Terms & Conditions
DEFINITIONS AND INTERPRETATION
Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in these terms and conditions, bear the meanings ascribed to them.
"Effective Date" in respect of each Member, means the date on which that Member is assigned a Legacy Lifestyle Account by Legacy following the process set out in clause 3 below;
"Legacy Lifestyle" means Legacy Lifestyle (Proprietary) Limited, a limited liability company established under the laws of the RSA, with registration number 2000/029614/07
"Legacy Lifestyle Programme" means the lifestyle programme established by Legacy Lifestyle for purposes of providing the Loyalty Benefits to Members;
"Lifestyle Rands" means the Legacy Lifestyle Programme "currency", earned by a Member for Transactions effected by a Member from time to time;
"Legacy Lifestyle Account" means a virtual account that is assigned to each Member and managed by Legacy Lifestyle for the purposes of the Member accessing and enjoying Loyalty Benefits;
"Legacy Lifestyle website” means www.legacylifestyle.co.za and Legacy Lifestyle associated website means any website owned and operated by Legacy Lifestyle, where a Member is able to carry out a Transaction, including www.lifestyletravel.co.za and www.ilifacollective.com;
"Legacy Lifestyle App” means the Legacy Lifestyle owned and operated mobile phone application, as updated from time to time, which is available for free download from the Apple or Google Stores;
"Lifestyle Partner" means those merchants and/or suppliers and/or service providers approved and appointed by Legacy Lifestyle, in its sole and absolute discretion from time to time, to participate in the Legacy Lifestyle Programme, as partners for purposes of providing the Loyalty Benefits;
"Loyalty Benefit(s)" means the benefits that a Member is entitled to enjoy, including the ability to earn and redeem Lifestyle Rands for goods and services, to access any bonuses, special rates, offers, exclusive access to product launches and any other incentives that may be offered by any Lifestyle Partner and/or Legacy Lifestyle, from time to time, including accommodation and other travel benefits;
"Member" means any person who has registered as a Member of the Legacy Lifestyle Programme, in accordance with these terms and conditions and has been assigned a Legacy Lifestyle Account as set out in clause 3 below;
"Member Profile” means the information contained in a Member’s Legacy Lifestyle Account, which shall include the Member’s mobile phone number, first name, surname, identity number, email address and any other information required by Legacy Lifestyle from time to time, for the purpose of administering The Legacy Lifestyle Programme. If a Member’s Profile is not fully completed with the required information, then the Member’s ability to take up certain Loyalty Benefits, including spending Lifestyle Rands, will be restricted;
"Parties" means each of Member and Legacy Lifestyle and 'party' means any of them as the context may require;
"RSA" means the Republic of South Africa;
"Transaction" means any transaction undertaken by a Member, or that takes place on a Member’s account, on any Legacy Lifestyle website, on any Legacy Lifestyle e-commerce platform, at any shop, outlet, or store, owned, operated or managed by Legacy Lifestyle, or a Lifestyle Partner including without limitation any earn, refund or reversal of payment or other fees and charges levied by Legacy Lifestyle in respect of products and/or services provided to Members, from time to time; and
"Transaction Fee” means the fee charged by Legacy Lifestyle to the Member for the Transaction.
Unless the context clearly indicates a contrary intention:
- an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa;
- where any term is defined within a particular clause, other than the definition clause, that term shall bear the meaning ascribed to it in that clause wherever it is used in these terms and conditions.
Should any provision in a definition be a substantive provision conferring rights or imposing obligations on any party, then effect shall be given to that provision as if it were a substantive provision in the body of these terms and conditions.
Any reference to an enactment, regulation, rule or by-law is to that enactment, regulation, rule or by-law as at the Effective Date, and as amended or replaced from time to time.
When any number of days is prescribed, such number shall exclude the first and include the last day.
Any schedule or annexure to these terms and conditions shall form part of these terms and conditions. Should there be any conflict between these terms and conditions and any annexures or schedules hereto, the provisions of these terms and conditions shall prevail.
The use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the agreement shall not apply nor shall these terms and conditions be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the drafting or preparation of these terms and conditions.
Recordals shall be binding on the parties and are not merely for information purposes.
