BIG SAVE DIGITAL PLATFORM TERMS AND CONDITIONS

PART A – FOUNDATION

1. INTRODUCTION

1. Welcome to the Big Save Ecosystem. These Terms govern access to and use of the Website, Big Save App, Digital Channels, Registered User Accounts and other digital products, services, platforms, functionality and technologies made available by Big Save from time to time.
2. The Big Save Ecosystem is intended to provide customers, Registered Users and other authorised users with access to information, products, services, loyalty programmes, promotions, competitions, digital functionality, e-commerce services and other customer engagement opportunities.
3. These Terms establish the legal relationship between Big Save and Users of the Big Save Ecosystem and should be read together with the additional documents referred to in clause 4.
4. Big Save may expand, modify, replace or discontinue aspects of the Big Save Ecosystem from time to time in accordance with these Terms and Applicable Laws.
5. By accessing or using the Big Save Ecosystem, a User acknowledges that they have read, understood and agreed to be bound by these Terms.

2. IMPORTANT NOTICES

1. These Terms contain provisions that:
   1. may limit the risk or liability of Big Save or other persons;
   2. may create risk or liability for a User;
   3. may require a User to indemnify Big Save or other persons; and
   4. constitute acknowledgements, consents or assumptions of risk by a User.
2. Users are encouraged to read these Terms carefully and to obtain independent advice where necessary before using the Big Save Ecosystem.
3. To the extent required by the Consumer Protection Act, 2008, any provision that may have the effect contemplated in section 49 of the Consumer Protection Act is specifically drawn to the attention of Users.
4. Use of the Big Save Ecosystem may involve:
   1. electronic communications;
   2. online transactions;
   3. loyalty programme participation;
   4. digital services;
   5. the Processing of Personal Information; and
   6. additional terms, policies, notices and requirements incorporated into these Terms by reference.
5. Users should carefully review all documents referred to in clause 4 before accessing or using the Big Save Ecosystem.

3. ACCEPTANCE OF TERMS

1. A User accepts these Terms when such User:
   1. accesses or uses the Website;
   2. downloads, installs, accesses or uses the Big Save App;
   3. creates or uses a Registered User Account;
   4. participates in a loyalty programme, promotion, competition or digital service;
   5. purchases products or services through the Big Save Ecosystem;
   6. accepts these Terms through any electronic acceptance mechanism, clickwrap process, registration process or similar functionality; or
   7. otherwise accesses or uses any part of the Big Save Ecosystem.
2. Acceptance of these Terms constitutes a legally binding agreement between the User and Big Save.
3. If a User does not agree to these Terms, that User must immediately discontinue use of the Big Save Ecosystem.
4. Access to, registration for, participation in, purchase through, use of, or continued interaction with any component of the Big Save Ecosystem is conditional upon acceptance of the applicable terms, notices, policies and governance documents forming part of the Big Save Digital Governance Framework.
5. A User who does not accept the applicable terms may not register, transact, participate in programmes, redeem rewards, place orders or continue using the relevant component of the Big Save Ecosystem.
6. Big Save may maintain records of acceptance, registration, authentication, electronic communications, transactions and other activities relating to the use of the Big Save Ecosystem.
7. Subject to Applicable Laws, such records may constitute prima facie proof of the relevant activity unless proven otherwise.

4. RELATIONSHIP WITH OTHER DOCUMENTS

1. These Terms form the primary terms and conditions governing access to and use of the Big Save Ecosystem, including the Website, Big Save App, Digital Channels, Registered User Accounts and related digital products, services and functionality made available by Big Save from time to time.
2. Certain products, services, programmes, features, transactions or activities within the Big Save Ecosystem may be subject to additional terms, conditions, notices, policies, rules or requirements.
3. Such additional documents may include, without limitation:
   1. the Big Save Privacy Notice;
   2. the Big Save Cookie Policy;
   3. the Big Save Loyalty and Rewards Programme Terms and Conditions;
   4. the Big Save Standard Terms and Conditions of Sale;
   5. the Big Save Delivery and Returns Policies;
   6. Promotions Terms and Conditions;
   7. Competition Rules;
   8. Gift Card Terms and Conditions;
   9. Voucher Terms and Conditions;
   10. Big Save Registered User Terms;
   11. AI Service Terms;
   12. Marketplace Terms;
   13. Data Product Terms; and
   14. any other terms, conditions, notices, policies, schedules, rules or documents published by Big Save from time to time and expressly incorporated by reference into these Terms.
4. The documents referred to in clause 4.3 are incorporated into and form part of these Terms to the extent applicable to the relevant product, service, programme, transaction, activity or relationship.
5. By accessing, registering for, participating in, purchasing from or otherwise utilising a particular product, service, programme or feature within the Big Save Ecosystem, a User agrees to comply with any additional terms applicable to that product, service, programme or feature.
6. Where a specific product, service, programme, promotion, competition or feature is governed by separate terms and conditions, those terms shall apply together with these Terms.
7. In the event of any inconsistency between these Terms and a document referred to in clause 4.3, the following order of precedence shall apply:
   1. Applicable Laws;
   2. the specific terms governing the relevant product, service, programme, transaction or activity;
   3. these Terms; and
   4. any other document incorporated by reference.
8. Nothing in these Terms limits the operation of the Big Save Privacy Notice in relation to the Processing of Personal Information.
9. Nothing in these Terms limits the operation of the Big Save Loyalty and Rewards Programme Terms and Conditions in relation to participation in the Loyalty Programme.
10. Nothing in these Terms limits the operation of any Delivery and Returns Policy, Promotions Terms, Competition Rules, Gift Card Terms, Voucher Terms or similar document in relation to the matters specifically governed by such document.
11. Big Save may introduce new products, services, programmes, platforms, channels, technologies or business initiatives from time to time and may publish additional terms applicable thereto, which terms shall be incorporated into the Big Save digital governance framework upon publication.

