees and warrants that data messages that are sent to IDENTITY from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
  16. APPLICABLE AND GOVERNING LAW

    The IDENTITY mobisite is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5.17, the South African law enforced by the South African courts governs the use or inability to use the IDENTITY mobisite, its content, services, products and these terms and conditions.

  17. COMPETITION ENTRY DETAILS FOR NEW STORE OPENINGS

    By entering this competition I agree to be bound by these competition rules which will be interpreted by Identity Retailing (Pty) Ltd Registration No. 1965/01234/07 (hereinafter referred to as "Identity") in its sole discretion.

    1. Participants do not need to have an Identity account to enter the competition.
    2. If the winner does however have an Identity account, or an account where Truworths is the credit provider then any such account where Truworths is the credit provider must be in good standing (payments up to date) otherwise the next valid entry will be the winner. If the winner does not have an Identity account a debit facility will be opened in the name of the winner and the prize money will be deposited into such facility. Such facility may be utilised until the prize money has been spent in full at Identity.
    3. The prize is not redeemable and cannot be transferred for cash.
    4. A person who is
      1. a director, member, partner, employee, agent of or consultant to Identity or any of its subsidiaries or holding companies or
      2. a spouse, life partner, parent, child, brother, sister, business partner or associate of any person contemplated in 4.1) above may not participate in this competition.
    5. By participating in this competition I agree to release and hold Identity, its holding companies or subsidiaries as well as their employees, directors, members, independent contractors, agents, consultants, sub-contractors or other representatives harmless from any and all losses, damages, rights, claims and actions of any kind in connection with this promotion or resulting from acceptance possession or use of any prize, including, without limitation personal injuries, death and property damage and claims based on publicity rights, defamation or invasion of privacy.
    6. The competition closing date will be as indicated on promotional material and sms correspondence and no entries will be accepted after this date.
    7. The judges' decision is final and no correspondence will be entered into. Any dispute which may arise will be decided by the management of Identity which decision will be final and binding.
    8. Identity reserves the right to substitute the prize with any other prizes of comparable commercial value.
    9. Identity reserves the right to cancel, modify or amend the competition at any time, if deemed necessary in its opinion and if circumstances arise out of its control.
    10. Winners will be notified via (e-mail / sms / phone)
    11. I hereby grant Identity permission to use my name and photograph in any promotional and advertising material for the purpose of this competition.
    12. In order to qualify for the competition I will have to make a purchase of merchandise in the relevant new Identity store.
    13. All sms vouchers are redeemable at the specified store only and cannot be redeemed against any sale goods, reduced goods, MTN products, cosmetics or be exchanged for cash
    14. Sms vouchers must be presented at the time of purchase. Only one voucher may be utilised per transaction. Expiry date applies
IDENTITY RETAILING (PTY) LIMITED
SECTION 51 MANUAL
PROMOTION OF ACCESS TO INFORMATION ACT
  1. Introduction
  2. Particulars in terms of section 51 of the Promotion of Access to Information Act
    1. Contact details
    2. The section 10 Guide on how to use the Act
    3. Records available in terms of any other legislation
    4. Access to the records held by the private body in question
    5. Information readily available, if applicable
    6. Records that may be requested
    7. The request procedures
    8. Other information as may be prescribed
    9. Availability of the manual
  1. INTRODUCTION

    Main Business
    Identity Retailing (Pty) Limited (Registration number 1965/001234/07) is a commission agent and wholly owned subsidiary of Truworths Limited (Registration number 1940/013923/06).

