AGRIBONUS TERMS AND CONDITIONS
1. MODIFICATION AND SUSPENSION RIGHTS
1.1 Customer Benefit Systems (Pty)Ltd and the AgriBonus partners, reserve the right to modify or suspend the AgriBonus programme or any aspect of it, with 30 days notice and/or to cancel the programme in its entirety with six months’ notice to active members.
1.2 Members with no programme activity within the preceding six months, will not receive any information concerning those modifications mentioned under 1.1 in the AgriBonus programme. The right includes, but is not limited to:
12.1 Changes in the AgriBonus points accumulation
12.2 Changes in the partner-affiliated companies
12.3 Rules for use of AgriBonus programme awards
12.4 AgriBonus points award levels
12.5 Capacity control for the use of AgriBonus awards
12.6 Block-out periods
12.7 Features of promotional interest
1.3 AgriBonus award certificates that are determined by AgriBonus to have been bought, sold or bartered, will be cancelled and will not be honoured.
1.3.1 Such AgriBonus awards may be confiscated and the AgriBonus member will be liable for payment of such an award at full price.
1.3.2 Individuals selling or bartering AgriBonus awards may be liable for damages and legal costs. Their participation in the AgriBonus programme may be terminated at the sole discretion of AgriBonus.
2. ELIGIBILITY, DISQUALIFICATION AND SUSPENSION OF MEMBERS
2.1 The AgriBonus programme is available for the total farming community in Southern Africa.
2.2 Your AgriBonus account will be established under your name or business name, but only you personally may accrue AgriBonus points in this account.
2.3 AgriBonus points earned may not be transferred from one AgriBonus participant to another or between accounts, nor may you earn AgriBonus points from more than one customer loyalty programme for the same purchase.
2.4 Name and address changes must be submitted to the AgriBonus Service Centre in writing. Such notifications must be signed and dated, and include your AgriBonus membership number.
2.5 AgriBonus participation is subject to all applicable laws.
2.6 AgriBonus reserves the right to disqualify persons from further participation in the AgriBonus programme, to cancel all previously accumulated AgriBonus points and to seek compensation for Awards utilised, if in AgriBonus’ sole judgement, such person having violated any of the rules governing this programme. This includes the fraudulent acquisition of AgriBonus points or Programme awards or abuse of the AgriBonus award benefits.
3. AGRIBONUS POINTS CREDIT
3.1 You will receive an AgriBonus points summary reflecting the points you have accrued quarterly, provided your account shows activity during this period.
3.2 AgriBonus points awarded to a member, remains the property of that member and do not expire.
3.2.1 AgriBonus reserves the right to impose an administration fee on dormant accounts. (where no transactions have taken place for more than twelve months)
3.2.2 The administration fee will be recovered in the form of points imposed against the member’s account.
3.2.3 Administration fee can be prevented by performing a profile update annually as prescribed in the Bonus magazine.
3.3 The estimated time for AgriBonus points to be credited to your account is 30 days from the day of your purchase from an AgriBonus partner.
3.4 In the event that points for your activity are not reflected in your AgriBonus summary, please send a letter and the invoice to the AgriBonus Service Centre, asking for your respective credit. If you forget to request points for your purchases, write to the AgriBonus Service Centre within 120 days of the activity, including the original invoice. Any activity prior to the 120 days cut-off period will not be considered for credit.
3.5 The Agribonus member agrees, through acceptance of the terms and conditions, that purchasing transactions at a participating AgriBonus partner can be dispatched electronically by the AgriBonus partner to the AgriBonus Service Centre. The AgriBonus Service Centre will allocate point awards received in this manner to the involved members’ AgriBonus account.
4. AGRIBONUS AWARDS
4.1 Award request forms are available on request. Use this form when requesting an award.
4.2 AgriBonus is the sole authority with respect to the redemption of an AgriBonus award and/or issuance of an AgriBonus award.
4.3 AgriBonus awards are not redeemable for cash.
4.4 To request an award you must have enough AgriBonus points in your account. The awards must be requested in accordance with the current published list of AgriBonus awards.
5. AGRIBONUS AWARDS
5.1 You may request an award for yourself or any person you designate, but the award may not be sold, bought or bartered.
5.2 For security purposes, all AgriBonus awards will be mailed directly to the AgriBonus member at the address shown in our membership files or it may be collected in person by the member.
6. AGRIBONUS AWARDS DELIVERY TIME
6.1 Allow at least three to four weeks for delivery. Request for awards delivery within three weeks by normal mail is at your own risk.
6.2 If the AgriBonus award is to be collected from the AgriBonus Service Centre, or if a courier is used, a minimum of five working days is needed to process the request.
