1.1. This user agreement (“the Agreement”) is an agreement between you and Food Lovers Holdings (Pty) Ltd (“the Company”). The Agreement governs your use of the Food Lover’s FIRST (“the App”).
1.2. You will be required to accept this Agreement when you enter the “My Account” section of the App and provide your personal details for use in the My Account feature within the App (“Account Information”). Completing the My Account section allows you to use the features described in Section 2 below. Should you decline acceptance of this Agreement these aspects of the App will not be available to you
1.3. By using the App you agree that you have read and understood the terms and conditions of this Agreement and you acknowledge that these terms and conditions shall apply to you.
1.4. We reserve the right to amend, modify, update and change any of the terms of this Agreement at any time without notice to you. We advise you to check for updates on a regular basis as your continued use of the App will be deemed as an acceptance by you of any amendments, modifications, updates or changes made to the terms of the Agreement.
The features of the App allow you to:
- register and/or log into Food Lover’s FIRST (the ‘App’); and
- earn and redeem rewards for your purchases by scanning a QR code on the point of Sale machine in store; and
- pay using the payment card details stored in the My Account section of the App
3.1. Your Account Information details will be sent to a Zapper server. Zapper will not store any passwords or payment information except locally on your device.
3.2. When you use the Scan-to-Pay feature, we will send your Account Information (including, where applicable, your encrypted payment card details) from a Zapper server to a merchant server or to the applicable third-party payment services provider.
5.1. The App gives you the opportunity to choose a password to authorise a payment (“the Password”).
5.2. As long as the correct Password is entered (or if you elect not to use a password), we will assume that you are the person giving instruction and making payments and you will be liable for such payments, except to the extent provided for in Section 11(2). You are therefore responsible for choosing a secure Password that is not easily guessed by another parson, keeping the Password secret and making sure that it is not stored in a way that enables others to access it or impersonate you. Should you disclose the Password to any other person who you authorise to access the App, you remain responsible and liable to any access, use, misuse or disclosure of the Password by such person.
5.3. Should you become aware of a payment made via the App that was not authorised by you (“Unauthorised Payment”) or should you lose the device on which the App is installed, disclose your Password to a person unauthorised by you or believe that someone else can use the App by impersonating you, you should inform us immediately by emailing email@example.com and we will disable the payments feature of the App until you re-enter your payment card details in the My Account section of the App. Unless and until you provide such notice:
5.3.1. you will be responsible for any instruction which we receive and act on, even if such instruction was not given by you; and
5.3.2. we will not be responsible for any unauthorised access of your Account Information.
5.4. We can refuse to act on any instruction, including where we believe an instruction or carrying out an instruction:
5.4.1. was unclear;
5.4.2. was not given by you;
5.4.3. might cause us to breach a legal duty;
5.4.4. is illegal; or
5.4.5. may harm our reputation.
5.1. We do not charge you to use the App. However, your mobile network operator may charge you to access the App and these charges may vary in you access the App abroad. You are responsible for any charges charged by your mobile network operator in connection with your use of the App.
5.2. You will use the cellular network and/or wi-fi connection of your mobile device to allow you access to the App. We cannot be held responsible for any interruption, disconnection, interception , distortion or monitoring of your cellular network or wi-fi service.
You may receive “push notifications” via our app which contain marketing materials. you will be asked whether you wish to receive these push notifications when you download and install the app. you do not have to accept such push notifications. if you do accept push notifications, you may disable these at any time via your device’s app settings and we will not send you any marketing communications via the app.
When you opt out of receiving push notifications, this will not apply to support and administrative emails we need to send to you from time to time regarding your use of the app including, for example, changes to our terms and conditions and polices, updates to our app and security alerts.
7.1. we may suspend or terminate you access to the app or to the features within the app without notice where:
- 7.1.1. for any reason we decide to discontinue to the provide the app;
- 7.1.2. your use of the app has been in any way improper or breaches this agreement;
- 7.1.3. we reasonably believe use of the app may be at risk of fraud or misuse;
- 7.1.4. our information technology infrastructure has failed, is experiencing outages or requires maintenance; or
- 7.1.5. we are ordered to do so by an order of court or a relevant regulatory authority.
- 8.1. in utilizing the app, you may not:
- 8.1.1. copy or reproduce all or any part of the app;
- 8.1.2. alter, modify or adapt all or any part of the app;
- 8.1.3. remove or tamper with any copyright notice attached to or contained within the app; or
- 8.1.4. carry out reverse engineering of the app.
