These terms and conditions apply to your use of FreshStop Rewards. Please read these terms and conditions carefully.
All the provisions in these FreshStop Rewards terms and conditions are important, but please pay special attention to the parts that are inside a box with bold writing. These parts highlight and clarify terms and conditions that have special consequences for you as they may (i) limit our risk or liability; (ii) create risk or liability for you; (iii) require you to indemnify us; or (iv) require you to acknowledge certain facts. These parts are only intended to bring such terms and conditions to your attention, and to explain their fact, nature and effect. They are aids to understanding only and are not terms and conditions themselves. They do not limit the meaning or application of the terms and conditions and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.
In these terms and conditions, the following terms have the following meanings:
|Account||Your account on the FreshStop Rewards website with your personal details, information on earning Cash Rewards, your Cash Rewards balance, instant rewards, unspent Cash Rewards and your transaction history.|
|Earn activity||Any qualifying act or activity as contemplated in these terms and conditions, the completion of which entitles you to earn Cash Rewards.|
|Earn activity date||The date on which you complete any earn activity.|
|Being rewarded Cash Rewards for participating in FreshStop Rewards, and “earn” and “earned” have corresponding meanings.|
|Expiry date||The date from which you can no longer earn Cash Rewards or other rewards from FreshStop Rewards because the time within which you could use them has passed.|
|Force majeure||Events beyond FreshStop’s reasonable control that makes it impossible for FreshStop to deliver its obligations in terms of these terms and conditions e.g. war or natural disaster.|
|Means that your account is active and not suspended or terminated and you are not in breach of any of these terms and conditions and your obligations towards us.|
|Rewards in the form of Cash Rewards, competition entries or other types that may be offered to you instantly if the criteria set out in these terms and conditions or any rewards partner terms and conditions are met. Rewards partner terms and conditions will be available on the FreshStop Rewards website.|
|Any person who successfully registers an account, and “membership” has a corresponding meaning.|
|“FreshStop”, or “we”, “our” or “us”||Fruit & Veg City FreshStop (Pty) Ltd, registration number .|
|FreshStop product||Any product that is sold or provided by FreshStop and which qualifies as a product for earning Cash Rewards in terms of FreshStop Rewards, as set out in paragraph 6.|
|FreshStop product category||The product category into which FreshStop products are categorised in the product category rules of the FreshStop Rewards programme as set out in paragraph 5 below.|
|FreshStop’s rewards programme, on the terms set out in these terms and conditions.|
|FreshStop website||The website relating to FreshStop, which is accessible at the URL https://freshstop.co.za or such other URL as we may use for this purpose from time to time.|
|Personal information||Personal information as defined in the Protection of Personal
Information Act of 2013, whether or not it is yet in force, relating to you or any other person, that includes, but is not limited to
• full name
• date of birth
• marital status
• credit report information
• financial information including income bands
• educational level
• number of dependents
• ID document information (including type, number and country of issuance)
• any identifying number, such as your FreshStop Rewards membership number
• contact information (addresses including email and contact numbers)
• FreshStop product information (related to earn activity)
|Cash Rewards||The Cash Rewards that you earn in terms of FreshStop Rewards, as reflected in your account from time to time. FreshStop Rewards are not cash until you cash out by selecting the “Reward Me” button on the Cash page. Your selected value will be paid out directly into your selected bank account. Please allow for up to 4 working days when payment made between two different banks.|
|Rewards partners||The vendors, retailers, food outlets and other services providers as contemplated in paragraph 6 below where you can earn additional Cash Rewards.|
|Terms and conditions||These terms and conditions relating to FreshStop Rewards.|
The rewards programme known as FreshStop Rewards is owned and managed by FreshStop. Membership enables you to earn Cash Rewards, which can be cashed out into a preselected bank account in accordance with these terms and conditions. FreshStop Rewards is available for free to qualifying customers. However, downloading the FreshStop Rewards app will be subject to data charges as per the customer’s cellular and or internet service provider.
2. AGREEMENT TO THESE TERMS AND CONDITIONS
These terms and conditions are the rules that apply to your use of FreshStop
Rewards. You agree to these Terms by registering an account with us on the FreshStop Rewards app in accordance with paragraph 3 below. If you do not agree to these terms and conditions, you will not be permitted to register to hold an account with us.
