Avo Campaign – Terms and conditions

Avo clients
Terms and conditions
These terms and conditions form a binding agreement between Nedbank Limited, trading as Avo (in
both instances we, us or our), and any person who uses or registers on the Avo app. By accessing
the app, you confirm that you accept and agree with these terms and conditions.
These terms and conditions also incorporate the Avo Loyalty and Rewards Programme. Membership
is automatic when you sign up and create a Wallet on the Avo client app. The programme lets you
earn Avo Points for certain activities on Avo, as we set out in the terms and conditions below.
In addition to sales you conduct in our own name, we also facilitate the sale of a large range of goods
and services – including electronics, fashion, travel packages, experiences (events) and other
services – from authorised third-party providers. We will let you know on product and checkout pages
when goods and services are for sale by a specific third-party provider.
A Important notice
i These terms and conditions apply to registered users who are also known as consumers
in the Consumer Protection Act (CPA), 68 of 2008.
ii These terms and conditions have rules that appear in similar text and style to this clause
and that:
• may decrease the risk or loss to Avo or a third party;
• may increase the risk of loss for the registered user; and
• serve as an acceptance by the registered user of a fact.
iii If you do not understand any part of these terms and conditions, you must ask Avo (at
[email protected] or 0860 100 833) to explain it to you before you accept these terms and
conditions or continue using the app. There is nothing in the terms and conditions that
intends to restrict, limit or avoid unlawfully any right or obligation for you or Avo in terms
of the CPA.
You agree to the following:
1 Registration and use of the app
1.1 Only registered users may order goods and services on the app.
1.2 You will not share your account username, password and PIN (login details) with
anyone.
1.3 For security purposes you will enter the correct login details whenever ordering
goods or services, and if you do not, we will deny you access.
1.4 You will be responsible for payment for an order once your correct login details have
been entered and a purchase made, whether you or someone else used your login
details, unless you cancel the order in line with these terms and conditions.
1.5 You will let us know immediately if you become aware that your login details have
been used without your authorisation by contacting us at [email protected] or on
0860 100 833. You will also take steps to prevent or limit any resulting loss or harm.
1.6 You are at least 18 years old and do not need a guardian or parent to sign for you. If
you are under 18 or cannot sign your legal documents, you will use the app only
under the supervision of your parent or legal guardian, who will then be responsible
for everything you agree to in these terms and conditions.
1.7 You will not tamper with the app in any way and will not copy, distribute or change the app.
If you want to make a change to the app or distribute any part of it, you will first get written
permission from us before taking any action.
1.8 You will not use the app to send out any material that is defamatory, offensive or unlawful or
contains hate speech.
1.9 You will first get written permission from us if you plan to display, publish, copy, print or post
any of the information on the app.

2 Conclusion of sales and availability of stock
2.1 Only registered users may place orders for goods and services, which we and the third-party
providers may accept or reject based on:
2.1.1 the availability of goods and/or services;
2.1.2 the accuracy of the description of the goods or services; and
2.1.3 confirmation of a payment or whether we authorise payment for the goods and services.
third-party provider
2.2 We and the third-party provider will indicate that we accept your order when we receive
payment confirmation or reservation for the goods or services and at this point an
agreement of sale between you and us or the third-party provider will come into effect (the
sale). We or the third-party provider will reject your order by cancelling it and, as soon as
possible after that, we will refund you for any amount you have already paid.
2.3 You will need to enter the accountholder’s television (TV) licence number and identity
number when buying a TV set on the app. You may buy the TV on the app, but delivery will
take place only when you provide a valid TV licence. If you do not provide a valid TV licence
number, we will cancel your order.
2.4 If you save goods or services for later on, then come back to buy them and find that the
price has changed or the goods or services have been removed from the app altogether,
you cannot hold us or the third-party provider liable for this.
2.5 Stock of all goods or services on offer is limited and prices may change at any time without
notice to you. Prices cannot change once you have placed an order. When goods or
services are on sale, we will take reasonable steps to ensure that stock levels are monitored
and that goods or services that are out of stock are removed from the app. We cannot
guarantee stock availability. If goods or services are no longer available after you have
placed an order, we will notify you.
2.6 Vouchers are available only in denominations as advertised on the app.
3 Food or takeaway orders
3.1 At the time of ordering you must give your delivery address. You will then have a selection
of restaurants. You may order food from only those restaurants that fall within the prescribed
area (as we determine it from time to time) surrounding your given address.
3.2 You may have the option to have the food delivered to you or to collect the food from the
restaurant or send someone to do so for you. If you choose to have the food delivered to
you, our courier will make the delivery.
3.3 If you do not get the option of delivery, you can order food on the app for self-collection.
3.4 We will indicate on the relevant product and checkout pages in the app which restaurant
sells which food items. You can order food from only one restaurant at a time.
3.5 You can place orders for food from only a restaurant that is open for business. We may at
any time suspend or terminate the availability of a restaurant, menu or menu item on the
app, at our sole discretion.
