TERMS AND CONDITIONS. Schedule D: (Note: This document regulates the relationship between the

Transcription

1 TERMS AND CONDITIONS Schedule D: (Note: This document regulates the relationship between the INTELLIACC PROGRAM Members and the Store) LOYALTY MEMBERS TERMS & CONDITIONS (18 JUNE 2014 Latest update) We specifically draw a participating Members' attention to the following provisions. The member is required to read it and agree to it when registering a Loyalty account or to enter into any transaction with the Store: The link to these Terms and Conditions will also be ed to a Member immediately upon registration. Should Members not be in agreement with these Terms and Conditions Members are requested to terminate their participation to the Program with immediate effect. DEFINITIONS: PROGRAM: POINTS: The Loyalty Program operated by an Issuing Store and administrated by Intelliacc Systems (Pty) Ltd on behalf of the Issuing Store/s under the IntelliAcc Systems brand. The points earned and redeemable by Members at the Issuing Store/s. ISSUING STORE: The store/s where the Card was issued and the Card is branded with the details of the Issuing Store/s. MEMBER: WE/US: WEBSITE: SPAR: Any person who registers and is registered as a participant to the Loyalty Program operated by an Issuing Store. Intelliacc Systems (Pty) Ltd the administrators of the Program. The Stores website and all pages and links contained in it. The Spar Group Ltd. 1. These Terms & Conditions are applicable to any Issuing Store/s Loyalty card and any participation in the Program by a Member is considered as acceptance of these Terms & Conditions by the Member. 2. Intelliacc Systems (Pty) Ltd acts as an administrator of the Loyalty Program for Issuing Store/s and will not be liable for the redemption of any Points earned by a Member. 3. Spar is not a party to the Loyalty Program and will not be liable for the redemption of any Points earned by a Member at the Issuing Store. 1

2 4. Loyalty cards will be issued by Issuing Stores/s. The cards will be branded with a clear indication that the card is only valid for the earning and redemption of Points at the Issuing Store/s. 5. Any cards that We might issue will be issued on behalf of the Issuing Store/s as indicated and branded on the Loyalty card. 6. Any dispute regarding Points earned or redeemed must be resolved between the Member and the Issuing Store that issued the card. We will not be involved in any way whatsoever in any dispute between a Member and the Issuing Store. 7. The Loyalty card, vouchers and Points, in whatever form, are issued by and remain the property of the Issuing Store which may, at any time, terminate their participation to the Program or alter or amend the conditions of operation of the Program. 8. The redemption of Points and vouchers can only take place at the Issuing Store and We will not accept any liability to honour or redeem the Points should the participating store fail to do so. 9. All members of the Program must be natural persons residing in the Republic of South Africa and aged 18 years or older. 10. All cellular phone numbers used for registration purposes must be registered in South Africa. 11. A member is only entitled to one Loyalty card per Issuing Store. 12. We reserve the right to refuse a Member to register at more than one participating Store at the same time. Any registration at more than one store must be an active decision and acknowledgement by the Member that the Member will receive communications from more than one store. Members should preferably migrate from one store to another if they have changed their primary store. 13. We and/or the Issuing Store/s reserves the right to refuse, merge or close additional accounts at any time. 14. Loyalty Members must register their personal details in the participating store at the designated terminal and must keep Us and/or the Issuing Store informed of any changes. 15. Changes in personal details can be made in-store at the participating store where the member is registered. 16. Neither We nor the Issuing Store will be liable for any loss of Points or vouchers as a result of out of date contact details. 2

3 17. Any Loyalty card used that is not registered within three months of first being used will be removed and any Points or vouchers will be forfeited. 18. Any Loyalty account with out of date contact details that have not been updated for 12 months will be removed and any Points or vouchers will be forfeited. 19. The Loyalty card, in whatever form, is not transferable, cannot be copied and can only be used by the member who is named and registered to the card. 20. Loyalty cards and vouchers remain the responsibility of the member, as do any security details relating to the account. We and/or the Issuing Store cannot be held responsible for any loss arising from the member failing to ensure the safe-keeping of these items. 21. A member can access his/her account online at the store's website by entering the card number and Cellular telephone number registered to the account. 22. A Member can use any one of the following Access Codes when Points are redeemed: a. Cellular telephone number registered to the Account. b. Management in the store must verify the Members identity if more than Points are redeemed. 23. Loyalty Members must inform Us immediately if their card is lost or stolen. 24. We and/or the Issuing Store will not accept liability if any Points are redeemed in an unlawful manner where the Members card was used and any of the Access Codes was used. 25. Until a Member notifies Us to deactivate the Member's Loyalty Card neither We and/or the Issuing Store/s will be responsible for any transactions that are performed without the Members knowledge or consent or any loss the Member may suffer as a result. 26. We and/or the Issuing Store may refuse to issue or may withdraw or cancel Loyalty accounts, cards, vouchers and Points, in whatever form, and / or remove a member from the Program at any time where there is reasonable belief that: a. The member abused or attempted to abuse the Program; b. any breach or attempted breach of these terms and conditions occurred; 3

