END USER LICENSE AGREEMENT (EULA) & TERMS OF USE
5Bob Loyalty Rewards Program Last Updated: [Insert Date] Program Operator: [Your Company Name] (Registration No: [Insert Number]) Contact: [legal@5bob.co.za] | [+27 834669952] Physical Address: [Riversands Incubation Hub Block 4 Unit 87, Riversands Blvd Fourways, Johannesburg 2091]
1. ACCEPTANCE OF TERMS
1.1 By downloading, accessing, registering for, or using the 5Bob mobile application, website, or loyalty services (collectively, the "Service"), you ("User," "Member," or "you") agree to be bound by this End User License Agreement ("EULA"), our Privacy Policy, and all applicable laws of the Republic of South Africa.
1.2 If you do not agree to these terms, you must not use the Service. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.
1.3 This Agreement is written in plain language as required by the Consumer Protection Act 68 of 2008 ("CPA"). If any provision is unclear, please contact us at [legal@5bob.co.za].
2. DEFINITIONS
Term
Meaning
5Bob
The loyalty rewards program operated by [Your Company Name].
Points
Virtual reward credits earned through Qualifying Purchases.
Virtual Wallet
The digital account within the Service where Points are stored.
Approved Vendor
A merchant authorised by 5Bob to accept Points redemption.
Qualifying Purchase
A transaction at a participating merchant eligible for Points.
Personal Information
As defined in the Protection of Personal Information Act 4 of 2013 ("POPIA").
Sensitive Information
Includes your South African ID Number, biometric data, or precise geolocation.
3. LICENSE GRANT
3.1 Limited License: Subject to compliance with this EULA, 5Bob grants you a personal, non-exclusive, non-transferable, revocable, limited license to:
3.2 Ownership: You acknowledge that 5Bob retains all ownership rights to the Software, Points, and Virtual Wallet. Points have no cash value, cannot be exchanged for currency, and are not legal tender.
4. ELIGIBILITY & REGISTRATION
4.1 Age Requirement: You must be at least 18 years old. If you are between 13 and 17, you may only use the Service with verifiable parental consent.
4.2 Required Information: To register, you must provide accurate information, including:
4.3 Account Security: You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately of any unauthorised access.
5. EARNING & REDEEMING POINTS
5.1 Earning: Points are awarded automatically upon verification of a Qualifying Purchase. 5Bob reserves the right to determine earning rates and eligible merchants.
5.2 Validity & Expiry: Points are valid for [Insert Period, e.g., 24 months] from the date of earning. Expired Points will be removed from your Virtual Wallet without compensation.
5.3 Redemption: Points may be redeemed at Approved Vendors subject to availability. 5Bob is not liable for any disputes regarding goods or services provided by Vendors.
5.4 Fraud: Any attempt to manipulate Points (e.g., fake transactions, bots, multiple accounts) will result in immediate termination and forfeiture of all Points.
6. DATA COLLECTION & POPIA COMPLIANCE
6.1 Information Collected: We collect Personal Information including ID numbers, contact details, transaction history, and geolocation data.
6.2 Purpose of Processing: Your data is processed for:
6.3 Lawful Basis: Processing is based on your consent, contractual necessity, and legitimate interests (as permitted by POPIA).
6.4 Marketplace Analysis: We may use your transaction and location data to generate aggregated, anonymised insights about consumer behaviour and market trends. This data will not identify you personally. You may opt-out of non-essential analytics processing by contacting [privacy@5bob.co.za].
6.5 Data Sharing: We do not sell your Personal Information. We may share data with:
6.6 Your Rights: You have the right to access, correct, or delete your data, and to withdraw consent where applicable. Contact [privacy@5bob.co.za] to exercise these rights.
7. RESTRICTIONS ON USE
You agree NOT to:
8. INTELLECTUAL PROPERTY
All content, software, and branding within the Service are owned by [Your Company Name] and protected by South African intellectual property laws. You acquire no ownership rights through use of the Service.
9. DISCLAIMER OF WARRANTIES
9.1 The Service is provided "as is" without warranty of any kind, express or implied.
9.2 We do not warrant that the Service will be uninterrupted, error-free, or secure, or that Points will always be available for redemption.
10. LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by law, 5Bob shall not be liable for any indirect, consequential, or punitive damages arising from your use of the Service.
10.2 Our total liability shall not exceed the value of Points in your Virtual Wallet or ZAR 100, whichever is greater.
10.3 Exclusions: Nothing in this EULA excludes liability for death, personal injury caused by negligence, fraud, or any liability that cannot be excluded under South African law.
11. TERMINATION
11.1 By You: You may close your account via app settings. Unused Points will be forfeited upon closure.
11.2 By Us: We may suspend or terminate your account for breach of this EULA or suspected fraud.
11.3 Survival: Sections regarding Intellectual Property, Liability, and Privacy shall survive termination.
12. CHANGES TO TERMS
We may update this EULA. Material changes will be notified via the app or email at least 14 days prior to effectiveness. Continued use constitutes acceptance.
13. GOVERNING LAW & DISPUTES
13.1 This EULA is governed by the laws of the Republic of South Africa.
13.2 Disputes shall first be referred to mediation. If unresolved, the parties consent to the jurisdiction of the South African Courts.
13.3 Your statutory rights under the CPA are not limited by this agreement.
14. CONTACT INFORMATION
For support or legal inquiries:
5Bob Support
Email: david@szgm.co.za
Privacy Officer: david@szgm.co.za
Phone: +27 834669952
Address: Riversands Incubation Hub Block 4 Unit 87, Riversands Blvd Fourways, Johannesburg 2091
Information Regulator: www.inforegulator.org.za