3.6 You acknowledge that, even as you can order the food on the app, you place such an order
with the restaurant. The sale of food (formed when an order is accepted as set out in clause
3.2) is solely between you and the restaurant. Neither we nor any party attending to the
delivery (if applicable) is a party to the sale of the food.
3.7 We are not the buyer or the seller of the food you buy. Any complaints or claims you may
have about the food will be against the restaurant. If you want to raise a claim or complaint,
please contact the Avo Support Team. They will put you in touch with the restaurant in
question.
3.8 For each order you will be charged:
3.8.1 the total food price by the relevant restaurant; and
3.8.2 a courier delivery service fee if you opt for delivery.
3.9 For every completed order we will give you a receipt that you can view under your order by
clicking on My orders on the app. The receipt shows any fees we have charged for the
completed order, which include the total price of the food you bought as a line item.
4 Third-party providers (including restaurants)
4.1 Over and above sales conducted in our own name, we have partnered with third-party
providers and restaurants to sell goods and services (which in these terms and conditions
always include food) on the app. We will clearly state on relevant product pages and
checkout pages which third-party provider or restaurant is selling which goods and services.

4.2 We only provide the platform to allow transactions between third-party providers (and
restaurants) and you. We are not the buyer or the seller of these goods and services, unless
otherwise stated (in line with clause 4.1). Any claims you may have for goods or services will
be against the third-party provider or the restaurant.
4.3 The sale formed when your order is accepted (in line with clause 2)
4.3.1 Goods or services (including food) that a third-party provider or a restaurant sells is
therefore solely between you and the third-party provider or the restaurant – we are not a
party to that sale. But we will facilitate the process of resolving payment-related and
other queries that you might have, in line with applicable rules.
4.4 We are responsible for ensuring that we or the third-party provider delivers the goods or
services.
4.5 Where the third-party provider is delivering, the agreement for the delivery of the goods or
services is solely between that third-party provider and you, and we are not a party to that
agreement.
4.6 You will see the cost of delivery at checkout. We accept no liability for any delays, losses,
damages or disputes of any nature for deliveries that third-party providers carry out directly.
5 Third-party provider of travel packages
5.1 All travel packages will be sold in line with the terms and conditions of the third-party
provider of travel, and those terms and conditions are on the app.
5.2 If there is anything you do not understand in the travel partner’s terms and conditions, you
must contact us for more information.
6 Payment
6.1 You can pay for goods and services by using the available money in your Avo Wallet or by
using your debit or credit card.
6.1.1 You understand that use of the services offered on the app may result in charges to you
for the goods or services you receive from us or a third-party provider.
6.1.2 After you have received goods or services through your use of the app, we will facilitate
your payment of the applicable charges on behalf of the third-party provider as the thirdparty provider’s limited-payment collection agent.
6.1.3 Payment of the charges in this way will be considered the same as payment you make
directly to the third-party provider.
6.1.4 You acknowledge and agree that charges applicable in certain geographical areas may
increase substantially during times of high demand. We will make a reasonable effort to
inform you of charges that may apply, but you will be responsible for charges you incur
under your account regardless of whether you know of these charges or their amounts.
6.2 Where applicable, we or the third-party provider will give you a tax invoice for all purchases
you make.
6.3 You may cancel your request for services or goods from a third-party provider at any time
before the third-party provider’s arrival, in which case you may be charged a cancellation
fee.
6.4 You understand and agree that, while you are free to provide additional payment as a
gratuity to any third-party provider who provides you with goods or services obtained
through the app, you are under no obligation to do so.
7 Avo Wallet
7.1 You can use your MobiMoney wallet (here referred to as the Avo Wallet) to make and
receive payments on Avo.
7.1.1 If you do not already have an Avo Wallet, we will open one for you during the signup
process. While we have several other financial products and services, we chose Avo
Wallet as the most suitable product for this purpose.
7.1.2 If you already have an Avo Wallet, you will use it when you make and receive payments
on Avo.
7.2 You can have only one Avo Wallet.
7.3 To perform any transaction on your Avo Wallet, you will need your PIN.
7.4 You must keep your PIN secret and not share it with anyone. We will not be liable if you give
your PIN to anyone.

7.5 You will authorise Avo Wallet transactions using your PIN and, unless we receive notice
from you not to, we will accept all authorised transactions, even if they are actually made
without your authorisation.
7.6 You can use your Avo Wallet for the transactions listed in the menu.
7.7 We reserve the right to reject a transaction in certain circumstances.
7.8 If a transaction cannot be completed, you will receive an error message explaining why.
7.9 You will see the fee for each transaction with the details of the transaction and we will
deduct it from your Avo Wallet as well as process the transaction. Your new balance after
the transaction will be available on the app.
7.10 Fees include applicable taxes.
7.11 We can change fees for applicable transactions.
7.12 We will give you regular account statements.
7.13 A transaction history of the past 10 transactions is available on the menu.
7.14 We will pay no interest on credit money in an Avo Wallet.
7.15 The information you give to us about yourself must be accurate. You must notify us
immediately if your details change.
