LIVELIFE TERMS AND CONDITIONS

1 DEFINITIONS

In these terms and conditions:

1.1

Card account means the card registered by us in the name of a member.

1.2

Earn rate means the number of LiveLife points you will earn per unit of eligible spend, as specified by the retail partners from time to time.

1.3

LiveLife means the points earned and spent by you in accordance with the LiveLife Programme, the value of which will be determined by the partners from time to time, which points may be redeemed for rewards.

1.4

LiveLife account means the card account that will reflect the number of LiveLife accrued to you.

1.5

LiveLife Programme means the programme for which you enrolled; in terms of which you earn LiveLife through eligible spend on your card account, which can be redeemed for goods and/or services.

1.6

Earn partner means an institution that we have contracted with to provide you with LiveLife points based on eligible spend.

1.7

Spend partner means an institution that we have contracted with to provide you with goods and/or services on the LiveLife Programme.

1.8

We, us and our means LiveLife Loyalty Programmes (Pty) Ltd Company (Reg No 2004/027373/07), with address, Shop G251 Mezzanine Level, Gateway Theatre of Shopping, 1 Palm Boulevard, Umhlanga Ridge, 4319

1.9

You and your means the card holder.

2 INTRODUCTION

2.1

The LiveLife Programme is a programme owned, operated and managed by us. You may accumulate LiveLife points through eligible spend, and use these LiveLife points to purchase goods and/or service at various partners.

2.2

These terms and conditions, your LiveLife application form, the disclaimer and privacy policy displayed on our website and any other terms and conditions relating to the use of your card and the LiveLife Programme, including, but not limited to, our partners’ terms and conditions, will form the entire agreement between you and us regarding your participation in the LiveLife Programme.

2.3

By participating in the LiveLife Programme you admit and acknowledge that you have read, understood and agreed to these terms and conditions and any other terms and conditions, as well as the partners’ terms and conditions applicable from time to time, relating to the use of the LiveLife Programme and that you have consented to us sharing certain of your personal information with affiliate parties in the ordinary course of our business.

3 YOUR LIVELIFE ACCOUNT

3.1

To become a member of the LiveLife Programme you will need to enrol by visiting our website, calling our call centre or registering at any retail of lifestyle partner.

3.2

Your participation in the LiveLife Programme will be at our sole discretion.

3.3

You may never spend more LiveLife points than are in your LiveLife account.

4 DORMANT LIVELIFE ACCOUNTS

4.1

If you do not earn any LiveLife points for a period of 12 (twelve) months, your LiveLife account will be considered dormant.

4.2

We will send you a reminder that your LiveLife account will become dormant.

4.3

When your LiveLife account becomes dormant, it will be closed and you will forfeit all your LiveLife points with immediate effect.

4.4

You may reopen your LiveLife account within 3 (three) months of the closure thereof by calling our call centre.

4.5

Your forfeited LiveLife points will be credited to your account in the event that your LiveLife account is successfully reopened.

5 EARNING OF LIVELIFE POINTS

5.1

We at our sole discretion determine the earn rate, which may change from time to time. We will notify you within a reasonable period of any changes.

5.2

You may earn LiveLife points on certain promotions when you shop at an earn partner, and we may also from time to time reward you with LiveLife points on your purchase of or interaction with our specified products.

5.3

LiveLife points may not be sold, issued, exchanged, bartered or redeemed for cash.

5.4

The partner decides how many LiveLife points you will earn.

5.5

We reserve the right to debit your LiveLife account with the relevant LiveLife points if a transaction is cancelled or reversed for any reason.

6 FEES AND CHARGES

6.1

The following fees and charges will be debited to your LiveLife card account:

6.1.1	A monthly administration fee of 5% will be debited off a points balance of R 0.01 or more on the last day of each month. This administration fee is capped at R 5.00 (5 LiveLife points).
6.1.2	The card balance will not be placed in arrears if there are insufficient points (less than R 0.01) on the card.
6.1.3	LiveLife reserves the right to increase the monthly admin fee, over and above the normal annual escalation. This increase will be based on the current value of the programme and normal business considerations and is subject to change without notice.
6.1.4	The value of LiveLife points in Rands that you may have obtained as a result of fraud or misconduct or which were not intended to accrue to you.

6.2

You will be notified from time to time of any changes to these fees.

6.3

No fees nor any portion thereof, are refundable.

6.4

LiveLife members will be given an option to upgrade to LiveLife Plus and LiveLife Platinum.

6.4.1

LiveLife members can upgrade to LiveLife Plus by:

Signing a R 40.00 per month debit order (R 480.00) for the year.
Use your LiveLife Points - but you have to pay the annual fee upfront and as well as the administration fee.
Pay upfront in full and qualify for a 10% discount (R 432) for the year.

6.4.2

LiveLife members can upgrade to LiveLife Platinum by:

Signing a R 199.00 per month debit order (R 2388.00) for the year.
Use your LiveLife Points - but you have to pay the annual fee upfront and as well as the administration fee.
Pay upfront in full and qualify for a 10% discount (R 2149.20) for the year.

