1) Any use by you of the BuySmart , Whatsapp platform or web platform/site (“the Platforms”) operated at www.tigerbrands.com/ourbrands/buysmart is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement.
2) We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion.
3) Your use of the Platforms will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.
4) If you do not accept these terms & conditions, please immediately desist from accessing the Platforms.
5) The Platforms is made available by Tiger Consumer Brands Limited and its subsidiaries, affiliates, parent companies and any of their related businesses are referred to in these Terms & Conditions as "we", "us" or "our".
6) If there are any subscriptions offered, you may subscribe and choose to unsubscribe later by following the prompts on the Platforms.
7) Any users submitting pornographic, offensive and explicit content will be removed and blocked from the BuySmart platform.
8) Users can submit a maximum of 3 till slips per day.
9) Rights - all rights in all material and content (including, but not limited to, text, images, web pages, sound, software, including, code, interface and the Platforms and video, and the look and feel, design and compilation thereof) contained in the Platforms are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
10) Intellectual Property - We are the owner and/or authorised user of all trademarks, service marks, designs, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Platforms, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Platforms does not grant you any right, title, interest or license to any such intellectual property you may access on the Platforms. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.
11) Copying - You may view the Platforms and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
10) In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.
11) No liability - to the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential ,or otherwise) suffered by you as a result of your use of the Platforms or from any advice or information received through the Platform and any computer virus transmitted through the Platforms, or other platforms accessed from the Platforms, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage.
12) Materials submitted by you - Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Platforms, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Platforms, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
13) Links to other sites do not constitute an endorsement by or association with us of such other sites or the content, products, advertising or other materials presented on such other sites. We have no control over these other sites and do not edit or monitor them. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, LOSS OR COST CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH OTHER SITES. YOU AGREE TO BEAR THE COSTS OF ANY DATA INCURRED WHEN CLICKING ON LINKS TO ON THE PLATFORM/SITE. THESE WILL BE STANDARD RATES IN LINE WITH YOUR SERVICE PROVIDER.
14) INDEMNITY - YOU WILL INDEMNIFY US AGAINST ANY LOSS, DAMAGE OR COST INCURRED BY US ARISING OUT OF YOUR USE OF THE PLATFORMS, ANY OF ITS SERVICES OR ANY INFORMATION ACCESSIBLE OVER OR THROUGH THE PLATFORMS, INCLUDING INFORMATION OBTAINED FROM LINKED PLATFORMS, YOUR SUBMISSION OR TRANSMISSION OF INFORMATION OR MATERIAL ON OR THROUGH THE PLATFORMS OR YOUR VIOLATION OF THESE TERMS & CONDITIONS OR ANY OTHER LAWS, REGULATIONS AND RULES. YOU WILL ALSO INDEMNIFY AGAINST ANY CLAIMS THAT INFORMATION OR MATERIAL WHICH YOU HAVE SUBMITTED TO US IS IN VIOLATION OF ANY LAW OR IN BREACH OF ANY THIRD PARTY RIGHTS (INCLUDING, BUT NOT LIMITED TO, CLAIMS IN RESPECT OF DEFAMATION, INVASION OF PRIVACY, BREACH OF CONFIDENCE, INFRINGEMENT OF COPYRIGHT OR INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHT). WE RESERVE THE RIGHT TO EXCLUSIVELY DEFEND AND CONTROL ANY CLAIMS ARISING FROM THE ABOVE AND ANY SUCH INDEMNIFICATION MATTERS AND THAT YOU WILL FULLY COOPERATE WITH US IN ANY SUCH DEFENCES.
15) Restriction, Suspension and Termination - We may restrict, suspend or terminate your access to the Platforms and/or your ability to avail of any of the services on the Platforms, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Platforms as a whole or any sections or features of the Platforms at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
16) Entire Agreement - These Terms & Conditions, including our Privacy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Platforms, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
17) Law and Jurisdiction - These Terms & Conditions, including the Privacy Statement and any matter relating to the Platforms, shall be governed by South African law. To the extent that software is accessible through the Platforms, such software may be subject to export, re-export and/or import controls imposed by any other jurisdiction and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the South Africa has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national or one any such country or on any such list.
1) This Policy also covers the treatment of personally identifiable information that Tiger Brands business partners may share with it.
3) Tiger Brands respects Your privacy and will take reasonable measures to protect it, as more fully detailed below.
