TERMS AND CONDITIONS

1. INTRODUCTION AND PROGRAMME OVERVIEW

1. The Big Save Loyalty and Rewards Programme (“Programme”) is a customer loyalty and rewards programme operated by Big Save for eligible Customers who choose to participate in the Programme.
2. The Programme is designed to provide Members with access to Rewards, discounts, promotions, competitions, cashback initiatives, partner benefits and other incentives that may be made available by Big Save from time to time.
3. The Programme forms part of the broader Big Save Ecosystem and may be made available through Participating Stores, the Website, the Big Save App, Digital Channels and other channels designated by Big Save from time to time.
4. Participation in the Programme is voluntary and subject to these Terms.
5. A Customer accepts these Terms when they:
   1. register for the Programme;
   2. activate or use a Loyalty Account, Loyalty Card or digital credential;
   3. earn, accumulate, redeem or attempt to redeem Rewards; or
   4. otherwise participate in the Programme.
6. Acceptance of these Terms constitutes a legally binding agreement between the Member and Big Save in relation to the Programme.
7. If a Customer does not agree to these Terms, such Customer may not participate in the Programme.
8. The availability, nature, value and eligibility requirements of any Reward, benefit, promotion, competition or Programme feature may vary from time to time.
9. Nothing in these Terms obliges Big Save to provide any specific Reward, benefit, promotion, competition or Programme feature unless expressly stated by Big Save.

2. IMPORTANT NOTICES

1. These Terms contain provisions that:
   1. may limit the risk or liability of Big Save;
   2. may create risk or liability for a Member;
   3. may require a Member to indemnify Big Save; and
   4. may constitute acknowledgements by a Member of certain facts.
2. Members are encouraged to read these Terms carefully and to obtain independent advice where necessary before participating in the Programme.
3. To the extent required by the Consumer Protection Act, 2008, any provisions that may have the effect contemplated in section 49 of the Consumer Protection Act are specifically drawn to the attention of Members.

3. RELATIONSHIP WITH OTHER BIG SAVE POLICIES

1. These Terms must be read together with the following documents, each of which is incorporated into these Terms by reference:
   1. the Big Save Privacy Notice;
   2. the Big Save PAIA Manual;
   3. the Big Save Standard Terms and Conditions of Sale;
   4. the Big Save Registered User Terms;
   5. the Big Save Cookie Policy;
   6. any Promotional Offer terms;
   7. any Competition Rules;
   8. any Transaction Document;
   9. the Big Save Digital Platform Terms and Conditions;
   10. any Participating Store-specific terms; 
   11. any other policy, notice or document expressly incorporated by reference into these Terms; and
   12. any Promotion Terms, Campaign Terms, Partner Offer Terms or similar Programme-specific terms published by Big Save from time to time.
2. Where a specific Promotion, Campaign, Competition, Partner Offer or other Programme initiative contains terms that conflict with these Terms, the specific terms applicable to that Promotion, Campaign, Competition, Partner Offer or Programme initiative shall prevail to the extent of the conflict.
3. Where any conflict arises between these Terms and Applicable Laws, the Applicable Laws shall prevail.
4. Copies of the documents referred to in this clause may be made available through the Website, Big Save App or such other channels as Big Save may determine from time to time.

4. DEFINITIONS AND INTERPRETATION

1. Unless the context indicates otherwise, capitalised words and expressions 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. The Big Save Digital Governance Definitions Library is incorporated into and forms part of these Terms as if specifically set out herein.
3. Where a term is defined both in the Big Save Digital Governance Definitions Library and elsewhere in these Terms, the definition contained in these Terms shall prevail solely for purposes of the relevant clause or provision in which it appears.

