Terms and conditions

1. DEFINITIONS AND INTERPRETATION:

1.1 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

1.1.1 "Effective Date" in respect of each Member, means the date on which that Member registers for the Legacy Lifestyle Programme and is accepted and assigned a Legacy Lifestyle Account by Legacy;

1.1.2 "Legacy Lifestyle" means Legacy Lifestyle (Proprietary) Limited, a limited liability company established under the laws of the RSA, with registration number 2000/029614/07

1.1.3 "Legacy Lifestyle Programme" means the lifestyle programme established by Legacy for purposes of providing the Loyalty Benefits to Members;

1.1.4 "Lifestyle Rands" means the Legacy Lifestyle Programme "currency" being points earned by a Member for Transactions effected by a Member from time to time;

1.1.5 "Legacy Lifestyle Account" means a virtual account that is assigned by Legacy to each Member for the purposes of accessing and enjoying Loyalty Benefits;

1.1.6 "Lifestyle Partner" means those merchants and/or suppliers and/or service providers approved and appointed by Legacy, in its sole and absolute discretion from time to time, to participate in the Legacy Lifestyle Programme, as partners for purposes of the Loyalty Benefits;

1.1.7 "Loyalty Benefits" 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, from time to time, including holiday accommodation and other benefits;

1.1.8 "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 an Legacy Lifestyle Account;

1.1.9 "Parties" means each Member and Legacy and 'party' means any of them as the context may require;

1.1.10 "RSA" means the Republic of South Africa; and

1.1.11 "Transaction" means any purchase effected by a Member at any shop, outlet or store owned or operated or managed by a Lifestyle Partner by using or uploading his Legacy Lifestyle Account at the point of sale operated by the Lifestyle Partner, excluding without limitation any refund or reversal of payment or other fees and charges levied by Legacy in respect of products and/or services provided from time to time and which rewards the Member eligible for Lifestyle Rands in terms of the Legacy Lifestyle Programme.

1.2 Unless the context clearly indicates a contrary intention -

1.2.1 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;

1.2.2 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.

1.3 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.

1.4 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.

1.5 When any number of days is prescribed, such number shall exclude the first and include the last day.

1.6 Any schedule or annexure to these terms and conditions shall form part of this agreement.

1.7 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.

1.8 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.

1.9 Recordals shall be binding on the parties and are not merely for information purposes.

2. INTRODUCTION:

2.1 Legacy has established a lifestyle and loyalty programme for its customers and the general public, in terms of which, it will offer and provide Loyalty Benefits to those customers and persons who join the Legacy Lifestyle Programme, as Members.

2.2 These terms and conditions form the basis of the Legacy Lifestyle Programme and are intended to regulate the relationship between Members and Legacy Lifestyle.

2.3 It is the Member's responsibility to read and understand these terms and conditions.

2.4 Every Member is subject to these terms and conditions and is deemed to have read and unconditionally accepted these terms and conditions.


3. ELIGIBILITY, REGISTRATION AND PARTICIPATION:

3.1 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.

3.2 Subject to 6, any person may register to become a Member in any of the following ways, by -

3.2.1 logging onto the Legacy website (www.legacylifestyle.co.za) and completing and submitting the online application form;

3.2.2 completing an application form at any Lifestyle Partner point of sale or check out point&

3.4 No person other than a Member shall be entitled to participate in the Legacy Lifestyle Programme.

3.2.5 signing up with any Legacy Lifestyle sales representative.

3.3 After the completion of the registration process, in accordance with 3.2, Legacy Lifestyle will authenticate the person. Only once the person has been authenticated by Legacy Lifestyle will be, at the sole discretion of Legacy Lifestyle, be accepted as a Member and be allocated a Legacy Lifestyle Account.

3.4 No person other than a Member shall be entitled to participate in the Legacy Lifestyle Programme.

3.5 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.

3.6 Each Member acknowledges that

3.6.1 he is aware that Legacy has contractual arrangements with Lifestyle Partners in the Legacy Lifestyle Programme but that it is at all times within Legacy'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

3.6.2 it has 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.

3.7 The Member will be eligible to participate in any competitions arranged or organised by Legacy Lifestyle and/or the Lifestyle Partners pursuant to or in connection with the Legacy Lifestyle Programme, provided that no employees of Legacy Lifestyle or the Lifestyle Partner/s (or their immediate families) shall be eligible to enter any competition. Prizes awarded in terms of the Legacy Lifestyle Programme are not transferable and have no monetary exchange value and may not be converted to cash.

3.8 The Member agrees and accepts that by becoming a member of the programme that he/she will automatically be ‘Opted In’ to receive communication from. Legacy Lifestyle, including but not limited to Email, SMS, Mobile Application notifications, the member may at their election ‘Opt Out’ of this communication by unsubscribing via the communication itself or by deselecting the communication in their Legacy Lifestyle account online

4. EARNING LIFESTYLE RANDS:

4.1 Lifestyle Rands may only be earned and accumulated with effect from the Effective Date. Legacy Lifestyle will not be obliged to award Lifestyle Rands for Transactions effected prior to the Effective Date.

