GENERAL CONDITIONS This Website is operated by First Group Investment Holdings (Pty) Ltd, trading as First Loyalty Plus. The terms "we", "us", and "our" refer to First Loyalty Plus, and the terms "you" and "your" refer to the users of the Website. The headings in this agreement are included for convenience only and will not limit or otherwise affect these terms. First Loyalty Plus offers this Website, including all information, products, and services available from this Website to you subject to your acceptance of all terms, conditions, policies, and notices stated herein. By visiting the Website and/or purchasing a product or service from the Website, you have engaged in our "Service" and agree to be bound by all terms, conditions, policies, and notices stated herein, as well as any other terms, conditions, policies and notices made available by hyperlink on the website. These Terms of Service apply to all site users, including, but not limited to, browsers, customers, members, suppliers, merchants, vendors and contributors of the Website content. If you do not agree to any of the conditions of this agreement, then you may not access the Website or purchase any of the products or services made available to you by the Website. We reserve the right to cancel, limit or prohibit products or services from the Website. These restrictions may include products or services placed by or under the same account, products or services using the same credit card, and/or products or services with the same billing/shipping address. If we change or cancel a product or service, we will notify you via your account's email address and/or cell phone number. MEMBERSHIP To purchase from the website, you must first register as a member. At registration, you must provide a valid email address, cell phone number, and any other personal and/or contact information we may require and create a member password. Your email address and cell phone number are unique and will be used as your username/reference number for various Website services. These two fields are critical for the proper and continued use of your membership and the products and services made available by this Website. An email address or cell phone number can only be used once in connection with a single membership account. Your personal information (not including banking and/or credit card information) may be transferred unencrypted and involve transmissions over various networks. It may also be altered to conform to the technical requirements of the multiple networks. Banking and/or credit card information is always encrypted, and it will be transferred to a First Loyalty Plus nominated payment gateway. You must be at least the age of majority in your country of residence to use this Website, or you are the age of majority in your country of residence, and you have explicitly consented to allow any of your minor dependents to use this Website. You must be the holder of a valid credit or debit card capable of performing online transactions or have explicit consent from the holder of a valid credit card or debit card capable of performing online transactions to use this Website. You cannot have more than one membership account. Memberships can only be used by the member listed on the account. You are responsible for the activity of another person, regardless of relationship, using your membership account. MEMBERSHIP ACCOUNT You will receive a welcome email with directions on activating your membership account. A membership account will be set up to record each member's activity. We reserve the right to monitor all account activity. If your account shows signs of fraud, abuse or suspicious activity, we reserve the right to suspend or cancel your membership immediately. If there is any indication that your account has been subject to any suspicious activity, please get in touch with us immediately. You agree to promptly update your account and other information, including your email address, cell phone number, banking details, and credit/debit card details, so we can contact you as needed and complete your transaction accurately. MEMBERSHIP TERMINATION We reserve the right to terminate any membership that has failed to pay the relevant monthly membership fee and/or any monies owed and is more than twenty-one days in arrears. We reserve the right to terminate any membership that has shown no activity for twelve months. We reserve the right to terminate any memberships that we believe, in our sole discretion, violate these Terms of Service, applicable laws, ordinances, or regulations, or have engaged in fraud or abuse concerning the membership benefits. We also reserve the right to legal action if fraudulent activity is discovered. You may terminate your membership by providing a First Loyalty Plus with a twenty-one-day written notice. Such written notice must be sent to [email protected] using the email associated with your membership account and explicitly state that you wish to terminate or cancel your membership. Should your scheduled monthly membership payment fall within this twenty-one-day notice period, you shall be charged an additional monthly membership fee. Should your membership be cancelled, you may reinstate it at any time by paying a once-off re-activation fee equal to the current once-off joining fee. All reinstatements are subject to approval, and we reserve the right to deny them. DINING & COFFEE BENEFITS As a paying member, you are entitled to the various Dining & Coffee benefits. These benefits are for the specified list