2. INTRODUCTION
Legacy Lifestyle has established a lifestyle and loyalty programme for its customers and the general public, in terms of which it offers and provides Loyalty Benefits to those customers and persons who join the Legacy Lifestyle Programme as Members.
These terms and conditions form the basis of operation of the Legacy Lifestyle Programme and are intended to regulate the relationship between Members and Legacy Lifestyle.
It is the Member's responsibility to read and understand these terms and conditions and to access the Legacy Lifestyle website from time to time which website will reflect any amendments additions, deletions or variations ("amendments”) to these terms and conditions
Every Member is subject to these terms and conditions and any amendments thereto and is deemed to have read and unconditionally accepted these terms and conditions and any amendments thereto which shall be binding on Members from the day when they appear on the Legacy Lifestyle website.
These terms and conditions shall form the sole basis of the relationship between Legacy Lifestyle and any Member and no other undertaking, implied or otherwise shall govern the relationship between Legacy Lifestyle and any Member(s).
Members may not join together to form a class of Members for the purposes of any litigation against Legacy Lifestyle or a Legacy Lifestyle Partner.
These terms and conditions supersede any previous terms and conditions and shall be the sole terms and conditions applicable to the relationship between the Member and Legacy Lifestyle relating to the Legacy Lifestyle Rewards Programme.
3. Eligibility, Registration and Participation:
Legacy Lifestyle shall be entitled, in its sole and absolute discretion, to determine who is eligible to become a Member of the Legacy Lifestyle Programme.
Subject to these terms and conditions, any person ("an applicant”) can apply to become a Member in any of the following ways, by ?
- logging onto the Legacy website (www.legacylifestyle.co.za) and completing and submitting the online application form;
- downloading the Legacy Lifestyle App and completing and submitting the Member Profile section in the App;
- entering their correct mobile phone number into a Legacy Lifestyle approved terminal at a Legacy Lifestyle Partner, and thereafter following the registration instructions sent to their mobile phone by Legacy Lifestyle;
- completing an application form at any Legacy Lifestyle Partner point of sale or check out point;
- completing an application form at a touch screen operated by Legacy Lifestyle at any Legacy Group owned or managed hotel or resort, where applicable; or
- signing up with any authorised Legacy Lifestyle sales representative.
After the completion of the registration process, as set out herein, Legacy Lifestyle will authenticate the applicant’s details. Only once the applicant has been authenticated by Legacy Lifestyle will that person, at the sole discretion of Legacy Lifestyle, be accepted as a Member and be allocated a Legacy Lifestyle Account.
No person other than a Member shall be entitled to participate in the Legacy Lifestyle Programme.
Any person whose membership has in the last 2 years been terminated or cancelled by Legacy Lifestyle for default and/or breach of these terms and conditions, shall not be eligible to become a Member of the Legacy Lifestyle Programme.
Each Member acknowledges that:
- they are aware that Legacy Lifestyle has contractual arrangements with Lifestyle Partners in respect of the Legacy Lifestyle Programme, but that it is at all times within Legacy Lifestyle’s sole and absolute discretion whether or not and in what manner it enforces any of its rights in terms of any such contractual arrangements; and
- they have no rights against Legacy Lifestyle if a Lifestyle Partner in any manner breaches its contractual obligations to Legacy Lifestyle or refuses to grant that Member any Loyalty Benefits or grants a Loyalty Benefit different to which the Member expected.
- the Member will be eligible to participate in any competitions arranged or organized by Legacy Lifestyle and/or the Lifestyle Partners pursuant to or in connection with the Legacy Lifestyle Programme ("Competition”) , provided that no employees of Legacy Lifestyle or the Lifestyle Partner/s (or their immediate families) shall be eligible to enter into any Competition. Prizes awarded in terms of a Competition and/or the Legacy Lifestyle Programme are not transferable and have no monetary exchange value and may not be converted to cash.
4. EARNING LIFESTYLE RANDS:
Lifestyle Rands may only be earned and accumulated from the Effective Date. Legacy Lifestyle will not be obliged to award Lifestyle Rands for Transactions effected prior to the Effective Date.
A Member can only earn Lifestyle Rands at a Lifestyle Partner.