5. DEFINITIONS, INTERPRETATION AND DIGITAL GOVERNANCE FRAMEWORK

1. Unless the context indicates otherwise, capitalised terms used in these Terms shall bear the meanings assigned to them in the Big Save Digital Governance Definitions Library, as amended from time to time.
2. Capitalised terms defined in a specific policy, programme, notice, service, feature or incorporated document shall bear the meanings assigned to them in that document when used in the context of that document.
3. To the extent that a capitalised term is defined both in these Terms and in another incorporated document, the meaning assigned in the relevant incorporated document shall apply for purposes of that document and the activities governed thereby.
4. These Terms form part of the broader Big Save Digital Governance Framework, which includes the documents referred to in clause 4 and such additional documents as Big Save may publish from time to time.
5. The Big Save Digital Governance Framework is intended to operate as an integrated governance, compliance, customer engagement, commerce, privacy, loyalty, technology and digital services framework across the Big Save Ecosystem.
6. In the event of any inconsistency between documents forming part of the Big Save Digital Governance Framework, the order of precedence referred to in clause 4 shall apply.
7. Unless the context indicates otherwise:
   1. words importing the singular include the plural and vice versa
   2. words importing one gender include the other genders;
   3. references to persons include natural persons, juristic persons, partnerships, trusts and other legal entities;
   4. references to legislation include amendments, replacements and re-enactments thereof;
   5. headings are included for convenience only and do not affect interpretation; and
   6. the words “including”, “include” and “such as” shall be interpreted without limitation.
8. References to the Website, Big Save App, Digital Channels, products, services, platforms, functionality or technologies include any upgrades, replacements, enhancements, successor platforms or future digital offerings introduced by Big Save from time to time.
9. References to the Big Save Group, the Big Save Ecosystem or any programme, platform, channel, service or initiative shall be interpreted in a manner that gives effect to the commercial purpose and integrated operation of the Big Save Digital Governance Framework.

6. ELIGIBILITY

1. A User may access and use the Big Save Ecosystem only if such User has the legal capacity and authority to enter into binding agreements under Applicable Laws.
2. Where a User accesses or uses the Big Save Ecosystem on behalf of a company, close corporation, partnership, trust, organisation or other legal entity, such User warrants that they have the necessary authority to bind that entity.
3. Certain products, services, programmes, functionality or features within the Big Save Ecosystem may be subject to additional eligibility requirements, age restrictions, verification requirements or regulatory requirements communicated by Big Save from time to time.
4. Big Save may refuse, suspend, restrict or terminate access to the Big Save Ecosystem or any part thereof where:
   1. a User does not meet applicable eligibility requirements;
   2. Big Save reasonably believes that the User is acting unlawfully, fraudulently or in breach of these Terms;
   3. such action is necessary to protect the integrity, security or operation of the Big Save Ecosystem; or
   4. such action is required by Applicable Laws.
5. Eligibility to participate in specific programmes, promotions, competitions, loyalty initiatives or digital services shall be governed by the terms applicable to those programmes, promotions, competitions, loyalty initiatives or digital services.

PART B – ACCOUNTS, SECURITY AND ELECTRONIC COMMUNICATIONS

7. REGISTERED USER ACCOUNTS

1. Certain products, services, functionality, programmes, transactions or features within the Big Save Ecosystem may require a User to register and create a Registered User Account.
2. A User may be required to provide information reasonably requested by Big Save during the registration process and to complete any verification, authentication or validation procedures required by Big Save from time to time.
3. A User warrants that all information provided during registration and thereafter shall be true, accurate, complete and not misleading.
4. A Registered User must promptly update any information that becomes inaccurate, incomplete or outdated.
5. Big Save may, in its discretion, accept, reject, suspend, restrict or terminate any application for a Registered User Account.
6. A Registered User Account is personal to the Registered User and may not be sold, transferred, assigned, sublicensed, shared or otherwise made available to any other person except where expressly authorised by Big Save.
7. A Registered User may only maintain such number and types of accounts as may be permitted by Big Save from time to time.
8. A Registered User Account may be linked to one or more products, services, programmes, loyalty initiatives, digital channels, payment methods, vouchers, rewards, promotions, communications preferences or other functionality within the Big Save Ecosystem.
9. Big Save may combine, consolidate, migrate, upgrade, replace or integrate Registered User Accounts, loyalty profiles, customer profiles or related functionality where reasonably necessary to improve customer experience, security, operational efficiency or service delivery.
10. Big Save may require additional verification, authentication or supporting information before permitting access to specific functionality, transactions, services, rewards, benefits or account features.
11. A Registered User remains responsible for all activities conducted through their Registered User Account unless and until Big Save has been properly notified of any unauthorised access or security compromise.
12. Big Save may maintain records relating to registrations, logins, authentications, transactions, account activity, communications, preferences, consents and other activities associated with a Registered User Account.
13. Subject to Applicable Laws, such records may constitute prima facie proof of the relevant activity unless proven otherwise.
14. The closure, suspension or termination of a Registered User Account shall not automatically affect the operation of other agreements, transactions, obligations, liabilities or rights existing between the Registered User and Big Save.