7 YOUR RIGHTS AND OBLIGATIONS

7.1

You must comply with any terms of use, terms and conditions of the disclaimer and privacy policy, which are all available on our website.

7.2

Our website will be the definitive source for updated information.

8 OUR RIGHTS AND OBLIGATIONS

8.1

We may use, consistent with our privacy policy, any personal information for marketing purposes at our discretion if you marked the appropriate box on your LiveLife application form.

8.2

We will do our utmost to ensure our call centre is available to you during the hours specified by us from time to time.

9 LIABILITY AND INDEMNITY

9.1

You must keep your password and LiveLife membership number confidential and, in the event that you have compromised such information, we will not be liable for any loss or damage suffered by you in any way whatsoever.

9.2

Although we carefully select our partners, you will carry the risk for any fraud or losses that occur via our partners’ websites.

9.3

We will incur no liability if a dispute arises between you and a partner in respect of goods or services purchased. You acknowledge that none of the partners are our agents.

9.4

By redeeming your LiveLife points you release us from any and all liabilities to you.

9.5

We are not liable for any acts or omissions by third parties, including without limitation an internet service provider, a telephone provider or partner relating to the use of the LiveLife Programme.

9.6

We will under no circumstances be liable for any consequential, incidental, special or direct loss or damage resulting directly or indirectly from these terms and conditions or your participation in the LiveLife Programme.

9.7

You hereby indemnify us against any claims by third parties or losses suffered by you arising from your participation in the LiveLife Programme.

9.8

Our partners' websites may be linked to our website, in which case we cannot control or make any representation as to the legal content of such websites, and we will therefore not be liable for the information provided on such websites.

9.9

We do not warrant, endorse or make any representations about the contents, product, service or reliability of any third party’s business or security practices and operations.

10 CANCELLATION OR TERMINATION

10.1

We may by written notice to you, end or cancel your participation in the LiveLife Programme at any time for any reason, in which case you will have 30 (thirty) days to spend your LiveLife points, unless your LiveLife points were forfeited because your LiveLife account became dormant or we believed your behaviour was inappropriate or constituted misconduct, or you breached these or any other terms and conditions relevant to the LiveLife Programme.

10.2

Termination will not affect any instruction given to us and not yet carried out, unless a fraudulent transaction was concluded directly or indirectly by you, in which event you will immediately forfeit your LiveLife points.

10.3

We will not be held liable for any damages of any nature suffered by you or any third party due to termination of your participation in the LiveLife Programme.

10.4

You may end your participation in the LiveLife Programme by informing the call centre or by giving us written notice, in which case you will immediately forfeit all the LiveLife points in your LiveLife account.

10.5

If you close your LiveLife account you will forfeit all your LiveLife points with immediate effect.

10.6

In the case of death your LiveLife points will have no value and will expire.

11 INTELLECTUAL PROPERTY

All intellectual property is owned by or licensed to us, and you may not use it without our prior written consent.

12 PRE-PAID CERTIFICATES, CREDITS AND VOUCHERS

Where a consumer makes an advance payment for goods or services to a supplier and is provided with a prepaid certificate, card, voucher or similar device that device remains valid until its full value has been redeemed in exchange for goods or services; or three years after the date on which it was issued (unless the supplier extends that period), the outstanding credit on the device remains the property of the consumer.

13 COMPLAINTS AND DISPUTES

Complaints or queries may be directed to our call centre.

14 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

14.1

You are not allowed to send any notice or legal document to us by email.

14.2

In terms of Chapter 3 of the Electronic Communications and Transactions Act, by visiting our website and/or communicating with us by electronic means you acknowledge that all agreements, notices, disclosures and other communication sent by us satisfy any legal requirement including and not limited to the requirement that such communication should be in writing.

14.3

Any other communication to you may be sent via the method of communication selected by you on the LiveLife Programme application form and updated by you from time to time.

15 GENERAL

15.1

Apart from the fact that it is possible to link an instruction to a specific account, it is not possible to verify the actual originator, and you therefore authorise us to act on any instruction purporting to originate from you even if it transpires that both you and us have been defrauded by someone else, unless you have informed us to the contrary prior to us actioning a transaction.

15.2

No failure, delay, relaxation or indulgence on our part in exercising any power or right conferred upon us under these terms and conditions will operate as a waiver of such power or right nor will such failure, delay, relaxation or indulgence be deemed to be part of any of these terms and conditions.

15.3

You may not cede, delegate or otherwise transfer any rights or obligations arising from these terms and conditions without our prior approval, which approval will be given at our sole discretion.

15.4

If any of these terms and conditions are found to be invalid or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will remain of full force and effect, and we will be entitled to vary and update all terms and conditions relating to the LiveLife Programme.

15.5

Each time you use the LiveLife Programme the version of the terms and conditions current at that time will apply to that transaction.

15.6

You hereby acknowledge that you have familiarised yourself with the current terms and conditions, which will be displayed on our website and which will in addition be hosted by our call centre.

16 REPORTING LOST OR STOLEN CARD

Should your LiveLife card be lost or stolen, notify the LiveLife Call Centre on 0861378886. A new card can be obtained from any participating LiveLife partner. The current card balance will be transferred to your replacement card.