Subject to these terms and conditions, Lifestyle Rands will be accumulated directly to a Member's Legacy Lifestyle Account as soon as the Transaction has been processed by Legacy Lifestyle’s accounting systems.
The Member agrees that Lifestyle Rands are neither negotiable, nor transferable. However, Lifestyle Rands may be transferred between immediate family members, subject to Legacy Lifestyle's prior approval and only in accordance with the applicable provisions set out in these terms and conditions.
A Member may not sell, issue, exchange, barter or redeem Lifestyle Rands for cash or any other consideration of any kind.
Lifestyle Rands may take up to 30 days from the date of a Transaction to be allocated to a Member and reflect in that Member's Legacy Lifestyle Account after which a Member will be entitled to redeem the Lifestyle Rands on the terms and conditions set out herein. In the event that Lifestyle Rands are not reflected within this period, the Member must contact Legacy Lifestyle requesting the relevant Lifestyle Rands to be credited. If Legacy Lifestyle receives no written objection concerning the allocation of Lifestyle Rands within 7 days from the expiry of the 30-day period, any Transaction and allocation of Lifestyle Rands reflected in a Member’s Legacy Lifestyle Account shall be deemed to have been approved and ratified by the Member.
Lifestyle Rands may be transferred into, or used to purchase a gift voucher ("Voucher”) via the Legacy Lifestyle Member’s dashboard on the Legacy Lifestyle website or via the Legacy Lifestyle App.
A Member will earn Lifestyle Rands as a percentage back on the total value of each earn Transaction at a Legacy Lifestyle Partner. This percentage may vary from partner to partner.
A Member shall bear all risk for any Loyalty Benefit earned or any Voucher received through the Member’s use of the Legacy Lifestyle Programme and to the extent that there is any dispute regarding any Loyalty Benefits or Voucher, such dispute must be settled directly between the relevant Lifestyle Partner providing such Loyalty Benefit and the Member.
In the event that a Loyalty Benefit or Voucher is lost, stolen, destroyed or otherwise cancelled by any law, government action or any other event beyond the control of Legacy Lifestyle, Legacy Lifestyle shall not be liable in any way to replace such Loyalty Benefit or Voucher, or to reimburse the Member with the equivalent number of Lifestyle Rands as were redeemed for such Loyalty Benefit or for the purchase of the Voucher.
Loyalty Benefits are subject to availability and in accordance with such restrictions, limitations, rules, procedures, charges or exclusions as may be applicable in respect thereof from time to time. The Member shall be solely responsible to ensure that the Member is familiar with the Loyalty Benefit terms and conditions, of all Lifestyle Partners and for any cost, charge or expense incurred pursuant to the redemption of Lifestyle Rands in terms of the Legacy Lifestyle Programme. The Member shall be bound by any third party’s terms and conditions attaching to any Loyalty Benefits.
Legacy Lifestyle provides no guarantees, warranties or representations regarding Lifestyle Partners, their agents, employees or directors, their status, eligibility, processes, products, Loyalty Benefits, performance, services, systems or otherwise howsoever and the Member agrees that all risk relating to the Lifestyle Partners participation in the Legacy Lifestyle Programme shall be borne by the Member.
The number of Lifestyle Rands required for a Loyalty Benefit may be varied from time to time by Legacy Lifestyle and its Lifestyle Partners in their sole and absolute discretion.
Members will not in any way be precluded, limited, blocked, restrained or prohibited from enjoying any of the Loyalty Benefits, save for where expressly stipulated in these terms and conditions.
PLEASE NOTE: Legacy Lifestyle reserves the right, at its election, to refuse to record or honour and to cancel, suspend or reverse any Lifestyle Rands earned, or accumulated, if:
- the Lifestyle Rands were awarded in error and/or accumulated by the Member
as a result of fraud or pursuant to any illegal, ineligible or unauthorized Transaction;
- a Transaction has not been paid in full by the Member,
- a Transaction(s) has/have been reversed;
- the Member's participation in the Legacy Lifestyle Programme is cancelled or revoked under these terms and conditions;
- the participating Lifestyle Partner does not pay over to Legacy Lifestyle the corresponding amount due in respect of the Lifestyle Rands earned at such Lifestyle Partner; and/or
- a Lifestyle Partner’s participation in the Legacy Lifestyle Programme is suspended or terminated and they continue to issue or accept Lifestyle Rands.