7.16 You must not use your Avo Wallet to commit any offence.
7.17 We can suspend, restrict or terminate your Avo Wallet if:
7.17.1 your Avo account or Wallet is used in an unauthorised, unlawful, improper or fraudulent
way or for criminal activities; or
7.17.2 you do not comply with these terms and conditions.
7.18 We may be forced by law to freeze your Avo Wallet or to reject a transaction if it is
reasonably suspected that your Avo Wallet has been, is being or may be used to receive or
send money in connection with any criminal or fraudulent activity.
8 Cooling-off periods
8.1 In terms of the Electronic Communications and Transactions Act (ECTA), 25 of 2002, you
are entitled to the following cooling-off periods:
8.1.1 For goods
8.1.1.1 Once you have made a purchase on the app, you are allowed seven days from the
date of delivery to cancel your order without a reason.
8.1.1.2 You may be liable for the direct cost of returning the goods.
8.1.2 For services
8.1.2.1 You also have seven days to cancel any services from the date you accepted the
quote, on condition that the services have not already been supplied.
8.2 The cooling-off period in terms of the ECTA does not apply:
8.2.1 to financial services, including investment services, insurance and reinsurance
operations, banking services and operations relating to dealings in securities;
8.2.2 to auctions;
8.2.3 to the supply of foodstuffs, beverages or other goods intended for everyday consumption
supplied to your home, residence or workplace;
8.2.4 to services that began with your consent before the end of the seven-day cooling-off
period;
8.2.5 where the price for the supply of goods or services is dependent on fluctuations in the
financial markets and which cannot be controlled by the supplier;
8.2.6 where the goods –
8.2.6.1 are made to your specifications;
8.2.6.2 are clearly personalised;
8.2.6.3 by reason of their nature cannot be returned; or
8.2.6.4 are likely to deteriorate or expire rapidly; or
8.2.7 where you unsealed audio or video recordings or computer software;
8.2.8 to the sale of newspapers, periodicals, magazines and books;
8.2.9 to the provision of gaming and lottery services; or
8.2.10 to the provision of accommodation, transport, catering or leisure services where we or the
third-party provider undertakes, when the transaction is concluded, to provide these services
on a specific date or within a specific period.
9 Payment reservation functionality
9.1 You will need to use the payment reservation functionality on the app for purchases where
applicable from us or third-party providers. This enables you, when buying from us or a third-party provider, to reserve the amount payable or a portion of it from your Avo Wallet,
with this reducing the money in your Avo Wallet by the reserved amount.
9.2 We will charge you a fee for the payment reservation service, which we will deduct from
your wallet once we have made available and transferred the payment to the third-party
provider or service provider.
9.3 On your confirmation on the app that you have received the goods in order or that the
services have been supplied to your satisfaction, we will transfer the reserved payment to
the third-party provider or service provider.
9.4 You must give this confirmation on a timeline agreed with the third-party provider and it will
be recorded on the app at the time of your entering into the agreement with the third-party
provider.
9.5 If this timeline is either shortened or lengthened, this update must be recorded on the app
and the reservation-of-payment period will either be shortened or lengthened automatically,
in keeping with the updated timelines.
9.6 For services, if we do not receive the confirmation referred to in clause 9.3 from you, we will
release the reserved payment automatically to the third-party provider after a period of
seven days.
9.7 For goods, if we do not receive the confirmation referred to in clause 9.3 from you, we will
release the money reserved automatically to the third-party provider within 24 hours after
the third-party provider has confirmed delivery.
9.8 For food or takeaway orders, the confirmation referred to in clause 9.3 will not apply and we
will release money reserved for food or takeaway orders automatically once the delivery has
been completed.
10 Promotional codes and gift vouchers
10.1 We may, at our sole discretion, offer promotional codes (promo codes) and gift vouchers
that you can buy or redeem to credit your account or benefit in other ways related to the
goods and services we or a third-party provider provides.
10.2 We may set additional terms for these promo codes and gift vouchers as set out below:
10.2.1 We may issue Avo promo codes from time to time that you can redeem by complying
with their specific terms.
10.2.2 Avo promo codes may be limited to a specified number of uses by you, and such
limitations are stated in the specific terms of the promo code.
10.2.3 You cannot transfer Avo promo codes to another Avo user.
10.2.4 You may not sell, issue, exchange, barter or redeem Avo promo codes or gift vouchers
for cash.
10.3 You also agree that, when it comes to promo codes and gift vouchers:
10.3.1 you may use them only lawfully, only if you are part of the targeted group and only for the
intended purpose.
10.3.2 you may not duplicate them;
10.3.3 we may disable them at any time for any reason without liability to us; and
10.3.4 they may expire before you use them (the expiry date is stated in the specific terms of
the promo code).
10.4 It is and will at all times remain your responsibility to ensure that any promo code or voucher
we issue you is kept safe. If your promo code or voucher is compromised or used without
your consent or authority, you agree that we will not be held liable for any loss you suffer as
a result.
10.5 We reserve the right to hold back credits or stop a feature or not allow you to benefit in any
other way from using promo codes or gift vouchers if we determine or believe that your use
or redemption of promo codes and gift vouchers was in error or that you used them
unlawfully, fraudulently or in a way that breaks their terms or these terms and conditions.
