Articles

Terms and Conditions

TERMS AND CONDITIONS

1. MODIFICATION AND SUSPENSION RIGHTS

1.1 MyBonus and the MyBonus partners, reserve the right to modify or suspend the MyBonus Programme or any aspect of it, with 30 days notice and/or to cancel the programme in its entirety with six months’ notice to active members.

1.2 Members with no programme activity within the preceding six months, will not receive any information concerning those modifications mentioned under 1.1 in the MyBonus programme. The right includes, but is not limited to:

1.2.1 Changes in the MyBonus points accumulation
1.2.2 Changes in the partner affiliated companies
1.2.3 Rules for use of myBonus programme awards
1.2.4 MyBonus points award levels
1.2.5 Capacity control for the use of MyBonus awards
1.2.6 Block-out periods
1.2.7 Features of promotional interest

1.3 MyBonus award certificates that are determined by MyBonus to have been bought, sold or bartered, will be cancelled and will not be honoured.

1.3.1 Such MyBonus awards may be confiscated and the MyBonus member will be liable for payment of such an award at full price.
1.3.2 Individuals selling or bartering MyBonus awards may be liable for damages and legal costs. Their participation in the myBonus programme may be terminated at the sole discretion of MyBonus.

2. ELIGIBILITY, DISQUALIFICATION AND SUSPENSION OF MEMBERS

2.1 The MyBonus Programme operates in Southern Africa.

2.2 Your MyBonus account will be established under your name or business name, but only you personally may accrue MyBonus points in this account.

2.3 MyBonus points earned may not be transferred from one MyBonus participant to another or between accounts, nor may you earn MyBonus points from more than one customer loyalty programme for the same purchase.

2.4 Name and address changes must be submitted to the MyBonus Service Centre in writing. Such notifications must be signed and dated, and include your MyBonus membership number.

2.5 MyBonus participation is subject to all applicable laws.

2.6 MyBonus reserves the right to disqualify persons from further participation in the MyBonus Programme, to cancel all previously accumulated MyBonus points and to seek compensation for Awards utilised, if in MyBonus’ sole judgement, such person having violated any of the rules governing this programme. This includes the fraudulent acquisition of MyBonus points or Programme Awards or abuse of the MyBonus Award benefits.

3. MYBONUS POINTS CREDIT

3.1 You will receive a MyBonus points summary reflecting the points you have accrued quarterly, provided your account shows activity during this period.

3.2 MyBonus points awarded to a member, remains the property of that member and do not expire.

3.2.1 MyBonus reserves the right to impose an administration fee on dormant accounts, (where no transactions have taken place for more than twelve months)  
3.2.2 The administration fee will be recovered in the form of points imposed against the member’s account.

3.3 The estimated time for MyBonus points to be credited to your account is 30 days from the day of your purchase from an MyBonus partner.

3.4 In the event that points for your activity are not reflected in your MyBonus summary, please send a letter and the invoice to the MyBonus Service Centre, asking for your respective credit. If you forget to request points for your purchases, write to the MyBonus Service Centre within 120 days of the activity, including the original invoice. Any activity prior to the 120 days cut-off period will not be considered for credit.

3.5 The Mybonus member agrees, through acceptance of the terms and conditions, that purchasing transactions at a participating MyBonus partner can be dispatched electronically by the MyBonus partner to the MyBonus Service C

entre.  The MyBonus Service Centre will allocate point awards received in this manner to the involved members’ MyBonus Account.

4. MYBONUS AWARDS

4.1 Award request forms are available on request. Use this form when requesting an award.

4.2 MyBonus is the sole authority with respect to the redemption of an MyBonus Award and/or issuance of a MyBonus Award.

4.3 MyBonus Awards are not redeemable for cash.

4.4 To request an award you must have enough MyBonus points in your account. The awards must be requested in accordance with the current published list of MyBonus Awards.

5. MYBONUS AWARDS

5.1 You may request an award for yourself or any person you designate, but the award may not be sold, bought or bartered.

5.2 For security purposes, all MyBonus awards will be mailed directly to the MyBonus member at the address shown in our membership files or it may be collected in person by the member.

6. MYBONUS AWARDS DELIVERY TIME

6.1 Allow at least three to four weeks for delivery. Request for awards delivery within three weeks by normal mail is at your own risk.

6.2 If the MyBonus Award is to be collected from the MyBonus Service Centre, or if a courier is used, a minimum of five working days is needed to process the request.