4) Tiger Brands will implement and operate physical, administrative and technical information security controls in order to preserve confidentiality, integrity and accessibility of information assets to manage risks related to information security.
5) Should You decide to register as a user on the Platforms, we may require You to provide us with personally identifiable information which includes but is not limited to -
i) Your name and surname;
ii) Your email address;
iii) Your physical address;
iv) Your gender;
v) Your mobile number; and
vi) Your date of birth.
6) We collect data about how You use our services and products, such as the types of content You view or engage with, or the frequency and duration of Your activities. We also collect personal data You provide us when You sign up for a marketing newsletter, complete a survey or register for an account to buy our products. In so doing, we may ask for personal data, such as Your name, gender, date of birth, address, email address, telephone number or credit card details. We may collect “special categories of personal data” about You with Your explicit consent.
8) We may collect personal data from other sources including our trusted partnerships with third-parties and where we operate Tiger Brands accounts on third-party platforms: For example, when You use the “like” functionality on Facebook or the +1 functionality on Google+. Additionally, we receive information about You and other visitors’ interactions with our advertising to measure whether our advertising is relevant and successful. We also collect information about You and Your activities from a third-party when we jointly offer services or products, or from third-party data enrichment providers (to find out more see our privacy key terms ) who may deliver insights to Tiger Brands about the personal data we hold.
9) Log Information – When You use our services, we may automatically collect and store certain information in server logs. This may include:
i) Details of how You used our service, such as Your web clicks.
a) Internet protocol address.
ii) Device event information such as system activity, hardware settings, browser type, browser language, the date and time of Your request and referral URL.
iii) Cookies that may uniquely identify Your browser or Your Tiger Brands account.
ii) Should Your personally identifiable information change, please inform us and provide us with updates to Your personal information as soon as reasonably possible to enable us to update Your personal information.
c) Should we receive Your personal identifiable information, through the use of the Platforms, You agree and acknowledge that Tiger Brands may -
i) treat Your personally identifiable information as strictly confidential;
ii) take appropriate technical and organisational measures to ensure that Your personally identifiable information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
iii) provide You with access to Your personally identifiable information to view and/or update personal details;
iv) promptly notify You if we become aware of any unauthorised use, disclosure or processing of Your personally identifiable information;
v) provide You with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
vi) upon Your request, promptly return or destroy any and all of Your personally identifiable information in our possession or control.
d) We will not retain Your personally identifiable information longer than the period for which it was originally needed, unless we are required by law to do so, or You consent to us retaining such information for a longer period.
10) We collect, process and disclose Your personal data for the following purposes:
a) To process Your payments, if You purchase our products, to provide You with Your order status, deal with Your enquiries and requests, and assess and handle any complaints;
b) To process and answer Your inquiries or to contact You to answer Your questions and/or requests;
c) To develop and improve our products, services, communication methods and the functionality of our websites;
d) For the purposes of competitions or promotions that You have entered;
e) To communicate information to You and to manage Your registration and/or subscription to our newsletter or other communications;
f) To manage our everyday business needs regarding Your participation in our contests, sweepstakes or promotional activities or request;
g) To authenticate the identity of individuals contacting us by telephone, electronic means or otherwise;
h) For internal training and quality assurance purposes;
i) To understand and assess the interests, wants, and changing needs of consumers, to improve our website, our current products and services, and/or developing new products and services; and
j) To provide personalised products, communications and targeted advertising as well as product recommendations to You.
11) Where appropriate, we will ask for Your consent to process the personal data. Where You have given consent for processing activities, You have the right to withdraw Your consent at any time.
12) In some cases, we rely on legitimate interest for processing Your personal data. A legitimate interest could exist for example, when You sign up for a loyalty scheme with one of our brands and we use the personal data collected to conduct data analytics to improve our products or services. This ground will only be used where it is necessary to achieve a legitimate interest, for example to assist in the performance of a contract, or to optimise a service, and does not outweigh Your rights as an individual. This legal basis will only be relied upon where there is no less intrusive way to process Your personal data. We can assure You that if legitimate interest is used as a ground for processing Your personal data, we will keep a record of this and You have the right to ask for this information.
13) We may process Your personal data to perform a contract to which You are or will be a party. For example, we need to process Your personal data to deliver a product or a service You bought, to allow you to take part in one of our competitions, or to send You samples that You have requested.