11 Disputes and complaints
Complaints
11.1 It is our responsibility to make sure that you, as an Avo user, have a safe and consistent
user experience. We therefore want to hear if you have any queries or complaints.
11.2 If you have a query or complaint, you can contact the Avo Support Team by: 

• using the chat function on the Avo app under Help and support;
• phoning 0860 100 833; or
• sending an email to [email protected] (always include your name and contact details).
Always ensure you receive a reference number for your query. We are committed to
providing a world-class service. We undertake to investigate your query or complaint and to
provide the appropriate resolution, all while keeping you in the loop. If you believe you did
not get the appropriate outcome from our internal escalation process and your complaint is
about a banking product or service enabled by our e-commerce platform, you can
contact the Ombudsman for Banking Services at obssa.co.za or on 0860 OMBUDS (662
837).
The ombudsman is a free service that helps individuals and small businesses resolve
disputes with their bank.
• If your query or complaint relates to a product or goods provided through our e-commerce
platform, we recommend that you first refer the matter to the third-party provider or
merchant (the entity that the complaint is being laid against) by contacting that third-party
provider’s customer care line or department directly. And if you are still not satisfied with
the outcome, you can approach the National Consumer Commission (NCC) or the
Consumer Goods and Services Ombudsman (CGSO) for help.
The NCC’s contact details are as follows:
Website: thencc.gov.za
Contact centre: 012 428 7000
Email: [email protected]
The CGSO’s contact details are as follows:
Website: cgso.org.za
Contact centre: 0860 000 272
Email: [email protected]
• If the query or complaint requires us to replace, or refund you for, a product or goods you
bought via Avo, we will handle any returns of the product or goods under the CPA or the
ECTA according to our Returns Policy, which you can find under Legal notices on the
app.
Disputes
11.3 If there is a dispute between you and the third-party provider or merchant, you or the thirdparty provider or merchant can contact us via any of the contact methods given below and
one of our support team agents will communicate with you and the third-party provider or
merchant to arrive at a mutually acceptable resolution of the matter:
• Use the chat function on the Avo app, under Help and support.
• Phone 0860 100 833.
• Send an email to [email protected] (always include your name and contact details).
11.4 If the dispute remains unresolved despite clause 11.3 being followed, Avo will appoint an
independent service provider with expertise in the specific field to assess the workmanship
forming the subject matter of the dispute. Regarding the independent service provider, you
confirm that:
• the fees for the assessment will be shared equally between you and the third-party provider
or merchant if applicable.
• the finding of the independent service provider will be binding on you and the third-party
provider or merchant if applicable; and
• based on the outcome of this assessment, we will transfer the reserved payment to you or
the third-party service provider.
12 Deliveries
12.1 We have partnered with a courier to deliver goods to you.
12.2 We deliver within South Africa only, so please provide a delivery address within South Africa
when making purchases. The goods will be delivered to you at a fee you will see on the
checkout page. You will receive an order confirmation in an email, including a tracking
number so that you can track your delivery on the app. This may change in the future and
we will let you know if it does.

12.3 To make deliveries, we need to share your information (full names, contact details and
address) with the courier. We will do so in line with the Protection of Personal Information
Act, 4 of 2013.
12.4 While it is our responsibility to deliver the goods to the address you have specified for
delivery, we are, however, not responsible for any loss or unauthorised use of the goods
once they have been delivered to the address you have specified in your order.
13 Delivery of goods
13.1 We will include the delivery fee in the final shopping basket price and you will have to accept
this price on checkout to complete the transaction.
13.2 When we accept your order, our courier will deliver the goods or items you bought to you as
soon as reasonably possible, generally within three to seven business days. This delivery
period may vary depending on the type and availability of the goods.
13.3 The goods will be delivered according to each order number; you may receive multiple
deliveries in one basket ordered.
13.4 If you place an order during peak times like Black Friday or Cyber Monday, our delivery
period may be longer. We will show this extended delivery period on the checkout page.
13.5 Delivery will occur from Mondays to Fridays between 08:00 and 17:00 at the delivery
address you selected and you have to show your identification and sign for the delivery, or
someone you have appointed to take the delivery on your behalf must do this.
13.6 We will not be liable, subject to the provisions of the CPA, when and if applicable, for any
loss or damage you may suffer if goods are not delivered within the delivery period specified
above.
14 Delivery of food or takeaways
14.1 We will include the delivery fee in the final shopping basket price and you will have to accept
this price on checkout to complete the transaction and have your order placed.
14.2 When your order is ready, our courier will collect the order from the third-party provider or
restaurant and deliver the food or takeaway to the specified address as soon as reasonably
possible.
15 Errors
15.1 We will take all reasonable steps to show accurate descriptions, availability, purchase prices
and delivery charges of goods or services on the app. We are not liable for any loss or
expense relating to a transaction due to any unintentional errors on the app that are not due
to our gross negligence or wilful misconduct.
15.2 We will not be bound by any incorrect information regarding our products displayed on any
third-party apps.