These terms and conditions may be updated and amended by us at any time in our sole discretion. All changes to these terms and conditions will take effect from the time that we place them on the FreshStop Rewards app. We will tell you about material changes by putting a notice about it on the Freshstop website.
We also encourage you to review and check the terms and conditions (including any changes to the terms and conditions which we may make) whenever you wish to use FreshStop Rewards or any related service.
3. HOW TO BECOME A MEMBER
You have to register to become a member of FreshStop Rewards as set out below by opening an account and agreeing to and accepting these terms and conditions by means of the FreshStop Rewards app. You can only earn and use your Cash Rewards after that.
You can register by completing an electronic registration form which is available on the FreshStop Rewards app.
As part of the registration process, you will be required to create an account. You will do this by completing the above-mentioned electronic registration form which will include:
- creating a username and password;
- providing us with all the information we require, including but not limited to a valid email address and contact number; and
Once you have provided us with your registration details, we will confirm your registration by sending you a confirmatory email with a username.
All information you give us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that. Your registration can be rejected if you fail to properly complete the electronic registration process.
Membership is free, and you don’t need to have any FreshStop products to become a member.
You must be at least 18 years old to become a member of FreshStop Rewards.
1. YOUR ACCOUNT
After you complete the registration process described in paragraph 3 above, we will create your account.
As a member of FreshStop Rewards you will have an account where your Cash Rewards will be collected and recorded for you. Each member can have only one account.
You will need to use your username and password to access your account and to use FreshStop Rewards.
You must keep your username and password details secret. To the maximum extent permitted by law, you will be responsible for use of your account and your password whenever a person performs any act with your password or through your account and you agree that we may treat this as if it was done by you and with your approval, and you hereby indemnify FreshStop against any loss which you or any person may suffer from any such act or use.
You must take all reasonable and appropriate measures not to share, display in public, or make your password details available to any person who is not authorised to access your account.
You must notify us immediately by sending us an email at firstname.lastname@example.org if you suspect that another person has obtained unauthorised access to your account, or password, or if you are aware of any unauthorised use of your account or password. You will be responsible for changing your privacy settings on your account as soon as you become aware of any unauthorised access or use.
You accept that we cannot protect you if you do not keep your password secret or if someone obtains unauthorised access to your account.
This paragraph 4 has important legal consequences for you. In this paragraph you take on liability and risk, our risk and liability is limited, claims you may have against us are excluded, and you indemnify us from loss or claims suffered by you or any other person.
You are solely responsible for protecting your password and access to your account. You accept that various things can go wrong if someone uses your password or account without your permission. You will not be able to hold FreshStop liable if anyone uses your password to access your account without your permission. Please make sure you keep your password secret.
1. EARNING CASH REWARDS
1.1 GENERAL AND MANAGING DETAILS
As a member of FreshStop Rewards, you will be able to earn Cash Rewards, instant rewards, and/or qualify for discount offers in accordance with and as set out in these terms and conditions.
You earn Cash Rewards for completing earn activities such as reserving a product from the Fresh Deals page, buying the pre-selected products from a FreshStop and capturing your till slip within 72 hours of reserving the participating product. You can cash out these Cash Rewards when they are reflected in your account on the ‘Cash’ page of the app. Any cash out is subject to a transaction fee of R2.50. This will be subtracted from your Cash Reward balance, provided there is R2.50 additional to the requested amount.
You can keep track of your Cash Rewards balance and account activity by logging into your account and clicking on ‘Cash’.
You will be limited to submitting a maximum of three (3) till slips in a 24-hour period.
You must notify us in writing if any information you provided to us, including personal details, has changed or is incorrect or incomplete.
You will be able to edit your own details when you log into your account on the FreshStop Rewards app. You can also update your details by contacting our support agents as set out in paragraph 9. We will send you an email confirming any updates or changes that you make to your details.
We will use and rely on the most recent details which you have provided to us. It is your responsibility to update us if the details we have for you change or if they are incorrect or incomplete. If you do not update us, we will continue to use and rely on the most recent details that you have provided to us.