7. RE-DEPOSIT OF AWARDS

7.1 Once an Award has been issued, it is non-transferable. However, awards may be re-deposited in your account under the following conditions:

7.1.1 All awards must be returned within 30 days after delivery, unused, to the MyBonus Service Centre.

7.1.2 Your request must be in writing and five percent of the awards point value will be deducted before the award points will be re-deposited into your account to cover the administration costs.

8. WITHDRAWING MYBONUS POINTS FOR AWARDS

When the MyBonus Awards department receives a request to issue an award, the balance in your MyBonus account will be reduced by the corresponding points of the award as published.

9. POSTAL RESPONSIBILITY

MyBonus cannot be held responsible for postal delays or for any items lost or damaged in the mail.

10. MYBONUS PROGRAMME PARTICIPANTS

MyBonus has contractual arrangements with participants in the MyBonus programme. It is, however, at all times at the entire discretion of MyBonus whether and in what manner it enforces any of its rights in terms of those contractual arrangements, which may at any time be changed by agreement between MyBonus and the participant.

It is acknowledged that you shall have no claims against MyBonus if a participant in any manner breaches its contractual obligations with MyBonus or refuses to grant you any points, other benefits or awards.

MyBonus will only credit points or furnish benefits or awards if a participant in the programme acknowledges that such points, benefits or awards is due and furthermore pays to MyBonus any amount which may be due to MyBonus for such points, benefits or awards.

11. COMMUNICATION WITH MYBONUS MEMBERS

The MyBonus member agrees that MyBonus information regarding the loyalty programme, promotions, and other related information can be sent to the member in the following ways:

- Telephonic,

- Per sms,

- Posted electronically, and

- Ordinary post.

12. CONDITIONS FOR THE USE OF AWARDS

MyBonus cannot be held responsible for the failure of MyBonus partners to provide services and products as indicated.

13. CONFLICTS AND AMBIGUITIES

Should there be conflict between these terms and any other terms, rules or regulations of the MyBonus programme or any awards thereunder or if there is any ambiguity, inconsistency or omission, such conflict, ambiguity, inconsistency or omission shall be referred to the MyBonus board of Directors, whose decision on any matter referred to him shall be final and binding.

14. EXECUTION OF LIABILITY

MyBonus cannot be held responsible for any indirect, consequential or special damage in issuing an award, howsoever caused and whether arising from any act or omission of the MyBonus or any third party for whom MyBonus be held vicariously liable and whether arising in contract or not.

15. CANCELLATION

The MyBonus member has, without prejudice to rights, the right to cancel membership at any time, by sending a written notice to the MyBonus Service Centre. 

16. SUMMATION OF LIABILITY

Any claim you or the holder of any award certificate may have against MyBonus, may only be brought in the Magistrate Court of South Africa (Gauteng Provincial Division) to the jurisdiction of which you consent such claim, and shall be the lesser of the actual loss suffered or R500.

17. LEGAL CLAUSES

17.1 No variation, relaxation, waiver of, addition to, deletion from or consensual cancellation of this agreement or any of the terms thereof (including this clause) shall be of any force or effect unless reduced to writing and signed by both parties.

17.1.1 This agreement constitutes the whole of the agreement between the parties.

17.1.2 There are no conditions in operation which may terminate the liability of any of the parties.

17.1.3 No warranties, promises, representations or inducements of whatsoever nature have been made or given by MyBonus to enter into this agreement or bind the loyalty party to the terms hereof.

17.1.4 It is agreed that each paragraph, each clause and each sub-clause of this agreement is severable, the one from the other.

17.1.5 If any paragraph, clause or sub-clause is found to be defective or unenforceable for any reason by any competent Court, the remaining clauses, sureties, paragraphs and subparagraphs shall be and shall continue to be of full force and effect.

17.1.6 In such event, the parties agree to meet and review the matter and if any valid and enforceable means is reasonably available to achieve the same object as the invalid provision, to adopt such means by way of variation of this agreement.

17.2 The Loyalty Partner shall pay interest on any unpaid amounts due in terms of this agreement. Such interest shall be calculated at the prime rate charged on an unsecured overdraft by Absa Bank and shall be paid monthly in arrears. Interest shall be capitalised on the last day of each and every month. A certificate by the Manager of the Accounts of this bank aforesaid (whose appointment shall not require proof) shall be proof of the rate of interest to be paid by the loyalty partner in terms thereof.

17.3 The parties undertake at all times to do all such things, to perform all acts and to take all such steps as may be open to them and necessary for and incidental to the putting into effect or maintenance of the terms, conditions and import of this agreement.

18. ACCEPTANCE OF TERMS AND CONDITIONS

By registering with the MyBonus programme, you accept all terms and conditions of this agreement.