Loyalty Programme Terms Template
Final-review master terms for a merchant-specific South African consumer loyalty programme, completed through approved Programme Particulars that match the live configuration.
1. Programme owner and Programme Particulars
The programme is owned and operated by the legal person identified in the Programme Particulars. The Programme Particulars form part of these terms and state the programme and trading names, company or other registration particulars, physical and postal address, telephone number, email address, complaint channel, participating locations and channels, effective date, and version. References to we, us, or our mean that programme owner.
Bibeno provides software used by the programme owner to administer member records, loyalty credits, tiers, rewards, and evidence. Bibeno does not become the programme sponsor, reward supplier, or contracting party merely by providing that software. The programme owner remains responsible for the programme offer, supply, consumer decisions, notices, privacy obligations, complaints, and fulfilment.
2. Programme and participating locations
The Programme Particulars describe the loyalty credits, awards, tiers, and benefits offered; the goods, services, or transactions to which they relate; the participating branches, websites, applications, or other channels; the ordinary access days and times; and all material location, product, service, stock, and channel exclusions. A restriction that is not clearly included in the resolved terms or a valid promotion-specific offer will not be applied merely because it exists in an internal setting.
3. Eligibility and enrolment
The Programme Particulars state who may join, any lawful minimum age or competent-person requirement, residency or employee exclusions, account limits, enrolment method, required information, whether each field is mandatory or optional, the consequence of not providing mandatory information, any membership fee, and the durable location of these terms and the privacy notice.
By joining, the member accepts the resolved programme terms and acknowledges the applicable privacy notice. The acceptance record binds the programme, member or stable reference, document versions and content hashes, presentation and acceptance times, and enrolment source. Marketing by email, SMS, telephone, push notification, or another channel is optional and requires a separate lawful choice. Refusing or withdrawing marketing consent does not cancel ordinary membership or earned value.
4. Earning loyalty credits or awards
The Programme Particulars state the credit or award name and unit, exact earning rate, qualifying spend, visit, item, category or promotion rule, eligible transaction finality event, vesting or pending period, rounding method with an illustrative calculation, exclusions, caps, tier multiplier, and the location and duration of promotion-specific terms.
A receipt, screen, or message may show provisional or pending credits before the underlying transaction is final. Only credits recorded as available in the authoritative programme ledger may be redeemed. If a displayed balance conflicts with the verified ledger, we will investigate and correct it with reasons and an auditable correction record.
5. Redemption and statutory loyalty safeguards
The Programme Particulars or incorporated reward catalogue state each reward and loyalty price, any permitted cash co-payment, the redemption steps and identification method, participating locations and channels, whether partial redemption or combinations are permitted, and each material exclusion. A reserved reward is completed only when the underlying supply or transaction is final; a failed, cancelled, expired, or reversed reservation returns the reserved credits unless the reward was supplied or another disclosed lawful outcome applies.
Where section 35 of the Consumer Protection Act applies, loyalty credits or awards tendered under the programme are a legal medium of exchange for the programme goods, services, or transactions offered for them. If sufficient credits are tendered and the relevant goods or services are available to a consumer paying by another permitted form of consideration, we will accept the credits, will not supply inferior quality, will not require an unrelated purchase, and will not impose a prohibited handling charge.
We plan reward availability for reasonably anticipated demand. A partial or complete restriction period for redemption will receive at least 20 business days' written notice and all such periods together will not exceed 90 days in a calendar year. If an advertised item cannot be supplied, we will apply the comparable-supply or other remedy required by the Consumer Protection Act and will not charge more than the advertised loyalty consideration for a statutory comparable substitute.
6. Cash, transfer, and prepaid value
The Programme Particulars state whether credits are transferable, saleable, combinable between members, exchangeable for cash, or purchasable. Unless the Programme Particulars expressly state an approved alternative, credits are not cash, a deposit, a gift card, a financial product, or transferable property and may be used only under these terms. Nothing in this clause removes a non-excludable right or changes the treatment required by law.
If a member gives consideration in exchange for prepaid value, the Programme Particulars must contain separately approved expiry, refund, transfer, and unredeemed-value terms that comply with section 63 of the Consumer Protection Act where it applies. The programme owner may not avoid prepaid-value protection by labelling paid value as points, rewards, promotional value, or another loyalty term.
7. Returns, reversals, chargebacks, and corrections
If a qualifying purchase is refunded, returned, charged back, unpaid, duplicated, or corrected, the credits earned from that transaction may be reversed. The Programme Particulars state how a verified shortfall is treated if the member already used those credits, including whether it becomes a points debt, is offset only against future earning, or follows another fair method. A points correction is not a cash debt unless a separate lawful agreement clearly creates one.
