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Terms & Conditions

DEFINITIONS

User: Any person who registers on the application and/or makes use of it.

Platform: Is the online business that facilitates commercial interactions of the Cancer Apple Project sales and associated communication. The facilities interface for effecting electronic payments/purchases of physical apples, juice or eApples, engagement on the Bank Windhoek Cancer apple project.

Physical apple: the apple in form of real apple. This form of apple can be purchased on its own or in cohesion with the eApple (donation).

eApple:
A virtual form of an apple, which is a donation towards the Project.

CAN: Cancer Association of Namibia

CAP: Cancer Apple Project

Account: the transaction account as nominated

Bank: refers to Bank Windhoek Ltd. Registration Number 79/081

  1. Access to eApple/bankwindhoek.com.na site
    Access to eApple/bankwindhoek.com.na can take place at any time throughout the year. The eApple/bankwindhoek.com.na site facilitates purchasing of Apples and Juices which are seasonal, as well as enable the public to donate funds towards the Apple Project
    .
  2. Payments
    Payment for apples, juice and donations can be made via –
    o  Credit Card (Visa or Mastercard): where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment. If we do not receive authorisation your order will be cancelled. We warrant that you are fully authorised to use the Credit Card supplied for purposes of paying the Goods.
    o Online payment enabled Debit Card (Visa or Mastercard)
    o Should the user choose to purchase apples via a school, organization, or other third-party, the Cancer Apple Project or the bank cannot be held liable for incorrect orders or damaged apples. These complaints must be taken up with the school, organization, or other third party.
  3. Donations
    Donations toward the project are done all year round. The funds donated will be counted towards the overall project donation amount given to CAN. Donations made after the Apple project campaign has concluded, will be counted towards the following project cycle.
  4. Purchasing of Apples and Juices / Placing Orders
    Note that the sale of physical apples is seasonal. Please check the eApple Platform as well as the Bank Windhoek Facebook page for updates on project launch and closing dates of physical apples. When placing orders via the eApple platform, it is important to note the following terms and conditions: An agreement of sale only comes into effect when payment for apples or juice is received from the user, via the platform.
    o The minimum quantity of apples per order on the platform are 10 apples
    o  Please ensure to select the correct branch name where items (Apples or Juice) will be collected
    o Once the payment has been made, orders cannot be cancelled, except in special circumstances outside of the user’s control. In these circumstances, buyers are required to contact appleproject@bankwindhoek.com.na for assistance with the cancellation.
    o When placing an order, you need to confirm that all personal information provided to us is accurate.
  5. Ordering Process
    Apples and juice orders are received on a weekly basis, during the period that the project is running.
    A unique order number will be issued to the user upon completion of an order.
    Users will be notified when their order is ready for collection at the Bank Windhoek Branch indicated on the order. Upon collection of the apples or juice at the branch, users will be required to present their unique order number, an ID and a signature as confirmation of receipt.
    Important to note:

    • Collections may only take place between 8:30am and 15:30pm, Monday to Friday, between 08:30 – 11:30 on Saturdays.
    • Bank Windhoek is closed on Sundays.
    • Bank Windhoek will not release any apples and/ juice until payment has been received in full.
    • No items will be released to any other person apart from the user who placed the order
    • Apples and/or juices may be collected from the branch requested by the user, once a notification has been received that the Apples and/or juices have arrived.
    • We will not be liable for any loss, liability, damage or expense arising from any delay of collecting items or incorrect purchase price of any Goods.
  6. Quality Management of apples and juice
    Bank Windhoek and its supply partners take every reasonable step to ensure that users receive physical apples that are of good quality, however, Bank Windhoek and its supply partners cannot guarantee the size, type or ripeness stage of the apples delivered. The following applies: – Apples quantities per box varies from 80 to 120, depending on the size of the apples.
    – Apple quality (taste, color, size etc.) cannot be guaranteed when apples are purchased.
    – Apple orders should be collected within 1-2 days after users have been notified by the branch/ department that their apples are ready for
    collection, to ensure apples are still fresh upon collection.
    – Bank Windhoek will not take responsibility for quality issues should apples be collected late.
    – Upon collection of the apples and/ juice, users/schools/organisations are required to ensure that a quality check is done, as well as ensure a count of apples are done together with apple representatives, before the apples and/juice leave the Bank Windhoek branch / department.
    – By leaving the branch with your collected apples, you automatically confirm and accept the quality and quantity of apples and/or juices received, thereby closing your order.
    – No replacements, refunds or corrections will be done for clients after apples and/ juice have been collected from a Bank Windhoek branch/department.
    – Should orders exceed 5 apples boxes, arrangements can be made with the branch to deliver your apples to you.
    – When apples and/ juice are delivered to the client by Bank Windhoek staff, it is the clients’ responsibility to confirm the quality and quantity of their order before the dispatcher departs their venue.
    – A minimum of 6 juices can be ordered Apples quantities per box varies from 80 to 120, depending on the size of the apples.
  7. Handling of disputes
    These Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of Namibia and all relevant parties’ consent.
    In respect of provisions in this Agreement, which provide for their own remedies, any dispute arising from or in connection with this Agreement shall be resolved by face to face discussion and should this prove unsuccessful, the matter will be resolved at the discretion of the project coordinators and may include the involvement of an impartial 3 rd party.
  8. Usage of personal information
    Note that for your protection, your Bank card information used to purchase apples, juice or donation will never be stored by the application, nor is it stored by the payment gateway platform. This practice is in line with Payment Card Industry Data Security Standard (PCI DSS).Cookies might be used in instances where it is prompted by the user. For instance, when the user saves form data, such as when selecting “remember my password for this website”.