If you have a dispute relating to the transaction history or rewards value, please contact the Contact Centre or email us on email@example.com.
This paragraph 5.1 has important legal consequences for you. You are agreeing to take on liability and risk, limit our risk and liability and also claims you may have against us.
It is your responsibility to make sure that your details are always up to date. We will use these details as if they are correct and will not be responsible or liable if you do not update your details, or we do something using incorrect details that you have provided to us.
You may not be able to take action against us for any losses or damages which you may suffer as a result of your details not being up to date.
You are also solely responsible for letting us know if your Cash Rewards balance is incorrectly reflected in your account within 30 days of the Cash Rewards reflecting in your account. If you do not let us know that you dispute the Cash Rewards balance or that there is an error with your Cash Rewards, we will take the Cash Rewards balance as reflected in your account to be correct.
You may not be able to hold us liable for any incorrect Cash Rewards balances if you do not notify us of the mistake in time.
It is important to note that it may take up to three (3) calendar days for Cash Rewards earned on the earn activity date to reflect in your account, and before you can cash out those Cash Rewards. Please take this into account when reviewing your Cash Rewards balance.
The above paragraph has important legal consequences for you. You are agreeing to take on liability and risk, limit our risk and liability and also claims you may have against us. It may take up to three (3) days from the earn activity date for you to be able to use the relevant Cash Rewards you earned.
The amount of Cash Rewards allocated to any specific earn activity will be as specified in the app per participating product from time to time, and may change at any time as contemplated in paragraph 6.2. This will not however affect existing Cash Rewards which you have already accumulated.
We reserve the right to adjust benefits and the Cash Rewards allocated to any specific earn activity if applicable legislation impacts on the benefits FreshStop Rewards offers and requires such adjustment.
Your earned Cash Rewards will remain valid for a period of three (3) years from the earn activity date on which you earned such Cash Rewards. This means that if you do not use your Cash Rewards by the third anniversary of the relevant earn activity date, they will expire and you will not be able to use them anymore.
The above sub-paragraph has important legal consequences for you. You are agreeing to take on liability and risk to use your Cash Rewards within three years of earning them, and accept that if you do not do so, you will lose the Cash Rewards.
Cash Rewards are not transferable to another person for any reason, including divorce or inheritance.
We will make every reasonable effort to maintain and monitor your account, Cash Rewards balance, transactions and to ensure that information or content that we publish on the FreshStop Rewards app is accurate and complete. However, to the maximum extent permitted by law and subject to the rest of these terms:
- you agree that we will not be liable or responsible for, and
- you hereby release us and each member of FreshStop and our respective agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives from, and hereby indemnify each of us against, all claims in respect of;
any loss, liability or damage of whatsoever nature arising from or suffered in connection with the FreshStop Rewards programme, by you or any other person, or that is caused by any failure to award you Cash Rewards in accordance with these terms and conditions, for whatever reason, including as a result of a mistake, error, omission, interruption, deletion of files or email, defect, viruses, delay in operation or transmission, whether resulting or not from any force majeure or from theft, destruction or unauthorised access to our records, programmes or services.
The sub-paragraph above has important legal consequences for you. It limits our risk and liability, as well as that of FreshStop and other related persons, in relation to you, and you undertake to hold FreshStop and others harmless in the event that you have any claim in relation to FreshStop Rewards or to any failure to award Cash Rewards to you for any reason. We will always endeavour to maintain ongoing access, and prevent and correct disruptions and failures, including the Cash Rewards allocation processes on this website. If for any reason we make a mistake, there is a technical error, or any circumstances listed above arise which results in the incorrect Cash Rewards being allocated to you, you will not be able to pursue any action against us for any loss or damage suffered as a result of this or otherwise through your use of the FreshStop Rewards website. You also indemnify all of us for any claims which may be made by third parties.
2. EARN FROM OUR REWARDS PARTNERS
FreshStop may from time to time make arrangements with rewards partners to allow
FreshStop Rewards members to earn additional Cash Rewards, bonus Cash Rewards, instant rewards or discounts by taking part in certain activities at the partners. These will be on such terms as may be contemplated or specified on the FreshStop Rewards app from time to time.