  2. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
    1. Contact details
      Head of the body:
      M Mark
      Information Officer:
      C Durham
      Postal address:
      P O Box 600
      Cape Town
      8000
      Street address:
      No 1 Mostert Street
      Cape Town
      8001
      Telephone number:
      Fax number:
      Email address:
      Mobisite:
      +27 21 4607911
      +21 21 4607132
      proatia@identity.co.za
      www.identity.co.za
    2. The section 10 Guide on how to use the Act The Guide will, according to the South African Human Rights Commission (SAHRC), be available for inspection at the offices of the SAHRC. Please direct any queries to: The South African Human Rights Commission:

      PAIA Unit
      The Research and Documentation Department
      Postal address:
      Private Bag 2700
      Houghton
      2041
      Telephone:
      Fax:
      Mobisite:
      Email:
      +27 11 484-8300
      +27 11 484-7146
      www.sahrc.org.za
      PAIA@sahrc.org.za
    3. Records available in terms of any other legislation
      Identity Retailing (Pty) Limited is required by law to keep records in terms of various Acts of Parliament. Please note that this list is not exhaustive.
      1. Companies Act No 61 of 1973
      2. Income Tax Act No. 58 of 1962
      3. Value Added Tax Act No. 89 of 1991
    4. Access to the records held by Identity Retailing (Pty) Limited
      1. Information readily available
        Information available on the Identity Mobisite
      2. A description of the subjects of the records held by Identity Retail (Pty) Limited and the categories in which these subjects are classed
      FINANCE
      • Creditors/suppliers information and records
      • Shipping records
      • Sundry debtors information
      • Accounting and tax records
      • Statutory requirement records
      COMPANY SECRETARIAL
      • Registers
      • Minute books
      • Certificates Documents
      LEGAL
      Agreements

      Form of request:

      The requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer of Identity Retailing (Pty) Limited. This request must be made to the address, fax number or electronic mail address of Identity Retailing (Pty) Limited [s 53(1)]

      The requester must provide sufficient detail on the request form to enable the Information Officer of Identity Retailing (Pty) Limited to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)]

      The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s53(2)(d)].

      If a request is made on behalf of a another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Identity Retailing (Pty) Limited [s 53(2)(f)].

      Fees:

      A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee: The Information Officer of Identity Retailing (Pty) Limited must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)]. The fee that the requester must pay to Identity Retail (Pty) Limited is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)]. After the Information Officer of Identity Retailing (Pty) Limited has made a decision on the request, the requester must be notified in the required form. If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

    5. Other information as may be prescribed [Section 51(1)(f)]
      The Minister of Justice and Constitutional Development has not made any regulations in this regard.
    6. Availability of the manual [Section 51(3)]
      This manual is available for inspection at the offices of Identity Retailing (Pty) Limited at No. 1 Mostert Street, Cape Town free of charge. Copies are available with the SAHRC, and on our mobisite at www.identity.co.za
Identity Eastgate store opening competition


Offer to Participate:
The essential features of this competition are as follows: The prize/s on offer are: R10 000 worth of Identity gifts cards (50 gift cards in total). You shall be required to take the following steps to enter this competition: SMS your name and surname to the shortcode 42939 to enter the competition (standard SMS rates apply). This competition will open for entry on 1 September 2012 and 2 September 2012 at 9:00am and closes on 1 and 2 September at 15:00 pm and no entries will be accepted outside of these dates/times. The winner(s) will be drawn by a digital random selector on behalf of Identity in accordance with all relevant regulatory requirements, during the competition period and the random selection of the winners shall be final and no correspondence will be entered into. The winner/s will be notified instantly via reply sms straight after having sent an SMS to the shortcode 42939. Any entrant whose name has already been selected and who has already won a prize in this competition will not be eligible for any other prize/s offered in the course of this competition and any other selections/draws that take place in the course of this competition. Only one entry per person. The rules applicable to the competition can be obtained from the Head of Marketing at Truworths’ Head Office situated at 1 Mostert Street, Cape Town 8001, at any date and time during business hours or by going to www.identity.co.za. The prize/s offered will be delivered to the winner by Identity.

Competition Rules:


The promoter of this competition is Identity Retailing (Pty) Ltd, Registration Number 1965/01234/07 (hereinafter referred to as "the promoter" or “Identity”). The following rules will apply to this competition:

1. By entering this competition you agree that these competition rules will apply to you and bind you to the extent lawfully permissible. These rules, should they require interpretation, will be interpreted by Identity in its sole and absolute discretion.