8. ACCOUNT SECURITY AND AUTHENTICATION

1. A Registered User is responsible for maintaining the confidentiality, security and integrity of all usernames, passwords, authentication credentials, access codes, verification methods, devices and other account security mechanisms associated with their Registered User Account.
2. A Registered User shall take reasonable steps to prevent unauthorised access to their Registered User Account and shall not disclose, share or permit the use of their authentication credentials by any unauthorised person.
3. Big Save may implement such authentication, verification, security, fraud prevention, monitoring and account protection measures as it considers reasonably necessary from time to time.
4. Such measures may include:
   1. password requirements;
   2. multi-factor authentication;
   3. one-time passwords;
   4. identity verification procedures;
   5. device verification;
   6. transaction verification;
   7. fraud detection systems; and
   8. other security measures implemented within the Big Save Ecosystem.
5. A Registered User must immediately notify Big Save if the Registered User:
   1. becomes aware of any actual or suspected unauthorised access to their Registered User Account;
   2. suspects that authentication credentials have been compromised;
   3. becomes aware of any fraudulent, suspicious or unauthorised activity relating to their Registered User Account; or
   4. experiences any security incident that may affect their Registered User Account.
6. Big Save may suspend, restrict, block, verify, investigate or otherwise take protective action in relation to a Registered User Account where Big Save reasonably suspects:
   1. fraud;
   2. unauthorised access;
   3. security risks;
   4. misuse of the Big Save Ecosystem;
   5. breaches of these Terms; or
   6. unlawful conduct.
7. Big Save may require additional authentication, verification, supporting information or identity confirmation before processing transactions, granting access to functionality, releasing Rewards, redeeming vouchers, modifying account information or performing other account-related activities.
8. Big Save shall not be liable for losses arising from unauthorised access to a Registered User Account where such access results from:
   1. the Registered User’s failure to protect authentication credentials;
   2. the Registered User’s failure to comply with these Terms;
   3. conduct attributable to the Registered User; or
   4. circumstances beyond Big Save’s reasonable control, except to the extent that such liability cannot lawfully be excluded.
9. Big Save may maintain records of authentication activity, security events, login activity, device information, verification activity and related security information for security, fraud prevention, governance, operational and legal purposes.
10. Subject to Applicable Laws, such records may constitute prima facie proof of the relevant activity unless proven otherwise.

9. ELECTRONIC COMMUNICATIONS

1. The Big Save Ecosystem operates primarily through electronic communications, digital channels and electronic records.
2. By accessing or using the Big Save Ecosystem, a User consents to receiving communications, notices, disclosures, records, statements, confirmations, updates and other information electronically to the extent permitted by Applicable Laws.
3. Big Save may communicate with a User through one or more of the following channels:
   1. email;
   2. SMS;
   3. push notifications;
   4. in-app notifications;
   5. Website notices;
   6. WhatsApp or similar messaging platforms;
   7. customer portals;
   8. Registered User Accounts; and
   9. any other communication channel made available within the Big Save Ecosystem from time to time.
4. A User is responsible for ensuring that contact information associated with the User’s account remains accurate, complete and up to date.
5. Big Save shall not be responsible for a User’s failure to receive communications due to:
   1. inaccurate or outdated contact information;
   2. spam filters or security settings;
   3. telecommunications failures;
   4. internet connectivity issues;
   5. device failures; or
   6. circumstances beyond Big Save’s reasonable control.
6. Electronic communications, notices, records, transactions, acceptances, consents, acknowledgements and instructions generated, transmitted, stored or maintained within the Big Save Ecosystem may be retained by Big Save for operational, governance, legal, evidentiary, security and compliance purposes.
7. Subject to Applicable Laws, electronic records maintained by Big Save may constitute prima facie proof of the relevant communication, transaction, acceptance, consent, acknowledgement, instruction or activity unless proven otherwise.
8. Where Applicable Laws require information to be provided in writing, electronically communicated information may satisfy such requirement to the extent permitted by Applicable Laws.
9. Nothing in this clause limits a User’s right to withdraw consent to receive marketing communications where such right exists under Applicable Laws, provided that Big Save may continue to send operational, transactional, legal, regulatory, security or service-related communications where permitted or required by Applicable Laws.
10. Big Save may utilise electronic acceptance mechanisms, clickwrap processes, electronic signatures, authentication tools, verification technologies and similar digital processes for purposes of contracting, consent management, customer onboarding, programme participation, transactions and other activities within the Big Save Ecosystem.
11. Electronic acceptance, authentication, acknowledgement or consent obtained through the Big Save Ecosystem shall have the same force and effect as a written signature to the extent permitted by Applicable Laws. Without limitation, acceptance of applicable terms may occur through:
    1. ticking an acceptance box;
    2. clicking “Accept”, “Continue”, “Register”, “Submit”, “Place Order” or similar buttons;
    3. creating or activating a Registered User Account;
    4. logging into a Registered User Account;
    5. enrolling in a Loyalty Programme;
    6. redeeming Rewards or Vouchers;
    7. placing an Order;
    8. completing a Transaction;
    9. continuing to use a service following notification of amended terms; or
    10. any other electronic action reasonably indicating acceptance of applicable terms.
12. Consents And Preferences
    1. A User may be requested from time to time to provide, update, manage or withdraw various consents, permissions, elections and preferences relating to the Big Save Ecosystem.
    2. Such consents, permissions, elections and preferences may include:
       1. marketing consents;
       2. loyalty programme participation consents;
       3. communication preferences;
       4. cookie preferences;
       5. profiling or personalisation preferences;
       6. data sharing permissions;
       7. participation in promotions, competitions or customer engagement initiatives; and
       8. any other consent, permission, election or preference made available through the Big Save Ecosystem from time to time.
    3. Big Save may maintain electronic records and audit trails relating to:
       1. consents granted;
       2. consents withdrawn;
       3. preference selections;
       4. preference changes;
       5. acceptance of notices, policies or terms; and
       6. related account activity.
    4. Subject to Applicable Laws, such records may constitute prima facie proof of the relevant consent, withdrawal, election, preference or related activity unless proven otherwise.
    5. The latest consent status, preference selection or election recorded by Big Save shall prevail unless proven otherwise.
    6. Nothing contained in this clause limits a User’s rights under Applicable Laws to withdraw consent, object to processing, amend preferences or exercise any other rights available under Applicable Laws.