5. MEMBERSHIP, REGISTRATION AND LOYALTY ACCOUNTS

1. Eligibility
   1. Participation in the Programme is available to eligible Customers who satisfy the requirements set out in these Terms.
   2. A person must be at least eighteen (18) years of age to independently register for and participate in the Programme.
   3. The Programme is intended for individual consumer participation and, unless otherwise approved by Big Save in writing, juristic persons and other non-natural persons may not register as Members.
2. Registration
   1. Participation in the Programme requires successful registration through a channel designated by Big Save from time to time.
   2. A Customer must provide accurate, complete and current information reasonably required by Big Save for Programme administration.
   3. Big Save may verify information provided during registration and may require additional information or supporting documentation where reasonably necessary to verify identity, eligibility, prevent fraud or comply with Applicable Laws.
   4. A Customer becomes a Member only once registration has been successfully completed and accepted by Big Save.
3. Members must:
   1. maintain accurate and up-to-date information;
   2. comply with these Terms and Applicable Laws; and
   3. cooperate with reasonable verification requirements imposed by Big Save.
4. Unless expressly stated otherwise by Big Save, membership of the Programme is free of charge.
5. Loyalty Accounts
   1. Upon successful registration, Big Save may establish a Loyalty Account in the name of the Member.
   2. A Loyalty Account is personal to the Member and may not be sold, transferred, assigned or otherwise disposed of without the prior written consent of Big Save.
   3. Unless otherwise authorised by Big Save, a Member may maintain only one Loyalty Account.
   4. Big Save may investigate, consolidate, suspend or terminate duplicate accounts where reasonably necessary to protect the integrity of the Programme.
6. Loyalty Credentials
   1. Big Save may issue, allocate, activate or otherwise make available a Loyalty Card, membership number, digital credential, QR code, barcode, token, virtual card or other identifier (“Loyalty Credential”) to facilitate participation in the Programme.
   2. A Loyalty Credential may be linked to a Member’s Loyalty Account and used to identify the Member when participating in the Programme.
   3. Any Loyalty Credential remains the property of Big Save and may be replaced, suspended, deactivated or withdrawn in accordance with these Terms.
   4. A Loyalty Account may be linked to one or more Loyalty Credentials, provided that such Loyalty Credentials do not create separate Loyalty Accounts.
   5. Members may be required to present, activate, scan, validate or otherwise use the applicable Loyalty Credential in accordance with Programme requirements in order to earn, redeem or access Rewards and Programme benefits.
   6. Big Save may introduce new forms of identification, authentication, validation or participation technology from time to time without requiring amendment of these Terms where such technology serves substantially the same purpose as an existing Loyalty Credential.
7. Account Security and Credential Management
   1. Members are responsible for maintaining the confidentiality and security of any Loyalty Credential, password, PIN, verification code, authentication credential or other security mechanism associated with their Loyalty Account.
   2. Members must take reasonable precautions to prevent unauthorised access to their Loyalty Account or Loyalty Credentials.
   3. Members must notify Big Save as soon as reasonably possible if:
      1. a Loyalty Credential is lost, stolen, damaged or compromised;
      2. unauthorised access is suspected;
      3. account credentials have been compromised; or
      4. any fraudulent or suspicious activity is suspected.
   4. Big Save may suspend, deactivate, replace, reissue or restrict a Loyalty Credential or Loyalty Account where fraud, misuse, security concerns or unauthorised access is reasonably suspected.
   5. Big Save may require reasonable verification before replacing, reissuing, reactivating or updating a Loyalty Credential or Loyalty Account.
   6. Subject to Applicable Laws, Big Save shall not be responsible for losses arising from unauthorised use of a Loyalty Account or Loyalty Credential where such use results from the Member’s failure to safeguard their credentials or comply with these Terms.
8. Account Closure
   1. A Member may request closure of a Loyalty Account at any time through the channels designated by Big Save.
   2. Closure of a Loyalty Account may result in the forfeiture of Rewards and Programme benefits, subject to Applicable Laws and these Terms.
   3. Closure of a Loyalty Account shall not affect any rights or obligations accrued before the effective date of closure.
9. Member Responsibilities and Programme Integrity
   1. Members must:
      1. participate in the Programme in a lawful, honest and responsible manner;
      2. provide accurate and up-to-date information;
      3. comply with these Terms, applicable Programme rules and Applicable Laws;
      4. use Rewards, benefits and Programme features only for their intended purpose; and
      5. cooperate with reasonable requests for information, verification or assistance relating to the administration, security or integrity of the Programme.
10. Prohibited Conduct
    1. A Member may not:
       1. engage in fraud, deception, misrepresentation or unlawful conduct;
       2. provide false or misleading information;
       3. misuse a Loyalty Account, Loyalty Credential, Reward or Programme benefit;
       4. manipulate, abuse or interfere with the operation of the Programme;
       5. attempt to obtain Rewards or benefits to which the Member is not entitled;
       6. exploit system errors, vulnerabilities or operational weaknesses;
       7. gain or attempt to gain unauthorised access to Programme systems or information; or
       8. otherwise engage in conduct that compromises the integrity, security or proper operation of the Programme.
11. Investigations and Enforcement
    1. Big Save may investigate any activity reasonably believed to involve fraud, abuse, misuse, security concerns, breaches of these Terms or unlawful conduct.
    2. Members shall cooperate with reasonable requests for information, verification or clarification relating to any investigation.
    3. During an investigation, Big Save may suspend Rewards, restrict account functionality, delay redemptions, place temporary holds on Loyalty Accounts or implement other reasonable protective measures.
    4. Where fraud, abuse, misuse or a breach of these Terms is established, Big Save may cancel or recover Rewards, restrict Programme participation, suspend or terminate a Loyalty Account and exercise any other rights available under these Terms or Applicable Laws.
12. Suspension and Termination
    1. A Member may terminate participation in the Programme at any time by requesting closure of their Loyalty Account.
    2. Big Save may suspend, restrict or terminate a Member’s participation in the Programme where reasonably necessary to:
       1. protect the integrity of the Programme;
       2. investigate suspected misconduct;
       3. prevent fraud, abuse or misuse;
       4. address security concerns;
       5. comply with Applicable Laws; or
       6. protect the interests of Big Save, Members or Programme Partners.
    3. Upon termination, a Member’s right to participate in the Programme shall cease and any unredeemed Rewards may be forfeited in accordance with these Terms and Applicable Laws.
    4. Termination shall not affect any rights, remedies or obligations accrued prior to termination.