of restaurants only and First Loyalty Plus has the sole and exclusive authority to amend the list of restaurants from time to time. We shall endeavour to update our Website promptly as and when any changes are made. While every effort will be made to ensure that all restaurants are listed, neither we nor our benefit providers accept any responsibility for restaurant closures. Neither we nor our benefit providers accept any responsibility for the quality of services or meals provided by any of the participating restaurants, and neither we nor our benefit providers will become involved in any disputes between you and any of the participating restaurants relating to the quality of services or meals provided to you. The participating restaurants have the sole and exclusive authority to vary their offerings, prices, and availability of this benefit. DINING CASHBACK BENEFIT TERMS AND CONDITIONS The Dining Cashback refund is calculated on the second most expensive main meal on the bill, up to a maximum of R120,00. To qualify for the refund, a claim pre-authorisation must be requested from the First Loyalty Plus app (preferably before dining at the participating restaurant) no later than 15 minutes after the time listed on the restaurant bill. NOTE: The claim pre-authorisation is not a booking nor a guarantee of the cashback refund. You must make all restaurant bookings separately and directly with the restaurant. The Dining Cashback Benefit: - may only be used once per restaurant per day - may be used for takeaways and deliveries from participating restaurants - may be used in conjunction with Uber Pass - is calculated using the restaurant's standard prices, - does not apply to desserts, toppings, sides, shareable platters, extras on burgers/pizzas, any "build your own" variant, etc. - may not be used in conjunction with any special offers, promotions, discount vouchers or other loyalty programmes - may not be used within 3 hours of a previous claim - may not be used at any restaurant at which you are employed All claims must be submitted via the First Loyalty App within one calendar week of the restaurant visit, and funds will only be deposited into a bank account in the member's name. All claims must include the uploaded picture of the original restaurant bill that displays 1) the restaurant's name, 2) the receipt number, and 3) the date and time of the visit. 4) all item orders, 5) at least two main meals and two drinks, and 6) the bill total. Credit card receipts shall not be accepted. While not a requirement for every claim, we reserve the right to request proof of payment for the bill. If you cannot produce satisfactory evidence of payment, we reserve the right to decline the claim. The cashback claim will be processed within four working days. Busy periods such as the Easter and Christmas holiday periods may require additional processing time. The cashback claim is processed by our benefit providers, not the restaurant, and all claim requests or queries must be referred to us directly. A maximum of two memberships may make a claim using the same single bill, provided each membership is under a different name, each membership has separately requested pre-authorisation, and each membership submits separate claims. In these circumstances: - The bill must include at least four main meals and four drinks. - The first claim received shall be calculated on the 2nd most expensive main meal up to a maximum of R 120.00 - The second claim received shall be calculated on the 4th most expensive main meal up to a maximum of R 120.00 DINING VOUCHERS The Dining Voucher Benefit uses Zapper to facilitate the discounts. To access it, you must download and install the Zapper app on a compatible smartphone. This Benefit entitles the member to buy one meal and get one free Dining Voucher. Where both meals differ in price, the discount is calculated as 50% of the total cost, up to a maximum discount of R120. You are required to spend a minimum of R300 to qualify for your discount. You must pay using the Zapper app to redeem the benefit voucher and enable your discount. Unless otherwise specified, voucher redemption may be used once per day per restaurant, and any unused redemptions may not be accumulated for that calendar month. The Dining Voucher benefit can only be redeemed at restaurants available under the Dining Voucher restaurant selector on the First Loyalty Plus app. The individual Dining Voucher partners reserve the right to determine whether the Dining Vouchers benefit may be used with other special offers, promotions, discount vouchers, or loyalty programs. COFFEE VOUCHER The Coffee Voucher Benefit uses Zapper to facilitate the discounts. To access it, you must download and install the Zapper app on a compatible smartphone. This Benefit entitles the member to buy one meal and get one free Coffee Voucher. Where both meals differ in price, the discount is calculated as 50% of the total cost, up to a maximum discount of R25. You are required to spend a minimum of R300 to qualify for your discount. You must pay using the Zapper app to redeem the benefit voucher and enable your discount. Unless otherwise specified, voucher redemption may be used once per day per restaurant, and any unused redemptions may not be accumulated for that calendar month. The Coffee Voucher benefit can only be redeemed at restaurants available under the Coffee Voucher restaurant selector on the First Loyalty Plus app. The individual Coffee Voucher partners reserve the right to determine whether the Coffee Vouchers benefit may be used with other special offers, promotions, discount vouchers, or loyalty programs. 