PART C – USER USE, CONDUCT AND CONTENT

10. PERMITTED USE

1. Subject to these Terms and Applicable Laws, Big Save grants a User a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Big Save Ecosystem for its intended purposes.
2. A User may utilise the Big Save Ecosystem for purposes including:
   1. obtaining information regarding Big Save products, services, promotions, programmes and activities;
   2. participating in loyalty programmes, promotions, competitions and customer engagement initiatives;
   3. purchasing products or services;
   4. accessing Registered User Account functionality;
   5. utilising authorised digital services and functionality made available by Big Save; and
   6. other lawful purposes contemplated by the Big Save Ecosystem.
3. All rights not expressly granted to a User are reserved by Big Save.
4. A User shall utilise the Big Save Ecosystem in a responsible manner that does not compromise the rights, security, integrity, operation or reputation of Big Save, other Users or the Big Save Ecosystem.
5. The rights granted under this clause may be suspended, restricted or terminated by Big Save in accordance with these Terms and Applicable Laws.

11. PROHIBITED CONDUCT

1. A User may not:
   1. use the Big Save Ecosystem for any unlawful, fraudulent, misleading or improper purpose;
   2. violate any Applicable Laws or third-party rights;
   3. provide false, inaccurate or misleading information;
   4. interfere with, disrupt, damage or compromise the operation, security or integrity of the Big Save Ecosystem;
   5. attempt to gain unauthorised access to systems, accounts, networks, information, functionality or services;
   6. introduce malware, malicious code, viruses, bots, automated tools or other harmful technologies into the Big Save Ecosystem;
   7. engage in data scraping, automated harvesting, extraction, copying, monitoring, indexing or collection of information without Big Save’s prior written consent;
   8. reverse engineer, decompile, disassemble or attempt to derive source code from any part of the Big Save Ecosystem except to the extent permitted by Applicable Laws;
   9. misuse promotions, rewards, vouchers, coupons, loyalty benefits or digital services;
   10. impersonate another person or misrepresent identity, authority or affiliation;
   11. interfere with the use and enjoyment of the Big Save Ecosystem by other Users;
   12. use the Big Save Ecosystem in a manner that could damage the reputation, goodwill, systems, intellectual property or commercial interests of Big Save; or
   13. otherwise engage in conduct inconsistent with the intended operation of the Big Save Ecosystem.
2. Big Save may investigate suspected breaches of this clause and may take such action as it reasonably considers necessary to protect the Big Save Ecosystem, including suspension, restriction or termination of access, referral to law enforcement authorities or the exercise of any other rights available under these Terms or Applicable Laws.

12. USER CONTENT, REVIEWS AND FEEDBACK

1. A User may from time to time submit, upload, publish, communicate or otherwise provide reviews, ratings, comments, suggestions, feedback, ideas, survey responses, enquiries or other content through the Big Save Ecosystem (“User Content”).
2. A User warrants that any User Content submitted by the User:
   1. is accurate to the best of the User’s knowledge;
   2. does not violate Applicable Laws or these Terms;
   3. does not infringe the rights of any third party;
   4. is not defamatory, offensive, abusive, discriminatory, unlawful or misleading; and
   5. does not contain malicious code or harmful technologies.
3. Big Save may monitor, review, moderate, remove, restrict or refuse User Content at its discretion where reasonably necessary to protect the Big Save Ecosystem, Users, third parties or its legitimate interests.
4. Subject to Applicable Laws, a User grants Big Save a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, adapt, analyse, store and otherwise utilise User Content for operational, customer service, analytical, marketing, research, product improvement and related lawful business purposes.
5. Big Save shall not be obliged to compensate a User for User Content, suggestions, ideas, recommendations or feedback submitted to the Big Save Ecosystem.
6. Big Save may utilise feedback, suggestions, recommendations, ideas and similar submissions to improve existing products, services, programmes, technologies and functionality or to develop new products, services, programmes, technologies and functionality without restriction or obligation to the User.

PART D – DIGITAL SERVICES

13. WEBSITE SERVICES

1. The Website forms part of the Big Save Ecosystem and may provide Users with access to information, products, services, promotions, competitions, loyalty programmes, customer support functionality, e-commerce functionality and other digital services.
2. Big Save may modify, expand, restrict, suspend, replace or discontinue Website functionality from time to time.
3. Access to certain Website functionality may require registration, authentication, verification or acceptance of additional terms.
4. Use of the Website remains subject to these Terms and any additional terms incorporated by reference into these Terms.

