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WAPPOINT LOYALTY APP: CUSTOMER TERMS AND CONDITIONS

PLEASE NOTE !
By downloading or using this WAPPoint Loyalty Application, you acknowledge that you have read, understood and accepted these terms and conditions and that these terms will automatically apply to you. You should make sure therefore that you read them carefully before using the WAPPoint Loyalty Application.

THE WAPPOINT LOYALTY PROGRAMME AND THIS APPLICATION

1. This WAPPoint Loyalty application (‘the WAPPoint Loyalty App’) provides access to the WAPPoint Loyalty Rewards Programme (‘the Programme’), in terms of which participating retail merchants (‘Merchants’) are able to offer incentive loyalty rewards to their customers.
2. There is no cost to join the Programme.
3. The incentive rewards offered by participating Merchants are at the sole discretion of each Merchant. It is the customer’s obligation to enquire from each Merchant what these rewards may be.
4. The Programme is unique to each Merchant and WAPPoint facilitates the process for persons using the WAPPoint Loyalty App. However WAPPoint (also referred to herein as ‘we’, ‘us’) has no obligation to make good on any reward redemptions, which are exclusively offered by the Merchant and are for their account only.
5. Only one active mobile number is allowed for each WAPPoint Loyalty App account.
6. You join the Programme by downloading the WAPPoint Loyalty App from the Google App store or IOS for smart phones and other compatible devices only. You may download the WAPPoint Loyalty App only once; however you may migrate the WAPPoint Loyalty App to another cell phone should you need to do so (for instance in the case of loss or destruction of your cellphone). Thereafter you can join the rewards programmes offered by multiple Merchants who subscribe to the Programme through their Merchant Application, which is separate from the WAPPoint Loyalty App.
7. To join and receive offers and rewards you must sign up with an active Merchant and supply the additional information required by them. When you sign up with a Merchant this forms the basis of a binding agreement between you and such Merchant.
8. You may join as many Merchant rewards programmes as you wish. Each participating Merchant will be pinned to the WAPPoint Loyalty App map and can be located from the mobile device.
9. Only the active mobile number can earn points and redeem offers on the WAPPoint Loyalty App.
10. You will be rewarded according to each Merchant’s rules that will vary for each Merchant and will be based on the amount of your total purchases per each Merchant location.
11. Each Merchant designs their own rewards offers and rules of engagement. The discounts and redemptions offered bear no monetary value and there is no claim against WAPPoint for monetary reimbursement if the Merchant does not honour or chooses not to reward you or unsubscribes to the loyalty Programme. Accordingly WAPPoint does not warrant the rewards or any other agreement that the Merchant may enter into with you.
12. If any dispute arises relating to a Merchant’s rewards this must be resolved between you and such Merchant only. You may however report a Merchant transgression to WAPPoint by logging a complaint on the website, on which we will act and give you a response.
13. Each time a particular action or rand value per purchase is attained a stamp will be rewarded according to the Merchant’s rules.
14. When you reach a specified Rand amount or number of stamps, as determined by the Merchant rules, you will eligible for a reward as offered by the Merchant, and can then redeem your offer with them for the value determined by them.
15. The reward stamps earned are non-transferable and must be exchanged for the selected Merchant offer.
16. Offers/rewards cannot be combined with any other offers with the same or any other Merchant.
17. You earn and track your own points/stamps for each Merchant separately on the WAPPoint Loyalty App and redeem your offers with each Merchant as per their rules.
18. If you have a change in address or any information originally submitted you must notify WAPPoint to edit your profile to assure you continue to receive all offers and rewards.
19. WAPPoint reserves the right, at their discretion, to terminate the Programme, to change, add to or delete the Programme rules, terms and conditions, without prior notice at any time.

