5 STAR Heineken loyalty and rewards programme

5 STAR is a loyalty and rewards programme exclusive to independent distributors and bulk breakers, that not only helps you grow your business but also rewards you for your growth. .

1	Introduction
1.1	HEINEKEN South Africa (Proprietary) Limited ("HEINEKEN", "us", "we" or "our"), operates the 5 STAR programme which is a loyalty programme aimed at incentivizing Customers (taverns, counter serve and bulk breakers who are based in South Africa) on strategic key performance indicators such as volume, affordability and availability. These terms and conditions (the "Agreement") govern the registration and participation in the 5 STAR programme. The Agreement commences on the date that a Customer registers to participate in the 5 STAR programme.
1.2	The 5 STAR programme only applies to Heineken®, Heineken 0.0, Strongbow®, Tafel, Soweto Gold, Amstel®, Sol, Windhoek and Miller Genuine Draft products.
1.3	When you (the "User", "you", "Customer", or "your") register for or participate in the 5 STAR programme, you are also agreeing to the terms and conditions set out in this Agreement. If you do not agree to these terms and conditions, you must not, and you are not permitted, to register or participate in the 5 STAR programme.
2	Important provisions
	To the extent that the Consumer Protection Act, No 68 of 2008 ("CPA") applies to the Agreement, we have a duty to point out certain important provisions in this Agreement to you. The clauses, which contain these important provisions, and the reasons why they are important are set out below. It is important that you read these clauses carefully and in their entirety.
1.4	Limitations of risk, legal responsibilities and liability. Clauses 1.2, 3 and 9 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
1.5	Assumptions of risk, legal responsibilities and liability by you. Clauses 3, 6 and 11 are important because you take on risk, legal responsibilities and liability. Therefore, these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury, which may be incurred, by you and others for what is stated in these clauses.
1.6	Acknowledgements of fact by you. Clauses 3, 6 and 14 are important because they each contain statements, which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements.
1.7	Indemnities by you. Clauses 9 and 10 require you to indemnify (hold harmless) HEINEKEN and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in these clauses. You are also required to indemnify HEINEKEN and other persons and entities against claims for loss, damages, and harm that may be suffered by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.
2	Acceptance of Terms
	By registering or participating in the 5 STAR programme, you confirm that you are 18 years of age or older, that you have all the required licences including but not limited to liquor licences and that you have the capacity to conclude contractual arrangements and to accept these terms of this Agreement. You also agree to comply with applicable legislation. As part of your registration, you will be required to provide valid identity documents and required licenses and authorisations as proof thereof. This Agreement will remain in force until terminated by you or by HEINEKEN.
3	Registration and Participation in the 5 STAR programme
3.1	To participate in the 5 STAR programme and be able to claim points, you are required to do the following:
4	read and accept the terms and conditions set out in this Agreement;
5	register for participation by completing the online registration form on the www.supaloyalty.co.za website and submitting the registration form. Registration is free but it is not guaranteed. Your registration will be final and confirmed once you receive confirmation of successful registration on your mobile phone.
5.1	Upon successful registration, you will be eligible to qualify and accumulate the following points:
6	Successful registration - on successful registration to participate in the 5 STAR programme, you accumulate a maximum of 500 points;
7	Volume targets - you accumulate an average of 20 points per case that you buy on a regular basis;
8	Affordability - for not exceeding maximum recommended resale prices you accumulate a maximum of 10 points per month; and
9	Stock availability - for having sufficient stock availability, you accumulate a maximum of 10 points per month.
9.1	The accumulated points can be redeemed for airtime, data, electricity, cash, shopping vouchers and online catalogue items. Details on how to redeem these points are provided on the supaloyalty.co.za website.
9.2	You cannot use the redeemed points for harmful, immoral, unlawful or illegal purposes or for any items, which are not provided in this Agreement.
10	Change to this Agreement and to the 5 STAR programme
	HEINEKEN may, at any time, amend the terms of this Agreement and will inform you of these changes. In the event that you disagree with any amendments to the terms of this Agreement, you must immediately cease your participation in the 5 STAR programme.