15.3 We reserve the right to correct at any stage all errors and omissions of the advertised prices
of goods, services, delivery fees and additional delivery fees.
16 Costs
16.1 You may be charged for transactions across bank accounts and withdrawals.
16.2 Data charges when using the app may apply.
17 Privacy
17.1 We take your privacy and the security of your personal information seriously. You can find
out more about this in our Privacy Notice, which you can read under the Legal notices tab.
17.2 By accepting these terms and conditions, you give us consent to process your personal
information regarding products and services you take up with us, subject to our Privacy
Notice and in line with applicable laws.
17.3 By giving us consent to process your personal information, you also acknowledge that you
understand the purposes for which we need it: to meet our obligations under an agreement
with you and to help us allocate a product and/or service offering that is best suited to your
needs.

18 Changes to these terms and conditions
18.1 We may, at our sole discretion and at any time, change these terms and conditions. It is
your responsibility to check these terms and conditions. If you are not satisfied with the new
changes, you must stop using the app.
18.2 Any changes will apply only after we have shown the change to the terms and conditions on
the app. If you continue to use the app after we have changed these terms and conditions,
we will assume that you have accepted the changes.
19 Electronic Communications and Transactions Act
19.1 When you launch the app or send emails to us, you consent to receiving communications
from us or any of our divisions or partners electronically in line with our Privacy Notice as
stated in clause 17 above.
19.2 You will receive direct marketing only if you have agreed to this.
19.3 You are not allowed to send us any notice or legal document by email.
19.4 In terms of Chapter 3 of the ECTA, by visiting our website or communicating with us
electronically, you acknowledge that all agreements, notices, disclosures and other
communication we send adhere to any legal requirement, including the requirement that the
communication should be in writing.
19.5 We may send any other communication to you by the communication method you chose on
the application form, and you can update the communication method from time to time.
20 Ownership and copyright
20.1 The app content – including any material, information, data, software, icons, text, graphics,
layout, images, sound clips, advertisements, video clips, trade names, logos, trademarks,
designs and service marks that are displayed on or incorporated in the app – is protected by
law, including copyright and trademark law. The app content is our property or that of our
advertisers or sponsors or is licensed to us.
20.2 You will not acquire any right to the app or the app content.
20.3 You may not use, distribute or reproduce the app content unless this is expressly authorised
in terms of these terms and conditions or otherwise provided for in law. To get permissions
for the commercial use of any app content, contact us at [email protected]. We will try to
answer as soon as possible. If we do not respond in writing in five business days, this will
mean we have not agreed to your request.
20.4 If any of the app content has been licensed to us or belongs to any third party, your rights to
use it will need to be in line with any terms and conditions set out by the licenser or third
party. You agree to comply with those licenser or third-party terms and conditions.
21 Linking to third-party apps
21.1 The app may contain links or references to other apps, including those of advertisers (thirdparty apps), which we have no control over. These terms and conditions do not apply to
third-party apps. We are also not responsible for the practices and privacy policies or
cookies that the third-party apps use.
21.2 Although the app may give links to third-party apps, we are not liable for any expense,
claims, damage or loss resulting from your use of any third-party apps or your reliance on
any information you receive from them.
22 Limitation of liability
22.1 We cannot be held liable for any inaccurate information published on the app or any
incorrect prices displayed on the app, except where the liability results from our incompetent
or wilful misconduct or that of our employees, agents or authorised representatives. Please
contact us to report any possible malfunctions or errors at [email protected].
22.2 We will not be liable for any direct, indirect, incidental, special or consequential loss or
damage that might result from your use of or your reliance on the app or app content, or
from your inability to use the app, or unlawful activity on the app or any linked third-party
app.
22.3 You indemnify us against any loss, claim or damage that you may suffer, or any third party
may suffer, resulting in any way from your use of this app and/or any linked third-party app.

23 Availability and termination
23.1 We will try our best to ensure that the app is always available, except during scheduled
maintenance periods, and are entitled to discontinue providing the app or any part of it with
or without notice to you.
23.2 We may terminate, suspend or modify this app at any time, with or without notice to you.
You agree that we will not be liable to you if we suspend, modify or terminate this app other
than for processing any orders you made before such time to the extent possible.
23.3 If you do not comply with your obligations under these terms and conditions, including any
incident involving payment of the price of an order for any goods or services, we may (at our
sole discretion and with or without notice to you) suspend or terminate your access to the
app without any prejudice to any claims for damages or otherwise that we may have against
you.
23.4 We are entitled – for purposes of preventing suspected fraud or where we suspect that you
are abusing the app or have created multiple user profiles to take advantage of a promotion,
voucher or coupon that you are allowed to use only once-off – to blacklist you on our
database (including suspending or terminating your access to the app), refuse to accept or
process payment on any order, or cancel any order concluded between you and us or the
third-party provider, in whole or in part, once we have given you notice. We will be liable to
refund only money you have already paid (see our Returns Policy) and we accept no other
liability that may result from this blacklisting or refusal to process any order.