The Member must comply with the Partner Store's refund policy for any returns or refunds. Legacy Lifestyle will only refund Lifestyle Rands within 30 days of the original purchase but and will be governed by the Lifestyle Partner's refund policy should such policy be less than 30 days.
Any cancellation/reversal/blocking of Lifestyle Rands, will be reflected on the Member's Legacy Lifestyle Account. If Lifestyle Rands are cancelled, reversed, blocked or for any reason become void, the Member shall not be compensated therefore and such cancelled, reversed, blocked or void Lifestyle Rands shall not be capable of being redeemed.
There are no limits on the number of Lifestyle Rands that a Member can earn whilst a Member.
Lifestyle Partners may refuse to offer Loyalty Benefits on goods or services that are on promotion or have been discounted and Members will not earn Lifestyle Rands on such Transactions.
Legacy Lifestyle reserves the right to make certain products or services exempt from earning Lifestyle Rands.
Save as otherwise provided in these terms and conditions, Lifestyle Rands shall be valid for a period of 36 months from the date on which they are earned by a Member, at a Lifestyle Partner.
A Member shall not be entitled to reverse, exchange, barter, sell or claim any refund for any Loyalty Benefits or voucher, nor shall the Member be entitled to convert any Loyalty Benefits or voucher back into Lifestyle Rands, for any reason whatsoever, regardless of whether the Loyalty Benefits and/ or voucher has not been used or has expired.
5. REDEEMING LIFESTYLE RANDS:
A Member shall be entitled to redeem Lifestyle Rands earned and accumulated in respect of Transactions, for Loyalty Benefits, provided his/her Legacy Lifestyle Account is in good standing.
Lifestyle Rands may only be redeemed at a Lifestyle Partner, or via a Legacy Lifestyle online platform, including at www.legacylifestyle.co.za, www.lifestyletravel.co.za, and via the Legacy Lifestyle App.
A Member will only be able to redeem Lifestyle Rands on travel products and services by booking exclusively through the website www.lifestyletravel.co.za, or via www.legacyhotels.co.za, and only when a Member is logged in to their Legacy Lifestyle Account. A Member will not be able to redeem Lifestyle Rands on accommodation when booking through Legacy’s Central Reservations call centre or through any other means.
A Member shall not be entitled to countermand, cancel or amend any redemption request once received and/or processed by Legacy Lifestyle or a Lifestyle Partner, without Legacy Lifestyle 's prior written consent.
Lifestyle Rands may not be redeemed unless the Member has provided Legacy Lifestyle with the following information, either when registering as a Legacy Lifestyle Member or by updating their Legacy Lifestyle Account: Name, Surname, Identity number, valid email address and valid mobile phone number.
6. FEES:
Legacy Lifestyle shall be entitled to charge and recover from the Member a Transaction Fee in relation to every earn or redemption Transaction that is undertaken by a Member. The cost of such Transaction Fee will be communicated by Legacy Lifestyle from time to time, on the Legacy Lifestyle website by amending these terms and conditions. The Member hereby authorizes Legacy Lifestyle, at its discretion to debit the Member's Legacy Lifestyle Account with the applicable Transaction Fee(s) (inclusive of Value Added Tax) as applicable from time to time.
The current Transaction Fees structure is as follows:
- Legacy Lifestyle shall charge the Member 3 Lifestyle Rands as a Transaction Fee, whenever the Member elects to redeem their Lifestyle Rands for a earn Transaction and shall deduct this amount from the Member's accumulated Lifestyle Rands. Where a Member wishes to redeem all of their available Lifestyle Rands from their account, their account balance will not be permitted to exceed a balance beyond minus 3 Lifestyle Rands.
- The net Transaction Fee payable to a Member on an earn Transaction(s) shall be reflected on the Legacy Lifestyle website as a percentage of the purchase price for goods and services offered by Lifestyle Partners, to Legacy Lifestyle Members.
- When redeeming Lifestyle Rands, Lifestyle shall retain the full Loyalty Benefit as a Transaction Fee.