2-4-1 MOVIES 2-4-1- Movies discount codes can be purchased via the First Loyalty Plus website. These discount codes provide a pre-determined discount on the retail price of movie tickets at Nu Metro, Ster-Kinekor and CineCentre theatres. You require a valid credit or debit card capable of performing online transactions to purchase a discount code. If your online purchase cannot be confirmed, please contact First Loyalty Plus on 0872 100 398 for assistance. You can purchase a maximum of two 2D movie discount codes and two 3D movie discount codes per calendar month. When purchased, the discount codes will be sent via SMS to your cellphone number, which you must then present at the respective theatre ticket stand to receive your tickets. This benefit does not include iMax, 4D, Prestige, Scene Xtreme, or Scene VIP movie tickets. The discount codes are valid for three years from the date of issue. They are non-refundable, have no cash value and may not be redeemed for cash. First Loyalty Plus and/or its suppliers cannot be held liable for discount codes shown as redeemed by Nu Metro, Ster-Kinekor or CineCentre before being supposedly utilised unless you have irrefutable proof that you did not redeem the code. First Loyalty Plus and/or its suppliers cannot be held liable for any loss or damages, whether direct, indirect or consequential, arising from using the discount codes. The following cinemas will no longer accept 2D or 3D movie discount codes: - Nu Metro Hyde Park - Nu Metro Parkview Centre - Nu Metro Bedford 2-4-1 COOL DRINK AND POPCORN 2-4-1- Cool Drink and Popcorn discount codes can be purchased via the First Loyalty Plus website. These discount codes provide a pre-determined discount on the retail price of Cooldrink and Popcorn at Nu Metro, Ster-Kinekor and CineCentre theatres. You require a valid credit or debit card capable of performing online transactions to purchase a discount code. If your online purchase cannot be confirmed, please contact First Loyalty Plus on 0872 100 398 for assistance. You can purchase a maximum of four Cool Drink and Popcorn discount codes per calendar month. When purchased, the discount codes will be sent via SMS to your cellphone number, which you must then present at the respective theatre ticket stand to receive your cold drinks and popcorn. The discount codes are valid for three years from the date of issue. They are non-refundable, have no cash value and may not be redeemed for cash. First Loyalty Plus and/or its suppliers cannot be held liable for discount codes shown as redeemed by Nu Metro, Ster-Kinekor or CineCentre before being supposedly utilised unless you have irrefutable proof that you did not redeem the code. First Loyalty Plus and/or its suppliers cannot be held liable for any loss or damages, whether direct, indirect or consequential, arising from using the discount codes. The following cinemas will no longer accept the Cooldrink and Popcorn discount codes: - Nu Metro Hyde Park - Nu Metro Parkview Centre - Nu Metro Bedford HOLIDAY VOUCHERS Any holiday vouchers purchased, included with any purchase, or awarded as a competition prize entitle the bearer to a specified number of nights in fully furnished and serviced accommodation for a specified number of guests at one of the specified resorts. These vouchers are for accommodation only, valid for 12 months from the date of issue, non-refundable, not transferable, have no cash value, may not be redeemed for cash, and cannot be replaced if lost or damaged. All reservations must be requested by phone or email. To redeem a holiday voucher, call 031 717 7622 or email [email protected] to request dates and resorts. Reservations for these vouchers may not be made during peak periods, school holidays, or public holidays. Upon confirming the accommodation, a confirmation certificate will be sent to you, which must be presented at the resort when checking in, together with your ID document. All accommodation is subject to the resort's occupancy rules with the understanding that in a - 2-Sleeper, Studio: accommodates all guests in an open-plan living area. - 4-Sleeper, 1-Bedroom Suite: Two guests are accommodated in a separate bedroom, and two guests may be accommodated in the living area on a sleeper couch. - 6-Sleeper, 2-bedroom Suite: four guests are accommodated in two separate bedrooms, and two guests are accommodated in the living area on a sleeper couch. Once the confirmation certificate has been issued, there can be no refunds or exchanges; however, it can be reissued in the name of another guest if you so desire. SPA VOUCHERS Spa vouchers purchased, included with purchases, or awarded as competition prizes can be enjoyed nationwide at any La Vita Spas. These vouchers are for spa treatments only, valid for 12 months from the date of issue, non-refundable, not transferable, have no cash value, may not be redeemed for cash, and cannot be replaced if lost or damaged. To claim your voucher, present it before treatment at any La Vita Spas. Unless expressly specified, all spa vouchers are limited to use by one person only. If a selected treatment costs more than the voucher's value, the difference can be made up with cash; however, no refund will be made if a selected treatment costs less than the voucher's value. ONLINE HOTEL, RESORT, CAR HIRE, CRUISE AND TOUR BOOKINGS When you book hotels, resorts, flights, car hire, cruises, and tours online using this website, you use us solely as an