REWARDED - Terms & Conditions
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    Terms & Conditions

    1. INTRODUCTION
      1. The Rewarded Programme is offered as an online service by The Rewards Factory ("TRF") to employers/organisations as a means to reward their employees.
      2. The following terms and conditions pertain to understanding and making the most of the membership benefits. These terms and conditions constitute an agreement between TRF and the Client governing the rights and obligations of both parties each time the Client accesses the Rewarded Programme.
      3. By joining and accessing the Rewarded Programme, the Client confirms that it has read, understood, and agreed to be bound by these terms and conditions, as they may be amended from time to time and available on the Rewarded Website. (https://www.rewarded.co.za/page/terms).
    2. INTERPRETATION
      In this Agreement, unless otherwise indicated by the context:
      1. the singular shall include the plural and vice versa;
      2. one gender shall include the other genders and vice versa;
      3. natural persons shall include legal and juristic persons and vice versa; and
      4. where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
    3. DEFINITIONS
      1. ”Agreement” means these terms and conditions together with those on the New Client Application Form;
      2. “Beneficiary” means a person who is entitled to be allocated Rewards by a Client;
      3. “Client” means any employer/organisation who has successfully joined the Rewarded Programme and has paid the Setup Fee;
      4. “E-Card” means a digital greeting card that is sent through the internet;
      5. “Float” means the amount and value of Rewards in a Client’s Account at any stage;
      6. “Membership Fee” means the monthly consideration payable by the Client to TRF in terms of this Agreement;
      7. “Points” means a form of currency which the Client can allocate to Beneficiaries and/or Users and that can be used to purchase Vouchers;
      8. “Rewards” means financial rewards given by Vouchers and/or Points;
      9. “Rewarded Programme” means the programme offered to the Client by TRF in terms of this Agreement;
      10. “Rewarded Account” means a virtual account on the Rewarded Website that the Client can access using its unique username and password;
      11. “Rewarded Website” means the website having the address www.rewarded.co.za;
      12. “Setup Fee” means the initial fee to join and set up the Rewarded Programme for the Client as specified in this Agreement;
      13. “TRF” means REWARDEDCO (Pty) Ltd trading as The Rewards Factory (registration number 2004/012951/07);
      14. “User” means a person authorised by a Client to have administrative rights to the Rewarded Programme as envisaged in clause 5.8;
      15. “USSD” means Unstructured Supplementary Service Data used to communicate between a mobile telephone and the telephone service provider’s computer;
      16. “Vouchers” means a digital voucher that can be used to purchase the goods or services specified therein.
    4. REGISTRATION
      In order to register as a Client, you are required to:
      1. complete the online registration form; 
      2. pay the Setup Fee; and 
      3. pay the Membership Fee.
    5. CONDITIONS OF MEMBERSHIP
      1. TRF is solely entitled to determine who will be entitled to register as a Client.
      2. A Client can purchase Rewards for the amount specified in writing by TRF from time to time on the Rewarded Website on its unique Rewarded Account, and shall select what type of Rewards it wishes to purchase and how many of each type (Vouchers and/or Points). A  Client will be entitled at any stage to top up its Float by purchasing further Rewards.
      3. Payment shall be made into the account specified by TRF.
      4. Once the relevant payment made by the Client is reflected in TRF’s bank account it shall cause the Rewards to reflect in the Client’s Rewards Account.
      5. The Client will determine who its Beneficiaries will be, and the relevant criteria to qualify as a Beneficiary, and will register such Beneficiaries on its Rewards Account. The Client and TRF, in doing so, will be jointly responsible for ensuring that it complies with the Personal Protection of Information Act and any other privacy legislation. TRF will also ensure that the information will be kept secure while it is stored whether it be stored on their database, website and server, etc by putting security measures in place to guard against any unauthorised access
      6. The Client shall be solely responsible for recording the correct details of Beneficiaries and for keeping the details up to date at all times.
      7. The Client can cause Rewards to be delivered at its discretion to any Beneficiary of its choice, in which event a User with the required authority shall notify TRF, using the prescribed method, to deliver the relevant Reward to a Beneficiary.
      8. The Rewards can be redeemed by a Beneficiary on the Rewarded Website or on a mobile telephone using a USSD provided that the Beneficiary has registered on the Rewarded Website with a valid cell phone number and email address. TRF undertakes that it will not conduct any marketing or provide the contact details of any Beneficiary to any third party without the explicit, prior consent of the specific beneficiary concerned
      9. TRF may notify a Beneficiary by mobile telephone text message when a Voucher is delivered to him that it may expire after a period of time.