- 8.2. you represent and warrant to us that:
- 8.2.1. all personal information that you provide to us to register and access the app is true and accurate in every respect and you will keep all such personal information updated at all times during the terms of this agreement.
- 8.2.2. you will only use the app for your own purposes and not on behalf of any other person or entity;
- 8.2.3. you will not use the app, directly or indirectly, for any fraudulent undertakings or in any manner so as to interfere with the functionality of the app.
- 9.1. we hereby grant you the non-exclusive, non-transferable right to use the app, including the copyright and all intellectual property therein, in connection with the app and in accordance with this agreement.
- 9.2. the app and all content derived from the app is protected by copyright and/or other intellectual property rights. you hereby acknowledge that by using the app you obtain no rights in the software, trade marks or content related to the app any you may only use the app in accordance with this agreement.
- 10.1. The App is made available to you “as is” and we make no warranty or representation, whether express or implied, in relation to the quality, fitness for purpose, completeness or accuracy of the service offered through the App.
- 10.2. We make no warranty that the operation of the App will be uninterrupted, timely, secure or error-free, that defects will be corrected or that the software or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy and reliability of the materials therein.
11.1. this section 11 set out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of:
- 11.1.1. any breach of this agreement;
- 11.1.2. any use made by you of the app or any part of it; and
- 11.1.3. any representation, statement or act or omission arising under or in connection with this agreement.
11.2. in the event of an unauthorised payment, we will at your request refund the unauthorised payment, except in the following circumstances (in which circumstances you shall remain solely liable for all losses):
- 11.2.1. if you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of the app after you have gained knowledge of such event, in which case you shall remain liable for losses incurred up to the date of that you notify us of such event;
- 11.2.2. if you have compromised the security of the app with intent or negligence; or
- 11.2.3. if you fail to dispute and bring the unauthorised payment to our attention within 30 (thirty) days from the date of the unauthorised payment.
11.3. we accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from your access or use of the app.
11.4. we shall not liable to you for any modification to, suspension of or discontinuation of the app.
You agree, to the extent permitted by law, to in indemnify us against any loss of damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of the app.
When you use the app or send e-mails to us, you are communicating with us electronically. by registering for the app and accepting the terms of this agreement, you affirmatively consent to receive notices electronically from us. we may provide in electronic format all communications including, without limitation, agreements related to the app, amendments or changes to such agreements or any applicable policies, disclosures, notices, payment information, statements, responses to claims and other customer communications that we may be required to provide to you by law (“the communications”). communications may be posted to the app and sent by e-mail to the email registered in your account information. all communications will be deemed to be in writing and received or accessed by you. you are responsible for printing, storing and maintaining your own records of communications, including copies of this agreement.
14.1. we aim to delight our customers with our rewards app but if our product fails to live up to your expectations, please contact us on firstname.lastname@example.org or via our online form.
14.2. please include the following details:
- 14.2.1. your full name
- 14.2.2. mobile number
- 14.2.3. email address
- 14.2.4. location and description of the service feature or transaction which is the cause of your complain
- 14.2.5. the complaint
- 14.2.6. if the complaint relates to a particular store, please advise which store
- 14.2.7. if the complaint does not relate to a particular store, please advise us your nearest store, as it may assist us in providing you with a resolution
14.3. within 24 hours of receiving your complaint, the customer care team will address it. if it is a problem they can assist with directly, you will receive feedback within that 24 hours.
14.4. should your complaint require feedback from another stakeholder within our business or the app developers, please expect a response within 72 working hours.
14.5. if you are not satisfied with the response you have received, you can simply mail us back and the complaint will be escalated.
- 15.1. we reserve the right to modify or terminate the app at any time, without notice, and we will not be liable to you as a result of any such action.
- 15.2. if any part of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this agreement and shall not affect the validity and enforceability of any of the remaining provisions of this agreement in such case, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
- 15.3. any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. no failure to exercise or delay in exercising any right or remedy provided under this agreement shall constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.
- 15.4. unless otherwise expressly stated, nothing in this agreement shall create or confer any rights or any other benefits to third parties.
- 15.5. this agreement contains the entire agreement between you and us relating to its subject matter. you confirm that, in agreeing to accept this agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this agreement.
- 15.6. this agreement is personal to you and you may not cede and assign any of your rights and obligations to any third party. any cession and assignment in violation of this provision shall be void and shall be of no effect. we reserve the right to transfer, assign, sublicence or pledge this agreement, in whole or in part, to any person without notice and you will be deemed to consent to such cession and assignment.
