Application of Definitions

Unless the context indicates otherwise, the capitalised terms defined in this Definitions Library apply throughout the Big Save Digital Governance Framework and shall bear the meanings assigned to them in this document unless a particular document expressly provides otherwise.

TIER 1 – CORE CORPORATE DEFINITIONS

“Applicable Laws” means all legislation, regulations, subordinate legislation, by-laws, industry codes, regulatory directives, practice notes, standards, common law principles, court orders and legally binding requirements applicable to the Big Save Group, the Big Save Ecosystem, any Product, Service, Transaction, Processing Activity or relationship governed by the Digital Governance Framework, as amended, consolidated, replaced or re-enacted from time to time.

“Big Save” means the applicable member of the Big Save Group which provides, sells, supplies, distributes, delivers, invoices, administers, operates or otherwise makes available the relevant Product, Service, Digital Channel, Programme, Transaction or business activity to which the applicable document relates, and includes its successors in title, permitted assigns and authorised representatives where the context requires.

“Big Save App” means any mobile application, software application, progressive web application or similar digital application operated by or on behalf of the Big Save Group through which Users, Customers or Members may access Products, Services or Digital Channels.

“Big Save Digital Governance Framework” means the integrated governance framework adopted by the Big Save Group comprising this Definitions Library together with the Digital Platform Terms and Conditions, Registered User Terms, Standard Terms and Conditions of Sale, Privacy Notice, Cookie Policy, Delivery, Returns and Refunds Policy, Loyalty and Rewards Programme Terms and Conditions, PAIA Manual and all related policies, notices, procedures, operational standards and other governance documents published by Big Save from time to time.

“Big Save Ecosystem” means the collective business, operational, retail, wholesale, digital, commercial and customer engagement environment operated by or on behalf of the Big Save Group, including Participating Stores, the Website, the Big Save App, Digital Channels, Registered User Accounts, Loyalty Accounts, Products, Services, Transactions, customer engagement platforms, marketing activities, competitions, promotions, Rewards, Retail Media activities, Data Analytics, Customer Insights, Data Products, electronic communications, payment systems, delivery channels, account facilities and any current or future products, services, technologies, systems, business initiatives or commercial activities operated by or for the benefit of the Big Save Group.

“Big Save Group” means Big Save Holdings Proprietary Limited together with all of its present and future subsidiaries, affiliated entities, associated companies, controlled entities, franchise operations, service companies, business divisions and any other entity operating under, supporting or forming part of the Big Save brand ecosystem from time to time.

“Business Day” means any day other than a Saturday, Sunday or official public holiday recognised in the Republic of South Africa.

“Consumer” means a person who qualifies as a consumer in terms of the Consumer Protection Act, 2008, or any successor legislation.

“Customer” means any natural person, juristic person, Registered User, Member, Consumer, account holder or other person who purchases, receives, acquires, orders, requests, uses or otherwise transacts in relation to any Product or Service provided by Big Save.

“Digital Channels” means the Website, Big Save App, customer portals, online platforms, electronic communication channels, social media platforms, messaging services, digital marketing platforms, electronic payment channels and any other digital interface utilised by or on behalf of the Big Save Group from time to time.

“Party / Parties” means any person or entity bound by or participating in a document forming part of the Big Save Digital Governance Framework, and ‘Parties’ bears the corresponding meaning.

“Participating Store” means any Big Save store, franchise, outlet, branch, distribution facility or other location designated by Big Save as participating in the relevant Product, Service, Programme, promotion or business activity.

“Person” means any natural person, juristic person, partnership, trust, association, company, close corporation, government authority or any other legal or commercial entity recognised in law.

“Product” means any goods, merchandise, inventory, item, article or other tangible product sold, supplied, distributed or otherwise made available by or on behalf of Big Save.

“Service” means any service, facility, benefit, functionality, programme, platform, digital capability, customer offering or other service made available by or on behalf of Big Save.

“Transaction” means any purchase, sale, supply, order, quotation, delivery, collection, refund, return, exchange, payment, account activity, loyalty activity, digital interaction or other commercial engagement between Big Save and a Customer.

“Transaction Document” means any quotation, Order, invoice, statement, credit application, account application, delivery note, proof of delivery, proof of collection, purchase order, receipt, confirmation, agreement or other document relating to a Transaction.

“User” means any Person who accesses, visits, browses or otherwise interacts with any part of the Big Save Ecosystem, whether or not that Person is a Registered User, Customer or Member.

“Website” means any website, webpage, microsite, portal or online platform operated by or on behalf of the Big Save Group under any domain name from time to time.