24 Governing law and jurisdiction
24.1 These terms and conditions and our relationship or any dispute resulting from or in
connection with these terms and conditions are governed and interpreted in line with the
laws of South Africa. Your continued use of the app means you agree and submit yourself to
the jurisdiction of the South African courts regarding all proceedings, transactions,
applications or the like started by either party against the other resulting from any of these
terms and conditions.
24.2 If any dispute arises between you and us, you consent to the non-exclusive jurisdiction of
the High Court of South Africa (South Gauteng Division, Johannesburg) despite the size of
the action or proceedings possibly falling below the monetary jurisdiction of that court.
24.3 Nothing in this clause or these terms and conditions limits your right to approach any court,
tribunal or forum of competent jurisdiction in terms of the CPA.
25 Notices
25.1 We hereby choose 105 West Street, Sandton, South Africa, as our domicilium citandi et
executandi for the service of all formal notices and legal processes in connection with these
terms and conditions. Please address all correspondence to the Head: Legal.
25.2 We may change this address from time to time by updating these terms and conditions.
25.3 You choose the delivery address specified in your order as your domicilium citandi et
executandi, but you may change it to any other physical address by giving us not less than
seven days’ notice in writing.
25.4 You or we must send notices either by hand, prepaid registered post or fax and they must
be in English. You and we accept that if either sends a notice to the other:
25.4.1 by hand, it will be considered received on the date of delivery;
25.4.2 by prepaid registered post, it will be considered received 10 days after the date of posting;
25.4.3 by fax before 16:30 on a business day, it will be considered received on the date of
successful transmission of the fax, and all faxes sent after 16:30 or on a day that is not a
business day are received on the following business day; and
26 Information
26.1 For the purposes of the ECTA our business information is as follows and should be read
together with our product descriptions and other terms and conditions on the app:
26.1.1 Main business – online retailer.
26.1.2 Physical address for receipt of legal service – 105 West Street, Sandton, South Africa, or
PO Box 1144, Johannesburg, 2000.
26.1.3 Email address – [email protected].
26.2 The Promotion of Access to Information Act, 2 of 2000, manual is available on the app
under Legal notices. Third-party providers’ information is available in the relevant product
listing or at the client support centre, contactable at [email protected].

27 General
27.1 We may – at our sole discretion and at any time, for any reason and without prior written
notice – suspend or terminate the operation of the app or your right to use the app or any
app content, on condition that we process any orders you made before such time to the
extent possible.
27.2 You may not cede, assign or otherwise transfer your rights and obligations under these
terms and conditions to any third party.
27.3 Any failure by you or us to enforce any right under these terms and conditions will not mean
we give up (i.e. waive) that right.
27.4 If we do not use, or we delay in using, or we relax our use of, or we grant you an indulgence
in our use of a power or right that we have under this agreement, it will not mean that we
give up that power or right and it will not change or cancel any provision of these terms and
conditions.
27.5 If any provision in these terms and conditions is declared invalid, the remaining terms and
conditions will remain in full force and effect.
27.6 These terms and conditions, including any changes to them as may be shown on the app,
make up the whole agreement between you and us and no other warranty or undertaking is
valid, unless contained in this document.
28 Avo by Nedbank Loyalty and Rewards
• The Avo by Nedbank Loyalty and Rewards Programme (the programme) is a programme
we own, operate and manage.
• We either own or license all intellectual property and you may not use it without our prior
written consent.
• Your Avo online application, the disclaimer and Privacy Notice on our website and any other
terms and conditions relating to the use of your Nedbank products and the programme,
including terms and conditions of our spend and earn partners, will form the entire
agreement between you and us regarding your participation in the programme.
• By participating in the programme, you admit and acknowledge that you have read,
understood and agreed to the terms and conditions referred to above, as applicable from
time to time, relating to the programme and that you have consented to our sharing
certain personal information of yours with affiliate parties in the ordinary course of our
business.
28.1 Interpretation
28.1.1 The headings of the clauses in these terms and conditions are for your convenience and
reference only, you must not use them in interpreting these terms and conditions, and
they do not change or amplify these terms and conditions. Unless the context indicates
otherwise, words importing:
28.1.2 any one gender includes the other two genders.
28.1.3 the singular includes the plural and vice versa; and
28.1.4 persons include created entities (corporate or unincorporated) and the state and vice
versa.
28.1.5 The rule of construction that an agreement must be interpreted against the party
responsible for its drafting or preparation will not apply to these terms and conditions.
28.2 Definitions
The following terms will have the meanings assigned to them and related expressions
will have the following corresponding meanings:
28.2.1 Avo Points: the points that Avo issues, that you earned and spend in line with the
programme, and the value of which we will determine from time to time.
28.2.2 Avo Account: an account we opened in the name of an accountholder on registration on
Avo.
28.2.3 Avo Point conversion rate: the rate we apply to convert Avo Points to rand value for
goods or services that our spend partners provide.

28.2.4 Avo Points Account: the account that is linked to any Avo account and that will show
the number of Avo Points earned.
28.2.5 Avo loyalty point exchange: the feature on Avo that allows for the conversion of loyalty
points from a participating loyalty partner to Avo Points at the point exchange rate of that
loyalty partner.