- Where a Member has not earned or redeemed Lifestyle Rands for a period of 3 consecutive months, Legacy Lifestyle shall have the right to levy an "Inactive Account Fee” of 6 Lifestyle Rands on the Member and deduct the Inactive Account Fee from the Member’s Legacy Lifestyle Account, at the end of the last month of inactivity.
7. TERMINATION:
Legacy Lifestyle may, at any time, for any reason at Legacy Lifestyle’s sole discretion, but on notice to the Member, terminate a Member's participation in the Legacy Lifestyle Programme, by providing the Member with notice via SMS to the mobile number provided by the Member, or, alternatively, to the email address provided by the Member. In such a case, the Member will have 30 days to spend any Lifestyle Rands that have been accumulated, unless ?
- Legacy Lifestyle believes that the Member's behaviour was inappropriate, constituted misconduct and/or is considered an abuse of the Legacy Lifestyle Programme;
- The Member has breached these, or any other, terms and conditions relevant to the Legacy Lifestyle Programme; or
- A fraudulent Transaction was conducted directly or indirectly by such Member, in which case, Legacy Lifestyle reserves the right and without prejudice to any of its other rights and remedies in terms of these terms and conditions and in law, to be exercised in Legacy Lifestyle's sole discretion, to
- Procure that that Member forfeits all Lifestyle Rands in the Member’s Legacy Lifestyle Account;
- Immediately terminate that Member's membership of the Legacy Lifestyle Programme;
- permanently disqualify that Member from accessing any Loyalty Benefits; and/or
- Reverse/cancel any Transaction relating to the aforementioned conduct and hold that Member liable for any value which that Member has received in terms of such conduct.
If Legacy Lifestyle terminates a Member's participation in the Legacy Lifestyle Programme, Legacy Lifestyle will not be liable for any damages of any nature whatsoever, suffered by the Member, or any third party.
Any Member may terminate their participation in the Legacy Lifestyle Programme on 30 days prior written notice to Legacy Lifestyle. Such notice must be sent via email and addressed to support@legacylifestyle.co.za
- Where a member elects to terminate their participation in the Legacy Lifestyle Programme, their current Lifestyle Rand Balance and any as yet unearned Lifestyle Rands shall automatically accrue to Legacy Lifestyle after the expiry of the 30 day notice period.
During the 30 day notice period, the Member may spend, donate or transfer his/her Lifestyle Rands to any other Legacy Lifestyle Account(s), failing which that Member will forfeit all the Lifestyle Rands in that Member's Legacy Lifestyle Account when it is closed.
Every Member accepts that Legacy Lifestyle may, in its sole and absolute discretion, from time to time amend, replace, withdraw or substitute the Legacy Lifestyle Programme or the terms and conditions relating thereto, or any part thereof, or suspend any of the Lifestyle Partners, without incurring any liability whatsoever to the Member, or any third party. Legacy Lifestyle shall give the Members notification of any such amendment, termination, withdrawal or substitution on its website (www.legacylifestyle.co.za) or through any other medium that Legacy Lifestyle may deem fit. No alteration or amendment of the Legacy Lifestyle Programme will affect the number of Lifestyle Rands that have been accumulated by a Member, at the time of such amendment taking place.
8. DIGITAL PLATFORMS
Legacy Lifestyle owns and operates a number of digital platforms, including our website (www.legacylifestyle.co.za) and the Legacy Lifestyle App, which is available for free download from the Apple and Google online stores. These digital platforms are designed to enhance your membership and use of the Legacy Lifestyle Programme.
By:
- applying to be a Member of the Legacy Lifestyle Programme;
- being a Member of the Legacy Lifestyle Programme;
- accessing our website; and/or
- downloading our mobile application
you agree to the terms and conditions contained herein and undertake to provide us with your correct information as set out in these terms and conditions and/or as requested of you for purposes of becoming and remaining a Member.
Where there is any conflict between the terms and conditions on any of our websites, and these terms and conditions, then these terms and conditions shall prevail.
9. CREDIT AND/OR DEBIT CARD ACTIVATION:
We offer our Members the ability to activate one or more of their credit or debit cards in order to earn Loyalty Benefits at selected Lifestyle Partners. When you activate your credit or debit card, we do not store your credit or debit card information on our systems. We allocate a unique, anonymised, and secure token to your Legacy Lifestyle Account and use that token for processing Transactions.