2. Subject to clause 5 below, this competition is open to any natural person. Persons who are under the age of 18 years require the prior consent and assistance of their legal guardian to enter this competition and such persons warrant the existence of such consent and assistance. At the promoter’s sole discretion, participants may need to have an Identity account to enter this competition. Furthermore, if applicable, in order to participate in this competition and to be eligible for all/any prizes on offer, the Identity account (and all other account/s where Truworths Limited is the credit provider) of the potential participant must be in good standing at the date of entry and at all material times thereafter (i.e. payments on the account/s must be up to date).

3. The prize/s to be awarded in this competition shall not be redeemable for cash and are not transferable. The winner will be issued with a gift card to the value of the prize won and the winner (1) undertakes to make a written record of the gift card number; (2) undertakes to inform Identity immediately should they lose the gift card and (3) indemnifies Identity for any losses howsoever arising due to their improper use of the gift card or their loss of same.
The gift card/s are valid for 3 years from the date of issue and can be used in any Identity store in South Africa, Namibia or Swaziland. The gift cards may be used to reduce the balance on any Identity account but may not be used to pay any instalment due on such account. The gift card/s concerned may not be redeemed against cellphone purchases and related products or purchases made using any fashion delivery service.

4. Winner/s may be taxed in terms of applicable tax legislation and participants who require clarity as to the tax implications hereof should seek a directive from the relevant revenue service/authority.

5. Any person who is at the date of publication hereof:

5.1 A director, member, partner, employee, agent of or consultant to Identity (or any of its subsidiaries, holding companies and other subsidiaries of its holding companies) or any other person who directly or indirectly controls or is controlled by Identity; or

5.2 A spouse, life partner, parent, child, brother, sister, business partner or associate of any person contemplated in clause 5.1 above;

5.3 A supplier to Identity (or any of its subsidiaries, holding companies and other subsidiaries of its holding companies) of goods or services and a supplier of the goods or services which is the prize under this competition, or any of its subsidiaries or holding companies; and


5.4 A director, member, partner, employee, agent of or consultant to, spouse, life partner, parent, child, brother, sister, business partner or associate of any person contemplated in clause 5.3 above

may not participate in this competition and will be considered ineligible to receive all/any prize/s on offer.

6. Non-compliance with these rules shall render winner/s ineligible to participate in this competition and to receive prize/s. Such persons hereby acknowledge that he/she/they will have no recourse or claim of any nature whatsoever against Identity and/or its subsidiaries and/or its holding companies (including the directors, employees, members, independent contractors, agents, consultants, sub-contractors and/or any other representatives of the said entities).

7. By participating in this competition, you acknowledge that subject to applicable law Identity disclaims liability however arising and you hereby indemnify and hold harmless the promoter, its holding companies and/or its subsidiaries (including their directors, employees, members, independent contractors, agents, consultants, sub-contractors and other representatives) from any and all loss/damages that may be sustained directly/indirectly arising out of/pursuant to this competition or resulting from the acceptance of and/or possession of and/or use of the prize/s on offer, including but not limited to loss/damages arising out of/pursuant to personal injury, death, property damage and claims based on publicity rights, defamation and/or privacy rights.

8. The essential features of this competition are as follows: The prize/s on offer are: R10 000 worth of Identity gifts cards (50 gift cards in total). You shall be required to take the following steps to enter this competition: SMS your name and surname to the shortcode 42939 to enter the competition (standard SMS rates apply). This competition will open for entry on 1 September 2012 and 2 September 2012 at 9:00am and closes on 1 and 2 September at 15:00 pm and no entries will be accepted outside of these dates/times. The winner(s) will be drawn by a digital random selector on behalf of Identity in accordance with all relevant regulatory requirements, during the competition period and the random selection of the winners shall be final and no correspondence will be entered into. The winner/s will be notified instantly via reply sms straight after having sent an SMS to the shortcode 42939. Any entrant whose name has already been selected and who has already won a prize in this competition will not be eligible for any other prize/s offered in the course of this competition and any other selections/draws that take place in the course of this competition. Only one entry per person. The rules applicable to the competition can be obtained from the Head of Marketing at Truworths’ Head Office situated at 1 Mostert Street, Cape Town 8001, at any date and time during business hours or by going to www.identity.co.za. The prize/s offered will be delivered to the winner by Identity.

