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Terms & Conditions

Welcome to the DotMall Site. In order to use our Site, you must agree to our Terms & Conditions of Use –These are our “rules of the road” – they are important and contain many legal disclosures that you should read carefully - including terms of sale that apply when you buy something through the Site and other terms that specify permissible uses of the Site. The reason for these rules is simple; we value your trust and loyalty and require a set of rules to fairly, consistently and respectfully ensure that the Site is only used properly. If you have any questions about these Terms of Use contact info@dotmall.co.za

These Terms of Use were last updated on July 02, 2013.

ACCEPTANCE OF TERMS & CONDITIONS

DotMall  (“We or “us” or “our”) operates this website, www.dotmall.co.za, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the "Site" in these Terms of Use. By using our Site and DotMall's services through the Site, you (“you” or, “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement").

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY DOTMALL SERVICE OFFERED THROUGH THE SITE.

1. Permitted Uses

The Site provides an interactive online service operated by DotMall, consisting primarily of promotion, marketing services and sale of goods on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”)  and products for sale available to its users. Vouchers may be purchased by DotMall account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below, and where the sale is for purchase of product, items are sold directly as per terms and conditions set out therein.

As a condition of your use of this Site, you agree that:

  • You are an individual person at least 18 years of age;

  • You possess the authority to create a binding legal obligation;

  • Your use of this Site will at all times comply with the terms of this Agreement;

  • If you elect to create an account:

  • You may create only one account for your personal use;

  • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;

  • You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;

    • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.

    • You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such

            information is accurate, true, current and complete.

      2. Availability of the Site

      You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. DotMall retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

      3. Ownership of the Site

      The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

      4. Transmission of Information

      Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with DotMall, our Merchants, partners, service providers or any of our affiliates and the Site while it is being transmitted. In addition, DotMall is not responsible for any data lost during transmission.

      5. Your Conduct on our Site

      Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. 

      PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Purposely submitting any inaccurate information, committing fraud or falsifying information in connection with your DotMall account or in order to create multiple DotMall accounts;

  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;

  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by us;

  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;

  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with us;

  • Reselling or repurposing your access to the Site or any purchases made through the Site, without consent;

  • Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of ours to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with DotMall, including without limitation, aggregating current or previously offered deals;

  • Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;

  • Exceeding or attempting to exceed quantity limits when purchasing vouchers or otherwise using any DotMall account to purchase vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;

  • Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;

  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.

  • Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher, service or product) without our express written permission;

  • Acting illegally or maliciously against the business interests or reputation of DotMall, our Merchants or our services;

  • Hyperlinking to the Site from any other website without our initial and ongoing consent.

    6. Creating an Account on our Site

    If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enrol or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your DotMall account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

    7. Terms of Sale

    Vouchers, service or goods you purchase through our Site as a DotMall account holder are special promotional offers that you purchase from us or participating Merchants through our service. 

    The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release DotMall and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it.

    By purchasing any voucher you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale specifically (“rules”) the terms on the voucher itself and any additional, deal specific terms advertising the voucher at the time of purchase (collectively, the “fine print” regardless of how labelled). These rules apply to all promotional vouchers that we make available, unless a particular voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s fine print, the voucher’s fine print will control.

    DotMall is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the voucher. For example, if you pay R50 for a voucher that gets you R100 of goods or services from a Merchant, the full offer value is R100, the amount paid is R50, and the promotional value is R50 of which the full offer value expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law.

    If a Merchant or venue refuses to honor any voucher, DotMall will refund the amount paid upon request in the original form of payment, or will credit the DotMall account of the purchaser with an equivalent number of DotMall “DM’s” for future purchases on the Site. DotMall DM’s do not expire. Need a refund or have a question? contact us here or call us (Monday through Friday, 9-5 SA Time). Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of vouchers is prohibited. 

    Special terms for Travel Deals.