7. RE-DEPOSIT OF AWARDS
7.1 Once an award has been issued it is non-transferable. However, awards may be re-deposited in your account under the following conditions:
7.1.1 All awards must be returned within 30 days after delivery, unused, to the AgriBonus Service Centre.
7.1.2 Your request must be in writing and five percent of the awards point value will be deducted before the award points will be re-deposited into your account to cover the administration costs.
8. WITHDRAWING AGRIBONUS POINTS FOR AWARDS
When the AgriBonus Service Centre receives a request to issue an award, the balance in your AgriBonus account will be reduced by the corresponding points of the award as published.
9. POSTAL RESPONSIBILITY
AgriBonus cannot be held responsible for postal delays or for any items lost or damaged in the mail.
10. AGRIBONUS PROGRAMME PARTICIPANTS
AgriBonus has contractual arrangements with participants in the AgriBonus programme. It is, however, at all times at the entire discretion of AgriBonus whether and in what manner it enforces any of its rights in terms of those contractual arrangements, which may at any time be changed by agreement between AgriBonus and the participant.
It is acknowledged that you shall have no claims against AgriBonus if a participant in any manner breaches its contractual obligations with AgriBonus or refuses to grant you any points, other benefits or awards.
AgriBonus will only credit points or furnish benefits or awards if a participant in the programme acknowledges that such points, benefits or awards is due and furthermore pays to AgriBonus any amount which may be due to AgriBonus for such points, benefits or awards.
11. COMMUNICATION WITH AGRIBONUS MEMBERS
The AgriBonus member agrees that AgriBonus information regarding the loyalty programme, promotions, and other related information can be sent to the member in the following ways:
- Per sms,
- Posted electronically, and
- Ordinary post.
12. CONDITIONS FOR THE USE OF AWARDS
AgriBonus cannot be held responsible for the failure of AgriBonus partners to provide services and products as indicated.
13. CONFLICTS AND AMBIGUITIES
Should there be conflict between these terms and any other terms, rules or regulations of the AgriBonus programme or any awards thereunder or if there is any ambiguity, inconsistency or omission, such conflict, ambiguity, inconsistency or omission shall be referred to the AgriBonus board of Directors, whose decision on any matter referred to him shall be final and binding.
14. EXECUTION OF LIABILITY
AgriBonus cannot be held responsible for any indirect, consequential or special damage in issuing an award, howsoever caused and whether arising from any act or omission of the AgriBonus or any third party for whom AgriBonus be held vicariously liable and whether arising in contract or not.
The AgriBonus member has, without prejudice to rights, the right to cancel membership at any time, by sending a written notice to the AgriBonus Service Centre.
16. SUMMATION OF LIABILITY
Any claim you or the holder of any award certificate may have against AgriBonus, may only be brought in the Magistrate Court of South Africa (Gauteng Provincial Division) to the jurisdiction of which you consent such claim, and shall be the lesser of the actual loss suffered or R500.
17. LEGAL CLAUSES
17.1 No variation, relaxation, waiver of, addition to, deletion from or consensual cancellation of this agreement or any of the terms thereof (including this clause) shall be of any force or effect unless reduced to writing and signed by both parties.
17.1.1 This agreement constitutes the whole of the agreement between the parties.
17.1.2 There are no conditions in operation which may terminate the liability of any of the parties.
17.1.3 No warranties, promises, representations or inducements of whatsoever nature have been made or given by AgriBonus to enter into this agreement or bind the loyalty party to the terms hereof.
17.1.4 It is agreed that each paragraph, each clause and each sub-clause of this agreement is severable, the one from the other.
17.1.5 If any paragraph, clause or sub-clause is found to be defective or unenforceable for any reason by any competent Court, the remaining clauses, sureties, paragraphs and subparagraphs shall be and shall continue to be of full force and effect.
17.1.6 In such event, the parties agree to meet and review the matter and if any valid and enforceable means is reasonably available to achieve the same object as the invalid provision, to adopt such means by way of variation of this agreement.
17.2 The loyalty Partner shall pay interest on any unpaid amounts due in terms of this agreement. Such interest shall be calculated at the prime rate charged on an unsecured overdraft by Absa Bank and shall be paid monthly in arrears. Interest shall be capitalised on the last day of each and every month. A certificate by the Manager of the Accounts of this bank aforesaid (whose appointment shall not require proof) shall be proof of the rate of interest to be paid by the loyalty partner in terms thereof.
17.3 The parties undertake at all times to do all such things, to perform all acts and to take all such steps as may be open to them and necessary for and incidental to the putting into effect or maintenance of the terms, conditions and import of this agreement.
18. ACCEPTANCE OF TERMS AND CONDITIONS
By registering with the AgriBonus programme, you accept all terms and conditions of this agreement.