OTHER IMPORTANT TERMS AND CONDITIONS REGARDING THE WAPPOINT LOYALTY APP

20. We are offering you this WAPPoint Loyalty App to use for your own personal use without cost, but you should be aware that you may not send it on to anyone else, and you are not allowed to copy or modify the WAPPoint Loyalty App, or any part of the WAPPoint Loyalty App, or our trademarks in any way.
21. You’re not allowed to attempt to extract the source code of the WAPPoint Loyalty App, and you also must not try to translate the WAPPoint Loyalty App into other languages, or make derivative versions.
22. The WAPPoint Loyalty App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to WAPPoint (Pty) Ltd.
23. The terms and conditions as applicable from time to time are contained on the website www.wAppoint.co.za/loyalty where we also set out our Privacy Policy, the Acceptable Use of the WAPPoint Loyalty App, and the general Terms and Conditions for use, all of which will be applicable if you use the WAPPoint Loyalty App.
24. Subject to the requirements of applicable law and your instructions from time to time, you agree to WAPPoint providing information that it may have concerning you to other people or companies participating in the Programme who have a valid reason to be given that information. You agree that WAPPoint may verify the information against any other sources or databases.
25. You agree to allow WAPPoint or other entities with whom WAPPoint is associated to use the information concerning you so as to inform you of products and special offers, or to present offers from other organisations to you, or to allow reputable research organisations to contact you. Until you give an instruction to the contrary you agree to be contacted by telephone and/or email and/or sms and/or other forms of communication.
Device Use Policy, Undertakings and Liability
26. It is your responsibility to keep your phone and access to the WAPPoint Loyalty App secure.
27. We recommend that you do not remove software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programmes, or compromise your phone’s security features and it could mean that the WAPPoint Loyalty App won’t work properly or at all.
28. You should be aware that there are certain things for which WAPPoint will not be responsible as they are out of WAPPoint’s control. For example, certain functions of the WAPPoint Loyalty App, such as the ability to download and store rewards and redemptions receiving notification of specials and promotions, enabling pin look-ups on maps require the WAPPoint Loyalty App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but WAPPoint cannot take responsibility for the WAPPoint Loyalty App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
29. If you’re using the WAPPoint Loyalty App outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the WAPPoint Loyalty App, or other third party charges.
30. In using the WAPPoint Loyalty App, you are accepting responsibility for any such charges, including roaming data charges if you use the WAPPoint Loyalty App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the account payer for the device on which you’re using the WAPPoint Loyalty App, please be aware that we assume that you have received permission from the account payer for using the WAPPoint Loyalty App.
31. At some point we may wish to update the WAPPoint Loyalty App. The WAPPoint Loyalty App is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the WAPPoint Loyalty App to) may change, and you’ll need to download the updates if you want to keep using the WAPPoint Loyalty App.
32. WAPPoint does not promise that it will always update the WAPPoint Loyalty App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise always to accept updates to the WAPPoint Loyalty Application when offered to you.
33. As the WAPPoint Loyalty App is a free service we may also wish to stop providing the WAPPoint Loyalty App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the WAPPoint Loyalty App, and (c) you must delete it from your device.
34. The WAPPoint Loyalty App, including all content on or available through the WAPPoint Loyalty App, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the WAPPoint Loyalty App or any of its content or its suitability for any purpose. In particular and without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the WAPPoint Loyalty App.
35. The content of the WAPPoint Loyalty App is not intended as advice and should not be relied upon as such.
36. To the extent permitted by applicable law, we also do not accept any responsibility to you for:
36.1 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the WAPPoint Loyalty App;
36.2 any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
36.3 viruses that may infect your computer equipment or other property on account of your access to or use of the WAPPoint Loyalty App or your accessing any materials on the WAPPoint Loyalty App;
36.4 any unauthorised use or interception of any message or information before it reaches the WAPPoint Loyalty App or our servers from the WAPPoint Loyalty App;
36.5 any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data);
36.6 any content provided by third parties.
37. We may terminate or suspend your use of the WAPPoint Loyalty App with or without notice at any time and without any liability to you. Upon any termination your right to use the WAPPoint Loyalty App, and any other rights or permissions granted to you in these WAPPoint Loyalty App terms and conditions, will end and you must stop using the WAPPoint Loyalty App and delete it from your Device.
38. These App terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter will be governed by the law of South Africa and the parties agree to the jurisdiction of the South African Courts to settle any such disputes or claims.

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