- 15.7. in this agreement and unless otherwise stated, “we”, “us” or “our” refers collectively to the company and its subsidiaries, directors, officers, employees, agents and contractors.
- This agreement and any dispute or claim arising out of or in connection with it shall be governed by the laws of the republic of south africa.
If you have any questions relating to this agreement or the app, please contact us through the following channels:
tel: 086 000 7728
Any legal notices or service of process arising from this agreement must be delivered to us at the following address:
Food Lover’s Market Group Head Office
Brackengate Business Park
20 London Circle
Food Lover’s Market Group Privacy Notice
The purpose of this notice is to explain to you:
- Who we are.
- How we use your personal information and why.
- What personal information we collect from you and how we collect it.
- Who we share your personal information with.
- What your rights are with regard to the personal information that we have about you.
- How we safeguard your personal information.
- How long we store your personal information.
- How to contact us.
This notice may change from time to time to accommodate changes in our business or services or if legal requirements change.
In this notice, “food lover’s market”, “food lover’s market group”, “we” or “us” refers to food lovers holdings (pty) ltd and any one or more of its subsidiary companies.
We will only use your personal information for the purpose for which we collect it as listed below:
- To send you information on promotions, specials and recipes offered by the Food Lover’s Market Group.
- To enable you to access our [name of App] App and utilise the features of our App.
- To assist in resolving your customer queries and complaints.
- To select a competition winner from all competition entrants.
- We collect personal information from you when you subscribe to receive information on promotions, specials and competitions from us. The type of personal information that we collect includes your name, contact number, email address, province you live in and nearest store.
- We collect personal information from you when you download and subscribe to the [name of App] App. The type of personal information that we collect includes your name, contact number, email address, bank account and payment card details.
- We collect personal information from you when you enter any promotional competitions offered by the Food Lover’s Market Group. The type of personal information that we collect includes your name, telephone number and email address.
- We collect personal information from you when you complete and submit a subscription form via our social media channels such as Facebook, Instagram and Twitter. The type of personal information that we collect includes your name, telephone number and email address.
- We collect personal information from you when you use our website. This information is used by Google Analytics to improve our users’ experience and to offer more content that is well-received. Like all websites, the type of personal information that we collect includes the URL you came from, IP address, domain type, browser type, the country and telephone code where your device is located, the web pages viewed during your visit and any search terms you entered on our website.
- We collect personal information from you when you contact our Customer Care Department. We collect information that helps us to categorise your query, respond to it and, if applicable, investigate what went wrong. The type of personal information that we collect includes your name, telephone number, email address, store that you shopped at and product that you purchased.
- We use a Facebook generated pixel on our website that tracks whether you are a Facebook user and have visited our website. We use this to create customer target audiences on Facebook.
- We do not collect personal information of persons under the age of 18 without the consent of their parents or guardians. If you are under the age of 18 you must not provide personal information to us without the consent of your parents or guardians.
- We do not collect any Special Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
we may share your personal information with our service providers who are involved in the delivery of services to you. we have agreements in place to ensure that they comply with these privacy terms. we may share your personal information with:
- Third party service providers as described above; and
- Other companies in the Food Lover’s Market Group when we believe it will enhance the services and products we can offer to you, but only where you have not objected to such sharing.
we may also disclose your personal information:
- Where we have a legal duty or a right to disclose such personal information in terms of law or industry code; or
- Where we believe it is necessary to protect our rights.
we may need to transfer your personal information to another country for processing or storage. we will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
you have the right to:
- Ask what personal information we hold about you;
- Ask us to update, correct or delete any out-of-date or incorrect personal information that we hold about you;
- Unsubscribe from any direct marketing communications we may send you; and
- Object to us processing your personal information in any way.
please contact our customer care department should you wish us to attend to any of the above:
customer care department line: 086 000 7728
customer care e-mail: email@example.com
while we have implemented reasonable security safeguards to protect the personal information we hold about you, we cannot guarantee that your personal information will not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguard.
in the event that we believe that the security of your personal information is compromised, we will seek to notify you of such a breach.
we will only retain your personal information for so long as we reasonably need to use it for the purposes set out in this notice, unless a longer retention period is required by law.
if you have questions about this notice or believe we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please contact us at the following number/address:
customer care department line: 086 000 7728
customer care e-mail: firstname.lastname@example.org
by providing us with your personal information you consent to us processing and further processing your personal information as and when required, provided that we will always ensure that such processing is done in a lawful and legitimate manner and in line with this notice.