9. Any entrant whose name has already been drawn/selected and who has already won a prize in this competition will not be eligible for any other prize/s offered in the course of this competition and any other selections/draws that take place in the course of this competition.

10. The promoter reserves the right to within reasonable limitations substitute the prize/s on offer with any other prize/s of comparable commercial value or to substitute the prize/s with prize/s in a different style or in the same style but in different colour/s.

11. The winner/s hereby give the promoter permission to use his/her/their name/s and/or photograph/s in any promotional and/or advertising material for the purposes of marketing, which permission may be revoked. Any prize not claimed within 90 days of the draw will be awarded to a third party chosen by the promoter.

12. This competition, these rules and any dispute pursuant thereto shall be subject to and construed in accordance with South African law. The South African courts shall have exclusive jurisdiction to determine all/any disputes in respect of/flowing from the application of these rules and otherwise in respect of this competition. In the event that a person enters this competition outside of South Africa or the participant resides outside of South Africa, these rules shall apply to the extent lawfully permissible.


TRUWORTHS REWARDS PROGRAM

Truworths Limited: Reg. no. 1940/013923/06
No. 1 Mostert Street, Cape Town, South Africa (hereafter referred to as "Truworths")
The Truworths Rewards Program (hereafter referred to as” RP”) Terms and Conditions (the “RP Terms”)

1.The RP is not a points-based program. The rewards are at Truworths’ discretion and may include promotions, communications and other benefits. The nature, extent, applicability and frequency of these rewards will be determined by Truworths and communicated to qualifying RP participants from time to time.
2.The RP does not operate using a card. You will need to provide identification details (identity number or cell phone number) each time you transact in order to earn your rewards
3.All current Truworths account holders and all applicants for credit (the latter subject to the further terms and conditions herein but irrespective of whether or not credit is in fact granted) are automatically eligible to participate in and are regarded as participants in the RP unless they elect not to by advising Truworths accordingly.
4.All participants in the RP must be 18 years or older and resident in South Africa
5.New participants can apply in store, via SMS , online or accept an offer to apply by providing the necessary information required to participate in the RP
6.Activation of a new participant in the RP is on identification at the till, via SMS, or online
7.In order to participate in the RP, you agree to be bound by the RP Terms. These RP Terms may vary from time to time and amendments will be updated and made available on the Truworths website
8.By agreeing to the RP Terms, you agree that Truworths will own your personal information provided and have the right to communicate with you using this information.
9.We may use your purchasing information in conjunction with information about you provided by third parties, for market and product analysis, and for the purpose of generating statistical reports for internal and external use. These reports will use personal information only in a way that you cannot be specifically identified
10.We may use your personal information to conduct a credit bureau check for the potential purpose of offering you a Truworths account or an account any other brand in the Truworths group, if you do not already have one.
11. Certain rewards will only be sent to you by email, SMS or post. Be sure to provide us with your latest email, cell phone number and postal address to avoid missing out on such rewards. For those account holders who have opted out of receiving marketing material from Truworths, please note that you may miss out on these rewards
12.If you have a Truworths account we reserve the right to withhold/terminate any rewards as a consequence of your account being in arrears.
13.Please note that not all products on promotion in terms of the RP may be available in all stores and special offers may vary from store to store and change without notice
14.Truworths accepts no responsibility whatsoever for any reward sent by email, SMS or post which is not received as a result of your providing us with an incorrect cell phone number, email or postal address or as a result of circumstances over which Truworths has no control
15.We may in our discretion withdraw, cease or amend any reward offered in terms of the RP at any stage
16.We reserve the right to terminate the RP at any stage without reason
17.Where any secondary cards have been issued in relation to any Truworths account, RP benefits will accrue to the primary account holder but can be accrued by the secondary account holder and used by the secondary account card holder
18.For additional information or any queries, please phone 0861 878961 or visit www.truworths.co.za

03/2016