4.2 A Member can earn Lifestyle Rands at any Lifestyle Partner specified by Legacy Lifestyle from time to time.

4.3 Subject to 4.6 and 4.9 below, Lifestyle Rands will be accumulated directly to a Member's Legacy Lifestyle Account as soon as the Transaction is recorded at a Lifestyle Partner's point of sale.

4.4 The Member agrees that Lifestyle Rands are neither negotiable nor transferable. However, Lifestyle Rands may be transferred for redemption purposes between immediate family members, subject to Legacy Lifestyle's approval and in accordance with the provisions as set out in clauses 5 and 7.

4.5 A Member may not sell, issue, exchange, barter or redeem Lifestyle Rands for cash.

4.6 Lifestyle Rands may take up to 30 days from the date upon which any Transaction is effected by a Member to reflect on a Member's Legacy Lifestyle Account and become effective. In the event that Lifestyle Rands are not reflected within this period, the Member must contact Legacy Lifestyle requesting the 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 such Legacy Lifestyle Account shall be deemed to have been approved and ratified by the Member.

4.7 Lifestyle Rands may be transferred into or used to purchase a gift voucher.

4.8 A Member will earn Lifestyle Rands as a percentage back on the total transaction value at a Legacy Lifestyle Partner store. This percentage reward may vary from partner to partner

4.9 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

4.9.1 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;

4.9.2 a Transaction has not been fully settled by the Member or if Transactions have been reversed; or

4.9.3 the Member's participation in the Legacy Lifestyle Programme is cancelled or revoked in terms of 7;

4.9.4 the participating Lifestyle Partner does not pay across to Legacy Lifestyle the corresponding amount due in respect of the Lifestyle Rands earned at such Lifestyle Partner; and/or

4.9.5 a Lifestyle Partner's participation in the Legacy Lifestyle Programme is suspended or terminated and they continue to issue or accept Lifestyle Rands.

4.10 The Member needs to follow the Partner Store's refund policy for any returns or refunds. Legacy Lifestyle will refund Lifestyle Rands within 30 days of the purchase but would be governed by the Partner's refund policy should it be less than 30 days.

4.11 Any cancellation/reversal/freezing of Lifestyle Rands, in terms of 4.9 above, will be reflected on the Member's Legacy Lifestyle Account. If Lifestyle Rands are cancelled, reversed, frozen or for any reason become void the Member shall not be compensated therefore and such cancelled, reversed, frozen or void Lifestyle Rands shall not be capable of being redeemed.

4.12 There are no limits on the number of Lifestyle Rands that a Member can earn whilst a Member.

4.13 Lifestyle Rands will not accrue to or be earned by a Member in respect of goods or services that have been discounted by a Lifestyle Partner.

4.14 Legacy Lifestyle reserves the right to make certain products or services exempt from earning Lifestyle Rands.

4.15 save as otherwise provide 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.

4.16 Members shall be entitled, where relevant, to rate their experience at the relevant Lifestyle Partner's shop, outlet or store by completing a performance and/or satisfactory rating form, which will be available at each Lifestyle Partner's point of sale .Each Member hereby consents to being contacted by a Lifestyle Partner, who has received a negative rating from such Member.

5. REDEEMING LIFESTYLE RANDS:

5.1 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.

5.2 In the event that a member achieves a balance of 500 Lifestyle Rands or more they may be required to update their profile with their personal particulars not limited to but including Name, Surname, Email Address, South African ID Number or Passport Number in order to redeem the rewards from their account.

5.3 For accommodation a Member will be able to redeem Lifestyle Rands by booking through the website (www.legacylifestyle.co.za) only. A member will not be able to redeem Lifestyle Rands on accommodation when booking directly at the property or through Central Reservations.

5.4 A Member shall not be entitled to countermand, cancel or amend any redemption request referred to in 5.1 once received and/or effected by Legacy Lifestyle or a Lifestyle Partner (whichever event is the earlier), without Legacy Lifestyle 's prior written consent.

5.5 A Member shall not be entitled to reverse, exchange, barter, sell or claim any refund or 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.

5.6 A Member shall bear all risk and liability for any Loyalty Benefit or voucher received in terms 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 between the relevant Lifestyle Partner providing such Loyalty Benefit and the Member directly.

5.7 In the event that a Loyalty Benefit or voucher is lost, stolen, destroyed or otherwise cancelled by any law, government action or similar event beyond the control of Legacy Lifestyle, Legacy Lifestyle shall not be liable howsoever 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.

5.8 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. All reservations and/or other arrangements relating to the Loyalty Benefits must be confirmed by the Member directly with the Lifestyle Partner and the Member shall be obliged to comply with the Lifestyle Partner's Loyalty Benefit terms and conditions with effect from the redemption date. 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.

5.9 Legacy Lifestyle provides no guarantees, warranties or representations regarding the 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.

5.10 The number of Lifestyle Rands required for a Loyalty Benefit may be varied from time to time by Legacy in its sole and absolute discretion.

5.11 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

 

6. FEES:

6.1 Legacy Lifestyle shall be entitled to charge and recover from the Member an administration fee in relation to every Transaction that is effected by a Member. The cost of such administration fee will be communicated to the Member by Legacy Lifestyle from time to time. In such event, the Member hereby authorises Legacy Lifestyle, at its discretion to debit the Member's Legacy Lifestyle Account with the fee (inclusive of Value Added Tax) applicable from time to time.