Credit or debit cards may be activated in the following ways ?
- in-store at a Lifestyle Partner, by swiping your credit or debit card through the Lifestyle Partner’s approved credit card terminal and following the instructions on the screen of the terminal;
- online, by logging in to your Legacy Lifestyle Account on the Legacy Lifestyle website (www.legacylifestyle.co.za) and following the instructions on our website.
Once your credit or debit card has been activated, you will be able to earn Loyalty Benefits each time you use that credit or debit card to pay for goods or services, including for online purchases, at a Lifestyle Partner.
By activating and using your credit or debit card at a Lifestyle Partner, or for online purchases via the Legacy Lifestyle website, or Legacy Lifestyle App, you hereby indemnify Legacy Lifestyle for any loss or damage (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether Legacy Lifestyle expressly advised you of the possibility of such loss or damage) arising as a result of activating and using your credit or debit card at a Lifestyle Partner, or online, via the Legacy Lifestyle website or Legacy Lifestyle App.
10. ONLINE PARTNERSHIPS:
We have entered into a number of partnerships to expand the Loyalty Benefits offered to our Members.
In addition to the other terms and conditions set out herein, the following terms and conditions apply specifically to our online partnerships.
- Lifestyle Rands converted to Dis-Chem Benefit Points, shall be governed by the terms and conditions of the Dis-Chem Benefit Points programme, once converted to Dis-Chem Benefit Points (www.dis-chem.co.za/benefitpoints);
- Nedbank customers are able to convert Greenbacks to Lifestyle Rands via a secure online portal. Once Greenbacks have been converted to Lifestyle Rands, the terms and conditions of the Legacy Lifestyle Programme, as set out herein, will govern all Lifestyle Rands converted from Greenbacks.
- Legacy Lifestyle Members are able to purchase Pick n Pay vouchers online, using credit cards, debit cards, or Lifestyle Rands for payment. Pick n Pay vouchers may only be redeemed in-store at a Pick n Pay branch.
- Legacy Lifestyle Members are able to purchase Spur vouchers online, using credit cards, debit cards, or Lifestyle Rands for payment. Spur vouchers may only be redeemed in-store at a Spur outlet.
The following terms and conditions apply to the purchase of all Nu Metro Movie Tickets-
- Movie ticket purchases which are made by credit card, debit card or Lifestyle Rands are non-refundable.
- Movie ticket voucher codes are for single use only.
- It is the responsibility of the Member to familiarize themselves with the vendors offering, venue changes and showing times as Legacy Lifestyle cannot be held responsible for any variations to these.
- Please note that movie ticket voucher codes are non-refundable
11. LIMITATION OF LIABILILTY:
Legacy Lifestyle will not be liable, unless attributable to gross negligence, for any loss or damage (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether Legacy Lifestyle was expressly advised of the possibility of such loss or damage) arising as a result of ?
- Any damage which is suffered by the Member as a result of a loss or theft, relating to their Membership of the Legacy Lifestyle Programme;
- Transfers of Lifestyle Rands made to other Legacy Lifestyle Accounts due to the input of incorrect information;
- Any interruption, malfunction, downtime or other failure of the Transaction processing software system or payment terminal or third-party system, or any component thereof for whatever reason;
- The rejection of any Transaction at a Lifestyle Partner's points of sale or checkout point;
- The unavailability of any product or service, or any price fluctuations, whether due to currency fluctuations, increase in taxes or otherwise;
- Any loss or damage with regard to a Members personal information or any other data directly or indirectly caused by interception or malfunction of Legacy Lifestyle's systems, third party systems, and/or unlawful access to or theft of data;
- The use of your credit or debit card to earn Loyalty Benefits, as set out in these terms and conditions;
- Computer viruses or destructive codes on Legacy Lifestyle's systems or third-party systems or programming defects; and
- Any event which is beyond Legacy Lifestyle's control, including but not limited to any delays, cancellations, over bookings, strikes, or events of force majeure as defined in these terms and conditions.