28.2.6 Loyalty partner: a loyalty point provider that participates in the Avo loyalty point
exchange.
28.2.7 Loyalty partner point exchange rate: the rate we apply to convert loyalty points from a
specific loyalty partner to Avo Points.
28.2.8 Avo Points gift voucher: a gift voucher that is issued, sold and redeemed on the Avo
app for Avo Points.
28.2.9 Avo promotional code (promo code): a code with specific terms that is issued and
redeemed on Avo.
28.2.10 Consumer wallet: the Avo Wallet we issue to an individual for use on the Avo platform.
28.2.11 Earn partner: an institution that we have contracted with to give you additional Avo
Points based on eligible behaviour.
28.2.12 Earn rate: the number of Avo Points you will earn per cash unit of eligible spend, as we
specify from time to time.
28.2.13 Eligible product: a product that can be linked to the programme so you can earn Avo
Points from buying it.
28.2.14 Eligible spend: all spend (local and international purchases) from your Avo Wallet,
excluding delivery, cash withdrawals, casino chip purchases, fuel purchases, finance or
other card charges, fees or taxes we levy or the government levies, purchases of
travellers cheques or other negotiable instruments, insurance premiums and internet
transfers or payments [electronic funds transfers (EFTs)] from your account.
28.2.15 Party/Parties: you or us/both you and us, respectively.
28.2.16 Spend partner: an institution that we have contracted with to give you goods or services
on the programme.
28.2.17 Programme: the programme you registered for and in terms of which you earn Avo
Points.
28.2.18 Transaction: any commercial transaction, including payment for goods and services
related to your Avo Point Account.
28.2.19 We/Us/Our: Nedbank Limited, registration number 1951/000009/06, with the address
Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton, 2196.
28.2.20 You/Your: the Avo accountholder.
28.3 Your Avo Points Account
28.3.1 You are automatically entered into the programme when you register on Avo and
obtained the Avo Wallet.
28.3.2 Because we are offering the programme as a financial institution, there are certain
identification and authentication requirements we must follow.
28.3.3 Your Avo Points Account cannot have a debit balance, so you cannot spend more Avo
Points than you have in this account’.
28.4 Earning of Avo Points
28.4.1 We, at our sole discretion, determine the earn rate and earn rules, which may change
from time to time. We will notify you of any changes within a reasonable period.
28.4.2 We may at any time and at our sole discretion determine the limit on Avo Points, which
we may change from time to time. We will notify you of any changes within a reasonable
period.
28.4.3 You may earn Avo Points on certain promotions offered by an earn partner, and you may
earn Avo Points when you buy a eligible product or service of ours from time to time.
28.4.4 You will not earn Avo Points when you pay directly by card. You will earn Avo points only
on payments you make from your Avo Wallet.
28.4.5 You will not earn Avo Points for the portion of payment made in Avo Points for any
purchase of products or services.
28.4.6 You will earn Avo Points when you redeem an Avo Points gift voucher to the value
specified on the voucher.
28.4.7 You cannot redeem Avo Points gift vouchers for cash.

28.4.8 You will earn Avo Points when you exchange loyalty points from a loyalty partner on the
Avo loyalty point exchange at the specified loyalty partner point exchange rate.
28.4.9 A request to exchange your loyalty points from a loyalty partner for Avo Points on the
Avo loyalty point exchange is irrevocable and cannot be cancelled or changed once the
exchange request has been made, or the other way around.
28.4.10 We will have no liability for points exchanged if a dispute arises between you and a
loyalty partner or for any technical reason that is beyond our control. You acknowledge
that none of the loyalty partners are our agents.
28.4.11 You may not sell, issue, exchange, barter or redeem Avo Points for cash.
28.4.12 We and the earn partner decide when you will earn Avo Points and how many you will
earn.
28.4.13 We reserve the right to debit your Avo Point Account with the relevant Avo Points if a
transaction is cancelled or reversed for any reason or if Avo Points have been allocated
to you in error.
28.5 Promotional rewards linked to the programme
28.5.1 We will communicate with you through our digital channels about what you need to do to
participate in the ad hoc competitions that will enable you to win promotional rewards.
28.5.2 We will also communicate with you from time to time to inform you about exclusive
benefits and/or offers relating to the programme.
28.6 Redemption of Avo Points
28.6.1 The redemption rate of Avo Points for the different goods and services that we and our
spend partners offer is set out on our Avo Points website and may change without notice.
28.6.2 A request to redeem Avo Points is irrevocable and you cannot cancel or change it once
you have made it.
28.6.3 We will not replace or refund any lost promo codes, vouchers or coupons.
28.6.4 The redemption of Avo Points for goods or services is always subject to the availability of
the goods or services on the date desired and as determined and negotiated by the
spend partner.
28.6.5 Our spend partners’ prices may change, and we will confirm the value of your Avo Points
available to spend.