Partners may also have their own terms and conditions for each offer and these will include how bonus Cash Rewards are earned, when they expire and where they can be earned.
Partners may have their own specific terms and conditions which could be different to our terms and conditions and are subject to change from time to time.
The specific partner’s terms and conditions will apply to any related purchase, product queries or refunds.
FreshStop Rewards will not provide you with Cash Rewards or cash back for any for any product returns.
Because FreshStop has no control over a reward partner’s business processes and practices, including the products or services they promote or sell, or the terms and conditions according to which they promote or sell their products or services, to the maximum extent permitted by law:
- FreshStop cannot guarantee that their products or services will suit your needs or will be satisfactory in all respects;
- neither FreshStop nor any other member of the FreshStop can be held liable for any claims, loss or liability caused by any reward partner or arising from their products or services or terms and conditions; and
- you hereby indemnify all of us and our respective agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives against all such claims, loss and liability.
FreshStop will do its best to make sure that all the information about the partner rules and regulations included in its terms and conditions are correct, however, we cannot guarantee the accuracy of the information, to the maximum extent permitted by law.
The sub-paragraphs above relating to our reward partners and their goods and services have important legal consequences for you. In these sub-paragraphs, you take on legal responsibility, liability and risk, our liability and risk is limited and any rights or claims you may have against us are also limited or excluded. It is your responsibility to make sure that you read, understand and agree to all partner terms and conditions before redeeming your Cash Rewards with the relevant partner. FreshStop is not party to the terms and conditions you agree to with the partner and cannot therefore be held liable for any undertakings or obligations under any reward partner terms and conditions. FreshStop is similarly not responsible for their products and services and any liability which may be caused by them. You also indemnify all of us for any claims which may be made by third parties.
3. SPENDING YOUR CASH REWARDS
You will be able to spend your FreshStop Rewards Cash Rewards by Cashing Out using the ‘Reward me’ button in the ‘Cash’ page on the app.
4. YOUR USE OF THE FRESHSTOP REWARDS APP
In utilising the Freshstop Rewards App you must not:
- Create a fake or fraudulent profile;
- Submit illegible till slips
- Submit till slips in respect of a transaction that you have not participated in;
- Provide your till slips to a another party to submit for their benefit;
- Use the App for, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the App;
- Use the App on behalf of or for the benefit of another party.
5. HOW TO CONTACT US IF YOU HAVE A QUESTION OR A COMPLAINT
Any complaints can be sent to us via the following channels:
On our website: … by completing the Contact Us form
Email address: … firstname.lastname@example.org
Care Centre: … 087 655 2055
6. PERSONAL INFORMATION THAT FRESHSTOP WILL COLLECT AND KEEP ABOUT YOU
Entry into the FreshStop Rewards programme is conditional on you providing certain personal information.
- communicating with you about FreshStop Rewards, your account, earn and spend transactions, purchases and other related services
- responding to your customer service enquiries and requests for information
- sending you personalised promotions and special offers
- informing you about our brands, products, events or other promotional purposes
- maintaining and improving our sites and the products and services we offer
- detecting, preventing, or investigating security breaches
- maintaining appropriate records for internal administrative purposes
- conducting surveys for our market research and analytics to refine our propositions to customers and how to improve FreshStop Rewards to best suit your needs
- collecting information from other participating affiliates of FreshStop for allocation of Cash Rewards earned through product-earn activities
- credit searches and/or verification
- fraud prevention and detection
- market research and statistical analysis
- audit and record-keeping purposes
- compliance with legal and regulatory requirements
- verifying your identity
- sharing information with service providers we engage to process such information on our behalf or who render services to us. These service providers may be located in another country. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
You have the right to access your personal information that we hold and may also request us to correct any errors or to delete this information. In certain cases, you have the right to object to the processing of your personal information.
FreshStop is committed to treating your personal information with great care and in terms of the laws of our country. To view our full privacy notice and to exercise your preferences, please visit our website https://freshstop.co.za.