12. FORCE MAJEURE:
Should Legacy Lifestyle or any Lifestyle Partner be prevented from fulfilling any of its obligations in terms of these terms and conditions as a result of an event of force majeure as set out herein then those obligations shall be deemed to have been suspended to the extent that and for so long as Legacy Lifestyle is so prevented from fulfilling them, and the corresponding obligations of the Lifestyle Partner shall be suspended to the corresponding extent.
Should an event of force majeure continue for more than 180 days, either Legacy Lifestyle or any Lifestyle Partner party shall be entitled (but not obliged) to cancel any relevant Transaction(s) by giving not less than 30 days written notice of cancellation to the Member or Lifestyle Partner.
An "event of force majeure" shall mean any event or circumstance of any nature whatever which is not within the reasonable control of Legacy Lifestyle or any Lifestyle Partner including, without any limitation, vis maior, casus fortuitus, any act of God, pandemics, epidemics, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions, any requirement of any international authority, any requirement of any government or other competent local, regulatory or other authority, any court or arbitral order, export control and any shortage of transport or other facilities.
13. GENERAL
In processing any Transaction on behalf of a Member, Legacy Lifestyle shall not act, nor shall it be deemed to be acting as the Member's agent nor as the agent of any Lifestyle Partner.
Copyright in all materials made available through the Legacy Lifestyle Programme is owned either by Legacy Lifestyle and/or the applicable Lifestyle Partner(s). Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of any such material will constitute an infringement of that copyright. The trademarks, logos and service marks relating to the Legacy Lifestyle Programme are registered and unregistered trademarks of Legacy Lifestyle and/or the Lifestyle Partner(s). Nothing contained in the Legacy Lifestyle Programme should be construed as granting any license or right to use any trademark, logos or service marks without the prior written permission of Legacy Lifestyle and/or the Lifestyle Partner(s).
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The Member hereby consents to the exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division in respect of any dispute arising in connection with the Legacy Lifestyle Programme, or these terms and conditions, or any matter related to or in connection therewith.
Otherwise than as required by law, Legacy Lifestyle shall not be responsible for issuing any tax or other certification, clarification or directive to the Member or be responsible for any tax liability or other government charge arising from the Member’s participation in, or use of, the Legacy Lifestyle Programme.
If there is any conflict between these terms and conditions and any other terms, rules, regulations or procedures applicable to the Legacy Lifestyle Programme, these terms and conditions shall prevail.
The Member waives any rights they may have or obtain against Legacy Lifestyle arising directly or indirectly from any loss or damage of whatsoever nature (excluding fraud and gross negligence on the part of Legacy Lifestyle), which the Member may suffer as a result of belonging to or participating as a Member of Legacy Lifestyle Programme, the redemption of Lifestyle Rands, any Loyalty Benefit or voucher, or matter incidental thereto, or the acts or omissions of any Legacy Lifestyle employee, or Lifestyle Partner and agrees that Legacy Lifestyle is not responsible for any death or injury or direct or consequential loss or damage (including loss of profits or data) arising from the use of or operating of the Legacy Lifestyle Programme.
The Member accepts that by participating in the Legacy Lifestyle Programme, Legacy Lifestyle may in its sole and absolute discretion send marketing and promotional information relating to the Legacy Lifestyle Programme, and or offers from Legacy Lifestyle Partners, to the Member and such information shall not be considered unsolicited by the Member. The Member has the right to opt out of receiving such information and may request that Legacy Lifestyle not send any such information.
Any communication contained on the Legacy Lifestyle website will be deemed to be sufficient communication or notice relating to the Legacy Lifestyle Programme and shall be binding on the Member.
In the event of any dispute relating to which of the Lifestyle Partners and Lifestyle Partner stores the Member may earn or redeem Lifestyle Rands, the Legacy Lifestyle website will be the only and absolute point of reference for recording the names of participating Lifestyle Partners and Lifestyle Partner Stores and the associated Loyalty Benefit.
Legacy Lifestyle shall not be held liable for any misrepresentation, action, omission or any incorrect information supplied by any of the Lifestyle Partners.
Legacy Lifestyle will not discuss any Member's details with anybody besides the registered, individual Member, who may be asked to validate their identify when making enquiries regarding their account, including Member Account balances and Loyalty Benefit transactions.