4 c. there was any behaviour relating to the Loyalty card that involved theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information. d. Points were accumulated by a person other than the person to whom the card was registered. e. the card is used with abnormal frequency at the Issuing Store/s unless the member can prove that it was used in the normal course of purchases. 27. Loyalty cards can only be used for purchases from the Issuing Store/s as indicated on the card and partners of the Issuing Store, who is part of the Program as indicated in promotional material and/or on the Website from time to time. 28. The Loyalty Program is only for personal and consumer use. Loyalty cards cannot be registered in the name of a business or used to purchase products for re-sale. 29. Points or vouchers cannot be exchanged for cash and no change will be given on the redemption of a voucher. 30. Vouchers can only be redeemed in the Issuing Store/s and must be used immediately at the time of the redemption. 31. Loyalty accounts, cards, coupons, Points and vouchers cannot be transferred, bought, sold or traded in any manner whatsoever. 32. Loyalty Members can leave the Program at any time if they so desire. By leaving the Program members forfeit the right to any Points or vouchers already accrued or issued. 33. Members who do not collect any Points for three consecutive calendar months will be removed from the Program, will forfeit all Points and will need to reapply for new membership should they wish to rejoin. 34. Points will be forfeited should a member pass away. 35. The Loyalty Member is responsible for any tax on any Points earned or spent. 36. Due to the fact that communication between Us or the Issuing Store and Members takes place via the Internet or over the telephone We are indemnified for any actions taken if a Members access code was used. 37. Members are responsible for giving the correct information when they register for the Loyalty Program and when conducting transactions via the Website or over the telephone with Us. 4

5 38. We or the redeeming store/s will be entitled, but not obliged, to request confirmation or verification of a Members identity. 39. The Member agrees to these Terms and Conditions every time the Member earns or redeems Points or if the Member access the Website or access the Login page via the Issuing Stores website. 40. The place of conclusion of these Terms and Conditions will be presumed to be at Our main place of business in BRYANSTON, South Africa. 41. If the Member sends Electronic data messages to Us then it will only be deemed to have been received by Us if and when We respond to any messages sent by the Member. 42. If We send Electronic data messages to Members it will be deemed to have been received by the Member when the complete data message enters an information system designated or used for that purpose by the Member and the message is capable of being retrieved and processed by the Member. 43. Any Data messages sent by the Member to Us will be deemed to have been created and sent by the Member within the geographical boundaries of South Africa. 44. The Member must log off/exit once the Member has finished using the in-store Terminal or the Website. If the Member does not log off/exit then unauthorised transactions may result, for which neither We or the Issuing Store/s will be liable. 45. We respect our Members Privacy and their Personal Information. We will take all reasonable measures to protect our Members personal information and to keep it confidential, except as required in the operation of the Loyalty Program, even if the Member is no longer a Member of the Loyalty Program. 46. When a Member joins the Loyalty Program, visits and/or uses the Issuing Stores website, earning or redeeming Points at the Issuing Store/s or use the Loyalty Program in any way whatsoever, the Member provides Us with the Member s express permission to share certain details of the Member s personal information with our participating store/s and partners in the ordinary course of operating the Loyalty Program. 47. We might use cookies. Cookies are sent from our or the Issuing Store/s website to your hard drive, where it is saved. This helps us to know the next time you use our website who you are and that you have visited our website or the Issuing Store's website before. 48. The Website/s may be unavailable from time to time due to maintenance or due to the unavailability of telecommunication networks. 49. We and/or the Issuing Store/s may, in whole or in part, change or discontinue participation to the Loyalty Program at any time at the sole discretion of Us or the 5