14. MOBILE APPLICATION SERVICES

1. The Big Save App forms part of the Big Save Ecosystem and may provide Users with access to products, services, loyalty functionality, rewards, vouchers, promotions, communications, customer engagement features and other digital functionality.
2. Big Save may introduce, modify, upgrade, replace, suspend or discontinue App functionality from time to time.
3. Certain App functionality may require registration, authentication, device verification, acceptance of additional terms or compliance with additional requirements communicated by Big Save.
4. Use of the Big Save App remains subject to these Terms and any additional terms incorporated by reference into these Terms.

15. LOYALTY PROGRAMME INTEGRATION

1. The Big Save Loyalty and Rewards Programme forms part of the Big Save Ecosystem.
2. Participation in the Loyalty Programme shall be governed by the Big Save Loyalty and Rewards Programme Terms and Conditions.
3. Loyalty functionality may be integrated with Registered User Accounts, Digital Channels, the Website, the Big Save App, promotions, vouchers, rewards, competitions and other products, services and functionality within the Big Save Ecosystem.
4. Big Save may introduce, modify, replace, suspend or discontinue Loyalty Programme functionality, features, benefits or integrations in accordance with the applicable Loyalty Programme Terms and Conditions and Applicable Laws.

16. FUTURE SERVICES AND FUNCTIONALITY

1. Big Save may from time to time introduce new products, services, programmes, platforms, technologies, channels, functionality, customer engagement initiatives, digital offerings, artificial intelligence services, e-commerce services, marketplace services, data-driven services or other business initiatives within the Big Save Ecosystem.
2. Such products, services, programmes, platforms, technologies, channels or initiatives may be subject to additional terms, policies, notices, rules or requirements published by Big Save from time to time.
3. Where additional terms apply, such terms shall be incorporated into the Big Save Digital Governance Framework in accordance with clause 4.
4. Continued use of any new product, service, programme, platform, technology, channel or initiative after notice thereof shall constitute acceptance of the applicable terms to the extent permitted by Applicable Laws.
5. Nothing in these Terms obliges Big Save to maintain, continue, support or make available any specific product, service, programme, platform, technology, channel or functionality unless otherwise required by Applicable Laws or an express written agreement.

PART E – PRODUCTS, SERVICES AND TRANSACTIONS

17. PRODUCTS, SERVICES AND TRANSACTIONS

1. Big Save may make products, services, promotions, rewards, vouchers, digital offerings and other transactions available through the Big Save Ecosystem from time to time.
2. The availability, pricing, specifications, descriptions and features of products, services and transactions may change from time to time without prior notice, subject to Applicable Laws.
3. Certain products, services or transactions may be subject to additional terms, policies, eligibility requirements, operational requirements or regulatory requirements.
4. Products and services made available through the Big Save Ecosystem may be governed by the Big Save Standard Terms and Conditions of Sale and any other applicable document forming part of the Big Save Digital Governance Framework.
5. Nothing contained within the Big Save Ecosystem shall constitute a binding offer unless expressly stated otherwise. Orders, purchases and transactions shall be subject to acceptance by Big Save in accordance with Applicable Laws and any applicable transaction terms.

18. PRICING AND PAYMENT

1. Pricing information displayed within the Big Save Ecosystem is provided for convenience and may be subject to change from time to time in accordance with Applicable Laws.
2. Pricing, payment methods, payment processing requirements, billing procedures and transaction requirements may vary depending on the relevant product, service, programme, transaction channel or platform.
3. Big Save may utilise third-party payment service providers, payment gateways, banking institutions or payment processing services for purposes of facilitating transactions.
4. Transactions may be subject to verification, fraud prevention procedures, authentication requirements and other reasonable controls implemented by Big Save.
5. Further terms relating to pricing, payment, billing and credit arrangements may be contained in the Big Save Standard Terms and Conditions of Sale or other applicable transaction documents.

19. ORDERS AND TRANSACTIONS

1. The submission of an order, request, instruction, redemption, booking, reservation or transaction through the Big Save Ecosystem does not necessarily constitute acceptance by Big Save.
2. Big Save may accept, reject, cancel, suspend, verify or restrict a transaction where reasonably necessary to:
   1. comply with Applicable Laws or these Terms;
   2. address security concerns;
   3. investigate suspected fraud;
   4. address operational constraints;
   5. correct errors; or
   6. protect the integrity of the Big Save Ecosystem.
3. Big Save may maintain electronic records relating to transactions, orders, purchases, redemptions, communications and associated activities.
4. Subject to Applicable Laws, such records may constitute prima facie proof of the relevant transaction or activity unless proven otherwise.

20. AVAILABILITY

1. Product, service, promotion, reward, voucher and transaction availability may vary by location, channel, store, platform, stock levels, operational capacity and other factors.
2. Big Save does not guarantee the continuous availability of any particular product, service, reward, promotion, voucher or functionality.
3. Big Save reserves the right to discontinue, substitute, limit, suspend or withdraw products, services, promotions, rewards, vouchers or functionality from time to time, subject to Applicable Laws.