6.2 Legacy Lifestyle shall charge the member 3 Lifestyle Rands transaction fee, whenever the Member elects to redeem their Lifestyle Rands for a purchase and shall deduct this 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 be permitted to a maximum of minus 3 Lifestyle Rands.

6.3 When earning Lifestyle Rands, Legacy shall charge the Member 20% of the Lifestyle Rands earned.

6.4 When redeeming Lifestyle Rands, Lifestyle shall retain the full loyalty benefit as offered by the partner store as an admininistration fee.

6.5 Where a member has not directly earned or redeemed Lifestyle Rands for a period of the proceeding 3 consecutive months, Legacy Lifestyle shall have the right to levy an "Inactivity fee" of 4 Lifestyle Rands on the member at the end of the last consecutive month in the period.

7. TERMINATION:

7.1 Legacy Lifestyle may, at any time, for any reason, but on notice to the Member, terminate a Member's participation in the Legacy Lifestyle Programme. In such a case, the Member will have 30 days to spend any Lifestyle Rands that have been accumulated, unless −

7.1.1 Legacy Lifestyle believes that the Member's behaviour was inappropriate, constituted misconduct and/or is considered an abuse of the Legacy Lifestyle Programme;

7.1.2 The Member has breached these, or any other, terms and conditions relevant to the Legacy Lifestyle Programme; or

7.1.3 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

7.1.3.1 Procure that that Member forfeits all its Lifestyle Rands in its Legacy Lifestyle Account;

7.1.3.2 Immediately terminate that Member's membership to the Legacy Lifestyle Programme;

7.1.3.3 permanently disqualify that Member from accessing any discounts; and/or

7.1.3.4 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.

7.2 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 suffered by the Member or any third party.

7.3 Any Member may terminate its participation in the Legacy Lifestyle Programme on 30 days prior written notice to Legacy Lifestyle.

7.3.1 Where a member elects to terminate their participation in the Programme, their current Lifestyle Rand Balance shall automatically prescribe from their account to Legacy Lifestyle

7.4 During this notice period, the Member may spend, donate or transfer his/her Lifestyle Rands to any other Legacy Lifestyle Accounts, failing which that Member will forfeit all the Lifestyle Rands in that Member's Legacy Lifestyle Account when it is closed.

7.5 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. 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, amendment or termination of the Legacy Lifestyle Programme will affect any Lifestyle Rands that have been accumulated at the time.

8. LIMITATION OF LIABILITY:

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 -

8.1 Any damage which is suffered by the Member as a result of a loss, theft ;

8.2 Transfers of Lifestyle Rands made to other Legacy Lifestyle Accounts due to the input of incorrect information;

8.3 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;

8.4 The rejection of any Transaction at a Lifestyle Partner's points of sale or checkout point;

8.5 Any product or service unavailability or price fluctuations, whether due to currency fluctuations, increase in taxes or otherwise;

8.6 Any loss or damage with regard to a Members personal information or any other data directly or indirectly caused by interception, malfunction of Legacy Lifestyle's systems, third party systems, unlawful access to or theft of data ;

8.7 Computer viruses or destructive codes on Legacy Lifestyle's systems or third party systems or programming defects; and

8.8 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 9.3.

9. FORCE MAJEURE:

9.1 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 defined in 9.3) 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 customer shall be suspended to the corresponding extent.

9.2 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 the relevant transaction by giving not less than 30 days written notice of cancellation to the other party.

9.3 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, vismaior, casus fortuitus, any act of God, 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.

10. GENERAL:

10.1 In effecting 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.

10.2 Copyright in all materials made available through the Legacy Lifestyle Programme is owned either by Legacy Lifestyle and/or the Lifestyle Partners and protected by both RSA and other intellectual property laws. Accordingly, any unauthorised 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 displayed relating to the Legacy Lifestyle Programme are registered and unregistered trademarks of Legacy Lifestyle and/or the Lifestyle Partners. Nothing contained in the Legacy Lifestyle Programme should be construed as granting any licence or right to use any trademark, logos or service marks without the written permission of Legacy Lifestyle and/or the Lifestyle Partners.

10.3 These terms and conditions shall be governed by and construed in accordance with the laws of the RSA. The Member hereby consents to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg 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.

10.4 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 Legacy Lifestyle Programme.

10.5 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.

10.6 The Member waives any rights he may have or obtain against Legacy Lifestyle arising directly or indirectly from any loss or damage of whatsoever nature, which the Member may suffer as a result of the Legacy Lifestyle Programme, the redemption of Lifestyle Rands, any Loyalty Benefit or voucher or matter incidental thereto or the acts or omissions of any 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 Legacy Lifestyle Programme.

10.7 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 to the Member and such information shall not be considered unsolicited by the Member. The Member has the right to request that Legacy Lifestyle not send any such information.

10.8 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.

10.9 In the event of any dispute relating to which of the Lifestyle Partners and Lifestyle Partner stores the member may accrue or redeem his Lifestyle Rands, the Legacy Lifestyle website will be only and absolute point of reference for the participating Lifestyle Partners and Lifestyle Partner Stores and the associated Loyalty Benefit.