14) We may process Your personal data when we have a legal obligation (e.g., tax or social security obligations) to perform such processing. For example, a court order or a subpoena may require us to process personal data for a particular purpose, or we may be compelled to process personal data to report suspicious transactions under the local anti-money laundering rules.
15) Information Sharing and Disclosure
a) Take note that Tiger Brands sends personally identifiable information about You to other companies or people when:
i) we have Your consent to share the information
ii) we need to share Your information with third parties, such as banks and credit card processors, to provide the Service You have requested
iii) it is appropriate to comply with law
iv) it is necessary to enforce or apply the terms and conditions of our agreement with our merchant and other applicable agreements
v) it is necessary to protect the rights, property, or safety of Tiger Brands, our users, or others, which may include the exchange of information with other organizations for fraud protection and/or risk reduction. In the event that Tiger Brands is acquired, merchant account information may be one of the transferred assets.
Note: It is important for You to protect against unauthorized access to Your login ID/password, other sensitive account data and to Your computer. Be sure to sign off when finished using a shared computer and otherwise safeguard the password used to access the Tiger Brands services.
BuySmart – Tiger Brands Loyalty Platform
BuySmart is a Tiger Consumer Brands Limited (“Tiger Brands”) loyalty & rewards platform. You will engage with BuySmart via WhatsApp. You will be able to upload photos of your till slips via the BuySmart bot and receive points for your purchases. A certain number of points will be assigned per product based on the product value.
When you achieve a certain number of points, you will be able to access the BuySmart rewards store and “purchase” rewards with your BuySmart points. Rewards will be sent to the you as a digital voucher and the amount of points needed to “purchase” the reward will be deducted from your points balance.
How it works
You will initiate a WhatsApp message to the bot and receive a response in the form of a menu of offerings the bot can action. Before you can access the items in the menu you must opt-in to the platform by adding your phone number and agree to the platform T&Cs and future communications from Tiger Brands. Phone numbers will be validated by a one-time pin SMSed your phone number. You will need to send this pin to the bot and on-boarding will then be complete. The T&C’s will be available on www.tigerbrands.com/ourbrands/buysmart.
Once you have opted in, You will then be sent a menu items to choose from (like a USSD string). Once you select a menu item you will be sent information about that menu item. Menu items are as below:
1. About BuySmart
You will be able to request more information about how BuySmart works and the bot will respond with a detailed description of how the platform works and how you should engage with it.
You will be able to request information about the specials running on BuySmart and the bot will respond with the specials currently running. Specials would be products with many points associated with your purchase for a selected period.
3. Submitting photo of till slip
You can submit a photo of your till slip directly onto the BuySmart bot. You must ensure the photo is:
- The till slip number is clearly shown
- Is not a duplicate of a till slip already submitted to BuySmart
- Contains a BuySmart product(s)
If the above items are not adhered to your till slip will be rejected. Tiger Brands shall not be liable for any technical issues including network issues.
You will receive a message thanking you for the upload and telling you that you will get confirmation/ feedback on how many points you have earned within 72 hours of the upload.
If approved, you will be sent a message thanking you for your submission and telling you how many points you have been awarded.
The platform is for home shoppers only and not consumers purchasing bulk buys for stores and businesses. Consumers will only be able to receive points for up to 5 of the same product submitted on 1 till slip. If they purchase more than 5 of the same product, they will only receive points for 5 purchases.
4. BuySmart products and associated points
Each product on the BuySmart platform will have several points assigned to it. When you purchase a qualifying product, you are awarded the appropriate points corresponding to the purchase and configured Tiger Specials for the period.
Tiger Brands will decide how many points should be allocated per product. This will be calculated as a percentage of the products retail price. The product will be allocated by product category.
You may view a list of all the BuySmart products and their associated points on the BuySmart platform.
5. Your points balance
Your points will be stored in the system against your cell phone number. This option will allow you to request your points balance, the bot will respond with a message detailing the number of points you have accumulated.
6. Spending BuySmart points on Rewards
You will be able to view available rewards on the bot. This will show you a list of rewards available and how many BuySmart points required to purchase these rewards. Rewards will be purchased with BuySmart points. You will receive the rewards as a digital voucher. Once you have selected your reward, the number of points associated with that reward will be deducted from your points balance and the reward will be sent to you.