This End User Licence Agreement (“Agreement”) is a legal contract between you (“User” or “you”) and 5-BOB (“5-BOB”, “we”, “us”, or “our”). By accessing or using our services, you agree to be bound by this Agreement. If you do not agree, do not use our services.
1. The Service
5-BOB provides a community loyalty ecosystem that enables consumers and participating Spaza shop owners to earn, track, and redeem rewards, including points, mobile data, discounts, and other programme benefits through our mobile application, website, NFC cards, and partner merchant systems (collectively, the “Service”).
2. Licence Grant
Subject to your compliance with this Agreement, 5-BOB grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial purposes in South Africa, unless otherwise authorised in writing by us.
You may not, unless expressly permitted by law or by us in writing:
- Copy, modify, adapt, translate, or create derivative works from the Service;
- Reverse engineer, decompile, disassemble, or attempt to derive source code;
- Rent, lease, lend, sell, sublicense, or distribute the Service;
- Remove, alter, or obscure proprietary notices;
- Use the Service for unlawful, fraudulent, or abusive purposes.
3. Account Registration
Certain features require you to create an account or link an NFC loyalty card. You agree to provide accurate, current, and complete information and to keep your login credentials confidential. You are responsible for all activity conducted through your account or card.
We may suspend or terminate accounts that contain false information, are inactive, or are used in breach of this Agreement.
4. Loyalty Programme Rules
Participation in the 5-BOB rewards programme is subject to additional programme rules, which may include:
- Eligibility requirements for consumers and participating merchants;
- How points, mobile data, and rewards are earned, calculated, and redeemed;
- Expiry periods, limits, and exclusions on offers;
- Merchant participation terms and community programme conditions.
Programme rules may be updated from time to time. Continued use of the Service after changes take effect constitutes acceptance of the updated rules, to the extent permitted by law.
5. NFC Cards and Devices
NFC loyalty cards remain the property of 5-BOB unless otherwise stated. You agree not to tamper with, duplicate, resell, or misuse cards or devices. Lost, stolen, or damaged cards should be reported promptly so we can take reasonable steps to protect your account.
6. Acceptable Use
You agree not to:
- Interfere with or disrupt the Service, servers, or networks;
- Attempt unauthorised access to accounts, systems, or data;
- Use bots, scripts, or automated tools to manipulate rewards or transactions;
- Upload malware or harmful code;
- Harass, defraud, or harm other users, merchants, or 5-BOB personnel;
- Use the Service in any manner that violates applicable law or third-party rights.
7. Intellectual Property
The Service, including all software, branding, logos, content, designs, and documentation, is owned by or licensed to 5-BOB and is protected by intellectual property laws. Except for the limited licence granted in this Agreement, no rights are transferred to you.
8. Third-Party Services
The Service may integrate with or link to third-party platforms, telecommunications providers, payment systems, or merchant services. We are not responsible for third-party content, policies, or availability. Your use of third-party services may be subject to separate terms.
9. Privacy
Our collection and use of personal information is described in our Privacy Policy, which forms part of your relationship with 5-BOB. By using the Service, you acknowledge that you have read and understood the Privacy Policy.
10. Disclaimers
The Service is provided on an “as is” and “as available” basis to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. Rewards, offers, and merchant participation may change, be withdrawn, or vary by location.
Nothing in this Agreement excludes or limits warranties or liabilities that cannot be excluded under applicable South African law, including the Consumer Protection Act where it applies.
11. Limitation of Liability
To the maximum extent permitted by law, 5-BOB and its directors, employees, partners, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunities arising from your use of the Service.
Where liability cannot be excluded, our total liability for any claim relating to the Service shall be limited to the greater of the amount you paid to us for the Service in the twelve months preceding the claim or ZAR 500, except where a higher minimum is required by law.
12. Suspension and Termination
We may suspend or terminate your access to the Service immediately if you breach this Agreement, if required by law, or if continued provision of the Service becomes impractical. You may stop using the Service at any time. Sections that by their nature should survive termination will continue to apply.
13. Changes to This Agreement
We may revise this Agreement from time to time. The updated version will be posted on our website with a revised “Last updated” date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Agreement, unless otherwise required by law.
14. Governing Law
This Agreement is governed by the laws of the Republic of South Africa. Disputes shall be subject to the jurisdiction of the courts of South Africa, unless mandatory consumer protection rules provide otherwise.
15. Contact
Questions about this Agreement may be directed to 5-BOB via WhatsApp at +27 69 063 1256 or through our contact page.
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