10.10 Legacy Lifestyle shall not be held liable for any misrepresentation, action, omission or any incorrect information supplied by any of the Lifestyle Partners.

10.11 By registering as a member of the Legacy Lifestyle Programme, the Member consents to Legacy Lifestyle collecting, processing, using and storing the personal information of the Members that the Member provides to Legacy Lifestyle, in Legacy Lifestyle's sole discretion.

11. COMPETITIONS:

11.1 Your entry into any Legacy Lifestyle Programme competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons ("your partner").

11.2 Any Legacy Lifestyle Programme competition is not open to -

11.2.1 Directors, members, partners, agents, employees or consultants of the Legacy Lifestyle Group or any supplier of goods or services in connection with the competition; and

11.2.2 the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 11.2.1 above.

11.3 Entrants under the age of 18 must obtain permission from their parents or guardians before entering.

11.4 To become eligible as a winner, you must have "liked" the Legacy Lifestyle fan page and otherwise have complied with the competition rules.

11.5 It is the Members responsibility to ensure that your entry is received by Legacy Lifestyle prior to the closure of the competition. Any entries which are not received by Legacy Lifestyle prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. Legacy Lifestyle and our affiliates are not responsible for any entries which are not received by Legacy Lifestyle, whether timeously or at all, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.

11.6 Legacy Lifestyle and its affiliates are not responsible for any injury or damage to your or any other person's computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.

11.7 It is your responsibility to ensure that any information which you provide to Legacy Lifestyle is accurate, complete and up to date.

11.8 Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. Legacy Lifestyle will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.

11.9 Legacy Lifestyle does not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that -

11.9.1 Your entry or participation in the competition will necessarily result in you winning a prize;

11.9.2 A prize, or any aspect thereof, will meet your, or, if applicable, your partner's, requirements, preferences, standards or expectations; or

11.9.3 A prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
11.10 Legacy Lifestyle and its affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.

11.11 Prizes may not be deferred, changed or exchanged for cash or any other item.

11.12 You may not win a prize if it is unlawful for Legacy Lifestyle to supply such a prize to you. If you do win such a prize, you will forfeit it.

11.13 You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.

11.14 The winners will be notified by means of the contact details provided to Legacy Lifestyle. If we are, or a third party supplier is, unable to contact a winner within 30 days or if the winner is unable to collect the prize within 60 days, the winner will forfeit the prize and Legacy Lifestyle reserves the right to re-draw a new winner under the same conditions.

11.15 In the event that you win a prize you agree to the publication of your name and to appear in person in the electronic media and the print media, and you agree, within reason, to endorse, promote or advertise our goods or services, for which no fee will be payable.
'
11.16 We may require you to provide Legacy Lifestyle with such additional information as we may reasonably require in order to process and facilitate your acceptance and/or use of a prize.

11.17 In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. Legacy Lifestyle will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.

11.18 Legacy Lifestyle and its third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against Legacy Lifestyle, our affiliates and third party suppliers.

11.19 You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.

11.20 Legacy Lifestyle and its affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by Legacy or any of its affiliates in accordance with the terms and conditions.

11.21 You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.

11.22 You acknowledge that the acceptance and use of a prize is subject to the proviso that -

11.22.1 All of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;

11.22.2 You will take full responsibility for your partner;

11.22.3 You indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner's acceptance and/or use of a prize;

11.22.4 Any minor will be accompanied by a parent or legal guardian.

11.23 If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, -

11.23.1 You will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);

11.23.2 you will pay Legacy Lifestyle for any loss or damage incurred by Legacy Lifestyle directly or indirectly as a result of your (or, if applicable, your partner's) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner's) non-compliance; and

11.23.3 you indemnify and hold Legacy Lifestyle and its affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.

11.24 For purposes hereof, "affiliate" means our partners, co promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.

11.25 These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa

11.26 Legacy Lifestyle and the judges' decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.

11.27 Facebook has in no way sponsored, endorsed or administrated the promotion directly, or by association.

11.28 Any information disclosed during the competition will be to Legacy Lifestyle to Facebook.

12. Movie Tickets

12.1 Movie ticket purchases which are made by credit card, debit card or Lifestyle Rands are non-refundable.

12.2 Movie ticket voucher codes are for single use only.

12.3 It is the responsibility of the member to familiarise themselves with the vendors offering, venue changes and showing times as Legacy Lifestyle cannot be held responsible for any variations to these.

12.4 Please note that movie ticket voucher codes are non-refundable

12.5 Movie ticket vouchers are only redeemable on 2D movie tickets.

13. Lifestyle Gift Vouchers:

13.1 The purchase of paper and electronic Lifestyle Rand Gift Vouchers can be fulfilled with an appropriate debit or credit card or with Lifestyle Rands, in the event a Member wishes to Redeem his/her Lifestyle Rands, Legacy Lifestyle will levy a 10% administrative charge on the full purchase value.

13.2 Lifestyle Rand Gift Vouchers are non-refundable and may be not exchanged for cash.

13.3 Lifestyle Rand Gift Vouchers are subject to verification by Legacy Lifestyle and may be suspended by Legacy Lifestyle.

