The Food Lover's Family Loyalty Programme ("the Programme") is operated by Food Lovers Holdings (Pty) Ltd (registration number 2015/365671/07) ("we", "us", "our"). Our registered address for service is 20 London Circle, Brackengate Business Park, Brackenfell, 7560.
The Programme is free to join. It gives you loyalty-member prices on selected products and automatic entry into competitions from time to time. It has no points or other stored value. These Terms and Conditions ("terms") explain how the App and Programme works, the information we collect and use, what obligations are placed on you and where our liability to you is limited.
If you have any questions about these terms and conditions or the Programme, contact us through the support function in our mobile app ("the App"), or by emailing Customer Care at customercare@fvc.co.za.
By signing up as a member of the Programme, or by using your loyalty card or the App, you agree to these terms and conditions, and you consent to us processing your personal information as described in clause 8 and in our Privacy Notice, available in the App.
1. About the Programme
The Programme is a free loyalty programme. As a member you get:
- Member prices and promotions, including discounts and promotions on selected products, available only to members;
- Automatic entry into selected competitions, including instant-win competitions, when you shop at participating stores with your loyalty card or number.
The Programme does not award points, credits, cashback or any other stored value. Your membership and your loyalty card have no monetary value, cannot be exchanged for cash, and do not entitle you to any balance of any kind.
Membership is free. There is no joining fee, subscription or other charge.
The Programme is available at participating stores in South Africa, Namibia, and on the App.
2. Who can join
To join the Programme you must:
- be 18 years or older;
- have a valid government-issued ID number or a valid passport number; and
- provide your name, ID or passport number, and mobile number. You may also provide an email address if you choose.
Only one membership per person is allowed.
We may decline, suspend or withdraw a membership as set out in these terms.
3. Joining, your card and the App
You can pick up a card in store, download the App, and register. The App shows your loyalty card, and your loyalty savings, and lets you manage your account, personal details and marketing choices. It is free to use, it remains our property, and we ask you to use it lawfully.
To join, pick up a loyalty card at a participating store, download the App, and register by entering your details and scanning your card to link it to your profile. As part of registration, we will send a one-time PIN to your mobile number to confirm that it is yours. At some participating stores, our staff can also help you register at an in-store terminal if you do not have a smartphone.
Your loyalty number is the number on your loyalty card. Once you have registered, it is also available in the App.
Your loyalty card is issued by us and remains our property. It is not a credit, debit or payment card and cannot be used as one.
Your membership, card and loyalty number are personal to you and may not be transferred, shared, sold or used by anyone else. Benefits apply to the named member only.
If your card is lost or stolen, let us know through the App or Customer Care and we will deactivate it and link a replacement to your profile.
Keep your App login details safe. You are responsible for activity on your profile until you tell us something is wrong.
Please keep your contact details up to date in the App. We send benefits and important notices to the details on your profile, and cannot reach you at details we do not have.
You can browse the App before you register, but you need a registered membership to receive benefits.
To use the App you need a compatible smartphone and an internet connection. From time to time, you may need to install an update for the App.
We may change, add, suspend or remove App features from time to time, for reasons of maintenance, security or to expand and improve functionality. We make reasonable efforts to keep the App available, but we cannot promise that it will always work without interruption.
The App and its content, including our names, logos, artwork and product images, belong to us or our licensors. We give you a free, personal, non-transferable licence to use the App for the Programme. You may not copy, change, sell or distribute the App or its content.
When using the App, you must not:
- use it for any unlawful purpose;
- interfere with it, or try to access other members' profiles or our systems without permission;
- reverse engineer, take apart, or scrape the App or its data;
- introduce viruses or other harmful code;
- use automated tools to interact with it.
We may suspend or end your membership if you use the App contrary to these Terms.
4. Using your membership
To get a member benefit, scan your card or give your loyalty number at the till before you pay.
Benefits cannot be applied to a purchase after it has been completed. If you did not use your card or number in a transaction, that transaction does not count for the Programme and is not eligible for any benefits.