11	Ending this Agreement
11.1	Termination by us: HEINEKEN may terminate this Agreement, immediately, by giving notice to you, if you: are in breach of any of terms and/or conditions of this Agreement (and you have failed to remedy such breach within a period of 5 (five) business days after receipt of written notice by HEINEKEN requiring you to remedy the breach); or in contravention of any applicable laws; or cease to be a holder of a valid liquor license; or where we must do so to comply with law or to avoid breaching another person's rights; or where a court or regulator tells us to do so; or if any provision of this Agreement, or any part of a provision, becomes unenforceable, illegal or invalid. HEINEKEN may also terminate this Agreement for any reason and without cause, on providing 1 (one) months™ notice to you. On termination, any rights granted to you under this Agreement will cease to apply and you will be immediately removed from participating in the 5 STAR programme. However, you will be able to redeem the points that you have accumulated prior to termination.
11.2	Termination by you: You may end this Agreement at any time, without reason, by deregistering from the 5 STAR programme. To deregister, you must call the centre number 0127475111 or dial 1207654# and select OPT OUT. On termination, any rights granted to you under this Agreement will cease to apply and you will be immediately removed from participating in the 5 STAR programme. However, you will be able to redeem the points that you have accumulated prior to termination.
11.3	Terms which do not end
12	The following terms will continue to apply notwithstanding the termination of this Agreement, including terms and conditions which by their nature must continue to apply:
13	terms and conditions where liabilities or responsibilities are excluded or limited, including amounts which you can claim from HEINEKEN;
14	terms and conditions where the rights you have against us, or against third party providers, are limited or excluded; and
15	terms and conditions where you indemnify us, or third party providers, or where you take on liability or responsibility for certain losses or damages that may happen.
16	Intellectual Property
16.1	All intellectual property residing in the 5 STAR programme (including but not limited to the 5 STAR name and logo and the LET US SHOW EACH OTHER THE WAY name) is the exclusive property of HEINEKEN and the rights thereto, including the rights in and to the compilation of data, shall remain vested in HEINEKEN.
16.2	You hereby grant HEINEKEN a non-exclusive, irrevocable, royalty free and perpetual licence to use all and any of your intellectual property subsisting in or relating to all data and work product collected, created, developed or produced by you in connection with the 5 STAR programme. HEINEKEN is further entitled to take all and any steps necessary, including the institution of legal proceedings, to protect any intellectual property residing in or emanating from the 5 STAR programme, including any intellectual property licensed to it.
17	Restrictions and limitations of the 5 STAR programme
17.1	You must not, directly or indirectly, do any of the following things or allow anybody else to do the following things:
18	perform any action that violates this Agreement;
19	perform any action which is illegal, unlawful, malicious, fraudulent or violates or infringes any rights, title or interest (including, but not limited to, any intellectual property rights) in or to the 5 STAR programme;
20	infringe or misappropriate our intellectual property rights or those of any third party;
21	transmit any material that is defamatory, offensive or otherwise objectionable in relation to your registration and/or participation in the 5 STAR programme;
22	submit false, inaccurate or misleading information in respect of your registration and participation in the 5 STAR programme; (all of the above are referred to as the "Prohibited Conduct").
23	Disclaimer
23.1	As far as the law allows, the 5 STAR programme is provided to you on an "as is" and "as available" basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).
23.2	To the fullest extent permitted by law, neither HEINEKEN nor any of its affiliates shall be liable for any damages that may result from your registration for, and participation in the 5 STAR programme, including, but not limited to, losses, claims, costs, expenses, loss of profits, loss of revenue or savings, loss of goodwill, loss of data, or loss of business opportunities, whether direct or indirect, indirect, incidental, special, punitive, exemplary or consequential losses of any kind.
24	Warranties and Indemnification
24.1	By registering and participating in the 5 STAR programme, you represent, warrant and undertake that at all times you hold all applicable and required permits, licences and other authorisations (including but not limited to liquor licences) to enable you to comply with your obligations in terms, legislation, regulations and this Agreement and shall, at HEINEKEN's request, provide copies of any such permits, licenses and authorisations to HEINEKEN.