You have the right to complain to the Information Regulator regarding the processing of your personal informations, whose contact details are:
Tel: 012 406 4818
Fax: 086 500 3351
If you have any questions about these Terms and Conditions or believe we have not adhered to them or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please contact us at the following numbers/addresses:
7. CAUTION REGARDING PHISHING AND SPOOFING
If you receive an unsolicited e-mail that appears to be from us and that requests you to provide personal information such as your bank account details, credit card number, identity number, password and any other sensitive information, or that asks you to verify or confirm your information you have registered on the FreshStop Rewards website by clicking on a link, it is most likely that the e-mail was sent by a ‘phisher’ or ‘spoofer’.
Do not respond to these e-mails and do not click on the links. Responding to phishing places you and your personal information at risk. To the maximum extent permitted by law, we cannot be held liable for any consequences resulting from your response to any email sent by a ‘phisher’ or a ‘spoofer’.
If you are unsure or have any doubts, please contact our Contact Centre to verify.
8. TAX IMPLICATIONS
We recommend that you obtain independent professional advice regarding any tax implications arising from the receipt, accumulation, spending of any rewards, benefits, discounts, vouchers or Cash Rewards.
To the maximum extent permitted by law, you are fully responsible for any tax implications arising from or associated with any rewards, benefits, discounts or Cash Rewards received, accumulated, transferred or spent due to you being a member of, or participating in, the FreshStop Rewards programme.
9. TERMINATION OF MEMBERSHIP
We reserve a right to suspend or terminate your account immediately, to remove or refuse to award Cash Rewards, or cancel rewards associated with your account at any time, and without providing reasons where we have reasonable belief that you have:
- Violated these terms and conditions.
- Attempted to violate, abuse or engage in any fraudulent transaction to earn Cash Rewards.
- Acted in a manner inconsistent with applicable laws and regulations in relation to the FreshStop Rewards Programme.
9.1 YOUR RIGHT TO TERMINATE MEMBERSHIP
You may cancel your membership at any time by:
Phone: FreshStop Rewards Contact Centre at 087 655 2055.
Email: Give a 30 calendar days’ notice in writing at: email@example.com or Mail: [postal details]
We may continue to communicate with you until we have received and processed your cancellation of membership.
We encourage you to use any earned Cash Rewards before cancelling or terminating your membership. Any Cash Rewards that you may have earned at that point, but not spent yet, will be cancelled.
9.2 YOUR MEMBERSHIP CEASES (STOPS) ON YOUR DEATH
Your membership will stop and your account will be closed when you die. Any Cash Rewards that you may have earned at that point, but not spent yet, will be cancelled. Your deceased estate will have no claim to any Cash Rewards that you may have earned at that point.
9.3 FRESHSTOP’S RIGHT TO CANCEL THE REWARDS PROGRAMME (OR PARTS THEREOF)
We reserve the right to cancel the FreshStop Rewards programme completely, or parts (aspects) of it, if legislation (the law) requires that we must cancel it or make changes to the terms and conditions, or if the Regulator under whose control FreshStop (or any company in the FreshStop) falls, instructs us to cancel the programme.
We may also cancel FreshStop Rewards if it is no longer, in our view, financially or practically viable to keep it in operation.
We will honour all Cash Rewards and vouchers earned by members up to that point, unless the law or the Regulator instructs us otherwise.
10. OUR ADDRESS FOR PURPOSES OF LEGAL NOTICES
In case we cannot settle a dispute with you, any legal notices must be sent to:
Fruit & Veg City FreshStop (PTY) LTD
PO Box 1823
11. GOVERNING LAW
These terms and conditions, your membership or transactions stemming from your membership of the programme will be governed by and construed in accordance with South African laws and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise in respect of these terms and conditions.
12. CONSUMER PROTECTION ACT
If these terms and conditions (or any contract governed by these terms and conditions) or FreshStop Rewards or any services associated with FreshStop Rewards are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), it is not intended that any provision of these terms and conditions contravene any provision of the Consumer Protection Act. Therefore, all provisions of these terms and conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
No provision of these terms and conditions (or any contract governed by these terms and conditions):
- does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- limits or excludes any warranties or obligations which are implied into these terms and conditions (or any contract governed by these terms and conditions) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.