14. PRIVACY POLICY:
When you apply to and/or register as a Member of the Legacy Lifestyle Programme and/or in the course of your membership, you will voluntarily provide us with certain personal information including, but not limited to, your name, surname, email address, mobile telephone number, identity number and in certain cases a physical address. We require this personal information to make the Legacy Lifestyle Programme available to you as a Member. You cannot be a Member without providing us with this information. By you submitting any personal information to us in any form, you further acknowledge that such conduct constitutes a unconditional, specific and voluntary consent to the processing (including storage) of such information by us in terms of these terms and conditions and/or under any applicable law in the manner contemplated in these terms and conditions, which consent shall, in the absence of any written objection received from you, be indefinite and/or for the period otherwise required in terms of any applicable law.
When you log in to the Legacy Lifestyle website, we make use of cookies to track inter alia the date and time of your log in and to enable the log in functionality to work. Certain cookies are necessary to enable key functionality on our website, such as the user log in and registration, and other cookies are used to track the performance of our website. We limit the collection of information from cookies to information that we believe is necessary to provide you with a better user experience and to enhance our products and services, in a transparent way. By logging in to our website, you acknowledge the use of cookies for the purposes as outlined herein and provide your unconditional consent that we may do so.
Our collection and processing of your personal information will include, but not be limited to, providing our Lifestyle Partners, on a confidential basis with aggregated, depersonalised personal information that improves our products and services and your experience on the Legacy Lifestyle website, the Legacy Lifestyle mobile application and/or the Legacy Lifestyle Programme. We may also process your personal information for market research, Member profiling and to automatically link your Legacy Lifestyle account to selected Lifestyle Partners in order that you can earn and redeem Lifestyle Rands with those Lifestyle Partners.
Under no circumstances will we sell your personal information. In providing your personal information to any Lifestyle Partner or any other third party, we will ensure that such Lifestyle Partner/third party process your personal information in compliance with POPIA. However, as we do not control the actions of third parties that may process your personal information, we cannot guarantee how it will be used by such Lifestyle Partners and/or third parties and you indemnify and hold us harmless against any claims howsoever arising from such Lifestyle Partner and/or third parties processing of your personal information.
At all times, we will process, manage and/or share your personal information in terms of any applicable legislation including POPIA. All personal information will be processed lawfully, fairly and in a transparent manner and will only be collected and processed for the purposes set out herein. You also recognise that there may be circumstances where we are legally obliged to disclose your personal information to, for example, government authorities or in respect of court proceedings.
You have the right to access any of your personal information in our possession at any time and you may require us to correct any incorrect information we may have. By registering as a Member, you undertake to ensure that any personal information provided to us is honest, current, accurate and, where necessary, kept up to date. You can update your personal information via your Legacy Lifestyle Account. We will only process your personal information for as long as it is necessary for the purposes for which the personal information was collected. Once you cease being a Member, we will cease processing your personal information, save to the extent that we are required to process your personal information in terms of any applicable law. You can request us, at any stage, to delete your personal information, but should you do so, this will result in your Membership being terminated which may include the forfeiture of any Lifestyle Rands.
We will, at all times, ensure that adequate security systems and technical measures are in place to safeguard your personal information. You are required to protect against unauthorised access to your Legacy Lifestyle Account in any manner, and you indemnify and hold us harmless against any loss or access to your personal information arising from unauthorised access to your Legacy Lifestyle Account as a result of your culpable or negligent conduct.
As our business changes constantly and the terms and conditions of your membership of the Legacy Lifestyle Programme and your use of our website, Legacy Lifestyle App, or any other portal may change from time to time, you are advised to regularly check our website for our updated policies and terms and conditions. This will include any change to the Privacy Policy. Any updated policy will be binding upon you from such time as it appears on our website.
Whilst we take as much care as possible to secure your personal information, you irrevocably and unconditionally waive any claim that you may have or which arises at any time in the future, against Legacy Lifestyle for any loss or theft of your personal information. For this purpose, Legacy Lifestyle shall include all companies within the Legacy Group as well as its directors, employees, consultants, advisors and/or agents.
Should you believe that we have utilised personal information contrary to applicable law, you undertake to first attempt to resolve any concerns with us directly. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator.