13.4 Lifestyle Rand Gift vouchers are valid for a period of 36 months from the date of purchase.

13.5 Lifestyle Rand Gift Vouchers may only be Activated against a valid Legacy Lifestyle account.

13.6 Lifestyle Rand Gift Vouchers may not be Redeemed in any Legacy Lifestyle Partner, vouchers must be Activated online at www.legacylifestyle.co.za.

13.7 Legacy Lifestyle cannot be held liable for lost or stolen vouchers.

14. DEFINITIONS AND INTERPRETATION:
14.1 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

14.1.1 "Effective Date" in respect of each Member, means the date on which that Member registers for the Legacy Lifestyle Programme and is accepted and assigned an LL Account by Legacy;

14.1.2 "Legacy Partner" means those merchants and/or suppliers and/or service providers approved and appointed by Legacy, in its sole and absolute discretion from time to time, to participate in the Legacy Lifestyle Programme, as partners for purposes of the Loyalty Benefits;

14.1.3 "Legacy" means Legacy Lifestyle (Proprietary) Limited, a limited liability company established under the laws of the RSA, with registration number 2000/029614/07

14.1.4 "Legacy Lifestyle Programme" means the lifestyle programme established by Legacy for purposes of providing the Loyalty Benefits to Members;

14.1.5 "Legacy Rands" means the Legacy Lifestyle Programme "currency" being points earned by a Member for Transactions effected by a Member from time to time;

14.1.6 "LL Account" means a virtual account that is assigned by Legacy to each Member for the purposes of accessing and enjoying Loyalty Benefits;

14.1.7 "Loyalty Benefits" means the benefits that a Member is entitled to enjoy, including the ability to earn and redeem Legacy Rands, 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, from time to time, including holiday accommodation and other lifestyle benefits;

14.1.8 "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 an LL Account;

14.1.9 "Parties" means each Member and Legacy and 'party' means any of them as the context may require;

14.1.10 "RSA" means the Republic of South Africa; and

14.1.11 "Transaction" means any purchase effected by a Member at any shop, outlet or store owned or operated or excluding without limitation any refund or reversal of payment or other fees and charges levied by Legacy in respect of products and/or services provided from time to time and which rewards the Member eligible for Legacy Rands in terms of the Legacy Lifestyle Programme.

14.2 Unless the context clearly indicates a contrary intention:

14.2.1 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;

14.2.2 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.

14.3 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.

14.4 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.

14.5 When any number of days is prescribed, such number shall exclude the first and include the last day.

14.6 Any schedule or annexure to these terms and conditions shall form part of this agreement.

14.7 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.

14.8 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.

14.9 Recordals shall be binding on the parties and are not merely for information purposes.

15. INTRODUCTION:


15.1 Legacy has established a lifestyle and loyalty programme for its customers and the general public, in terms of which, it will offer and provide Loyalty Benefits to those customers and persons who join the Legacy Lifestyle Programme, as Members.

15.2 These terms and conditions form the basis of the Legacy Lifestyle Programme and are intended to regulate the relationship between Members and Legacy.

15.3 It is the Member's responsibility to read and understand these terms and conditions.

15.4 Every Member is subject to these terms and conditions and is deemed to have read and unconditionally accepted these terms and conditions.

16. ELIGIBILITY, REGISTRATION AND PARTICIPATION:


16.1 Legacy shall be entitled, in its sole and absolute discretion, to determine who is eligible to become a Member of the Legacy Lifestyle Programme.

16.2 Subject to 6, any person may register to become a Member in any of the following ways, by:

16.2.1 Logging onto the Legacy website (www.legacylifestyle.co.za) and completing and submitting the online application form;

16.2.2 completing an application form at any Lifestyle Partner point of sale or check out point;

16.2.3 Sending a short text message (sms) with their Name and Surname to Legacy at following number 45077;

16.2.4 completing an application form at a touch screen operated by Legacy at any of its hotels and resorts where applicable; or

16.2.5 signing up with any Legacy sales representative.

16.3 After the completion of the registration process, in accordance with 3.2, Legacy will authenticate the person. Only once the person has been authenticated by Legacy will be, at the sole discretion of Legacy, be accepted as a Member and be allocated an LL Account.

16.4 No person other than a Member shall be entitled to participate in the Legacy Lifestyle Programme.

16.5 Any person, whose membership has, in the last 2 years been terminated or cancelled by Legacy for default and/or breach of these terms and conditions, shall not be eligible to become a Member of the Legacy Lifestyle Programme.

16.6 Each Member acknowledges that:

16.6.1 he is aware that Legacy has contractual arrangements with Lifestyle Partners in the Legacy Lifestyle Programme but that it is at all times within Legacy'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

16.6.2 it has no rights against Legacy if a Lifestyle Partner in any manner breaches its contractual obligations to Legacy or refuses to grant that Member any Loyalty Benefits or grants a Loyalty Benefit different to which the Member expected.