21. DELIVERY, RETURNS AND CUSTOMER RIGHTS

1. Delivery, collection, returns, exchanges, refunds, cancellations, defective goods, unsuitable goods and related customer rights may be governed by the Big Save Delivery and Returns Policy and the Big Save Standard Terms and Conditions of Sale.
2. Users are encouraged to review the applicable Delivery and Returns Policy before placing orders or entering into transactions through the Big Save Ecosystem.
3. Nothing contained in these Terms limits any rights afforded to consumers under Applicable Laws.
4. Where a conflict arises between these Terms and a consumer right expressly afforded by Applicable Laws, the Applicable Laws shall prevail.

PART F – INTELLECTUAL PROPERTY

22. BIG SAVE INTELLECTUAL PROPERTY

1. The Big Save Ecosystem and all content, materials, functionality, software, technology, systems, databases, designs, layouts, interfaces, trademarks, trade names, logos, branding, graphics, images, text, audio-visual materials, documentation, data compilations, customer engagement programmes, loyalty programme elements and other intellectual property made available through the Big Save Ecosystem are owned by, licensed to or lawfully used by Big Save or its licensors.
2. All intellectual property rights relating to the Big Save Ecosystem remain vested in Big Save, its affiliates, licensors or the relevant rights holders.
3. Nothing contained in these Terms transfers ownership of any intellectual property rights to a User.
4. Subject to these Terms, Big Save grants Users a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Big Save Ecosystem solely for its intended purposes.
5. A User may not copy, reproduce, distribute, modify, publish, adapt, create derivative works from, commercialise, exploit or otherwise utilise any intellectual property forming part of the Big Save Ecosystem except where expressly authorised by Big Save or permitted by Applicable Laws.
6. The Big Save name, logos, brands, programme names, promotional identifiers and other trade marks or branding appearing within the Big Save Ecosystem may not be used without Big Save’s prior written consent.
7. Any unauthorised use of intellectual property forming part of the Big Save Ecosystem may result in suspension of access, legal proceedings or any other remedies available to Big Save under Applicable Laws.

23. DATA, ANALYTICS AND DIGITAL ASSETS

1. The Big Save Ecosystem may generate, utilise or contain data, analytics, insights, reports, models, metrics, trends, aggregated information, anonymised information and other digital assets arising from the operation of the Big Save Ecosystem.
2. Subject to Applicable Laws and the Big Save Privacy Notice, all rights, title and interest in and to such data, analytics, insights, reports, models, metrics, trends, aggregated information, anonymised information and digital assets shall remain vested in Big Save or its licensors.
3. Nothing in these Terms grants a User any ownership rights in respect of such data, analytics, insights or digital assets.
4. Big Save may utilise such information for operational, governance, compliance, customer engagement, service improvement, research, analytical, commercial and other lawful business purposes.
5. This clause does not grant Big Save any ownership rights in Personal Information beyond those permitted by Applicable Laws.

24. USER CONTENT, FEEDBACK AND SUGGESTIONS

1. A User retains ownership of intellectual property rights that may subsist in User Content submitted by that User.
2. To the extent necessary for the operation of the Big Save Ecosystem, the User grants Big Save a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, store, reproduce, publish, display, analyse, adapt and otherwise utilise User Content for lawful business purposes associated with the operation of the Big Save Ecosystem.
3. Any feedback, suggestions, recommendations, ideas, proposals, enhancement requests or similar submissions provided by a User may be utilised by Big Save without compensation, restriction or further approval from the User.
4. Big Save shall be entitled to incorporate such feedback, suggestions, recommendations or ideas into existing or future products, services, programmes, technologies, functionality, systems or business initiatives.
5. A User warrants that the submission of User Content does not infringe the rights of any third party.

25. HOUSE BRANDS AND THIRD-PARTY BRANDS

1. Products, services and content made available through the Big Save Ecosystem may include both Big Save-owned brands and third-party brands.
2. All intellectual property rights relating to third-party brands remain vested in the relevant rights holders.
3. Nothing in these Terms grants any User rights to utilise, reproduce or exploit such brands except as expressly permitted by the relevant rights holder or Applicable Laws.

PART G – DATA, PRIVACY AND TECHNOLOGY

26. PRIVACY

1. Big Save recognises the importance of privacy, information governance and the lawful Processing of Personal Information.
2. The collection, use, disclosure, storage, retention, transfer and other Processing of Personal Information within the Big Save Ecosystem shall be governed by the Big Save Privacy Notice and Applicable Laws.
3. By accessing or using the Big Save Ecosystem, a User acknowledges that Personal Information may be Processed in accordance with the Big Save Privacy Notice.
4. Nothing contained in these Terms limits any rights or obligations established under Applicable Laws or the Big Save Privacy Notice.

27. COOKIES AND SIMILAR TECHNOLOGIES

1. The Big Save Ecosystem may utilise cookies, pixels, tags, software development kits, analytics tools and similar technologies.
2. Such technologies may be used for authentication, security, functionality, analytics, personalisation, customer experience enhancement, advertising and related purposes.
3. The use of cookies and similar technologies shall be governed by the Big Save Cookie Policy.
4. Users may manage cookie preferences through mechanisms made available by Big Save or their device and browser settings, subject to the limitations of such settings.