6. REWARDS

1. Members may earn, accumulate, receive, redeem and utilise Rewards through participation in the Programme in accordance with these Terms, applicable Programme rules and any requirements communicated by Big Save from time to time.
2. Rewards may include Points, benefits, discounts, vouchers, coupons, promotional offers, digital rewards, member benefits, competition entries, partner benefits and any other rewards or incentives introduced by Big Save from time to time.
3. Big Save may determine and amend from time to time:
   1. the activities through which Rewards may be earned;
   2. the value, availability and validity of Rewards;
   3. qualifying products, services, stores, channels, campaigns or transactions;
   4. earning rates, redemption mechanisms and eligibility requirements; and
   5. any exclusions, restrictions or operational requirements applicable to Rewards.
4. Rewards are promotional benefits only and, unless expressly stated otherwise by Big Save:
   1. have no cash value;
   2. are not redeemable for cash;
   3. are not transferable;
   4. do not constitute deposits, investments, stored value, financial products or property rights.
5. The earning, allocation, redemption and continued availability of Rewards remain subject to verification, availability, system functionality, compliance with these Terms and any applicable Programme requirements.
6. Big Save may withhold, adjust, reverse, cancel, suspend, remove, expire or forfeit Rewards where reasonably necessary, including where:
   1. a transaction is reversed, refunded or cancelled;
   2. goods are returned;
   3. an allocation or system error occurred;
   4. fraud, abuse, misuse or unauthorised activity is suspected or established;
   5. a Loyalty Account is suspended, terminated or closed; or
   6. these Terms otherwise permit such action.
7. Rewards may be subject to validity periods, redemption conditions, availability limitations, campaign requirements, partner requirements or other restrictions communicated by Big Save from time to time.
8. Certain Rewards may be provided, administered or fulfilled by Programme Partners and may be subject to additional partner-specific terms and conditions.
9. Big Save may modify, replace, withdraw or discontinue any Reward category, earning mechanism, redemption mechanism or benefit structure from time to time in accordance with these Terms and Applicable Laws.
10. Subject to Applicable Laws, the records maintained by Big Save regarding the earning, allocation, redemption, adjustment, expiry or forfeiture of Rewards shall constitute prima facie proof of the relevant activity unless proven otherwise.