Other

  • Entry constitutes full and unconditional acceptance of these Terms and Conditions. Bank Windhoek reserves the right to disqualify any individual in breach of these Terms and Conditions. Bank Windhoek reserves the right to verify the validity of all entries and claims and to disqualify any entrants who tampers with the entry process, or who submits an entry/claim not in accordance with these conditions of entry.
  • Bank Windhoek and its associated agencies are not responsible for any incorrect or inaccurate information, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition.
  • By using this application, users take responsibility for protecting the card information and application. Bank Windhoek and its associated agencies are not responsible nor liable for incorrect or fraudulent purchases made on the user’s card.
  • Bank Windhoek reserves the right in its sole discretion to disqualify any individual who Bank Windhoek has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. Bank Windhoek’s legal rights to recover damages or other compensation from such an offender are reserved.

 

Cancer Apple Project Competition

The Bank Windhoek Cancer Apple Project: “Is it Possible to Impact a Life?” iPhone Campaign (“the Campaign”) is organised and conducted by the Cancer Association of Namibia in association with Bank Windhoek Limited (“Bank Windhoek”).

These Terms and Conditions must be read carefully as they constitute the Campaign Rules and set out the rights and duties of the parties in the Campaign. By entering this Campaign, all participants accept that these Terms and Conditions will apply to them and that Bank Windhoek can assume that all participants have read and agreed to the Terms and Conditions and agreed to be legally bound to them.

These Terms and Conditions will be made available on Bank Windhoek’s eApple website under “Terms & Conditions” and will be made available upon request at any Bank Windhoek branch as well.

  1. Duration
  • The Campaign will be open for entry from 00:00 on Wednesday, 12 August 2024, until 23:59 on Monday, 30 September 2024 (hereinafter referred to as the “Campaign Period”).

 

  1. Eligibility
  • This Campaign is open to any individual being 18 years or older, residing in Namibia, who has followed the instructions on the competition post.
  • The employees (including a director, member, partner, agent or consultant) and any of their direct families (including a spouse, life partner, parent, child, brother, sister, business partner or an associate of such employee) of the Cancer Association of Namibia and Bank Windhoek or any Capricorn Group Companies, and its subsidiaries, or the Cancer Association of Namibia may not participate in this Campaign. They will not have a qualifying entry.
  • All entrants will be required to provide valid identification in the form of an Identity Document or passport that can be linked to them through which the entry was made.
  • Should an entrant not be able to provide valid identification within 5 (five) days after they have been notified that they were selected as a winner in the Campaign, they shall forfeit entry into the Campaign and an alternate winner will be drawn.

 

  1. How to enter the Campaign
  • Entrants can take part in the Campaign by purchasing apples, eApples or apple juice boxes through bankwindhoek.com.na/shop
  • Entrants should keep their electronically generated receipt that will be emailed to them after a purchase is made through the platform mentioned above (this will be your entry and proof of entry for the Campaign).
  • A single proof of purchase (POP) from the eApple website, automatically generated upon purchase and sent via email, constitutes a single entry to the draw.

 

  1. Campaign Prizes
  • 3 Entrants stand a chance to win 1 of 3 Apple iPhone 15’s (128 GB) to the value of
    N$17,390.43 each (“the Prizes”).