TIER 2 – DIGITAL PLATFORM & TECHNOLOGY DEFINITIONS

“Authentication” means any process, method or technology used by Big Save to verify the identity of a User, Registered User, Customer or Member before permitting access to a Product, Service, Registered User Account, Loyalty Account or other functionality within the Big Save Ecosystem.

“Clickwrap Acceptance” means the electronic acceptance of any agreement, policy, notice, consent, election or other document by selecting an acceptance mechanism, including clicking an “Accept”, “Agree”, “Continue”, “Register” or similar button or functionality, indicating agreement to the applicable terms.

“Digital Communication” means any communication transmitted electronically through the Big Save Ecosystem, including email, SMS, WhatsApp, in-App messaging, push notifications, electronic notices, web notifications or any other Digital Channel utilised by Big Save from time to time.

“Electronic Acceptance” means any lawful electronic method by which a User, Registered User, Customer or Member accepts, acknowledges, agrees to or confirms a document, transaction, instruction, consent, election or communication, including Clickwrap Acceptance, OTP Verification, electronic signatures or any similar authentication mechanism recognised by Applicable Laws.

“Electronic Signature” means an electronic signature, advanced electronic signature or any other electronic method of signature recognised under the Electronic Communications and Transactions Act, 2002, or any successor legislation.

“One-Time Pin” or “OTP” means a unique verification code generated for a limited period and used as an Authentication mechanism to verify the identity of a User or to authorise a Transaction, Electronic Acceptance or account-related activity.

“OTP Verification” means the successful validation of a One-Time Pin generated or accepted by Big Save as an Authentication mechanism for Electronic Acceptance, account verification, security verification or Transaction authorisation.

“Registered User” means a User who has successfully registered for and maintains a Registered User Account within the Big Save Ecosystem in accordance with the Registered User Terms.

“Registered User Account” means the electronic account established by Big Save for a Registered User to access Products, Services, Transactions, Digital Channels and other authorised functionality within the Big Save Ecosystem.

“System” means any software, hardware, platform, application, database, network, cloud environment, interface, infrastructure or technology solution owned, operated, licensed or utilised by or on behalf of the Big Save Group.

“Technology Provider” means any third party appointed by Big Save to develop, host, maintain, support, integrate or otherwise provide technology, software, infrastructure or digital services forming part of the Big Save Ecosystem.

TIER 3 – COMMERCIAL & TRANSACTION DEFINITIONS

“Account” means any customer, credit,  incidental credit, trading, Registered User, Loyalty or other account established or maintained by or on behalf of Big Save for the purposes of providing Products, Services or facilitating Transactions.

“Collection” means the collection of Products by or on behalf of a Customer from a Participating Store, designated collection point or other location approved by Big Save.

“Credit” means any credit, incidental credit, account adjustment, store credit, credit note or other value recognised by Big Save in favour of a Customer in accordance with the applicable terms and Applicable Laws.

“Delivery” means the supply, dispatch or delivery of Products to a Customer or any authorised recipient at a location agreed with or designated by Big Save.

“Order” means any request, instruction or offer submitted by a Customer to purchase or obtain Products or Services from Big Save through any authorised sales or Digital Channel, whether or not such Order has been accepted by Big Save.

“Payment” means any amount paid or payable to Big Save by a Customer in respect of a Product, Service or Transaction, using any payment method accepted by Big Save from time to time.

“Price” means the price payable for a Product or Service as determined by Big Save at the time the relevant Transaction is concluded, subject to Applicable Laws.

“Promotion” means any promotional campaign, incentive, discount, special offer, prize promotion, marketing initiative or similar activity conducted by or on behalf of Big Save from time to time.

“Proof of Delivery” means any physical or electronic record confirming that Products have been Delivered to or accepted by a Customer or an authorised recipient.

“Proof of Purchase” means any receipt, invoice, till slip, electronic confirmation, Transaction record or other evidence acceptable to Big Save confirming that a Product or Service was purchased.

“Refund” means the authorized repayment or reimbursement of all or part of a Payment made by a Customer, whether by reversal to the original payment method, EFT, store credit or any other lawful method determined by Big Save.

“Return” means the return of a Product to Big Save by a Customer for inspection, replacement, repair, exchange, Credit or Refund in accordance with Applicable Laws and the applicable Big Save policies.

“Sales Channel” means any Participating Store, Website, Big Save App, Digital Channel, call centre, authorised reseller or other channel through which Big Save offers or supplies Products or Services.