We will not remove unrelated credits, silently create a negative monetary claim, or permanently block an account without a disclosed lawful basis and fair review. Each correction preserves the original event, reason, amount, date, rule version, and authorised actor. The member may dispute a correction using clause 14.
8. Tiers and non-points benefits
If tiers apply, the Programme Particulars state each tier, qualification measure, measurement window, multiplier, benefit, exclusion, qualification date, review date, grace period, and downgrade rule. Tier status and benefits change only under that disclosed calculation and clause 11. A benefit subject to capacity, booking, participating-supplier availability, or another material condition must say so clearly before a member relies on it. If the Programme Particulars contain no tier rules, no tier-based restriction or downgrade applies.
9. Expiry and inactivity
The Programme Particulars state whether credits do not expire, expire after a stated period from earning, or expire after a stated period of defined inactivity. They also state the precise expiry event, calculation, advance notice method and period, and balance treatment. No expiry applies earlier than disclosed, retrospectively, while a timely dispute is unresolved, or in a way that avoids section 63 of the Consumer Protection Act where the member paid for prepaid value. If the Programme Particulars do not contain a complete approved expiry rule, available credits do not expire.
10. Account security, fraud, and misuse
Members must keep any card, QR code, PIN, contact channel, or credential reasonably secure and notify us promptly of suspected misuse. The Programme Particulars state the identity-verification and account-recovery process. We may place the least disruptive temporary restriction reasonably necessary to investigate credible fraud, unauthorised access, duplicate accounts, manipulation, resale, or material breach. We preserve the balance and evidence during review, give the member a fair opportunity to respond where lawful, correct verified errors, and do not forfeit value merely on suspicion.
11. Changes to the programme or terms
We may make a reasonable prospective change for a legitimate ground stated in the Programme Particulars, such as a legal requirement, security or fraud risk, programme sustainability, supplier change, or benefit improvement. The Programme Particulars state the notice method and reasonable period. A material notice describes the change, reason, effective date, member options, unused-value effect, and complaint route. We request fresh acceptance where required. No change retrospectively removes a non-excludable right, completed redemption, or accrued commitment contrary to law.
12. Ending membership or the programme
The Programme Particulars state the practical member closure channel, identity check, unused-credit treatment, any redemption window, and the objective material-breach or verified-fraud grounds on which we may end membership. Any programme-owner termination is proportionate, follows required notice and a fair response opportunity, and does not confiscate value merely on suspicion.
If we close the programme, we give the reasonable written notice stated in the Programme Particulars, stop new earning on the stated date, and provide the stated fair redemption or value-wind-down route. Closure does not remove completed transactions, unresolved complaints, required evidence, or non-excludable rights. If the Programme Particulars contain no approved wind-down rule, the programme may not close without a separately approved fair wind-down notice.
13. Privacy and marketing
The programme owner processes member information to enrol and identify members, administer balances, calculate tiers and rewards, complete redemptions, secure the programme, prevent and investigate abuse, answer requests and complaints, keep required records, and comply with law, as explained in the identified privacy notice. The Programme Particulars provide its durable location and version. That notice identifies the responsible party, information, sources, purposes, lawful justifications, required and optional fields, recipients and operators, foreign transfers, retention, security, and the member's access, correction, deletion, objection, complaint, and other rights.
Marketing is not a condition of membership. We send direct marketing only where a lawful route exists and after applying required consent, objection, suppression, sender-identification, contact-detail, NCC Opt-Out Registry, and opt-out controls. The Programme Particulars identify free email, SMS STOP, telephone, or other withdrawal and objection channels. A member may use them without losing ordinary programme access.
14. Questions, corrections, and complaints
A member may request a balance explanation, transaction record, correction, privacy action, or complaint through the Programme Particulars contact channels. The Programme Particulars state acknowledgement and response targets and an internal escalation contact. We investigate against the authoritative ledger and applicable rule version, preserve the complaint evidence, explain the outcome, and correct verified errors.
A member may also use any competent statutory or industry complaint route, including the National Consumer Commission, Information Regulator, and the Consumer Goods and Services Ombud where the programme owner is subject to that scheme, without losing any other right. The Programme Particulars identify the verified ombud route or a documented lawful exclusion.
15. General terms
South African law applies. A clause must be read, limited, or severed to the minimum extent necessary to remain lawful without defeating the programme's substance. A delay in enforcing a right is not a waiver. These terms do not exclude or limit a right or remedy that cannot lawfully be excluded or limited under the Consumer Protection Act, POPIA, ECTA, or other applicable law. If an advertisement, receipt, screen, or staff statement conflicts with these terms, the interpretation that preserves the member's statutory rights and the more specific valid offer commitment applies.