 

  1. Winners Selection
  • All qualifying entries will be added to the draw, which will take place at the officers of Bank Windhoek, in collaboration with the Cancer Association of Namibia. (“The Campaign Draw”).
  • The date for the Campaign Draw is Wednesday, 2 October 2024.
  • The campaign winners will be announced on Tuesday 8, October 2024.
  • The above dates may be postponed at the discretion of Bank Windhoek and CAN due to any technical difficulties.
  • All campaign winners will be required to share a copy of their Identity Document (ID) within 5 (five) working days after the first contact has been made with them.
  • The Prizes will be made available for collection at the campaign winners’ preferred Bank Windhoek branch within 20 (twenty) working days from receipt of the campaign winners’ documentation.
  • The draw proceedings will be overseen by an Auditor/ Legal advisor to ensure that the draw is conducted in a fair and non-biased manner.
  • The campaign winners will be notified telephonically to verify their identity and contact details. Thereafter the campaign winners will receive confirmation of their winnings via email for record purposes.
  • All winners’ accounts will go through a verification process with the Bank Windhoek Legal & Credit department to ensure that they are not a reputational risk to the bank.
  • Once all the campaign winners are confirmed as valid, the campaign winners will be required to report to a Bank Windhoek branch of their choice to sign for the acceptance of the Prize and its terms and conditions.
  • No negotiation shall be entered into regarding campaign winners and prizes, and the prize cannot be exchanged for money.
  • The results audited by the panel are final.
  • The campaign winners consent to be photographed and that their names and surnames may be made public via various online and print media channels. (Any winners’ right to object to this consent remains.)
  • The winner agrees to allow Bank Windhoek and the Cancer Association of Namibia to use their name and likeness for promotional purposes related to the competition without additional compensation. The selected competition winner must be willing to share a picture of themselves with the awarded iPhone 15.
  • The selected competition winner must provide proof of purchase generated from the Bank Windhoek eApple site when claiming the prize.
  • Any tax liability as a result of accepting the prize is the responsibility of any campaign winner.
  • The draw may be postponed due to any technical difficulties or if Bank Windhoek and CAN decide to, for whatever reasons, extend the campaign.

 

  1. Other
  • Entry constitutes full and unconditional acceptance of these Terms and Conditions. Bank Windhoek and the Cancer Association of Namibia reserves the right to disqualify any individual in breach of these Terms and Conditions.
  • Bank Windhoek and the Cancer Association of Namibia reserves the right to verify the validity of all entries and claims and to disqualify any entrants who tampers or tries to interfere with the entry process, or who submits an entry/claim not following these conditions of entry.
  • Bank Windhoek, the Cancer Association of Namibia and its associated agencies are not responsible for any incorrect or inaccurate information, or for any technical error, or any combination thereof that may occur in the course of the administration of this Campaign.
  • Bank Windhoek and the Cancer Association of Namibia reserves the right in its sole discretion to disqualify any individual who the bank has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Campaign.
  • Bank Windhoek and/or the Cancer Association of Namibia reserves its legal rights to recover damages or other compensation from such an individual.
  • All entries become the property of Bank Windhoek and the Cancer Association of Namibia. Bank Windhoek collects personal information about the entrants to conduct the Campaign and to enable them to participate in this Campaign, but no further use of this information will be made without the permission of the entrants.
  • If, for any reason, this Campaign is not capable of running as planned, including disruptions due to infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Bank Windhoek or the Cancer Association of Namibia, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Campaign, Bank Windhoek and the Cancer Association of Namibia reserves the right in its sole discretion to modify the terms of the Campaign including these Terms and Conditions, and/or to cancel the Campaign and recommence it from the start on the same conditions.
  • If any clause in these Terms and Conditions is found to be unlawful, it will be removed, and the remaining clauses will still apply.
  • Bank Windhoek and the Cancer Association of Namibia is not liable and does not accept any form of liability for any technical failures that may affect participation in the Campaign.
  • To the fullest extent permitted by law, by participating in this Campaign, the participant indemnifies and agrees to hold harmless Bank Windhoek and the Cancer Association of Namibia– including, but not limited only to its holding company, its directors, officers, agents, representatives, shareholders and employees from any and all claims or liability arising from participating in the Campaign, any Campaign related activity and/or acceptance, receipt possession or use/misuse of any prize.
  • Namibian law shall govern these Terms and Conditions and the courts of Namibia shall have exclusive jurisdiction over any matter arising out of these Terms and Conditions.
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