7. PROMOTIONS, CAMPAIGNS, PERSONALISED OFFERS AND COMPETITIONS

1. Big Save may from time to time make available promotions, campaigns, discounts, rewards, incentives, competitions, prize promotions, personalised offers, partner offers and other benefits through the Programme.
2. The availability, eligibility requirements, duration, mechanics, benefits and conditions applicable to any promotion, campaign, competition, prize promotion or offer shall be determined by Big Save from time to time.
3. Big Save may make available personalised offers, discounts, rewards, promotions or benefits to specific Members or groups of Members based on lawful criteria relevant to the operation of the Programme and the Big Save Ecosystem.
4. The availability of a promotion, competition, campaign, prize promotion, personalised offer or benefit to one Member does not create any entitlement for another Member to receive the same promotion, competition, campaign, offer or benefit.
5. Any promotion, campaign, competition, prize promotion, partner offer or similar initiative may be subject to separate terms, conditions, rules or requirements published by Big Save or the applicable Programme Partner from time to time.
6. Such separate terms, conditions and rules shall be incorporated into and read together with these Terms.
7. In the event of any conflict between these Terms and the specific terms applicable to a promotion, campaign, competition, prize promotion or offer, the specific terms shall prevail to the extent of the conflict.
8. Big Save may modify, suspend, replace, withdraw or discontinue any promotion, campaign, competition, prize promotion, personalised offer or benefit at any time, subject to Applicable Laws.
9. All promotions, competitions and prize promotions conducted through the Programme shall remain subject to Applicable Laws, including the Consumer Protection Act.

8. PARTICIPATION CHANNELS

1. The Programme may be made available through Participating Stores, the Website, the Big Save App, Digital Channels, Programme Partners and such other channels as Big Save may designate from time to time.
2. The availability of Programme features, Rewards, promotions, benefits, competitions, personalised offers and other Programme functionality may vary between participation channels, locations, campaigns and Members.
3. Participation through any channel may be subject to applicable registration, authentication, verification, operational or technical requirements determined by Big Save from time to time.
4. Use of the Website, Big Save App or other Digital Channels may be subject to separate terms, conditions, notices and policies published by Big Save from time to time, including the Website Terms and Conditions, App Terms and Conditions, Privacy Notice and Cookie Policy.
5. Such terms, conditions, notices and policies are incorporated into and form part of these Terms by reference.
6. In the event of any conflict relating specifically to the use of a particular participation channel, the terms applicable to that channel shall prevail to the extent of the conflict.
7. Big Save may communicate with Members through Participating Stores, the Website, the Big Save App, Digital Channels, electronic communications and such other communication channels as Big Save may determine from time to time, subject to Applicable Laws and the Privacy Notice.

9. SYSTEM AVAILABILITY AND PROGRAMME RECORDS

1. Big Save shall use reasonable efforts to maintain the availability and functionality of the Programme and associated participation channels.
2. Big Save does not warrant that the Programme, Website, Big Save App, Digital Channels or associated systems will be continuously available, uninterrupted, secure or error-free.
3. Big Save may from time to time perform maintenance, upgrades, enhancements, repairs or modifications which may temporarily affect access to the Programme or certain Programme features.
4. Technical failures, connectivity issues, system errors, telecommunications interruptions or other circumstances beyond Big Save’s reasonable control may affect the operation of the Programme.
5. Subject to Applicable Laws, Big Save shall not be liable for losses arising from such events where liability cannot lawfully be excluded.
6. Subject to Applicable Laws, the records maintained by Big Save regarding Loyalty Accounts, Rewards, transactions, redemptions and Programme activity shall constitute prima facie proof of the relevant activity unless proven otherwise.