Member benefits depend on our systems being available at the time of your purchase. If our systems are offline, a benefit may not be applied.
By registering in the App or using your loyalty number to receive benefits you acknowledge that you meet the eligibility requirements above and that you have read and understood these Terms and Conditions and agree to be bound by them. You must not use the App or Programme if you do not agree to these Terms.
5. Member prices and promotions
Member prices and promotions displayed in the App or in store apply only to selected products, for the advertised period, and at participating corporate stores.
Available promotions may differ between stores and regions, and not every promotion is available everywhere. We will try to ensure that the App shows you promotions applicable to your region, but please confirm in the relevant store.
Member prices and promotions are available while stocks last. We make reasonable efforts to keep enough stock of promoted products to meet demand, but we cannot guarantee availability of a specific product at a specific store.
Member benefits cannot be exchanged for cash, transferred or sold, and cannot be combined with other discounts, promotions or offers unless we expressly say otherwise.
Although we take care to avoid pricing errors in store, on the App and in our advertising, errors may occur from time to time. Where an error occurs we will correct it as quickly as reasonably possible.
The App may show your loyalty savings, the total discounts and benefits applied to your purchases with us since you joined. This savings total is for information purposes only and has no monetary value.
6. Competitions
As a loyalty member you are automatically entered into selected competitions when you meet the entry requirement, such as shopping at a participating store or buying a participating product during the competition period. Entry is always free. Each competition has its own rules, which will be made available on the Food Lover's Market website or in store.
Members are automatically entered into selected competitions when they meet the entry requirement for that competition, such as shopping in a particular store or purchasing a product or set of products.
Each competition has its own competition rules and terms. Those rules are published before the competition starts and are available on the Food Lover's Market website or in store. The competition rules govern that competition and apply in addition to these terms.
Entry into competitions is free, and no product costs more because a competition is running on it.
Prizes cannot be exchanged for cash or transferred, unless the competition rules say otherwise.
7. Returns and refunds
Our normal returns and refunds policy applies to everything you buy, whether you used your loyalty membership or not.
If you return a product, you will be refunded the price you actually paid, as shown on your till slip.
Returns of products won in a competition are dealt with in the relevant competition rules.
8. Your personal information
We ask for some personal information when you join the Programme. We use this information to register your account and to manage the Programme. This includes identifying you as a member at the till, applying member prices, running competitions, and keeping the records the law requires. We do not sell your information, and we do not share it with third parties for their own marketing. As a member you will receive marketing and offers from us unless you opt out. You can use the App settings to opt out at any time, free of charge, with no negative effect on your loyalty benefits.
What we collect. To operate the Programme we collect and process:
- Sign-up information, including your name, ID or passport number, mobile number, and email address if you give one;
- Transaction information, including your loyalty card or number, what you bought, when and at which participating store, the price you paid, and the benefits received;
- Programme records, including your membership status, total loyalty savings, competition entries and wins, and your communications with us.
We do not link your payment card to your membership, and we do not track your shopping in transactions where you did not use your loyalty number.
Why we use it, and on what basis. We process your information:
- To run the Programme and to identify you, apply member prices, enter you into and run competitions, deliver prizes, and communicate with you about your membership (the service messages in clause 9.1). This processing is necessary to provide the Programme to you under these terms: without it, the Programme cannot work.
- To meet our legal obligations, including keeping the competition records required by the Consumer Protection Act and its regulations, and tax and accounting records.
- To protect the Programme and our members, to detect and prevent fraud, abuse and manipulation, to enforce the one-membership rule, and to secure our systems.
- For marketing, unless you opt out. As an existing member of the Programme, we may send you marketing about our own products, services and promotions, and analyse your shopping to choose the offers we send you and improve our product and service offering. You can opt out when you join, and at any time under clause 9.2. If you opt out, we stop using your information this way, and your member prices and other core benefits are unaffected.
Who we share it with. We share your personal information only with:
- Our approved service providers, a closed list of providers who host, build and operate the Programme's systems and send our communications. They act on our instructions, only to the extent necessary to run the Programme.