28. TECHNOLOGY, ANALYTICS AND AUTOMATED SERVICES

1. Big Save may utilise technology platforms, analytics tools, recommendation engines, artificial intelligence systems, machine learning tools, automation technologies and other digital solutions within the Big Save Ecosystem.
2. Such technologies may be utilised for operational efficiency, customer engagement, service delivery, fraud prevention, security, personalisation, analytics, product improvement and other lawful business purposes.
3. Certain products, services or functionality may involve automated decision-making, profiling, recommendations, personalised content, personalised offers or similar technology-assisted processes.
4. Further information regarding such activities may be contained in the Big Save Privacy Notice or other applicable documents forming part of the Big Save Digital Governance Framework.
5. Big Save may introduce additional technology-enabled services, artificial intelligence services or digital functionality from time to time in accordance with clause 16.

PART H – LIABILITY

29. AVAILABILITY AND TECHNICAL ISSUES

1. Big Save shall use reasonable efforts to maintain the availability, functionality, integrity and security of the Big Save Ecosystem.
2. The Big Save Ecosystem is provided on an “as available” and “as is” basis to the extent permitted by Applicable Laws.
3. Big Save does not warrant that the Big Save Ecosystem, or any part thereof, will be continuously available, uninterrupted, error-free, secure or free from defects.
4. The Big Save Ecosystem may be affected by maintenance, upgrades, repairs, security measures, system changes, operational requirements, telecommunications failures, internet failures, third-party service failures or circumstances beyond Big Save’s reasonable control.
5. Big Save may suspend, restrict, modify or discontinue any aspect of the Big Save Ecosystem where reasonably necessary for operational, legal, security, compliance or business purposes.
6. Big Save shall not be liable for losses arising from temporary interruptions, downtime, delays, technical failures or service disruptions except to the extent such liability cannot lawfully be excluded.

30. DISCLAIMERS

1. To the fullest extent permitted by Applicable Laws, the Big Save Ecosystem and all content, information, functionality, products, services, promotions, rewards, vouchers, communications and materials made available through the Big Save Ecosystem are provided without representations or warranties of any kind, whether express, implied or statutory.
2. Big Save does not warrant that:
   1. information provided through the Big Save Ecosystem will always be accurate, complete, current or error-free;
   2. products, services, promotions, rewards, vouchers or functionality will always be available;
   3. the Big Save Ecosystem will meet a User’s particular requirements or expectations; or
   4. the Big Save Ecosystem will be compatible with every device, operating system, browser, network or technology environment.
3. Products made available through the Big Save Ecosystem may include products manufactured, supplied, distributed or supported by third parties and Big Save shall not be responsible for warranties, representations or obligations assumed by such third parties except to the extent required by Applicable Laws.
4. Recommendations, personalised content, promotions, loyalty benefits, analytics, automated outputs, artificial intelligence services and similar functionality are provided for convenience and informational purposes and should not be relied upon as professional, financial, medical, legal or other specialist advice.
5. Nothing contained in this clause excludes any warranty, right or protection that cannot lawfully be excluded under Applicable Laws.

31. LIMITATION OF LIABILITY

1. To the fullest extent permitted by Applicable Laws, Big Save, its affiliates, directors, officers, employees, agents, contractors, licensors and service providers shall not be liable for any indirect, incidental, special, punitive or consequential loss or damage arising from or relating to:
   1. access to or use of the Big Save Ecosystem;
   2. inability to access or use the Big Save Ecosystem;
   3. service interruptions or technical failures;
   4. unauthorised access to systems or accounts;
   5. loss of data;
   6. reliance on information or content;
   7. products, services, rewards, promotions or vouchers;
   8. third-party services or platforms; or
   9. any other matter relating to the Big Save Ecosystem.
2. Without limiting clause 31.1, Big Save shall not be liable for loss of profits, loss of revenue, loss of opportunity, loss of goodwill, loss of anticipated savings or indirect economic loss.
3. Where liability cannot lawfully be excluded, Big Save’s liability shall be limited to the maximum extent permitted by Applicable Laws.
4. Nothing contained in these Terms excludes or limits liability where such exclusion or limitation is prohibited by Applicable Laws.

32. INDEMNITIES

1. A User indemnifies and holds harmless Big Save, its affiliates, directors, officers, employees, agents, contractors, licensors and service providers against any claims, losses, damages, liabilities, costs and expenses arising from:
   1. the User’s breach of these Terms;
   2. unlawful conduct by the User;
   3. misuse of the Big Save Ecosystem;
   4. infringement of third-party rights;
   5. User Content submitted by the User; or
   6. negligent, fraudulent or wrongful conduct by the User.
2. This indemnity applies to the fullest extent permitted by Applicable Laws.

33. FORCE MAJEURE

1. Big Save shall not be liable for any delay, interruption, failure or inability to perform obligations arising from circumstances beyond its reasonable control.
2. Such circumstances may include acts of God, natural disasters, pandemics, epidemics, civil unrest, labour disputes, governmental actions, cyber incidents, telecommunications failures, utility failures, internet failures, third-party service failures or other events beyond Big Save’s reasonable control.
3. Big Save may suspend, modify or discontinue affected services for the duration of the relevant event without liability, subject to Applicable Laws.

PART I – LEGAL

34. AMENDMENTS

1. Big Save may amend these Terms from time to time to reflect changes in Applicable Laws, technology, business operations, products, services, programmes, platforms, functionality, security requirements or other legitimate business requirements.
2. Updated versions of these Terms may be published through the Big Save Ecosystem and shall become effective upon publication or such later date as may be specified by Big Save.
3. Big Save may notify Users of material amendments through any communication channel contemplated in clause 9.
4. Continued access to or use of the Big Save Ecosystem after the effective date of an amendment shall constitute acceptance of the amended Terms to the extent permitted by Applicable Laws.
5. Where Applicable Laws require express acceptance of amended terms, Big Save may require Users to complete an electronic acceptance process before continuing to access specific functionality or services.