24.2	As far as the law allows, you indemnify and agree to hold HEINEKEN harmless from and against any and all loss, liability, costs or damages which we may suffer as a result of:
25	you infringing on or misusing any person's rights, including intellectual property rights;
26	you failing to comply with the terms of this Agreement; and
27	any deliberate or unlawful act that you commit, or your unlawful failure to act.
28	Confidentiality
28.1	You and HEINEKEN acknowledge that information supplied in connection with the 5 STAR programme or in connection with each other's technical, industrial or business affairs which has or may in any way whatsoever be transferred or come in the possession or knowledge of any other of them (the "Receiving Party") may consist of confidential or proprietary data, which is not available in the public domain.
28.2	The Receiving Party will hold such material and information in the strictest confidence, to prevent any copying thereof by whatever means and not to make use thereof other than for the purposes of the 5 STAR programme and to release it only to such properly authorised employees, agents or third parties requiring such information for the purposes of the 5 STAR programme and agree not to release or disclose to any other party who has not signed an agreement expressly binding himself or herself not to use or disclose it other than for the purposes of the 5 STAR programme. This clause does not apply to information that is publicly available.
28.3	By agreeing to this Agreement, you agree not to exchange such confidential information nor to participate in the 5 STAR programme in any manner, which may result in a contravention of this Agreement or any applicable laws.
29	Privacy Policy: General
	By registering to participate in the 5 STAR programme, you agree that you have read, understood and agree to our Privacy Policy. A copy of the Privacy Policy is available on www.supaloyalty.co.za which sets out what we will do with any personal information we collect from or about you, or that you provide to us when you register and participate in the 5 STAR programme, which Privacy Policy forms part of this Agreement.
30	Governing Law
30.1	This Agreement is governed by, and shall be interpreted in accordance with, the laws of the Republic of South Africa.
30.2	By registering and participating in the 5 STAR programme, you consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
31	Miscellaneous
31.1	This Agreement and any rights and obligations granted hereunder, must not be transferred, ceded, delegated or assigned by you.
31.2	You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this Agreement and that we may do so without your consent. We may sub-contract our obligations without your consent and we do not have to inform you if we subcontract any of our obligations.
31.3	Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
31.4	This Agreement makes up the whole agreement between you and us relating to the 5 STAR programme. As far as the law allows, and accept as we may both otherwise agree in terms of a written agreement between us, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to 5 STAR programme that is not written in this Agreement.
31.5	Each provision of this Agreement, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of this Agreement, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in this Agreement. The rest of this Agreement will still be valid and enforceable.
31.6	You may contact HEINEKEN at any time at the details set out below: E-mail address: support@supaloyalty.co.za Website: www.supaloyalty.co.za Registration Number: 2003/026165/07 Telephone number: 0127475111 Physical Address: Inanda Business Park, 54 Wierda Road West, Sandton, Johannesburg

1	This Privacy Policy sets out what we will do with any “Personal Information" we collect from or about you, or that you provide to us when you register for and/or participate in the 5 STAR programme. "Personal Information" refers to any information which may be used to identify you including information such as your first and last name or company name and registration number, value added tax number, physical address, telephone number, facsimile number, mobile number, e-mail address, shipping address and liquor licence number, and other information that can be used to identify you or is held in association with information that can be used to identify you.
1.1	Personal Information also includes any information about an identifiable juristic person or other legal entity (such as a company or trust) and includes registration numbers, registered addresses, financial information, and other information that can be used to identify the juristic person or legal entity or is held in association with information that can be used to identify the juristic person or legal entity.
1.2	Other information which might be “Personal Information” may include:
2	“Access Device and Access Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the devices ("Access Device"), the geographic location (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
3	“log information”: When you register to participate in the 5 STAR programme, we may automatically collect and store certain information in server logs; and
4	“location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the IP location).
4.1	Please read this policy carefully to understand out views and practices regarding your Personal Information and how we will treat it.
5	How do We receive Personal Information
5.1	We may receive Personal Information about you or from you in several ways. These include:
6	when you register to participate in the 5 STAR programme;
7	when you phone us or exchange or send us correspondence; or
8	you submit Personal Information to us for any other reason, or authorize third parties to do so.
8.1	Some of the information we receive is Personal Information, and some is non-personal information that becomes personal if it is connected to you or to another person or legal entity.