- Companies in our group, other companies within Food Lovers Holdings.
- Competition sponsors and partners, where a supplier sponsors or funds a promotion or competition, we may share aggregated or de-identified analytics about it.
- Authorities and others where the law requires it, such as transaction records or as an audit trail for regulators.
We do not sell your personal information, and we do not share it with third parties for their own marketing.
Our Privacy Notice, available in the App, explains further what we collect, how we use and protect it, who we share it with, how long we keep it, and your rights, including how to access, correct or delete your information, and how to complain to the Information Regulator.
You may request to delete your account and we will remove any identifying information linked to you. If you ask us to delete your information, we will no longer be able to provide the Programme to you, and some records must be kept for as long as the law requires.
9. Communications and marketing
We will send you service messages about your membership, for example, sign-up confirmation, win notifications, security notices and changes to these terms.
As a member, we will also send you marketing about our products, promotions and offers, unless you opt out. These offers may be chosen based on your shopping with us, as described in clause 8.2.4. You can opt out of marketing when you sign up, and at any time afterwards, free of charge, using the opt-out settings in the App or messaging.
Opting out of marketing does not affect your membership or your member prices. It does mean we cannot tell you about offers.
10. Changes to the Programme and these terms
We may amend these terms and conditions, and may change the benefits offered under the Programme, from time to time.
We will notify members of amendments through the App. The current version, with its date of last amendment, is available in the App.
If you continue to use your membership after an amendment takes effect, you are deemed to accept the amended terms. If you do not agree with an amendment, you may end your membership at any time.
11. Ending your membership
You may end your membership at any time, free of charge, through the App.
We may suspend or end your membership where we have reasonable grounds to believe there has been fraud, abuse or manipulation of the Programme, a breach of these terms, materially false information provided, or where the law requires it. We will notify you if we do this.
When your membership ends, your card and loyalty number stop working. Because the Programme holds no points or stored value, there is nothing to forfeit.
12. Disclaimers and liability
The Programme is free, subject to change, and our responsibility under it is limited. This clause limits our liability, please read it.
We will operate the Programme with reasonable care and honour member benefits as described.
We are not responsible for a benefit that is not applied because our systems or a store's systems were unavailable at the time of your purchase, because your card or number was not scanned or given before payment, or because of events beyond our reasonable control.
To the extent permitted by law, we will not be liable to you for any indirect, special, or consequential loss or damages arising from your access to or use of the App or the Programme.
If we are liable to you in connection with the Programme, our liability is limited to the value of the member benefit concerned.
Nothing in these terms limits or excludes our liability for fraud or gross negligence, for death or personal injury caused by our negligence, or for anything else that cannot lawfully be limited or excluded. Nothing in these terms takes away any right you have under the Consumer Protection Act or any other law.
13. Complaints
If something goes wrong or you are unhappy with the Programme, contact us through the support function in the App or by email to Customer Care at customercare@fvc.co.za.
14. Intellectual property
All rights, including copyright, trade marks, and other intellectual property rights in the App and Programme are owned by, or licensed to, us. This includes names, logos, text, images, and all trade and service marks (whether registered or unregistered).
We and our licensors retain all rights in and title to the intellectual property. You are granted a limited, personal, non-exclusive, non-transferable and revocable licence to use the App as set out in these Terms.
You may not copy, reproduce, modify, distribute, or exploit any part of the App or intellectual property embodied therein without our express consent, and any such unauthorised activity shall constitute infringement of our intellectual property.
15. General
These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction over any dispute in connection with them.
We may transfer our rights and obligations under these terms to another company in our group or a successor, provided your rights are not reduced. You may not transfer your membership or any rights under these terms.
If any part of these terms is found to be invalid or unenforceable by a court of law, that provision will be severed but the remaining provisions will remain of full force and effect.
No leniency or failure to enforce a provision of these Terms will constitute a waiver or limitation of any of our rights.