16.7 The Member will be eligible to participate in any competitions arranged or organised by Legacy and/or the Lifestyle Partners pursuant to or in connection with the Legacy Lifestyle Programme, provided that no employees of Legacy or the Lifestyle Partner/s (or their immediate families) shall be eligible to enter any competition. Prizes awarded in terms of the Legacy Lifestyle Programme are not transferable and have no monetary exchange value and may not be converted to cash.

17. EARNING LEGACY RANDS:


17.1 Legacy Rands may only be earned and accumulated with effect from the Effective Date. Legacy will not be obliged to award Legacy Rands for Transactions effected prior to the Effective Date.

17.2 A Member can earn Legacy Rands at any Lifestyle Partner specified by Legacy from time to time.

17.3 Subject to 4.6 below, Legacy Rands will be accumulated directly to a Member's LL Account as soon as the Transaction is recorded at a Lifestyle Partner's point of sale.
17.4 The Member agrees that Legacy Rands are neither negotiable nor transferable. However, Legacy Rands may be transferred for redemption purposes between immediate family members, subject to Legacy's approval and in accordance with the provisions of 5 below.

17.5 A Member may not sell, issue, exchange, barter or redeem Legacy Rands for cash.

17.6 Legacy Rands may take up to 30 days from the date upon which any Transaction is effected by a Member to reflect on a Member's LL Account and become effective. In the event that Legacy Rands are not reflected within this period, the Member must contact Legacy requesting the Legacy Rands to be credited. If Legacy receives no written objection concerning the allocation of Legacy Rands within 7 days from the expiry of the 30 day period, any Transaction and allocation of Legacy Rands reflected in such LL Account shall be deemed to have been approved and ratified by the Member.

17.7 Legacy Rands may be transferred into or used to purchase a gift voucher.

17.8 A Member will earn Legacy Rands as a percentage back on the total transaction value at a Legacy Lifestyle Partner store. This percentage reward may vary from partner to partner

17.9 Legacy reserves the right, at its election, to refuse to record or honour and to cancel or reverse any Legacy Rands earned or accumulated if

17.9.1 The Legacy 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;

17.9.2 A Transaction has not been fully settled by the Member or if Transactions have been reversed; or

17.9.3 The Member's participation in the Legacy Lifestyle Programme is cancelled or revoked in terms of 7.

17.10 The Member needs to follow the Partner Store's refund policy for any returns or refunds. Legacy will refund Legacy Rands within 30 days of the purchase but would be governed by the Partner's refund policy should it be less than 30 days.

17.11 Any cancellation/reversal of Legacy Rands, in terms of 4.9 above, will be reflected on the Member's LL Account. If Legacy Rands are cancelled, reversed or for any reason become void the Member shall not be compensated therefore and such Legacy Rands shall not be redeemed.

17.12 Whenever a Member refers any person who is not, at the time a Member ("referred party"), to stay at any of Legacy's hotels and resorts, that Member shall be entitled to earn 3% of the referral party's accommodation value, in Legacy Rands.

17.13 In order for the Member to obtain the Legacy Rands referred to in 4.11, the member will have to first elect to become a Legacy Ambassador on their account login page and accept the terms and conditions therein

17.14 In order for the Member to obtain the Legacy Rands referred to in 4.11, the referred party will need to log onto the following website (www.legacytraveller.com) and enter the Member's cell phone number as the redemption code. This will simultaneously qualify the referred party for a special introductory discount at any of Legacy's hotels and resorts specified by Legacy from time to time.

17.15 There are no limits on the number of Legacy Rands that a Member can earn at any given time.

17.16 Legacy Rands will not accrue to or be earned by a Member in respect of goods or services that have been discounted by a Lifestyle Partner.

17.17 Legacy reserves the right to make certain products or services exempt from earning Legacy Rands.

17.18 Legacy Rands shall be valid for a period of 36 months from the date on which they are earned by a Member.

17.19 Members shall be entitled, where relevant, to rate their experience at the relevant Lifestyle Partner's shop, outlet or store by completing a performance and/or satisfactory rating form, which will be available at each Lifestyle Partner's point of sale .Each Member hereby consents to being contacted by a Lifestyle Partner, who has received a negative rating from such Member.

18. REDEEMING LEGACY RANDS:


18.1 A Member shall be entitled to redeem Legacy Rands earned and accumulated in respect of Transactions for Loyalty Benefits, provided his/her LL Account is in good standing.

18.2 For accommodation a Member will be able to redeem Legacy Rands by booking through the website (www.legacylifestyle.co.za) only. A member will not be able to redeem Legacy Rands on accommodation when booking directly at the property or through Central Reservations.

18.3 A Member shall not be entitled to countermand, cancel or amend any redemption request referred to in 5.1 once received and/or effected by Legacy or a Lifestyle Partner (whichever event is the earlier), without Legacy's prior written consent.

18.4 A Member shall not be entitled to reverse, exchange, barter, sell or claim any refund or any Loyalty Benefits or voucher, nor shall the Member be entitled to convert any Loyalty Benefits or voucher back into Legacy Rands for any reason whatsoever, regardless of whether the Loyalty Benefits and/ or voucher has not been used or has expired.

18.5 A Member shall bear all risk and liability for any Loyalty Benefit or voucher received in terms 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 between the relevant Lifestyle Partner and the Member directly.

