Terms and Conditions!

OUTLINE:

These Terms and Conditions will govern the participation of individuals / groups of the Program.

By accessing and participating in this Program, you, the Participant, are deemed to have secured the required authorisation from your Superior, Store Manager and or Head Office.

MyClaim may, at any time inform a Participant's employer of the Participant's participation in the MyClaim Sales Incentive.

MyClaim accepts no responsibility for any participation in the MyClaim Program that may lead to a breach in the Participant's employment agreement or any other agreement or arrangement.

You are further in agreement that you have read, understood and consented to all the Terms and Conditions prior to participating in this Program.

MyClaim may at its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions.

All individuals and or entities that participate in the Program, agree to be bound by the above outline and the following provisions.

INTRODUCTION:

1.1 The Program will run from the 1st of November 2022 onwards and may be extended or reduced at the Organiser's sole discretion.

1.2 Any such change in the Program Period by the Organiser shall be communicated to Participants.

1.3 Participation is free of charge, apart from any data costs that the Participant may incur when accessing the claims portal via his/her personal computer, tablet, mobile phone, note book or any such similar device.

1.4 Each Participant may participate under one personal username only.

1.5 To be eligible to participate in this Program and receive incentives, the Participant must meet the following requirements:

- be a resident South African and be employed at a dealer sales partner store as a floor sales consultant (FSC) and/or store manager and/or dealer principal;

- register him/herself on www.myclaim.co.za;

- have his/her registration verified via www.myclaim.co.za and/or by MyClaim.

- inform SARS of any additional earnings received via this incentive program;

- your participation will be effective when your online registration is accepted and a sms is sent to the new participant with their login details;

- participation is offered at the discretion of MyClaim, and MyClaim has the right to accept or reject any application for participation at its sole discretion;

- receive a Rewards card within two weeks of registration, which will be provided by the Organiser;

- lawfully sell a Product listed on the website in order to earn pay-outs;

- submit his/her claim for verification on request, through the following official channel:

Direct Email Address: info@myclaim.co.za.

- All payouts will be loaded by MyClaim onto the Participant's Rewards Card

- Only 1 (one) dealer principal may be registered per store.

- Only FSCs, store managers, and/or dealer principals may participate in this Program.

- The use of an assigned personal username is expressly limited to the registered Participant and you may not be transferred to any other party, whether temporarily or permanently. The Participant agrees to bear sole responsibility for all use of the allocated personal username and for the confidentiality of the issued password. MyClaim will suspend access or change access to the Participant's personal username upon notification to MyClaim by the Participant, through an email to info@myclaim.co.za, that a Participant has lost his/her password through theft or otherwise compromised immediately.

1.6 Only Participants may access the services on this website. The Participant shall ensure that his/her personal username and password are kept securely and confidentially and not permitting its release to third parties. The Participant is solely responsible for maintaining the confidentiality of his/her personal username and password. MyClaim will therefore not be liable for any claim, damage, expense or loss incurred by a Participant or any third party as a result of the Participant's failure or inability to do so.

1.7 If, at any time, a Participant is preparing to emigrate from South Africa, he/she will no longer be eligible to be a Participant or to receive rewards. Please inform MyClaim promptly of any intention or preparation to emigrate from South Africa by emailing info@myclaim.co.za.

1.8 Participants who have lodged a fraudulent claim will be automatically deleted from the Program without notice.

PARTICIPANT INTERACTION:

The Participant hereby agrees to the following:

2.1. be solely responsible for and take all such measures and steps to maintain and protect the confidentiality of his/her password (including but not limited to changing his/her password from time to time);

2.2. take all such measures and steps to prevent any unauthorised use of his/her personal username;

2.3. taking all such measures and steps to prevent publication of his/her password;

2.4. be solely responsible for any and all activities which occur and/or any and all messages, information and other materials furnished, created and/or submitted under his/her personal username;

2.5. immediately notify MyClaim on info@myclaim.co.za if he/she becomes aware of, suspects or has any reason to believe that there is any unauthorised use of his/her personal username or any other breach of security;

2.6 to co-operate with the Organiser in all such security investigations and to indemnify, defend and hold harmless MyClaim and or the Organiser for any liability or expense arising from such use or misuse.

