Terms of Service

BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms and Conditions are intended to align Memo’s legal positioning with best‑in‑class South African ecommerce gifting platforms, while remaining appropriate for Memo’s curated multi‑vendor gifting model.

1. About our Terms and Conditions

These terms and conditions, together with our Privacy Policy and any other policies referenced on our Platforms (collectively, the “Terms”), form a written agreement between you and Memo Gifting Proprietary Limited (registration number 2024/638938/07) (“Memo”, “we”, “us” or “our”).

These Terms govern our relationship with you and your use of our Platforms and/or Services.

Platforms include our website(s), mobile sites, emails, social media pages, digital gift links, digital communications and any other technology you may use to interact with us.
Services include any products, goods, digital services, gifting tools, vouchers, delivery services or functionality offered, owned, facilitated or operated by Memo.
Content refers to all information, text, images, photographs, videos, graphics, logos, trademarks, designs, software, data, and other material displayed on or made available through our Platforms or Services, together with all related intellectual property rights.

By accessing or using any of our Platforms or Services, you agree to be bound by these Terms. If you do not agree, you must not use our Platforms or Services.

We may amend these Terms from time to time. Any updated version will be published on our Platforms and will be effective from the date of publication. It is your responsibility to review the Terms regularly. Continued use of our Platforms or Services after changes are published constitutes acceptance of the amended Terms.

Certain Services may be subject to additional terms or conditions. By using those Services, you agree to be bound by the applicable additional terms.

2. Content on our Platforms and Intellectual Property

Our Content

All Content made available on our Platforms or through our Services is owned by, or licensed to, Memo unless otherwise stated.

You may not, without our prior written consent:

reproduce, copy, publish, distribute, sell, licence, perform, broadcast or commercially exploit any Content;
adapt, modify, reverse engineer, decompile or otherwise tamper with the Content;
incorporate the Content into any other work or platform; or
remove or obscure any copyright, trademark or proprietary notices.

Your Content

You retain ownership of any original content you submit, upload or transmit through our Platforms or Services (“Your Content”).

By submitting Your Content, you grant Memo an irrevocable, perpetual, worldwide, royalty‑free licence to use, reproduce, adapt, publish, display, distribute and promote Your Content in any media for purposes related to our Platforms and Services.

Any content you submit to publicly accessible areas of our Platforms will be treated as non‑confidential and non‑proprietary.

Third‑Party Content

Our Platforms may include content, links or advertisements from third parties (“Third‑Party Content”).

You acknowledge that:

Third‑Party Content is beyond our control;
we do not warrant its accuracy, legality or reliability; and
any reliance on Third‑Party Content is at your own risk.

Third‑Party Content does not necessarily reflect our views or endorsements.

3. Products, Marketplace Model and Availability

Memo operates a curated gifting marketplace featuring products and services supplied by independent third‑party brands (“Partners”).

While we take care to curate and present products accurately:

product availability, pricing and descriptions may change without notice;
we do not guarantee that all products will always be available; and
images are illustrative and actual products may vary slightly.

When you purchase a product via Memo, you acknowledge that:

the product is supplied by a Partner;
Memo facilitates the transaction, communication and delivery; and
certain obligations (including manufacturing‑related warranties) rest with the Partner, subject to applicable law.

4. Returns, Exchanges and Refunds

Our returns, exchanges and refunds policy depends on the type of product or service purchased and the policy of the relevant Partner.

Where the Consumer Protection Act 68 of 2008 (CPA) applies, Memo and its Partners will comply with the CPA’s requirements, including any applicable cooling‑off rights.

Cooling‑off rights do not apply to:

food, beverages or perishable goods;
personalised or made‑to‑order items;
digital products, vouchers or discount codes once issued or delivered; and
services already rendered.

Full details are set out in our Refund Policy, available on our Platforms.

5. Payment

We offer payment methods as displayed at checkout. Payment is required in full before orders are processed.

By submitting payment details, you confirm that you are authorised to use the selected payment method.

We use payment systems and authorised gateways that meet reasonable industry security standards. Memo does not store full card details.

6. Digital Gifts, Vouchers and Swap Option

All Memo vouchers and digital gifts:

are governed by these Terms;
are not redeemable for cash;
may not be refunded or exchanged once issued, unless required by law.

Vouchers are valid for the period stated on the voucher, which will not be less than three (3) years in accordance with the CPA. Price increases may require the recipient to pay the difference at redemption.

Lost, stolen or deleted vouchers cannot be reissued.

Memo’s Swap feature allows recipients to exchange a gifted product for a Memo voucher, subject to availability and the rules communicated at the time of use.

7. Discount Codes

Discount codes:

are subject to these Terms and any additional conditions communicated;
may be changed, withdrawn or discontinued at any time;
may only be used once per person and once per transaction;
cannot be exchanged for cash or applied retrospectively; and
are not transferable.

8. Communications

You agree that we may send you transactional and marketing communications in accordance with our Privacy Policy and applicable law.

You may opt out of marketing communications at any time.

9. Dispute Resolution

If you have a complaint or dispute, please contact us first at info@sendamemo.co.za, allowing us an opportunity to resolve the matter.

If the dispute remains unresolved, you agree that it may be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). Arbitration will take place in South Africa, in English, before a single arbitrator.

Nothing in this clause prevents either party from approaching a court of competent jurisdiction for urgent interim relief.

10. Third‑Party Goods and Services

Memo operates a gifting marketplace platform featuring products and services supplied by independent third-parties.

When you place an order through Memo:

you enter into a contract with Memo for the facilitation, coordination and delivery of the selected product or service;
Memo may rely on third-party brands to manufacture, supply or fulfil certain aspects of the product or service;
Memo remains responsible, subject to applicable law, for ensuring that the product or service is provided substantially as described on our Platforms; and
any product-specific terms, restrictions or limitations will be communicated on the relevant product page or at checkout, where applicable.

11. Availability, Security and Privacy

We aim to keep our Platforms available at all times but do not guarantee uninterrupted access.

We may suspend access for maintenance, security or operational reasons.

We take reasonable measures to protect the security of our Platforms and your personal information. Personal data is processed in accordance with our Privacy Policy.

12. Disclaimer and Limitation of Liability

You use our Platforms and Services at your own risk.

To the extent permitted by law:

our Platforms, Content and Services are provided “as is” and “as available”;
we do not warrant that they will be error‑free or meet your specific requirements; and
Memo will not be liable for any loss, damage or liability arising from your use or inability to use our Platforms or Services.

Nothing in these Terms limits rights or remedies that cannot be excluded under the CPA.

13. General

These Terms constitute the entire agreement between you and Memo.

If any provision is unenforceable, the remaining provisions remain valid.

Memo may assign its rights and obligations under these Terms. You may not do so without our consent.

These Terms are governed by the laws of the Republic of South Africa, and South African courts have jurisdiction.

14. About Memo

Memo Gifting (Pty) Ltd
Registration number: 2024/638938/07
Email: info@sendamemo.co.za
Website: www.sendamemo.co.za

Last updated: 15/01/2026

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