18.6 In the event that a Loyalty Benefit or voucher is lost, stolen, destroyed or otherwise cancelled by any law, government action or similar event beyond the control of Legacy, Legacy shall not be liable howsoever to replace such Loyalty Benefit or voucher or to reimburse the Member with the equivalent number of Legacy Rands as were redeemed.

18.7 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. All reservations and/or other arrangements relating to the Loyalty Benefits must be confirmed by the Member directly with the Lifestyle Partner and the Member shall be obliged to comply with the Lifestyle Partner's Loyalty Benefit terms and conditions with effect from the redemption date. 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 Legacy Rands in terms of the Legacy Lifestyle Programme.

18.8 Legacy provides no guarantees, warranties or representations regarding the 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.

18.9 The number of Legacy Rands required for a Loyalty Benefit may be varied from time to time by Legacy in its sole and absolute discretion.

18.10 Members will not in any way be precluded, limited, blocked, restrained or prohibited from enjoying any of the Loyalty Benefits.

19. FEES:


Legacy shall be entitled to charge and recover from the Member an administration fee in relation to every Transaction that is effected by a Member. The cost of such administration fee will be communicated to the Member by Legacy from time to time. In such event, the Member hereby authorises Legacy, at its discretion to debit the Member's LL Account with the fee (inclusive of Value Added Tax) applicable from time to time.

19.1 Legacy shall charge the member 3 Legacy Rands transaction fee, whenever the Member elects to redeem their Legacy Rands for a purchase

19.2 When earning Legacy Rands, Legacy shall charge the Member 20% of the Legacy Benefit earned

19.3 When redeeming Legacy shall retain the full loyalty benefit as offered by the partner store as an admin fee

20. TERMINATION:


20.1 Legacy may, at any time, for any reason, but on notice to the Member, terminate a Member's participation in the Legacy Lifestyle Programme. The Member will have 30 days to spend any Legacy Rands that have been accumulated, unless:

20.1.1 Legacy believes that the Member's behaviour was inappropriate, constituted misconduct and/or is considered an abuse of the Legacy Lifestyle Programme;

20.1.2 the Member has breached these, or any other, terms and conditions relevant to the Legacy Lifestyle Programme; or

20.1.3 a fraudulent Transaction was conducted directly or indirectly by such Member, in which case, Legacy 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's sole discretion, to

20.1.3.1 procure that that Member forfeits all its Legacy Rands in its LL Account;

20.1.3.2 immediately terminate that Member's membership to the Legacy Lifestyle Programme;

20.1.3.3 permanently disqualify that Member from accessing any discounts; and/or

20.1.3.4 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.

20.2 If Legacy terminates a Member's participation in the Legacy Lifestyle Programme, Legacy will not be liable for any damages of any nature suffered by the Member or any third party.

20.3 Any Member may terminate its participation in the Legacy Lifestyle Programme on 30 days prior written notice to Legacy.

20.4 During this notice period, the Member may spend, donate or transfer his/her Legacy Rands to any other LL Accounts, failing which that Member will forfeit all the Legacy Rands in that Member's LL Account when it is closed.

20.5 Every Member accepts that Legacy may, in its sole and absolute discretion, from time to time amend, replace, withdraw or substitute the Legacy Lifestyle Programme, or suspend any of the Lifestyle Partners or any aspect thereof or the terms and conditions relating thereto, without incurring any liability whatsoever. Legacy 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 may deem fit. No alteration, amendment or termination of the Legacy Lifestyle Programme will affect any Legacy Rands that have been accumulated at the time.

21. LIMITATION OF LIABILITY:


Legacy 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 was expressly advised of the possibility of such loss or damage) arising as a result of:

21.1 any damage which is suffered by the Member as a result of a loss, theft;

21.2 transfers of Legacy Rands made to other LL Accounts due to the input of incorrect information;

21.3 any interruption, malfunction, downtime or other failure of the Transaction processing software system or the ingenico payment terminal or third party system or any component thereof for whatever reason;

21.4 the rejection of any Transaction at a Lifestyle Partner's points of sale or checkout point;

21.5 any product or service unavailability or price fluctuations, whether due to currency fluctuations, increase in taxes or otherwise;

21.6 any loss or damage with regard to a Members personal information or any other data directly or indirectly caused by interception, malfunction of Legacy's systems, third party systems, unlawful access to or theft of data;
21.7 computer viruses or destructive codes on Legacy's systems or third party systems or programming defects; and

21.8 any event which is beyond Legacy's control, including but not limited to any delays, cancellations, over bookings, strikes, or events of force majeure as defined in 9.3.

22. FORCE MAJEURE:


22.1 Should Legacy 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 defined in 9.3) then those obligations shall be deemed to have been suspended to the extent that and for so long as Legacy is so prevented from fulfilling them, and the corresponding obligations of the customer shall be suspended to the corresponding extent.

22.2 Should an event of force majeure continue for more than 180 days, either party shall be entitled (but not obliged) to cancel the relevant order by giving not less than 30 days written notice of cancellation to the other party.

22.3 An "event of force majeure" shall mean any event or circumstance of any nature whatever which is not within the reasonable control of Legacy or any Lifestyle Partner including, without any limitation, vis maior, casus fortuitus, any act of God, 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.