    A DotMall “Travel Deals” is a DotMall-facilitated hotel reservation for a specific check-in date, length of stay, and room type at a named merchant property. Getaways Bookings are non-transferrable, may not be sold, auctioned, or bartered, and have no value once the check-in date has passed. Unless otherwise specified, Getaways Bookings include all taxes and expressly exclude any other traveller costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons. DotMall does not facilitate and is not liable for any special requests, which may be accommodated directly with the merchant prior to check-in at the merchant’s discretion. Cancellations to Getaways Bookings may only be made through DotMall through the deadline specified in the Fine Print and Details of the Getaways Booking. Cancellations to any Getaways Booking after the cancellation deadline and modifications to the traveler’s name are at the discretion of the merchant. DotMall strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the merchant may require and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Getaways Booking.

    8. DotMall “DM’s”

    “DM’s” are a form of Site currency redeemable only toward future DotMall purchases. DotMall reserves the right to discontinue DM’s or modify these terms. To accumulate and redeem DM’s, you must create, and maintain in good standing, a DotMall customer account registered with a valid credit card. DM’s do not expire. Unless required by law, DM’s are non-transferrable and are not redeemable for cash.

    You can earn DM’s by participating in various activities and responding to certain offers (“Qualifying Activities”). In order to earn DM’s indicated in the Qualifying Activity materials, you must comply with the terms of the applicable Qualifying Activity. DotMall may credit DM’s to your account for returns or refunded purchases or other reasons within our customer service team’s discretion. DM’s may also be purchased in various increments on DotMall gift cards or promotional codes. DotMall gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code.

    You are responsible for ensuring that DM’s you earn or are awarded as credits are added to your DotMall account. DM’s may not appear in your account for up to ten business days if a Qualifying Activity must be validated. DM’s in your account will automatically be the first form of credit to be applied toward future DotMall purchases.

    Your DM’s cannot be resold nor cannot be combined or merged with DM’s in any other account registered to you or another End User. Access to DM’s or related account information may not be sold or distributed to others. You may not use any other End User’s password or account to accrue DM’s for that account. Unauthorized or fraudulent use, resale, or distribution of DotMall DM’s is prohibited. DotMall reserves the right to cancel, revoke, or otherwise prevent the issuance of DM’s in cases of mistake and in any suspected case of unauthorized or fraudulent use.

    9. Refer-A-Friend

    DotMall’s Refer-a-Friend program (“RAF Program”) is a Qualifying Activity by which you may earn. If a non-DotMall customer you refer makes a qualifying purchase on the Site you may earn  vouchers in increments of R25.00 over the lifetime of your participation across all referrals (“Lifetime Program Limit”). You must be eligible to accumulate and redeem by maintaining a DotMall account in good standing to be eligible to earn through the RAF Program.

    To participate, refer friends, family or co-workers who are not current DotMall subscribers and who have never purchased from the Site (“New User”) by simply going into your account, click on “Referral Program” filling in the details in assigned space and automatically send them your personal referral link (“unique link”). If the New User clicks your unique link and, within the following 72 hours, registers on the Site and makes an initial purchase of a DotMall offer, DotMall will award you R25.00, to use whenever you wish.

    We encourage you to constantly view your referrals to see who has signed up and who has not. The pending friends list allows you to send reminders.

    If you are not using the referral portal to refer, please ask them to enter your e-mail address upon signup in the sponsor part during registration so that you will still be eligible to qualify for the referral award. Note that if the person you refer fails to enter this during registration, or enters it incorrectly, or you are not yet registered on DotMall, there will be no award voucher allocated for your use.

  • The email address must be the same as the one you used to sign up at DotMall.

  • IMPORTANT : No award is allocated if your friend does not complete a qualifying purchase, even though all information has been entered correctly as highlighted above.

    Note that any attempt to try and fraudulently qualify for awards or failure to disclose such information of anyone you have referred, is a violation of this Agreement and DotMall may terminate you immediately from the RAF Program, disqualify you from participating in the RAF Program in the future, and cause the forfeiture of any credit in your account.

    DotMall reserves the right at any time to modify or discontinue the RAF Program either temporarily or permanently (or any part thereof) with or without notice. DotMall will not be liable to you in the event of any modification, suspension or discontinuance of the RAF Program.

    NOTE : Signup or referral awards cannot be redeemed against Coupon purchases nor can they be redeemed for Cash.

