NOTICE TO SUBSCRIBERS AND USERS: THIS IS AN IMPORTANT DOCUMENT WHICH EXPLAINS THE TERMS AND CONDITIONS OF THE LUMKANI REWARDS PROGRAMME – PLEASE READ IT CAREFULLY AND PAY CLOSE ATTENTION TO CLAUSES IN BOLD TEXT.
These terms and conditions (the “Terms”) govern your use of our website at www.lumkani.com, our LUMKANI rewards application, the LUMKANI rewards programme and our services (collectively, the “LUMKANI Interface”). By using or accessing the LUMKANI rewards Interface, you agree to be bound to these Terms. If you disagree with any part of these Terms, you must immediately stop using the LUMKANI rewards Interface or any part thereof.
You warrant and represent that you are, at least, 18 (eighteen) years of age or, if your local jurisdiction’s statutes dictate a higher minimum age, then you warrant that you meet the mandated legal local minimum age, or that you are assisted by your legal guardian who will be transacting on your behalf and that you are mentally fit to transact on the LUMKANI rewards Interface.
If this is not the case, you must notify us immediately if you require any assistance to understand or interpret these Terms.
PLEASE READ OUR PRIVACY STATEMENT AND THE FOLLOWING TERMS BEFORE USING THE LUMKANI REWARDS INTERFACE.
BY CONTINUING TO ACCESS OR USE THE LUMKANI REWARDS INTERFACE, YOU WARRANT THAT YOU HAVE READ, UNDERSTOOD AND HAVE AGREED TO BE BOUND BY THESE TERMS.
In these Terms the following words and expressions shall have the following meaning: “LUMKANI”, “we”, “us” and “our” refers to Clientèle Benefits CompanyProprietary limited (hereinafter “CBC”), a limited liability company registered in the Republic of South Africa, with registration number 2016/076232/07, including all of our subsidiaries; “you”, “your” or “subscriber/ user” refers to the person accessing or using the LUMKANI rewards Interface.
- Who we are:
- LUMKANI is the owner and operator of the LUMKANI rewards Interface, the LUMKANI rewards programme and the benefits provided as part of the LUMKANI rewards programme (“LUMKANI”).
- Our contact details are as follows:
- Physical Address: 19 Kent Street, Woodstock, Cape Town, 7925
- Postal Address: 19 Kent Street, Woodstock, Cape Town, 7925
- Contact Number: 010 005 4414 ;
- Contact Email Address: firstname.lastname@example.org; and
- Website: www.lumkani.com
- About the LUMKANI REWARDS Loyalty Programme:
- LUMKANI rewards is brought to you by LUMKANI and this rewards programme is available to all customers as a value added service, as reflected on the LUMKANI rewards Interface.
- All participants must:
- be legal residents in the Republic of South Africa;
- be currently residing in the country at the commencement date of the subscription;
- be at least 18 (eighteen) years of age at the commencement date of the subscription;
- be in possession of a valid South African identity book/ card or passport (if a foreign national); and
- must redeem vouchers within the stated validity period.
- The fee payable for LUMKANI rewards to standalone rewards clients will escalate annually. This increase is expected to be aligned to the consumer price index. In addition to this, we reserve the right to review the LUMKANI rewards benefits from time to time. We will notify you of any increases in the monthly subscription fee or if the LUMKANI rewards benefits are amended in any material way.
- You will not be entitled to receive any LUMKANI rewards benefits where your monthly payment/subscription fee has not been paid in full.
- We may, from time to time, run additional specials which will be valid for a limited period only. Specific terms and conditions for such specials will be available on the LUMKANI rewards Interface and shall substitute these Terms as reasonably required for that particular special.
- Your LUMKANI rewards benefits will be activated following confirmation of successful payment of your monthly fee.
- Your LUMKANI rewards subscription will automatically renew, on a month-to-month basis, and shall continue to renew until you terminate your LUMKANI rewards subscription by giving us 30 (twenty) days’ notice in writing.
- You will remain liable for the monthly subscription fee until the date on which the notice in terms of clause 3.7 expires, on a pro rata-basis, and any positive balance shall be refunded to you.
- Your LUMKANI rewards subscription will be activated and your benefits available within 2 business days of successful collection of your first subscription fee.
- Your first LUMKANI rewards debit order collection date may be set for 5 business days after date of application. Alternatively, you may choose a preferred date not less than 5 business days from date of application.
- Access to the LUMKANI rewards benefits may be suspended pending any Unpaid or Rejected Subscription Fees.
4 Delivery of Benefits and Coupons:
Delivery of the benefits and vouchers will occur through the LUMKANI rewards application. Redemption of rewards may be processed through the designated telephone numbers, through the LUMKANI rewards application or any other means as indicated by CBC from time to time.
- Third Party Links:
5.1 Links to third party websites are provided for your convenience only and may be discontinued at any point in time.
5.2 The fact that LUMKANI provides a link to certain third party websites does not mean that we always endorse, authorise, are affiliated with or sponsor that particular website.
6 Queries and Complaints:
For any queries, or should you wish to lodge a complaint, please contact us through the contact details as reflected in clause 2.2.
- User Undertakings:
- You understand and agree not to:
- post, transmit, redistribute, upload or promote any communications or content that could harm or negatively impact the LUMKANI rewards Interface or any other user;
- act in a manner, or employ any device, that restricts, impairs, interferes or inhibits any other user from using or enjoying the LUMKANI rewards Interface or which impacts the security of the LUMKANI rewards Interface;
- employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including, without limitation, spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the LUMKANI rewards Interface, or to copy content from the LUMKANI rewards Interface, or engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the LUMKANI rewards Interface; or
- use the LUMKANI rewards Interface contrary to applicable laws and regulations, or in any manner that causes, or may cause, harm to the LUMKANI rewards Interface, or to any user or infringe the Intellectual Property rights of LUMKANI, any third party, customer or user.