9	How do We use Personal Information
9.1	We use the information we collect to provide, maintain, and improve the 5 STAR programme, to develop new services, and to protect our services, our customers and us. We also wish to improve our customers' experience, and so we also use the information we collect for this purpose.
9.2	We may also use your Personal Information:
10	to create your account and allow your participation in the 5 STAR programme;
11	maintain and update our customer, or potential customer, databases;
12	to establish and verify your identity;
13	diagnose and deal with customer support queries;
14	operate, administer, maintain, secure and develop the 5 STAR programme;
15	detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised participation in the 5 STAR programme and/or contravention of this policy;
16	communicate with you and keep a record of our communications with you and your communications with us;
17	inform you about any changes to the 5 STAR programme, this policy or other changes which are relevant to you;
18	to analyse and compare the kinds of Access Devices; and
19	for other purposes relevant to our business activities, provided they are lawful.
20	You consent to the Processing of your Personal Information on the terms and conditions set out in this policy
20.1	By agreeing to this policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, analyse, use and share your Personal Information in the ways set out in this policy. When we do one or more of these actions with your Personal Information, we are "Processing" your Personal Information.
21	Sharing of your Personal Information
21.1	You agree that your Personal Information may be shared under the following circumstances:
22	to other service providers, including credit bureaux (in order to perform credit and background checks), banks (to process transactions);
23	to our agents, advisers, service providers and suppliers;
24	to our employees, suppliers, service providers and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as development and administration, technical support and other support services relating to the 5 STAR programme. We will authorise any information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions;
25	to our affiliates, which includes our holding companies and subsidiaries;
26	in order to enforce or apply any contract between you and us;
27	in order to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents and any other third party;
28	in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;
29	to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
30	comply with the law or with any legal process;
31	protect and defend the rights, property or safety of us, or our customers, employees, contractors, suppliers, service providers, agents or any third party;
32	detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use or unauthorised participation in the 5 STAR programme and/or contravention of this policy; and/or
33	protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
34	Transfer, storage and processing of Personal Information
34.1	HEINEKEN does not guarantee the security of any data transmitted online and you accept the risk of providing information in respect of the registration and/or participation in the 5 STAR programme.
34.2	HEINEKEN may, from time to time, store, transfer and Process Personal Information in and to third parties located in countries outside of the Republic of South Africa.
34.3	If the location that Personal Information is transferred to or stored does not have substantially similar laws, which provide for the protection of Personal Information, we will take the legally required steps to ensure that your Personal Information is adequately protected in that jurisdiction.
34.4	HEINEKEN shall:
35	utilise reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction; and
36	from time to time, review our information collection, storage and processing practices, including physical security measures, to keep up to date with good practice.
36.1	Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure.
37	Retention of your Personal Information
37.1	You can request that HEINEKEN provide you with access to the Personal Information it has collected about you at any time.
37.2	We may keep and Process some or all of your Personal Information if and for as long as:
38	we are required or permitted by law or a contract with you to keep it;
39	we reasonably need it for lawful purposes related to our functions and activities;
40	we reasonably need it for evidentiary purposes; or
41	you agree to us keeping it for a specified further period.
41.1	Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.
41.2	You shall immediately notify HEINEKEN if there is any change to your Personal Information, or to correct any errors in your account or information. You may at any time request access to, rectification or deletion of, your Personal Information held by HEINEKEN.
41.3	You are entitled to withdraw your consent to the Processing of your Personal Information by giving HEINEKEN written notice together with the grounds therefore; provided that the lawfulness of the Processing of Personal Information before such withdrawal will not be affected or the withdrawal will not affect any Processing that:
42	complies with an obligation imposed by law on us;
43	protects your legitimate interest; or
44	is necessary for pursuing any legitimate interests or a third party to whom the Personal Information is supplied.
44.1	You are entitled to:
45	object, by written notice to us, to the Processing of your Personal Information on reasonable grounds, unless legislation provides for such Processing; and
46	lodge a complaint to the Information Regulator, established in terms of the Protection of Personal Information Act of 2013, regarding the alleged unlawful processing of your Personal Information by us.

5 STAR Heineken loyalty and rewards programme

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