35. NOTICES

1. Any notice, demand, consent, approval, request, instruction or other communication required or permitted under these Terms may be provided electronically through the Big Save Ecosystem.
2. Big Save may deliver notices to a User through any communication channel contemplated in clause 9.
3. A User shall be deemed to have received a notice when it is:
   1. delivered to the User’s Registered User Account;
   2. sent to the User’s last known email address;
   3. transmitted through the Big Save App;
   4. published within the Big Save Ecosystem where appropriate; or
   5. otherwise communicated through a channel authorised by these Terms.
4. Users remain responsible for maintaining accurate and current contact information.

36. COMPLAINTS AND DISPUTE RESOLUTION

1. Big Save encourages the prompt resolution of complaints and disputes relating to the Big Save Ecosystem.
2. A User must first submit any complaint, concern or dispute to Big Save using the contact details published within the Big Save Ecosystem and allow Big Save a reasonable opportunity to investigate and resolve the matter.
3. Nothing contained in these Terms limits a User’s right to approach any regulator, ombud, tribunal, authority or body having jurisdiction under Applicable Laws.
4. Subject to clause 36.3, where a dispute cannot be resolved through direct engagement between the Parties within 30 (thirty) days after written notice of the dispute, the Parties shall attempt to resolve the dispute through mediation.
5. The mediation shall be conducted by a mediator agreed between the Parties or, failing agreement within 10 (ten) Business Days, appointed by the Arbitration Foundation of Southern Africa (“AFSA”).
6. If the dispute has not been resolved through mediation within 30 (thirty) days after appointment of the mediator, the dispute shall be finally resolved by arbitration administered by AFSA in accordance with its prevailing Commercial Arbitration Rules.
7. The arbitration shall:
   1. be conducted by one arbitrator appointed by AFSA;
   2. take place in Gauteng, South Africa;
   3. be conducted in English;
   4. be conducted as expeditiously and cost-effectively as reasonably possible; and
   5. be confidential.
8. The arbitrator shall be entitled to grant any relief that could have been granted by a court of competent jurisdiction.
9. Nothing in this clause prevents either Party from seeking urgent interim or interlocutory relief from a court of competent jurisdiction where such relief is reasonably necessary to protect rights pending the outcome of mediation or arbitration.
10. This clause shall survive the termination, suspension or expiry of these Terms.

37. GOVERNING LAW AND JURISDICTION

1. These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
2. Subject to clause 36 and any rights afforded under Applicable Laws, the Parties consent to the jurisdiction of the South African courts for purposes of:
   1. enforcing arbitration awards;
   2. obtaining urgent or interim relief;
   3. exercising review rights;
   4. enforcing regulatory obligations; or
   5. any matter not capable of resolution through arbitration.
3. Nothing contained in these Terms limits the jurisdiction of any regulator, tribunal, ombud or authority empowered under Applicable Laws.

38. GENERAL PROVISIONS

1. These Terms, together with the documents incorporated by reference, constitute the entire agreement between Big Save and a User relating to the Big Save Ecosystem.
2. No failure, delay or indulgence by Big Save in exercising any right shall constitute a waiver of that right.
3. If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
4. Big Save may assign, transfer, delegate or novate any rights or obligations arising from these Terms to any member of the Big Save Group or any successor entity.
5. A User may not assign, transfer, delegate or otherwise dispose of any rights or obligations arising under these Terms without Big Save’s prior written consent.
6. These Terms are drafted in English and any translated version is provided for convenience only. To the extent of any inconsistency, the English version shall prevail.
7. Nothing in these Terms creates a partnership, agency, joint venture, employment relationship or fiduciary relationship between Big Save and any User.

39. CONTACT INFORMATION

1. Users may contact Big Save regarding the Big Save Ecosystem using the contact details published on the Website, the Big Save App or through other official communication channels made available by Big Save from time to time.
2. Contact information relating to privacy matters, information requests, customer support, loyalty programmes, complaints and other enquiries may be published separately within the Big Save Ecosystem.
3. Big Save may update its contact information from time to time without requiring amendment of these Terms.
4. For the purposes of Section 43 of the ECT Act, Big Save information is as follows, full name: means collectively:
   1. Big Save Holdings (Pty) Ltd;
   2. Big Save Liquor Group (Pty) Ltd;
   3. Big Save Grocery Holdings (Pty) Ltd;
   4. New Beginnings MS (Pty) Ltd; and
   5. Big Save Distribution Centre (Pty) Ltd;
   6. all subsidiaries, affiliates and controlled entities forming part of the Big Save Group from time to time.
   7. together with any subsidiary, controlled entity, associated entity, franchisee, trading entity, division, branch, store, successor, assignee or affiliated entity operating under the Big Save brand from time to time.
   8. Main business: In-store and online retailer and reseller of products supplied by third-parties or housebrand preferred suppliers;
   9. Physical address for receipt of legal service: 313 Zasm Street, Waltloo, Pretoria (marked for attention: CEO);
   10. Phone number: 012 111 7778
   11. Email address: contactus@bigsave.co.za
   12. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act, 2000, available on the Big Save website.