2.7. being solely responsible for any and all activities and transactions performed through his/her personal username on the www.myclaim.co.za website. Any transaction or use of this website under his/her personal username which is authenticated by his/her password shall be deemed to be on the Participant's behalf or as his/her agent, with due authorization from the Participant at all times. Any transaction made on the www.myclaim.co.za website using any of the Participant's personal username and password and through his/her personal username shall be deemed to be binding on the Participant.

2.8. All Consultant, Supervisor or Manager claims or queries not resolved within 14 days will not be paid out. The onus is on the participant to follow up on unresolved matters and check on the status of both their queries and claims.

2.9. not acquiring any rights to his/her personal username or password selected by the Participant or assigned to you by MyClaim or the Organiser and aforementioned. MyClaim reserves the right to change the same at its sole discretion without being liable to the Participant for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, punitive, exemplary or consequential) suffered.

2.10. be required to provide information about the Participant for registration or otherwise which is complete and accurate. The Participant may update the information online from time to time as required.

2.11. promptly inform MyClaim and or the Organiser of any changes in his/her delivery address; breaches of security; including loss, theft, or unauthorised disclosure or use of his/her personal username or password; or changes in his/her email address. Until MyClaim and or the Organiser receives notice of a breach of security, the Participant will remain liable for any unauthorised use charged to his/her personal username.

2.12. acknowledge and represent that he/she is not younger than 18 years old and agrees that it is a condition of participation that he/she consents and authorises MyClaim and/or the Organiser to disclose all information provided by the Participant to MyClaim and or the Organiser including his/her personal information, to its affiliates, agents, sub-contractors and/or service providers and their staff, employees, officers and agents for the purposes of:

2.12.1. MyClaim and/or the Organiser providing services, including the awarding of rewards/payouts to the Participant;

2.12.2. MyClaim and or the Organiser improving MyClaim customer service, including by means of research, marketing, product development and planning;

2.13. accept that this information may be transferred to or from South Africa for these purposes; noting that if all or any part of the requested information is not provided by the Participant, the services provided to the Participant by MyClaim and or the Organiser may be affected.

2.14. the Participant's personal information being governed by these Terms and Conditions.

2.15 MyClaim and or the Organiser will provide the Participant with access to and correction of his/her personal information held by MyClaim and or the Organiser on request from the Participant to the extent permitted or required by law. However, MyClaim and or the Organiser do comply with validly served and executed court orders and subpoenas and cooperates with investigations by state and federal agencies in accordance with internal MyClaim policy. Under these circumstances, or where otherwise required by law, the Participant's personal information may be shared with others with or without his/her knowledge, consent or notice.

2.16. The use of the www.myclaim.co.za website by any unauthorised personnel is prohibited. The Participant shall notify MyClaim and/or the Organiser immediately of any unauthorized use of any user identification, passwords or other security information, or breach of security. MyClaim and the Organiser, cannot and will not be liable for any loss or damage arising from the Participant's failure or inability to comply with this requirement.

2.17 Participants must not, whether intentionally or negligently:

2.17.1. abuse the rewards, goods, services, facilities or arrangements accorded to the Participant as a result of participation in the Program;

2.17.2. act in any way which may or is likely to be detrimental to the interests of MyClaim and/or the Organiser, including, without limitation, the Program;

2.17.3. `supply or attempt to supply misleading information, or make any misrepresentation to the Program; or

2.17.4. act in any way which in MyClaim’s reasonable opinion breaches or is likely to breach these Terms and Conditions or is inconsistent with the intent of these Terms and Conditions.

2.18. Participants must comply with these Terms and Conditions at all times.

3: REWARD PROCESS:

3.1 Rewards can only be earned in relation to lawful sales of Products made by the Participant in South Africa after the Participant's registration is accepted and communicated to him/her via email acknowledging the Participant's authorized and approved participation in the Program. Rewards can only be applied to the Participant's personal username. Rewards may not be awarded (and may be subsequently deducted) for cancellations or refunded Products.

3.2 Claims are processed only once the Participant has been verified by the Organiser. Payouts will thereafter be provided to the Participant onto his/her Rewards Card with payments made onto the card being equal to the indicated amount per Product claimed on the Product table. The Participant will be able to use his/her rewards card at any outlet in the Republic of South Africa that accepts Master Card.