10. PRIVACY AND INFORMATION GOVERNANCE

1. Big Save is committed to Processing Personal Information in a lawful, reasonable and responsible manner in accordance with Applicable Laws.
2. Participation in the Programme may require the collection, use, storage, disclosure and other Processing of Personal Information.
3. The Processing of Personal Information relating to the Programme shall be governed by the Privacy Notice, which is incorporated into these Terms by reference.
4. Nothing in these Terms shall be interpreted as limiting any rights available to a Data Subject under Applicable Laws.
5. Big Save may generate, utilise and retain Customer Insights, Aggregated Data, Anonymised Data and other derived analytical outputs generated through the operation of the Programme and the broader Big Save Ecosystem, subject to Applicable Laws and the Privacy Notice.
6. Subject to Applicable Laws, such Customer Insights, Aggregated Data, Anonymised Data and derived analytical outputs shall remain the property of Big Save and may be utilised for lawful operational, analytical, reporting, innovation, research, commercial and business purposes.

11. INTELLECTUAL PROPERTY

1. All Intellectual Property relating to the Programme and the Big Save Ecosystem, including any software, systems, content, trademarks, logos, branding, designs, databases, technology, materials and associated rights, remain the property of Big Save or its licensors.
2. Nothing in these Terms grants a Member any ownership rights in the Intellectual Property of Big Save.
3. Members may access and use Programme content solely for lawful participation in the Programme and may not copy, reproduce, distribute, modify, exploit or otherwise use such content except as permitted by Applicable Laws or with Big Save’s prior written consent.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

1. The Programme is provided on an “as available” basis and Big Save does not warrant uninterrupted availability of the Programme, Rewards, Digital Channels or associated services.
2. To the fullest extent permitted by Applicable Laws, Big Save shall not be liable for indirect, incidental, consequential or special damages arising from participation in the Programme.
3. Nothing in these Terms limits or excludes any rights or remedies that may not lawfully be limited or excluded under Applicable Laws, including the Consumer Protection Act.

13. INDEMNITY

1. Subject to Applicable Laws, a Member indemnifies Big Save against losses, damages, claims, costs or expenses arising from:
   1. the Member’s breach of these Terms;
   2. fraud, abuse or unlawful conduct by the Member; or
   3. unauthorised use of the Programme attributable to the Member.
2. This indemnity applies only to the extent permitted by Applicable Laws.

14. AMENDMENTS TO THE PROGRAMME AND TERMS

1. Big Save may modify, enhance, suspend or discontinue aspects of the Programme from time to time.
2. Big Save may amend these Terms from time to time subject to Applicable Laws.
3. Updated Terms may be published through the Website, Big Save App, Digital Channels or other communication channels designated by Big Save.
4. Continued participation in the Programme following implementation of amended Terms constitutes acceptance of the amended Terms, to the extent permitted by Applicable Laws.

15. NOTICES AND ELECTRONIC COMMUNICATIONS

1. Notices, communications and electronic communications relating to the Programme shall be governed by the applicable provisions contained in the Big Save Digital Platform Terms and Conditions.
2. Big Save may communicate Programme-related information, Rewards, promotions, campaigns, account information and other Programme communications through any authorised communication channel forming part of the Big Save Ecosystem.

16. GOVERNING LAW AND DISPUTE RESOLUTION

1. Any dispute relating to the Programme shall be dealt with in accordance with the dispute resolution provisions contained in the Big Save Digital Platform Terms and Conditions.
2. These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

17. GENERAL PROVISIONS

1. These Terms, together with the documents incorporated by reference, constitute the entire agreement between Big Save and the Member in relation to the Programme.
2. If any provision is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
3. Any failure or delay by Big Save in exercising a right shall not constitute a waiver of that right.
4. These Terms shall be interpreted in accordance with Clause 4 and Applicable Laws.

18. CONTACT INFORMATION

1. Members may contact Big Save regarding the Programme through the channels communicated by Big Save from time to time.
2. Privacy, PAIA and Personal Information-related enquiries shall be directed to the Information Officer using the details published in the Privacy Notice and PAIA Manual.

19. VERSION CONTROL AND EFFECTIVE DATE

1. These Terms become effective on the date published by Big Save.
2. Big Save may issue updated versions of these Terms from time to time.
3. The latest published version shall supersede all previous versions to the extent permitted by Applicable Laws.