“Supplier” means any manufacturer, distributor, wholesaler, importer, producer, service provider or other third party supplying Products or Services to or through the Big Save Group.

“Voucher” means any paper, electronic or digital voucher, coupon, promotional code, gift voucher or similar instrument issued or recognised by Big Save that may be redeemed, subject to its applicable terms and conditions.

TIER 4 – PRIVACY, INFORMATION & DATA GOVERNANCE DEFINITIONS

“Aggregated Data” means information that has been combined or compiled from multiple sources or Data Subjects in such a manner that it does not identify, and cannot reasonably be used to identify, an individual Data Subject.

“Anonymised Data” means Personal Information that has been irreversibly de-identified so that a Data Subject cannot reasonably be identified directly or indirectly.

“Consent” means any voluntary, specific and informed expression of will by which a Data Subject agrees to the Processing of Personal Information in accordance with Applicable Laws.

“Cookies” means small text files, tags, pixels or similar technologies stored on or accessed through a User’s device to enable functionality, security, analytics, preferences or marketing activities.

“Customer Insights” means analytical observations, trends, statistics, behavioural patterns or commercial intelligence generated from Transaction Data, Loyalty Data or other lawfully Processed information that do not identify individual Data Subjects unless expressly authorised by Applicable Laws.

“Data Analytics” means the lawful collection, organisation, analysis, interpretation and reporting of information to identify trends, patterns, behaviours or commercial insights.

“Data Product” means any lawfully developed report, analytical output, dashboard, score, insight, statistical model, benchmarking product or other commercial information product created from lawfully Processed information.

“Data Subject” means the person to whom Personal Information relates, as contemplated in POPIA.

“Information Officer” means the person appointed by Big Save in terms of POPIA and PAIA to fulfil the responsibilities assigned under Applicable Laws.

“Loyalty Data” means information relating to a Member’s participation in the Loyalty Programme, including Rewards earned, redemption history, participation history, preferences and related Transaction Data.

“Operator” means a person or entity that Processes Personal Information for or on behalf of Big Save in terms of a written mandate or agreement, as contemplated in POPIA.

“Personal Information” means information relating to an identifiable, living natural person or, where applicable, an identifiable existing juristic person, as defined in POPIA.

“POPIA” means the Protection of Personal Information Act, 4 of 2013, together with all regulations, amendments and successor legislation.

“Processing” means any operation or activity concerning Personal Information, including collecting, receiving, recording, organising, storing, updating, using, distributing, sharing, combining, restricting, deleting or destroying such information, as contemplated in POPIA.

“Responsible Party” means the person or entity that determines the purpose of and means for Processing Personal Information, as contemplated in POPIA.

“Retail Media” means advertising, promotional or marketing opportunities offered by or through the Big Save Ecosystem using Digital Channels, Loyalty Programme functionality, Customer Insights or other lawful commercial platforms.

“Special Personal Information” means Personal Information classified as special personal information under POPIA and subject to additional statutory protection.

“Transaction Data” means information relating to a Customer’s purchases, Orders, Payments, Returns, Deliveries, Loyalty activity or other Transactions conducted within the Big Save Ecosystem.

TIER 5 – LOYALTY, REWARDS & MARKETING DEFINITIONS

“Campaign” means any organised marketing, promotional, customer engagement or commercial initiative conducted by or on behalf of Big Save for a specified purpose or period.

“Competition” means any promotional competition, prize draw, giveaway or similar promotional activity conducted by or on behalf of Big Save in accordance with Applicable Laws and the applicable Competition Rules.

“Competition Rules” means the specific terms and conditions published by Big Save governing a particular Competition.

“Loyalty Account” means the account maintained by or on behalf of Big Save in which a Member’s participation in the Loyalty Programme, including Rewards, qualifying Transactions and related activities, is recorded.

“Loyalty Programme” means any customer loyalty, rewards, membership or incentive programme operated by or on behalf of Big Save from time to time.

“Member” means a Customer who has successfully enrolled in the Loyalty Programme and whose membership remains active in accordance with the applicable Loyalty Programme Terms and Conditions.

“Partner Offer” means any offer, promotion, discount, Reward or benefit made available by a Programme Partner to eligible Members through the Big Save Ecosystem.

“Programme Partner” means any third party that participates in, supports or collaborates with the Loyalty Programme or another customer engagement initiative operated by Big Save.

“Reward” means any benefit, incentive, discount, voucher, cashback, promotional benefit, prize, offer or other value awarded or made available to a Member through the Loyalty Programme or any other Programme operated by Big Save.