      10. The Client shall administer its Rewarded Account on the Rewarded Website where it shall enter which Users have administrative rights to purchase and/or manage Rewards, and in particular which Users: shall have full control; can only deliver Rewards; can only purchase Rewards; can only add Beneficiaries; or any combination thereof. TRF shall provide every User with a unique username and password.
      11. The Client and each User are solely responsible for the allocation and management of the Rewards in the Client’s Rewarded Account.
      12. Once a Reward has been delivered it cannot be changed or withdrawn and TRF shall have no liability for the delivery of incorrect Rewards by a User or Beneficiary.
      13. The use of the Rewarded Programme shall be at the Client's own initiative and risk and TRF shall have no liability in the event of:
        1. the temporary downtime of the Rewards Programme;
        2. a failure of performance of a third party service provider;
        3. the incorrect details of a Beneficiary being recorded or of a Beneficiary’s details not being kept up to date; 
        4. the unauthorised use by any person of User’s username and password unless it is due to the fault of TRF;
        5. a failure of a communications network to deliver an E-Card or Reward;
        6. a lost or deleted Rewards voucher or E-Card;
        7. the non-delivery of an E-Card that cannot be delivered due to a firewall;
        8. a Voucher that has not been redeemed within its validity period; and/or
        9. the content of any message in an E-Card that has not been inserted by TRF.
      14. The Vouchers are subject to availability.
      15. TRF will not be liable to the Client or a Beneficiary for any supplier or service provider that declines to honour a Voucher for any reasons whatsoever.
      16. The Vouchers are not exchangeable for cash or for sale.
      17. TRF may send the Client various marketing communications and updates pertaining to the Rewarded Programme at its sole discretion. Should the Client not wish to receive such communications or updates it is entitled to opt out by informing TRF via email, in which event TRF undertakes to refrain from sending any such material.
      18. The Client can cancel its membership at any stage with the Rewarded Programme by sending an email to hello@therewardsfactory.co.za informing it of its intention to cancel its membership by giving 1 (one) calendar months’ notice.
      19. TRF shall have the right to deregister the Client from the Rewarded Programme:
        1. for any reason by giving it 30 (thirty) days prior written notice; 
        2. immediately, in the event of non-payment of the monthly Membership Fee; or 
        3. immediately in the event of the frequency and/or volume of delivery of E-Cards by a Client or a User being too high, in the sole but reasonable discretion of TRF;
        4. immediately in the event of a breach by the Client of any term of this Agreement;
        5. immediately if TRF believes, in its reasonable discretion, that the Client, a User or a Beneficiary has brought the name of TRF into disrepute (in which event TRF shall be entitled to claim damages against the offending party).
      20. If the Client membership is cancelled TRF shall refund to it the value of any unused Points after 30 (thirty) days, subject to the deduction of a 10% administration fee.
        1. TRF may set off the value of the Points calculated in clause 5.20. against any amount that may be due to it.
      21. If a Beneficiary no longer qualifies to be a Beneficiary, any unused Rewards that have been allocated to him but not yet used, will be returned to the Client’s Float.
      22. The Membership Fee will be reviewed annually by TRF who is entitled to increase such fee at its sole discretion. TRF shall notify the Client in writing at least 30 (thirty) days prior to such increase being effected.
      23. The Client is not entitled, without the prior consent of TRF in writing, to:
        1. customise or change any aspect of the Rewards or the Rewards Programme;
        2. on sell any Rewards; and/or
        3. use the Rewards or the Rewarded Programme for any marketing purposes.
      24. TRF will not be liable for any loss, expenses, claim(s) or damage, whether direct, indirect or consequential, arising from the use of the Rewarded Programme and the Client accordingly indemnifies TRF against any such losses, expenses, claim(s) or damages, provided that such loss was not suffered due to the negligence of TRF.
      25. Each party shall be responsible to apply all applicable laws, tax liabilities and deductions that apply to it.
      26. TRF reserves the right, by giving the Client 30 (thirty) days’ prior written notice to:
        1. amend this Agreement;
        2. change the terms and conditions;
        3. terminate the Rewarded Programme.
      27. TRF and the Client agree to act in good faith to each other and to Beneficiaries. 
      28. The Client and the signatory to this Agreement hereby warrant that they have the required legal capacity to enter into and be bound by it.
      29. TRF has the right to log in the Rewarded Account of the Client.
      30. The Rewarded website is designed to operate in the latest browsers so please ensure that your system automatically updates to the latest version for optimum operation and display. 
      31. Rewarded Gift Card terms and conditions (If applicable).
    6. GOVERNING LAW
      The entire provisions of this agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
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