Binaural Membership Terms & Conditions
“By purchasing a BinauralCard Membership and using the related services, you agree to the terms and conditions set out below. Please ensure that you check back for updates that may occur periodically.”
- Please read these terms and conditions carefully. Your use of the BinauralCard services will be subject to the current version of these terms and conditions published at the time of your use. If you do not accept these terms and conditions, you may not use the Binaural Membership services and Worldcode may refuse to redeem the discounts issued to you.
- These terms and conditions contain specific provisions to limit our liability, allocated risk or liability to you or act as an acknowledgement of certain facts by you.
“To become a BinauralCard member, you must be +18 years old. Please do not reproduce or use the information on our channels other than to learn more about our products and services.”
- Only companies with a valid registration number, and who’s owners are over the age of 18 years old may apply to the BinauralCard Membership Programme.
- All information on the website and digital channels is provided by Worldcode (Pty) Ltd, or is licensed from various license holders. You may only use this information to assist in learning more about any particular product or service. You may not store, reuse or utilise this information for any commercial purpose.
- You may not use any form of automated search or download technology to access this site unless with prior permission from us.
- Participation in the BinauralCard Programme and any discounts related to the use of the BinauralCard or services will only apply once you have successfully completed the registration and activation of your BinauralCard Membership.
- Changes to these terms
The following terms and conditions apply to the agreement between Worldcode (Proprietary) Limited (“Worldcode”) and Members of the BinauralCard Membership. When you become a Binaural Member you are entering into a contract with Worldcode, which is governed by these terms and conditions.
In these terms and conditions, the following words have the following meanings:
2.1 Binaural Technologies means a subsidiary of Worldcode (Proprietary) Limited.
2.2 Worldcode means Worldcode (Proprietary) Limited, and its associated organisations, which is the holding company of Binaural Technologies and is a Private Company registered in South Africa (company registration number: 2015/418258/07).
2.3 Member means you and/or any other member of the BinauralCard Membership, and “Membership” shall be construed accordingly. If you purchase a BinauralCard Membership as a gift, the BinauralCard’s contract is with you and the applicable Membership benefits will be provided in accordance with these terms to the Member.
2.4 ShyftCard Membership means the scheme made up of the Membership products described in clause 4.
2.5 Membership Card means the card or cards provided to the Member(s) by us confirming that you are a Member.
2.6 Membership Fee means the money paid or payable to Worldcode to become a Member.
2.7 Qualifying Membership Registration Area means the area in which membership registrations will be accepted. Unless agreed in writing, these areas include registered companies within the U.S., United Kingdom, and the European Union.
2.8 Membership Period means the date from which we receive your Membership Fee to the date on which your Membership expires. This will usually be 12 months from the last day of the month in which we receive your Membership Fee.
- Customer Consent.
3.1 You confirm that you have read, understood and accepted these terms and conditions (including any terms limiting your ability to recover losses).
3.2 You further confirm that you have read, understood and accepted the Information Processing terms set out below. You therefore agree that your personal information may be processed according to these terms and conditions. This includes the sending of information about promotions which may be of interest to you via email, post, mail, Whatsapp, sms and physical delivery.
3.3 By supplying us with your personal information, you expressly consent to receive direct marketing communications from us in respect of various food and non-food items as well as financial products as offered by us. If, at any time, you wish to withdraw your consent to the aforementioned receipt of direct marketing communications, you will be entitled to do so by contacting our customer care centre.
3.4 You will at all times be in a position to request, where necessary, the correction, destruction or deletion of your personal information. Binaural will process your request as soon as reasonably possible.
3.5 The deletion or destruction of your personal information may result in the termination of your participation in the ShyftCard Programme as we may no longer be able to provide the services to you.
3.6 By accepting the terms and condition as set out herein, you confirm that you are aware of the information that is being collected by us and the purpose for which the information is collected.
- Membership benefits.
4.1 Members of BinauralCard Membership schemes are entitled to the following benefits during each Membership Period:
4.1.2 Members will have an unlimited 40% Discount for one (1) year on all Technology Development Services offered by Worldcode, at time of service request. The delivery of development is subject to capacity at the time of the request. Members are required to present their Membership Card(s) at time of service request to qualify for Member Discounts. Members may also be asked to provide identification.
4.1.3 Within reason, Priority will be given to BinauralCard Members for all Development Service Requests made by Members. Priority booking notification is primarily communicated by email.
4.14 We will provide updates via email of your Membership benefits as well as other information we believe that Members would like to receive as part of their Membership.
- Use of the ShyftCard Membership Programme and Conditions.
“You may only have one active ShyftCard Programme at a time and cannot transfer your rewards to another profile. Blocked, lost or stolen cards can be deactivated through one of our channels.”
5.1 The BinauralCard is issued by and remains the property of Worldcode, which reserves the right to issue, decline and withdraw a BinauralCard Membership at any time.
5.2 The BinauralCard Membership is not transferable and its benefits will accrue to the named ShyftCard member only.
5.3 For all lost, stolen or defaced cards, please email email@example.com. You can instruct Worldcode to block/deactivate your lost, stolen or defaced card and request a new card.
