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LOYALTY PROGRAM TERMS AND CONDITIONS OF USE

Last updated June 26, 2022 

By participating in this Loyalty Program, you agree to these Terms & Conditions and the Freshee Terms of Use.

 

Definitions:

 

  • Freshee: The Social Fresher Kenya Ltd and its affiliates do business as Freshee.

  • Vendor: the business to which the Loyalty Program (“Program”) belongs.

  • Member: A user of the Freshee app, who is eligible to use the Freshee services as outlined in the Terms of Use, and opts into a Loyalty Program (Participation).

  • Participation: Making a payment through Freshee, receiving points/visits for any Loyalty Programs either through being awarded by the business or by initiating a payment to the business through the Freshee mobile app, redeeming any points with the business that owns the Loyalty Program, or requesting a refund from the business in which the transaction in question was initiated through the Freshee platform and Loyalty Points were received accordingly.

 

Terms:

 

  • By participating in this Loyalty Program, the user agrees to the collection and processing of their personal and payment information in accordance with the Freshee Privacy Policy (accessible at https://www.fresheeapp.com/privacy-policy)

  • Points can only be awarded when a payment is made through the Freshee mobile app, or if the business awards these points to the Member for an action that is not a direct retail purchase to the Vendor’s business. By making a payment through the Freshee app, users become Members of the Loyalty Programs associated with the business in question.

  • Before completing a payment, the Member/user must make sure the till number on the app matches with the till number displayed at the venue. Freshee is not liable for payments sent to the wrong till number.

  • To become a Member of any Loyalty Program on Freshee, you must be above 18 years of age.

  • This Program will continue until terminated, suspended, modified, or converted to another Loyalty Program by the Vendor and/or Freshee (the "Program Period").

  • Loyalty Programs will either: 

    • offer specific rewards in exchange for loyalty points, known as a “Points – Rewards” Loyalty Program, or

    • ​allow the Member to apply their loyalty points to any purchase at the business, known as a “Points – General Purchase” Loyalty Program.
  • In a Points – Rewards program, specific rewards are available for redemption at the Vendor's business only while supplies last and quantities may be limited.

  • In a Points – Rewards program, Members will not be able to redeem points for specific rewards unless the Member has the sufficient points required to redeem the reward. This amount will be displayed next to the reward in question.

  • In a “Points – General Purchase” program, if the Member wishes to redeem their points but does not have enough points to cover the entire purchase, the Member must contribute their entire points balance towards that purchase and pay the balance in cash via a method of their choosing.

  • In both types of Loyalty Programs, if the Member has accumulated loyalty points worth more than the value of the purchase at hand and they wish to redeem these points, the Vendor (or their staff) will scan the Member’s Redemption QR code, the points will be deducted from the Member’s account, the transaction will be recorded, and the purchase will be considered complete. 

  • The Vendor has sole discretion in deciding whether they will process a refund, Freshee will not get involved in such disputes and will not be held liable for any such claims.

  • Any items received as a result of points redemption can only be exchanged for loyalty points on the same Loyalty Program(s) and will not be eligible for exchange of cash or credit. The Vendor retains the right to authorise or reject such exchanges, in their sole discretion.

  • Points earned via purchases initiated through the App will be deducted from the Member’s account in the event that such a purchase is authorised for a refund by the Vendor.

  • Loyalty points are not redeemable for cash.

  • The Vendor may set an expiry period for their Loyalty Program. All points accumulated by the Member will expire after that period elapses. This period begins on the date of the Member’s most recent purchase to the Vendor through the Freshee app, and the period is reset with each purchase. If the Member does not redeem their points within this time frame, the Member forfeits all such points.

  • Members may not assign or transfer any Rewards. The Vendor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.

  • Freshee is not responsible for the content of the Loyalty Program and makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.

  • Upon notice, both the Vendor and Freshee reserve the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the loyalty points' value structure and offers and any merchandise or service. Both Freshee and the Vendor reserve the right to adjudicate all points discrepancies in their sole discretion, and the Members agree to abide by any such adjudication.

  • Freshee and/or the Vendor may, in their sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward.

  • Freshee and/or the Vendor may, in their sole and absolute discretion, terminate or suspend any Member's participation in the Program for breach of these Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions or the Terms of Use of the Freshee platform.

  • Freshee and/or the Vendor both reserve the right at their sole discretion to prohibit any Member from participating in any aspect of the Program if Freshee/the Vendor deems or suspects that such Member has engaged in or has attempted to engage in any of the following:

    • acting in violation of these Rewards Terms and Conditions and the Terms of Use of the Freshee app; or

    • damaging, tampering with or corrupting the operation of the Program or Freshee Platform; or

    • acting with intent to annoy, harass or abuse any other person; or

    • any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behaviour or activity; or

    • activity deemed in the sole discretion of Freshee and/or the Vendor to be generally inconsistent with the intended operation of the Program.

  • Except for wilful misconduct or gross negligence on the part of the Freshee and/or the Vendor, by participating in the Program, Members release the Freshee and the Vendor, their respective parent companies, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.

  • Members agree to indemnify, defend and hold both Freshee and the Vendor and their representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney\'s fees and costs, arising from, or related to any breach by the Member of any of these Rewards Terms and Conditions or Freshee Terms of Use, or any violation by the Member of applicable law.

  • The laws of the country in which the Vendor's venue is located shall govern these Loyalty Program Terms and Conditions. The Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in the Capital city of said country for all matters arising in connection with these Loyalty Program Terms and Conditions or the Member's participation in the Program.

©2022 The Social Fresher Ltd, Company Number 11097657. All Rights Reserved.

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