23. GENERAL:


23.1 In effecting any Transaction on behalf of a Member, Legacy shall not act nor shall it be deemed to be acting as the Member's agent nor as the agent of any Lifestyle Partner.

23.2 Copyright in all materials made available through the Legacy Lifestyle Programme is owned either by Legacy and/or the Lifestyle Partners and protected by both RSA and other intellectual property laws. Accordingly, any unauthorised 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 displayed relating to the Legacy Lifestyle Programme are registered and unregistered trademarks of Legacy and/or the Lifestyle Partners. Nothing contained in the Legacy Lifestyle Programme should be construed as granting any licence or right to use any trademark, logos or service marks without the written permission of Legacy and/or the Lifestyle Partners.

23.3 These terms and conditions shall be governed by and construed in accordance with the laws of the RSA. The Member hereby consents to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg 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.

23.4 Otherwise than as required by law, Legacy 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 Legacy Lifestyle Programme.

23.5 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.

23.6 The Member waives any rights he may have or obtain against Legacy arising directly or indirectly from any loss or damage of whatsoever nature, which the Member may suffer as a result of the Legacy Lifestyle Programme, the redemption of Legacy Rands, any Loyalty Benefit or voucher or matter incidental thereto or the acts or omissions of any Lifestyle Partner and agrees that Legacy is not responsible for any death or injury or direct or consequential loss or damage (including loss of profits or data) arising from the Legacy Lifestyle Programme.

23.7 The Member accepts that by participating in the Legacy Lifestyle Programme, Legacy may in its sole and absolute discretion send marketing and promotional information relating to the Legacy Lifestyle Programme to the Member and such information shall not be considered unsolicited by the Member. The Member has the right to request that Legacy not send any such information.

23.8 Any communication contained on the Legacy website will be deemed to be sufficient communication or notice relating to the Legacy Lifestyle Programme and shall be binding on the Member.

23.9 Legacy shall not be held liable for any misrepresentation, action, omission or any incorrect information supplied by any of the Lifestyle Partners.

24. SAA VOYAGER AND LEGACY LIFESTYLE PARTNERSHIP:


24.1. In order for a member to convert their Voyager Miles to Legacy Rands they must accept the terms and conditions of Legacy Lifestyle membership and activate their Legacy lifestyle membership, if not already a member.

24.2. Once a conversion is completed the conversion is final and cannot be reversed.

24.3. Conversions from Voyager Miles to Legacy Rands and vice versa may only take place on through official SAA and Lifestyle websites.

24.4. Voyager Miles are converted to Legacy Rands at a rate of ZAR 0.04 per mile, which rate is inclusive of 20% admin fees and free of VAT charges.

24.5. Legacy Rands are converted to Voyager Miles at a rate of ZAR0.1254 per Voyager Mile inclusive of a 10% admin fee and VAT.

24.6. All terms and conditions of membership of the programmes namely SAA Voyager and Legacy Lifestyle apply to their respective members.

24.7. Once conversion has taken place it could take up to 48 hours for the respective rewards to show in the members account.

24.8. In the event of Voyager Miles being converted to Legacy Rands it could take up to 30 days for the rewards to become available to be spent.

24.9. A minimum of 6000 Voyager Miles are required before a member is eligible to convert them to Lifestyle Rands.

25. AVIOS AND LEGACY LIFESTYLE PARTNERSHIP:


25.1. In order to link ones Avios and Lifestyle profile , the member must have completed a full registration with both Avios and Legacy Lifestyle;
25.2. Members accept the receipt of transactional and account balance communications from the Lifestyle programme;

26. AVIOS PROFILE LINKAGE;


26.1. It may take up to 24 hours for the profile linkage to become active;
26.2. In order to link profiles Members must visit www.legacylifestyle.co.za/avios or alternatively click the Avios tab on the website and/ or Mobi App.
26.3. In linking profiles Members automatically accept the terms and Conditions of both respective programmes;
26.4. Members are bound by the terms and conditions of each respective programme;

27. AVIOS CONVERSION


27.1. Conversion of Lifestyle Rands to Avios is only available through the Legacy Lifestyle Website and mobile application, which platforms may be updated form time to time;
27.2. Lifestyle Members whom have activated the Avios profile link are able to convert their Lifestyle Rands to Avios;
27.3. Members will earn 5 Avios for every 1 Lifestyle Rand converted, which rate may be amended by the programmes in their sole discretion from time to time;
27.4. Avios may take up to 14 days to reflect once conversion has been completed;
27.5. The Programmes reserve the right to suspend , reverse or cancel any transactions pending further investigation at any time;

28. AVIOS SWEEP FUNCTIONALITY;


28.1. A member may elect to set up an automatic "Sweep" on their account which will automatically convert Lifestyle Rands to Avios
28.2. These transactions shall occur on either time or value intervals as determined by the member
28.3. These "Sweep" transactions cannot repeat for more than 6 occurrences before being reconfigured

29. AVIOS APPLICABLE REWARDS


29.1. Only Lifestyle Rands earned by Members post the date of their respective Avios profile linkage will be eligible for conversion into Avios;

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