- We reserve the right to immediately bar access to the LUMKANI rewards Interface and close, or suspend, the account of any subscriber or user who violates these undertakings or any other provision of these Terms.
- The user understands that the user’s information (not including credit card information) may be transferred, unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. LUMKANI confirms that credit card information is always encrypted during transfer over networks.
- The user agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the LUMKANI rewards Interface without the prior written consent of Lumkani/CBC.
- The user shall be responsible for all actions taken on the user’s account. You should not share or disclose your login credentials with, or to, any other person.
- LUMKANI’s Rights:
LUMKANI reserves the right to suspend or permanently disable accounts due to breach of these Terms or due to any illegal or inappropriate use of the LUMKANI rewards Interface.
9 Accuracy, Completeness and Timeliness of Information
9.1 We are not responsible if information made available on the LUMKANI rewards Interface is not accurate, complete or current.
9.2 We reserve the right to modify the contents of the LUMKANI rewards Interface at any time, however, we shall not have an obligation to update any information on the LUMKANI rewards Interface. You agree that it is your sole responsibility to monitor changes and updates to the LUMKANI rewards Interface.
- Changes to Terms:
10.1 We reserve the right, at any time, to amend, alter, modify or change, as we deem fit, any part of these Terms without any prior notice.
10.2 We will post modified versions of the Terms on our website and we encourage you to review these Terms every time you use the LUMKANI rewards Interface.
10.3 Your use of the LUMKANI rewards Interface constitutes your agreement to the most recent version
of the Terms.
11 Modifications to the LUMKANI rewards Interface:
11.1 We reserve the right to modify or discontinue the LUMKANI rewards Interface (or any portion of the LUMKANI rewards Interface) temporarily or permanently, with, or without, notice to you.
11.2 We shall not be liable to you, or any third party, if we exercise our right to modify or discontinue the LUMKANI rewards Interface (or any portion of the LUMKANI rewards Interface). Unless
explicitly stated otherwise, any new features that augment or enhance the current LUMKANI rewards
Interface shall be subject to these Terms.
12.1 To utilise the LUMKANI rewards Interface you need to register your details with us. You must
ensure that your registration credentials are accurate, truthful and updated when they are amended.
12.2 We reserve the right to block the creation of your account based on our inability to confirm the
authenticity of your registration credentials.
12.3 For security reasons, we reserve the right to request additional information from subscribers and users, including original documents, and to verify documents with issuing institutions.
13 Ownership of Rights:
13.1 For purposes of these Terms, “Intellectual Property” means any rights to know-how (not in the public domain), invention (whether or not patented), design, trade mark, copyright material, traditional knowledge or plant breeder’s rights, whether registered or not, anywhere in the world.
13.2 All Intellectual Property that is owned by LUMKANI or its third party licensors shall exclusively belong to CBC and its third party licensors and nothing in these Terms shall give the subscribers or users any rights in any Intellectual Property which is utilised by, or proprietary to, LUMKANI.
13.3 Without limiting the aforementioned, the subscribers and users take notice of the fact that “LUMKANI” is a trademark of LUMKANI and that the subscribers or users shall not be entitled to utilise said trademark without the prior written consent of LUMKANI.
13.4 We make no representations or warranties in relation to any third party software or products that form part of the LUMKANI rewards Interface.
14.1 All notices must be served in writing to our contact details as reflected in clause 2.2.
14.2 All notices to the subscriber or user shall be served to the contact emails forming part of the profile information of the subscriber or user.
15 Exclusion of Liability:
15.1 You understand and agree that, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages or losses, including, but not limited to, any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute services or other intangible losses, in relation to, or resulting from, your use of the LUMKANI rewards Interface.
15.2 We do not guarantee, represent or warrant that your use of the LUMKANI rewards Interface will be uninterrupted or error-free.
15.3 LUMKANI accepts no responsibility or liability for the quality of service and/or meals that you have received from any of our dining partners. Furthermore, LUMKANI will not become involved in any non-LUMKANI rewards-related disputes between subscribers and third parties (including restaurants and fast food outlets).
15.4 Any costs incurred by LUMKANI arising from your breach of any of the provisions of these Terms shall be borne by you on an attorney-and-own-client scale.
16.1 Where figures are referred to in numerals and in words, if there is any conflict between the two, the parties agree that the words shall prevail.
16.2 Clause headings in these Terms are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify, nor amplify its terms, nor any of its clauses.
16.3 When a number of days are prescribed in these Terms, same shall be calculated exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.
16.4 Any term defined within the context of any particular clause in these Terms shall, unless otherwise determined by the context, bear the meaning ascribed to it for all purposes in relation to these Terms.
16.5 Expiration or termination of these Terms shall not affect such of its provisions as expressly provide that they shall continue to operate thereafter or which, of necessity, must continue to have effect thereafter, notwithstanding that the clauses themselves do not expressly provide for such continuation.
16.6 In these Terms, the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
16.7 The subscriber or user shall not cede, delegate, subcontract or assign, nor in any other manner, dispose of any of its rights or obligations arising from these Terms, without the prior written approval of LUMKANI.
16.8 These Terms, read with the Privacy Statement, contains the entire agreement between the parties, with respect to the subject matter of these Terms, and supersedes all prior agreements between the parties, whether written or verbal, with respect to the subject matter of these Terms.
16.9 A failure to enforce or to require the performance, at any time, of any of the provisions of these Terms shall not be construed to be a waiver of such provision and shall not affect either the validity of these Terms, or any part hereof, or the right of any party to enforce the provisions of these Terms.
16.10 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provision shall be deleted without affecting the remaining provisions of these Terms.