5.4 You may only have one active BinauralCard Membership linked to a registered company, at anyone time.
5.5 Worldcode shall have the right to change or terminate the BinauralCard Programme immediately and without notice, if deemed necessary in its opinion or if circumstances arise outside of its control. In the event of such change or termination, you agree to waive any rights that you may have in respect of the BinauralCard Programme and acknowledge that you will have no recourse against Worldcode or its agents.
5.6 Worldcode reserves the right to exclude certain goods and/or services from the BinauralCard Programme.
5.7 Worldcode reserves the right to disqualify any claim if fraud is suspected, including without limitation, through the manipulation of code or otherwise frequently falsifying data.
5.8 You must provide Worldcode with true and accurate information. If you have given incorrect information, Worldcode reserves the right to decline your application or cancel your membership.
- Subscription fees and payment
6.1 All Members must pay an annual Membership Fee. Worldcode reserves the right in its absolute discretion to change the Membership Fee each year.
6.2 The agreement between the Worldcode and you is entered into for 12 months from the date of registration or renewal.
6.3 Worldcode is not obliged to accept an application for Membership.
Unless agreed in writing, membership is only valid to registrations from companies within the U.S. and, or qualifying E.U. states. Notification will be provided if the application is not accepted. Once accepted and following receipt of payment, Worldcode will process the registration and the Member will subsequently receive confirmation.
6.4 Valid Membership
The Membership is valid immediately from the day that the annual Membership Fee is received. If you do not renew your Membership it will expire automatically at the end of the Membership Period unless it is renewed in accordance with clauses 6.6 or 6.7 below.
6.5 Membership expiry
Upon expiry of your Membership, you will no longer be a Member and you will no longer be entitled to receive any Membership benefits.
6.6 Renewal by credit/debit card
When each Membership Period approaches an end, Worldcode will send you a renewal statement. If you wish to renew your Membership you must make payment preferably at least 10 days before the end of your Membership Period otherwise your Membership will lapse unless a further Membership Fee payment is received from you. Worldcode may contact you later to ask you to rejoin.
6.7 Suspending Membership Cards
Should Worldcode not receive a payment within the specified time period, Worldcode reserves the right to suspend any associated Membership Cards and all Membership Benefits.
6.8 Terminating Membership
Worldcode reserves the right in its sole discretion to terminate your Membership at any point during the agreement if in its reasonable opinion you behave in a way which is inappropriate or considered to be harassing, causing distress or inconvenience to Worldcode staff or may bring the Worldcode into disrepute; or if you breach any of these terms and conditions.
6.9 Following suspension or termination
Following suspension or termination of any Membership, all Membership Benefits will cease. A suspension will only be lifted once full payment has been received. In all cases, the Member is obliged to pay the Membership Fee from the date of registration.
6.10 When your Membership Fee is non-refundable
Subject to any statutory right to cancel, your Membership Fee is non-refundable once payment has been received by Worldcode and you are not entitled to cancel or terminate before the expiry of the Membership Period.
6.11 Membership rights and benefits and Membership Cards are not transferable
6.12 Membership rights shall cease on a Member’s death or on an individual ceasing to be a Member
6.13 Lost, stolen or damaged Membership Cards
If the Membership Card is lost, stolen or damaged, the Member is entitled to one free e-replacement card per Membership Period.
- Your details/personal data.
Company data is information that identifies an individual such as name, address, phone number or email address. This information, provided by you, is required by Worldcode in order to allow both Worldcode and our Members to fulfil their contractual obligations and for Worldcode to provide the Membership Benefits. It also enables Worldcode to provide you with relevant information about our services, unless you ask us not to do so.
7.1 We collect data regarding your relationship with Worldcode, which includes:
7.1.1 When and how you join as a Member.
7.1.2 Which services interest you.
7.1.3 When you make service bookings requesting Worldcode development services.
7.1.4 When you open, click or respond to Worldcode emails or browse any of the Worldcode websites.
7.1.5 Communications you have with Worldcode staff.
7.2 All information regarding Members is kept confidential Data is stored on secure, encrypted servers and on Worldcode’s CRM system.
7.3 Policy for retaining Members’ details
Worldcode’s policy for retaining Members’ details is stated in its Record Retention Schedule (a copy of which is available on request). Worldcode values its relationship with all Members and seeks to maintain and preserve these relationships. Worldcode may contact you regarding your Membership or any renewal and you will always be given an opportunity to easily opt-out of any further communications from us.
7.4 Change of details
The Member is obliged to inform Worldcode of a change of address or other company details by email. See clause 12 for the relevant contact details.
Worldcode will not collect or process sensitive personal data on Members such as race, ethnic origin, physical or mental health, political or philosophical views or sexual orientation without a good reason to do so. For example, we may need information regarding accessibility requirements or dietary requirements so that you are able to access and enjoy our facilities and events. It is part of Worldcode’s inclusive policy to provide as similar an experience as possible to all Members, regardless of any disability.
7.6 Members’ company details
Worldcode will never sell or swap the personal details of its Members. Personal data will not be disclosed to external organisations other than those acting as contracted agents for Worldcode for purposes outlined above.
