TERMS & CONDITIONS
This website is an online facility which enables you as the user to identify and participate in the product offerings and associated services of Big Five Duty Free (Pty) Limited (and referred to as “Big Five Duty Free”, “we”, “us” or “our” on this website). The terms and conditions of use (and referred to for convenience as “terms”) on this website and associated web pages, and any associated apps, contain all the information you need to know when interacting with us.
These website terms govern, without limitation, any and all content and all interaction by you with us on our website.
Website and services
We reserve the right at all times to amend, suspend, remove, discontinue temporarily or permanently (“change”), the website or any part thereof, and/or the product offering and services, in whole or in part (interchangeably referred to as “content” and “offering”) with or without notice to you and you by your participation you confirm that you shall be bound by these terms and any change, and, that we shall not be liable to you or any third party in any manner whatsoever should any such event occur.
In addition, we reserve the right specifically to change these terms and conditions themselves, and your continued use of the website following such change shall be deemed to be your acceptance of such change.
Should you not agree to any change to these terms, you should then terminate your use of the website and all interaction with us, which termination shall be without recourse to us whatsoever.
You will have no claim against us, nor be eligible for any compensation whatsoever, arising from such change, whatever its nature, and whether the change be to the content or offering or these terms, and howsoever arising.
Accessing our services
If you are required to register with us to access some or all of our services and product offerings, you agree and undertake that you will, for identification purposes, use your name and identity number as reflected on your travel documents. We may terminate or restrict your use of our service if we are of the view that you may have violated these terms which termination shall be without recourse to us whatsoever.
The private information required for your participation on our website which participation may include executing the enquiries or orders or purchases placed through this website, namely your personal information and payment details, contact address and telephone numbers will be kept in the strictest confidence by us and not sold or made known to third parties. We only retain the information necessary to enable us to meet our legal and contractual obligations to you after which such information is deleted. Credit card details are not kept by us under any circumstances and are only used on your account for your purchases by authorised payments processors.
Third Party Content
In an attempt to provide increased value to you, we may provide links to other websites. Third party content that may be included as part of our services, e.g. competitions, discounts and promotions, may be offered to you either under these website terms and conditions of use or directly from such third parties subject to their terms and conditions.
You acknowledge and agree that we are not responsible for the availability of such external sites and/or their offering, and we do not endorse and are not responsible or liable, directly or indirectly, for the offering, privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on, or available from, such websites. Nor are we liable for any damage, loss or offence caused or alleged to be caused by, or in connection with, the ordering of, purchase, use of, or reliance on any such content, products or services available on such external sites.
If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
Risk and claims
The ordering of, purchase and use of any product or service bought from this website is at your sole risk. You indemnify and hold us harmless against any loss, injury or damages which may be sustained as a result of the ordering of, purchase or use of the products sold on this website. All products and services are provided without any warranties or guarantees save as may be offered by the product manufacturer and/or distributor.
We reserve the right to cancel an order for any product or service, including one for which payment has already been received. This may occur if stock is insufficient or unavailable at the particular outlet at the international airport terminal through which you are travelling, or, the quality of the product ordered does not meet our standards. Should we exercise this right, you will receive a full refund of the purchase price paid with no compensation or deductions.
You may visit the website without providing any personal information. The website servers will in such instances collect the IP address of the user computer, but not an email address or any other distinguishing information.
If you elect to participate on our website, enquire about any of our products or services, or order or purchase products or services, then we may ask you to provide us with some specific information, for example:
- basic personal details – such as name, date of birth and identity number;
- personal contact details – such as a contact address, mobile phone number, and email address;
- log in details (if this becomes available and applicable and if there is to be
ongoing communication) – such as username and password;
- payment details – such as bank and payment card information.
The website may collect certain information about your visit, such as the name of the internet service provider and the internet protocol (IP) address through which you access the internet; the date and time you access the website; the pages that you access while on the website and the internet address of the web site from which you linked directly to our website.
The main use of personal information is –
- to provide our service and offering – we require some of your basic personal information so that our services are functional. Your information may be required to permit access to our website content, and to allow us to notify you of changes to our services and to deal with your queries.
- to improve and maintain performance – this information is used to analyse trends and administer and improve the website.
- to process payments where indicated – we, with our authorised payments processors, securely process your payment information to advise of payments made or those which may have failed and to give refunds where required.
- to administer promotions and discounts – we will process your information in order to process the relevant transaction.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here on this website so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.
We only process personal information where we have a lawful basis for doing so, such as the following:
- user consent – where you have given us explicit permission to process personal information for a given purpose.
- contractual necessity – where we have to process personal information to meet our contractual obligations to you .
- legal obligation – where we have to process personal information in order to comply with the law.
We retain the majority of your personal information for as long as your participation on our website requires; this allows you to continue accessing our content, products and services and allows us to respond to your requirements.
Besides the lawful basis that applies for processing your personal information, it may be necessary for us to keep your personal information for longer periods of time, for example:
- If there is a statutory requirement to retain it;
- If we require the information for legal reasons or there is a legitimate business need for us to retain it;
- If you have requested this, e.g. to ensure we do not contact you if you have asked us not to.
The website may use cookie and tracking technology depending on the features offered. A cookie is a small text file which we transfer to your device through your web browser when you visit our website.
A “session cookie” allows the website to ‘remember’ content from page to page and these cookies are deleted after each visit.
“Persistent cookies are saved on your computer for a longer period and are not necessarily deleted after each visit. Persistent cookies are used where your interaction with us is if such a nature that requires us to know who you are for more than one browsing session. An example of when we might use these cookies would be to store your private information required for your participation on our website allowing us to execute your enquiries or orders or purchases placed through this website.
Information obtained by cookies can be used to enhance and customise the content of our website and to facilitate your ongoing access to and use of it. Cookie and tracking technology are useful for gathering information such as browser type and operating system, and to compile aggregate data that will allow the us to improve the functionality of the website and its content, and to display more focused advertising.
Personal information cannot be collected via cookies and other tracking technology; and the type of information collected by cookies is not used to personally identify you. However, if you previously provided personally identifiable information for a specific purpose, such as ordering and purchasing a particular product, then cookies may be tied to such information. Aggregate anonymous cookie and tracking information, which does not reveal your personal details which in turn have been obfuscated, may be copied, shared, distributed with third parties who may otherwise use this information without limitation, and we assume no obligation to protect such information.
If you do not disable the use of “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to these terms and conditions of our website. Should you wish to disable cookies, but for whatever reason be unable to do so, then you should terminate your use of our website.
Under data protection laws, you have rights as an individual in relation to the personal information we hold about you. These rights include:
- the right to object to direct marketing should we offer this service – in the event of our doing so you will be able to identify and choose your preferences on the website, including declining any offer of direct marketing;
- the right to access the personal data that we process about you;
- the right to request the deletion of your personal data;
- the right to request the rectification of your personal data – you may be able to manage this information directly on the website,
and subject to your contractual obligations and prevailing legislation at the time.
You can exercise these rights directly by contacting us.
The law that governs our services
These website terms and conditions of use and any dispute or claim arising out of or in connection with them (and be the claims founded on statute, contract or delict) shall be governed by and construed in accordance with the laws of the Republic of South Africa and will be subject to the exclusive jurisdiction of the South African courts regardless of the fact that the website may be accessed from a location not in South Africa.
Travellers arriving from or travelling to Botswana, Lesotho, Namibia and Swaziland may purchase all goods in free circulation: delicatessen items, nougat, batteries, semi-precious stones, diamonds, South African wines, jewellery, watches and lighters.