6 Issuing Store. We will however, notify Members of changes or a discontinuation within a reasonable time. 50. We reserve the right to amend these Terms and Conditions, the Rules and any other terms and conditions on the website or the Issuing Store/s website from time to time. If a Member uses the website/s or Program after We have posted amendments to the Terms & Conditions on the Website, then We will assume that Members have agreed to be bound by the amended version of the relevant Terms and Conditions. 51. Nothing in these Terms and Conditions shall limit or exempt a supplier of goods or services including Us and/or the Issuing Store/s from liability for any loss directly or indirectly attributable to the gross negligence of the supplier or any person acting for or controlled by the supplier, as envisaged in Section 51(1)(c)(i) of the Consumer Protection Act. 52. Nothing in the Terms and Conditions shall limit or exempt a producer, importer, distributor or retailer from liability for harm or damage caused by goods, as envisaged in Section 61 of the Consumer Protection Act. 53. If any of our Terms and Conditions is in conflict with the provisions of the Consumer Protection Act, the Consumer Protection Act shall prevail. 6

7 RULES RELATING TO THE EARNING OF POINTS (Part of the Terms & Conditions) 1. Each Issuing Store/s will determine the rate at which a Member will earn Points (if any) on purchases and promotions, and the criteria that a Member is required to comply with in order to earn Points, other than those requirements specified in these Terms and Conditions. 2. Unless otherwise specified by an Issuing Store/s, Points will be earned at a rate of 1 (One) Point for every full R 1.00 (One Rand) spent on qualifying purchases. 3. Unless otherwise specified by an Issuing Store/s, Points will be redeemable in the Issuing Store/s at a conversion rate of R 1.00 (One Rand) for 100 (One Hundred) Points. 4. Points will only be redeemable in multiples of Unless otherwise specified by an Issuing Store/s, a Member must have a minimum of (One Thousand) Points before the Member can redeem any or all of the Points. 6. Members must present their Loyalty card at the checkout in the Issuing Store/s in order to earn Points for a transaction in store. Members who forget to do this will forfeit the Points as it is difficult to determine afterwards if the transaction was in fact done by the Member. 7. To be awarded Points, Members can be required to spend above a certain amount on qualifying products in a single transaction. The amount of Points awarded may change and will vary depending on the products bought, the amount spent and where the transaction takes place. 8. Points will not be awarded for non-qualifying products, including tobacco or tobacco related products, Air Time, Spar Gift Cards, Kwikpay or Easypay, payments, Electricity, Instant Money, Lotto or any other service provided by a participating store or any receipt of money by an Issuing Store/s on behalf of a 3 rd party. Other products may also be excluded from the Program in the sole discretion of Us and/or the participating store/s. 9. Members can earn a maximum of (Fifty Thousand) Points per month when a earn rate of R1 spent for One Point apply. If another conversion rate is applied then the maximum value of redeemable Points that a Member can earn in a month will be limited to a redeemable value of R (Five Hundred Rand). 7

8 10. We and/or the participating store may set a limit on the number of times Points may be awarded for promotional items on which additional Points are available. Individual promotions may have different limits as communicated in their purchase conditions. Any participation in promotional offers above and beyond what could objectively be considered normal consumer behaviour or personal use may be considered as abuse of the Program. 11. We and/or the participating store may set a limit on the number of items on which discount will be granted for products advertised at a reduced/discounted price for Loyalty card Members. 12. We and/or the participating store/s is entitled to remove Points at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products with an equivalent value. 13. Points awarded at the time of the transaction or vouchers already issued may be removed or cancelled if We and/or the Issuing Store/s determines that the Points were collected in breach of these Terms and Conditions or were awarded in error. For the avoidance of doubt, any advice or actions of the staff of Us or any Issuing Store/s that is contrary to these Terms and Conditions will not have the effect of changing these Terms and Conditions. 14. Points have no value until redeemed at the Terminal and presented at the checkout in the Issuing Store/s. 15. Specials linked to Loyalty cards are available at the listed Spar only and while stocks last. The store reserves the right to limit product purchase quantities. 16. The current conversion value of Points on redemption is 100 Points equals One Rand. Unless the Issuing Store/s has a different conversion rate as published instore and on its own unique website page or on The Issuing Store/s is under no obligation to award Points for any reason outside of qualifying transactions. 18. Members will be able to view their Points balance in-store or on the Store's website by login in. 19. All unredeemed points older than 365 days will expire. Members will NOT be notified before points expire. 20. When points are redeemed the oldest points will be redeemed first. I.e. the points that will expire the soonest will be redeemed first. 21. All Points will expire if a member did not enter into any transaction for three consecutive months. Members will NOT be notified before points expire. 8