28.6.6 You cannot transfer Avo Points to another Avo user.
28.7 Cancellation, termination and dormancy of your Avo Point Account
28.7.1 By giving you written notice, we may at any time and for any reason terminate or cancel
your participation in the programme, in which case you will have 30 days to spend your
Avo Points, unless you gave up your Avo Points because your Avo Point Account
became dormant, or we believed your behaviour was inappropriate or constituted
misconduct, or you breached these or any other terms and conditions relevant to the
programme.
28.7.2 Termination will not affect any instruction you have given to us and that we have not yet
carried out, unless you made a fraudulent transaction directly or indirectly, in which case
you will immediately lose your Avo Points.
28.7.3 We will not be held liable for any damage you or any third party suffered because your
participation in the programme was terminated.
28.7.4 You may terminate your participation in the programme by informing the call centre or by
giving us written notice, in which case you will immediately give up all the Avo Points in
your Avo Point Account.
28.7.5 If you close your Avo Wallet linked to your Avo Point Account, we will immediately close
your Avo Point Account, and you will give up all your Avo Points immediately.
28.7.6 If you do not make any purchase on Avo for a period of 12 consecutive months, we will
consider your Avo Point Account dormant.
28.7.7 We will close your Avo Point Account when your Avo Wallet has been suspended or it is
dormant, and you will give up all your Avo Points immediately.
28.7.8 In the case of death, insolvency or liquidation your Avo Points cannot be transferred and
will expire.

28.8 Avo statements of account and transaction listing
28.8.1 You must do the following regarding your statements:
28.8.1.1 Inform us in writing or through our call centre if you do not receive or cannot view
your statement on our website or the Avo app.
28.8.1.2 Scrutinise your statement(s) and notify us within 30 days of the statement date of
any inaccuracy or any discrepancy. Otherwise, we will take it that you accept the
statement as correct.
28.8.2 You may not alter your statement in any way.
28.8.3 Your statement will be prima facie proof of the information in it.
28.8.4 You can get your transaction listing by logging in to the Avo app or website.
28.9 Liability and indemnity
28.9.1 We are committed to ensuring that online transactions are secure, and we may
investigate any loss you suffered.
28.9.2 You must keep your password, PIN and Avo username confidential, and if you have
compromised this information, we will not be liable for any loss or damage you suffered.
28.9.3 Although we carefully choose our preferred spend partners, you will carry the risk for any
fraud or losses that occur through our spend partners’ websites.
28.9.4 We will incur no liability if a dispute arises between you and a spend partner about goods
or services you bought. You acknowledge that none of the spend partners are our
agents.
28.9.5 By redeeming your Avo Points, you release us from any liability to you.
28.9.6 We will not be liable for any loss or damage you may suffer because we have carried out
your instruction or you have participated in the programme, unless the loss or damage
results from our gross negligence or intentional misconduct.
28.9.7 If there is any loss of connectivity between you and us, including unavailability of the
programme, for any technical reason that is beyond our control, we will not be liable to
you.
28.9.8 We are not liable for any acts or omissions by third parties, including any internet service
provider, telephone provider and spend partner, relating to the use of the programme.
28.9.9 We will under no circumstances be liable for any consequential, incidental, special or
direct loss or damage resulting directly or indirectly from these terms and conditions or
your participation in the programme.
28.9.10 You indemnify us against any claims by third parties or losses you may suffer because
you have participated in the programme.
28.9.11 Our spend partners’ websites may be linked to our website, in which case we cannot
control or make any statement about the legal content of such websites, and we will
therefore not be liable for the information on such websites.
28.9.12 We do not warrant, endorse or make any statements about the contents, product, service
or reliability of any third party’s business or security practices and operations.
28.10 Complaints and disputes
28.10.1 If you have a complaint, you may contact the Avo Customer Support Team:
• Chat within your app under Help and Support.
• Phone 0860 100 833.
• Email [email protected] (always include your name and contact details).
Always ensure that you receive a reference number for your query.
We are committed to providing world-class service. We undertake to investigate your
complaint and give the appropriate resolution, all while keeping you in the loop.
28.10.2 We retain the right to start action in any court of law with jurisdiction to get urgent interim
relief or to collect outstanding debts due and payable to us.
28.10.3 These terms and conditions will be governed by and interpreted in line with the laws of
South Africa.
28.11 General
28.11.1 Apart from the fact that it is possible to link an instruction to a specific account, it is not
possible to verify the actual originator, and you therefore authorise us to act on any
instruction claiming to originate from you, even if it turns out that both you and we have been defrauded by someone else, unless you inform us to the contrary before we act on
the instruction.
28.11.2 If we do not use, or we delay in using, or we relax our use of, or we grant you an
indulgence in our use of a power or right that we have under this agreement, it will not
mean that we give up that power or right and it will not change or cancel any provision of
these terms and conditions.
28.11.3 You may not cede, assign, delegate or otherwise transfer any of your rights or
obligations under these terms and conditions without our prior approval. At our sole
discretion, we may or may not give this approval.
28.11.4 If any provision in these terms and conditions is declared invalid, the remaining terms
and conditions will remain in full force and effect, and we will be entitled to update all
terms and conditions relating to the programme.