7.7 Marketing Communications
You may opt out from receiving any direct marketing from any of the above mentioned channels, either when you first subscribe to a ShyftCard Membership, or any time thereafter, when Worldcode sends you additional communications by exercising the opt out function on the channel used to communicate with you. By subscribing to the BinauralCard Membership Programme you consent to Worldcode sharing marketing information with you telephonically, by mail, facsimile, SMS, Whatsapp, push marketing, electronic mail or any other communication method.
7.8 If you are purchasing a Membership for yourself or as a gift
If you are purchasing a Membership for yourself or as a gift you confirm that you or the relevant Member is over the age of 18. Worldcode does not accept applications for Membership from anyone under that age.
7.9 If you are purchasing a Membership as a gift
If you are purchasing a Membership as a gift, you confirm that you have the relevant individual’s consent to share their information Worldcode.
- Publications and other materials.
8.1 Copyright and all other intellectual property rights
Unless stated otherwise, copyright and all other intellectual property rights in all publications and materials supplied to you by Worldcode are owned Worldcode or its licensors. Members may not reproduce, transmit, distribute, sell or commercially exploit these materials without the prior written consent of Worldcode.
9.1 You hereby indemnify Worldcode, its employees and/or agents of any liability for any failure to perform or delay in performance caused by events outside of the reasonable control of Worldcode (for example strikes, trade disputes, accident, computer failure, breakdowns, power failures, shortages affecting Worldcode or Worldcode’s usual sources of supply or Worldcode’s means of delivery of the products or services), save to the extent that such liability cannot be excluded by applicable law.
9.2 Neither Worldcode, its agents, associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which you or a third party may suffer regarding your participation in the BinauralCard Programme or use of the BinauralCard Membership.
9.3 Worldcode shall not be responsible for any lost, damaged, delayed, incorrect or incomplete applications for any reason whatsoever.
9.4 Worldcode shall not be responsible for the failure of any technical element relating to the ShyftCard membership services that may result in a discount not being successfully redeemed.
9.5 In the event that Worldcode is found to be liable in respect of any claim(s) in connection with the ShyftCard Programme or any related discount, its liability will not exceed the monetary value of the discount, regardless of the reason for its liability, whether it stems from contract, statute or delict, save to the extent that such liability cannot be excluded by applicable law.
- Freedom of Information Act 2000 (“FOIA”).
10.1 Third-party requests
Worldcode is a ‘Public Authority’ for the purposes of FOIA. Subject to certain exemptions, Worldcode may be required to release information to a third party upon request which may relate to the Membership schemes.
10.2 Disclosure of information
Worldcode shall not be liable for any loss or damage that any Member may suffer as a result of Worldcode’s disclosure of information under FOIA.
10.3 The obligations contained in this clause 10 shall remain in force notwithstanding the termination of this Agreement for any reason whatsoever.
“Our legal system acts as final arbitrator to any disputes and any part of these terms and conditions may be held to be illegal or void by a court of law. You also understand that you may not transfer any of your rights to any other party with respect to this agreement. ”
11.1 These terms and conditions will be subject to and interpreted under the laws of the Republic of South Africa and the South African courts will have exclusive jurisdiction over any claim arising in connection herewith.
11.2 You may not assign or otherwise transfer all or any part of your rights or obligations under these terms and conditions. You agree that Worldcode may, in its sole and absolute discretion, transfer and assign all or part of its rights and obligations under these terms and conditions to one or more third parties chosen by it.
11.3 If any clause or sentence in these terms and conditions is held by a court of law to be void, illegal or unenforceable, the remaining provisions hereof will not be affected and will remain in full force and effect.
11.4 Worldcode shall not be liable (howsoever arising and whether for breach of contract, negligence or for any other reason) to Members or to any other third party for:
11.4.1 any loss of profit; or
11.4.2 loss of sales; or
11.4.3 loss of revenue; or
11.4.4 any special, incidental, indirect or consequential loss.
11.5 Total Worldcode liability
Subject to clauses 9.1 and 9.2, the total liability of Worldcode for anything that it has done or not done under or in connection with these terms and conditions (and whether the liability arises because of breach of contract, negligence or for any other reason) is limited to an amount equal to the annual Membership Fee paid or payable during the year in which the cause of action arose.
11.6 Waiver of rights
The failure of or delay by Worldcode to exercise or enforce any right in these terms does not constitute a waiver of such rights.
11.7 Informing Worldcode
The Member is obliged to inform Worldcode as soon as possible in case of loss, theft or damage to the Membership Card. See clause 12 of these terms and conditions for the correct contact details.
11.8 Revising terms and conditions
Worldcode reserves the right to revise these terms and conditions and the substance of the Membership. Such revisions also apply to existing agreements.
These terms and conditions shall be governed by and interpreted in accordance with South African law and, in the event of any dispute arising out of these terms and conditions and/or your Membership, you agree with Worldcode to submit to the exclusive jurisdiction of the South African courts.
11.10 Worldcode shall not be liable
Worldcode shall not be liable if it is delayed or prevented from performing any obligation under this agreement for reasons outside of its reasonable control.
- Contact details
Binaural Membership Office
PO Box 30