    Summary of Terms & Conditions of Customer Referral Awards :

    1. Referrals are managed by yourself and you may view referral status on your profile.

    2. Referrals are only valid for referral of South African residents.

    3. In order to qualify for your referral reward, your friend must complete a purchase in full with the purchase delivered.

    4. If any of your friends fail to ensure your reference (email address) is listed upon registration, or  delete or inadvertently remove your reference during sign up, you will not qualify for any referral award. You must please ensure that everyone you refer is made aware of this.

    5. Referral awards are automated, and we have no control over the allocations.

    6. Your referral awards are cumulative and never expire.

    7. You can refer as many people as you wish, as often as you can, but no referral repeat will qualify you for any award.

    8. The referral award is once off, this means that when any of your friends complete a purchase, you qualify for R25.00 for each of your friends first purchase only.

    9. Referral awards can only be used to purchase products and cannot be used for Coupons, nor redeemed for cash, and are not transferrable.

    10. Always keep track of your referrals in the pending section of the referral programme page, and feel free to remind them frequently.

     

    11. Copyright and Trademarks.

    Everything located on or in this Site is the exclusive property of DotMall or is being used with permission. 

    ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DOTMALL IS PROHIBITED

    Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

    This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the Republic of South African copyright laws. DotMall owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of DotMall or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

    DotMall is a trademark of Okko Trading (PTY) Ltd. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with DotMall shall not be deemed to be in the public domain but rather the exclusive property of DotMall, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of DotMall unless otherwise stated.

    You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. DotMall does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted DotMall the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant DotMall the right to edit, copy, publish and distribute any material that you make available on this Site.

    12. Copyright Policy and Procedures.

    DotMall reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

    If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide DotMall with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    13. Unsolicited Ideas

    We do not accept or consider, directly or through any DotMall employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • DotMall has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and

  • DotMall will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

    14. Disclaimer of Warranty.

    You expressly agree that use of this site is at your sole risk. Neither DotMall, its subsidiaries affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, completeness, reliability or content of any information (including, but not limited to, product descriptions), service, products or vouchers provided through this site. The site and all content, statements (as defined below) and other information contained on the site, and products and services accessible or available through the site are made accessible or available on an “as is” and “as available” basis. DotMall hereby disclaims any and all representations, warranties and conditions, whether express or implied, as to the operation of the site or the content, statements or other information contained on the site, or the products or services accessible or available through the site, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.

    15. Limitation of Liability.

    In no event shall DotMall, its subsidiaries, affiliates nor any of their respective employees, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the site, the content, statements and other information contained therein, the products or services accessible or available through the site or these terms of use. In no event will DotMall’s liability in connection with a voucher or a product or service exceed the amounts paid for such voucher, product or service. Total aggregate liability arising out of or related to this agreement shall not exceed the amounts paid by you during the six months preceding the bringing of any claim, or five hundred rands, whichever is less.

    16. End User Communications

    DotMall in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). DotMall shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by DotMall, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, DotMall shall have the right, but not the obligation, to remove any material from the Communities that DotMall, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of DotMall.

    17. Websites of Others

    The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk

    18. Public Nature of Your Statements.

    You understand and agree that all Statements are public and not private. Any other person (whether or not a user of DotMall’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. DotMall does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

    19. License Grant.

    By posting Statements or other information on or through the Communities, you grant DotMall a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

    20. Indemnification/Release.

    You agree to defend, indemnify and hold harmless DotMall, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.

    You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release DotMall from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a DotMall, and any conduct or speech, whether online or offline, of any other user.

    21. Termination.

    DotMall may terminate these Terms of Use at any time. Without limiting the foregoing, DotMall shall have the right to immediately terminate or suspend any of your passwords or accounts in the event DotMall considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

    22. Choice of Law.

    Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or DotMall’s services shall be governed by the internal laws of the Republic of South Africa.

    23. Additional Disclosures.

    No waiver by either you or DotMall of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

    You are contracting with DotMall

    The provisions of these Terms of Use apply equally to and are for the benefit of DotMall, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.