3.3 Each Participant is responsible for ensuring that all the necessary details of the sales of the Products concluded in South Africa eligible for earning Rewards including the IMEI or Serial number, date of sale, model number and the sales receipt are accurately registered and submitted online under his/her personal username. All registered sales are subject to verification and confirmation by MyClaim and or the Organiser. Any sale registered which in the sole opinion of MyClaim is inaccurate or fraudulent will be rejected. The Participant is solely responsible for the accurate completion and submission of her/her claims and supporting documentation and the Participant must have directly and lawfully sold the Product him/herself in order to earn the respective payout. The Participant who logs the sale on the website will be the only one awarded with the payout. This rule does not include telesales consultants.

3.4 Rewards and Pay Out Values are calculated on the date of sale. No payouts will be made if the date of the sale is older than two (2) weeks and/or has already been submitted or processed.

3.5 Any unusual claim or suspicious activity will be subject to investigation and will remain pending until such time as proof of sale is presented by the consultant within 14 (fourteen) days of the sale taking place and verified. MyClaim reserves the right to review sales retrospectively for unusual activity and shall deal with such activity accordingly.

3.6 Each Participant is responsible for ensuring that Rewards are properly credited to his/her personal username. Where a Participant contends that Rewards have been earned but not credited, or in cases where MyClaim in its sole discretion deems verification is required, MyClaim reserves the right to require proof of earning from the Participant, including copies of sales receipts or any other internal proof-of-sale documents.

3.7 Money will be credited to a Participant's rewards card in respect of sales of Products once these have been verified by MyClaim and or the Organiser. Rewards in respect of sales of Products may not be credited to a Participant's personal username but will instead be treated as "Pending Claims". It is the responsibility of the Participant to email invoices to info@myclaim.co.za with the REF number in the subject line in order for pending claims to be verified. The Pending Claim period is 14 days from date of sale (as per the invoice). If the invoice has not been received within this 14 day period, claims will be deleted from the system.

3.8. Any discrepancies (complaints) must be brought to the attention of MyClam and or the Organiser by the Participant within 14 (fourteen) days of the sale of the Product. No amendments to such discrepancies can be made after this period. MyClaim will be the final arbiter in any Reward disputes.

3.9. Participants who are also participants of other incentive programs can only receive Rewards in one program for the same sale of a Product. Rewards cannot be transferred between schemes.

3.10 If you are a South African taxpayer, your Reward earnings may be subject to personal income or other tax assessment and you will be solely liable for these. You are advised to make independent checks with your accountant or tax adviser for further information. Neither MyClaim, and or the Organiser, nor its Affiliates, are responsible for withholding any tax or for making any payment to the South African Revenue Services (SARS) on Participant's behalf. It is the responsibility of the Participant to report any untaxed earnings to SARS. It is the sole responsibility of the Participant to keep a record of her/her earnings from the Program during each taxable financial year and to use said information/records for the submission of his/her annual tax return.

4: REWARD CLAIMS:

4.1 Money will be automatically paid into the Rewards card only.

4.2 Money may not be pooled, sold, assigned or transferred to any other person (including but not limited to another Participant) or otherwise redeemed (whether for valuable consideration or otherwise) for anything else besides the Rewards.

4.3 Participants must first log into the website and click on the Make Claim tab, thereafter complete all the relevant information fields within the Make Claim Tab, which include but is not limited to the product's IMEI / Serial Number and then submit the invoice for verification purposes.

4.4 Participants whose sales data is only reflected on selected reports will receive either weekly or monthly payouts.

4.5 MyClaim and or the Organiser will provide card loads to Participants only once the Participants sales have been fully verified.

4.6 MyClaim and/or the Organiser will only process card loads to the Participant(s) who have sold Products listed on the payout table; unless otherwise communicated to the Participant(s).

4.7 Only product listed on the system and from selected authorised stores will be considered for card loads.

4.8 Should 2 (two) or more Participants submit the same IMEI numbers on the website, the respective payout will be held in abeyance pending the final and binding decision of MyClaim and/or the Organiser.