online booking portal. Through our online platform, these services are made available to you directly by third-party providers (such as hotel chains, airlines, car rental agencies, cruise lines, and tour operators and/or other service providers). We are not providing these services to you. Accordingly, we accept no liability for any loss, damage, injury, illness, harm, or death that you may suffer as a result of any act or omission on the part of or the failure of the third-party service provider to fulfil their obligations, whether concerning travel arrangements, accommodation, or otherwise. Each of the third-party service providers has unique terms and conditions, which we make available on the booking page. It is your responsibility to familiarise yourself with these terms and conditions prior to making a booking. When you book with these third-party service providers on our platform, you acknowledge and agree that they are solely responsible for providing you with the travel or service you booked. The third-party service provider shall provide you with "Contract". (The contract is generally a booking confirmation for hotel, resort and car hire booking, and a ticket for flights, cruises, and tours.) This contract shall constitute the sole agreement for this service between you and the third-party service provider and any right or recourse you may have, will be solely against the third-party service provider. WE ARE NOT A TRAVEL AGENT We are neither a travel agent nor do we provide travel agent-related services. It is entirely your responsibility to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to your home country, and that any vaccinations, inoculations, prophylactic (e.g., for malaria), and the like, where required, have been obtained. It is entirely your responsibility to check the relevant requirements for your destination and any transit countries before travelling. Accordingly, we accept no liability for any loss, damage, injury, illness, harm, or death that you may suffer as a result of your failure to comply with such requirements. Before booking any flight, it is essential to check if a transit visa will be required. As this differs between countries and what passport you hold, it is always best to check with the embassy of the transiting country. For example, if you hold a South African passport and are travelling on British Airways to Madrid via London, you may require a transit visa. We will endeavour to assist you if requested, but such assistance will be at our discretion (since this service does not fall within the scope of the services). You acknowledge that in doing so, we do not assume any obligation or liability and you indemnify us against any consequence of your failure to comply with such requirements. MODIFICATIONS TO PRODUCT, SERVICE AND PRICES Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue any product or service (or any part or content thereof) at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of any products or services. MODIFICATION OF TERMS OF SERVICE Any new features or tools added to the Website shall also be subject to this agreement. We reserve the right to modify this agreement from time to time. It is your responsibility to check this Agreement periodically for changes. Modifications may be reviewed by clicking the "Terms of Service" tab in the Website's footer. Any updated version of this agreement will supersede all previous versions. You accept this agreement as modified by continuing to use the service after we post any such modifications. You agree to take responsibility for being aware of the current Terms of Service. We reserve the right to modify, cancel, suspend or terminate the Program, the use of any supplier, the use of any service, and to change fees at any time, with or without notice to you. Your continued participation in the Program maintains acceptance of any such changes. We may run promotions from time to time that provide enhanced benefits to select members based on membership levels. Any additional terms, conditions, policies, and notices that form part of these promotions will be in effect for the duration of the promotion, and by engaging with these promotions, you accept these additional terms, conditions, policies, and notices. TERMINATION OF PROGRAM The Program has no predetermined termination date and may continue until we decide to terminate it. We may terminate the Program at any time. LEGAL JURISDICTION These Terms of Service shall be construed by and governed by the laws of the Republic of South Africa. All disputes which cannot be resolved between parties shall be adjudicated in the Pinetown Magisterial District of KwaZulu-Natal. All disputes which cannot be resolved between the parties shall be resolved individually without resorting to any form of class action. Should any portion of this agreement be held unlawful or unenforceable, then only that portion of this agreement shall be deemed deleted from this agreement, and all other remaining provisions shall remain in force. We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. WARRANTIES AND GUARANTEES We do not guarantee, represent or warrant that your use of our products and/or service will be uninterrupted, timely, secure or error-free. We make no guarantees, warranties or representations, expressed or implied, and expressly disclaim all liability (including consequential damages) concerning the type, quality, or fitness of products and/or services provided through the Website. Suppliers are independent contractors, and we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any supplier or for personal injuries, death, property damage, or other damages or expenses resulting from the purchase and/or use of any of their products or services. We, our affiliates, and our suppliers shall not be liable for any direct or indirect, punitive, incidental, special or consequential damages arising from, or connected with, the use of this Website or with the delay or inability to use this Website, or for any information etc. obtained through this Website. You expressly agree that your use of, or inability to use, the service is at your sole risk. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION We assume no responsibility for any verbal or written representation other than that contained in this agreement. We will do everything possible to provide accurate and up-to-date information on all products and services. However, we and our affiliates do not guarantee the accuracy of information and descriptions of products, hotels, resorts, airlines, cruises, cars or other products and/or services displayed on this Website (this includes, but is not limited to, hotel amenities listed, photographs, product descriptions, etc.), or any general information supplied by the respective suppliers. We will do everything we can to accurately display the colours and images of the products and services on the website. However, we cannot guarantee that your computer monitor's display of any colour will be accurate occasionally. Our affiliates and suppliers may make changes and/or improvements to the information on the Website (including but not limited to the description and price of products and services). The prices of products and services may also be subject to currency fluctuations, and there is no guarantee that a particular product or service will remain unchanged for any specific period. Occasionally, there may be information on the Website or in the products or services that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the products or service or on any related website is inaccurate at any time without prior notice (including after you have made your purchase). We undertake no obligation to update, amend or clarify any information on any products or services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the product or service or on any related website should be taken to indicate that all information in the product or service or related website has been modified or updated. We, our affiliates, and our suppliers do not guarantee the accuracy of hotel ratings; these are intended only as general guidelines. The offering for sale of any products and services by us and affiliates does not constitute an endorsement or recommendation of that product or service. OPTIONAL THIRD-PARTY TOOLS AND LINKS We may provide you access to third-party tools we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions and any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party suppliers provide tools. Certain content, products, and services available via our Website may include third-party materials. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example, competition entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or this agreement. You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted. PROHIBITED USES In addition to other prohibitions as set herein, you are prohibited from using the Website or its content; for any unlawful purposes; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your membership and/or use of the Website for violating any of the above-prohibited uses. COPYRIGHT AND TRADEMARKS The contents of this Website are the exclusive property of First Loyalty Plus and our partners and are used with the express permission of these copyright/trademark owners. Any exploitation of the Website and/or its contents, including, but not limited to, modifying, publishing, transmitting, creating derivative works, or participating in the transfer or sale, is expressly prohibited. Any downloading and/or saving of copyrighted material is for consumers' use only. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us. WAIVER Should we waive any breach by you of these Terms of Service, it shall not be deemed a waiver of any other prior or subsequent breach of this agreement. Our failure to insist upon strict compliance with these Terms of Service by any user or member shall not be deemed a waiver of any rights or remedies that the Website or Program may have against that or any other user or member. If we waive any rights under this agreement on one occasion, such waiver shall not operate as a waiver on any other occasion. ACCEPTANCE OF TERMS OF SERVICE By using the Website and/or enrolling in the Program, you agree that you have read, understood and accepted these Terms of Service, including our Privacy Policy; that you are eligible for Membership; that you will not use any of our products or services for any illegal or unauthorised purpose nor may you in the use of the Service, violated any laws in your jurisdiction (including but not limited to copyright laws); that you will not transmit any worms, viruses, or any code not explicitly authorised by a First Loyalty Plus on the Website; and that you consent to us processing and using your personal information, and disclosure of such information to third parties, by our Privacy Policy. Last updated 01 October 2019 CONTACT DETAILS Telephone: 0872 100 398 Email: [email protected] Physical Address: Block 3, Bishops Court, 8 Delamore Rd, Hillcrest, Durban, 3610.