5: PAYOUTS AND VALIDITY:

5.1 Rewards will be awarded at the sole and absolute discretion of MyClaim and or the Organiser in the form of a card load.

5.2 If the Program is terminated all rewards must be redeemed by the Participant within 14 (fourteen) days from their date of issue or as advised by MyClaim and or the Organiser.

6: LIABILITY:

6.1. To the extent permitted by law, MyClaim and or the Organiser are not responsible and disclaims liability for errors or omissions including (without limitation) those resulting from computer hardware or software errors or failures, or for fraud, or for lost, stolen, or corrupted online registration data or sale reports of Products.

6.2. To the extent permitted by law, MyClaim and or the Organiser are not responsible for and disclaims liability for the rewards or its satisfactory quality, merchantability or fitness for a purpose.

6.3. To the extent permitted by law, MyClaim and or the Organiser are not liable for any special, indirect, consequential damage or loss or any loss of profit or loss of business arising from or in connection with the Program or any reward.

7: BREACH:

7.1. Any breach of these Terms and Conditions by a Participant whether intentional or otherwise may result in suspension or termination of participation and/or cancellation of Rewards at the sole discretion of MyClaim and/or the Organiser without notice.

7.2. MyClaim and or the Organiser is not, and will not be, liable for any Participant's accumulated of Rewards. In the event of suspension or termination of participation or termination or other material alteration to Program, such Rewards may also terminate or be extinguished.

7.3. MyClaim and or the Organiser reserves the right to cancel or refuse to honor any Reward which was sold, assigned, transferred or otherwise obtained or redeemed in breach of the Terms and Conditions at any time, without liability.

7.4. MyClaim and the Organiser reserve the right to reverse or cancel any rewards credited to a Participant incorrectly, not in accordance with or in breach of the Terms and Conditions at any time without liability.

8: TERMINATION:

8.1. MyClaim and or the Organiser expressly reserves the right to terminate or alter (whether materially or otherwise) the Program at any time, without any liability or notice to Participants.

8.2. MyClaim and or the Organiser reserves the right at any time in its absolute discretion and without notice to suspend or terminate the participation of any Participant and/or the right of any Participant to use his or her personal username or password or any Reward, without any liability or notice to Participants.

8.3. Participation will terminate automatically on the death of a Participant. MyClaim and or the Organiser will terminate the Participant's participation on receipt of notification of the death of the Participant.

8.4. A Participant may terminate his/her participation at any time by contacting MyClaim. All funds will remain on the Rewards card, but no further earnings can take place.

8.5. The Participants participation in the Program will terminate if he/she ceases to be employed by an authorised retailer, or if his/her employer ceases to be a Dealer Principal and or an Authorised Retailer.

8.6. It is required that each Participant registers their sales not later than 2 (two) weeks from the date of sale.

9: GENERAL:

9.1. The Terms and Conditions and participation in the MyClaim Sales Incentive, shall be governed by and construed in accordance with the laws of South Africa. In the event of a dispute, MyClaim and or the Organiser will, at its own discretion, make the judgment and this will be binding on all Participants involved. MyClaim and or the Organiser, may, at its own discretion, apply to the courts of any country in which it operates for injunctive or other equitable relief to prevent or curtail any breach of these terms and conditions.

9.2. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable, it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

9.3. MyClaim and or the Organiser's decision on all matters relating to the Program are final and binding on all Participants.

9.4. MyClaim and or the Organiser reserves the right to cancel, suspend or terminate this Program without notice at any time and no liability shall lie against MyClaim and or the Organiser in favour of any Participant and/or third-party arising from such cancellation, suspension or termination. Therefore, the Participant waives his/her right which they may have against MyClaim and or the Organiser and hereby acknowledge that he/she will not have recourse or claim of any nature whatsoever against MyClaim and/or the Organiser.

9.5. To the extent permitted by Law, MyClaim and or the Organiser excludes all warranties (express or implied), representations and liabilities regarding the Program (other than for death or personal injury caused by its negligence and/or fraud)

9.6. The Program is governed by these Terms and Conditions, as well as those of the relevant authorised participating stores, associated with this Program. The reseller and/or participant hereby indemnifies MyClaim and/or the Organiser against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused. And whether it arose under the law of contract or delict or otherwise, because of the reseller's entrance to the Program.