1. Introduction

• Mugg & Bean Franchising (Pty) Ltd operates the Gingerbread Foundation Reward Program, a Program that enables its members to earn and redeem MuggBucks at any Mugg & Bean franchise in South Africa. By registering for participation in the Program and agreeing to these terms and conditions, you enter into an agreement with Mugg & Bean.
• The Gingerbread Foundation card is owned by Mugg & Bean and can only be used at Mugg & Bean outlets countrywide.
• By applying for membership and/or registering for participation in the program, the member agrees to the terms and conditions hereof and is contractual bound thereby.
• Members participate in the Program subject to the terms and conditions set out herein.

2. Definitions

The following words and/or phrases shall have the corresponding meanings given below:

• “bank terminal” means a terminal that has been approved by Mugg & Bean and which accepts Reward Cards; debit cards; credit cards and electronic bank cards;
• "e-mail" means electronic mail sent or received via the Internet;
• “Member" means an individual registered with Mugg & Bean who partakes in the Program and who has agreed to these terms and conditions;
• “Mugg & Bean” means Mugg & Bean Franchising (Proprietary) Limited, a company duly incorporated and registered in the RSA with registration number [insert];
• “MuggBucks” means the currency of the Program with which Members are rewarded and which may be spent at any Mugg & Bean outlet but which may not be transferred into cash;
• "the Program" means a Program carried on under the name and style of the “Gingerbread Foundation Program” in terms of which the Member can earn Rewards by purchasing food and beverage items from any Mugg & Bean outlet and redeem such Rewards at any Mugg & Bean outlet subject to these terms and conditions.
• “Personal Information" means personal information of Members collected by Mugg & Bean or provided by Members in the application form and includes without limitation information by which Members can be identified and which relates to Members as identifiable individuals such as name, physical and postal addresses, credit card number, e-mail address, race, sex and age.
• “Reward” means a reward in the form of MuggBucks loaded onto the Member’s Reward Card in accordance with the terms and conditions of the Program which may be redeemed at any Mugg & Bean outlet subject to these terms and conditions;
• “Reward Card” means the magstripe magnetic card issued to the Member on acceptance of the Member’s application;
• “System” means the system utilised by Mugg & Bean for managing the Program including keeping track of the Rewards;
• “Trust” means the Nkomasi Trust, IT No 11872/06 represented by its trustees duly authorised to act in terms of the letters of authority, being the principle community partner to the Program which trust contributes to the physical, social and emotional development and well being of orphaned children and care workers in the rural district of Mpumalanga;
• “Web Site" means the Mugg & Bean Web Site hosted on the Internet.
• Headings in these terms and conditions are used for convenience only and shall not be used in the interpretation thereof.
• In these terms and conditions the singular shall include the plural and visa versa and one gender shall include the others.

3. Participation

• Members can partake in the Program. Completion of an application form is required to become a Member. By applying for membership or by signing the application form or by using the Reward Card, a Member agrees to be bound by these terms and conditions.
• Registration of the card is the responsibility of the cardholder and can be done by completing the registration form in store, or phoning the Programme Hotline 0860 GINGER (446 437) or by sending a SMS to 34451 with your first name, surname and 16 digit Rewards Card number.
• This card cannot be used as a credit, debit or guarantee card.
• By applying for membership the Member warrants that he fully understand these terms and conditions. The Member also agrees to abide by and warrants that he understands all rules, regulations, terms, policies and/or conditions contained herein or on the Web Site as changed from time to time.
• Mugg & Bean may in its sole discretion refuse any application for membership without giving reasons, save to the extent that the law may require it to give reasons.
• On acceptance of an application for membership, Mugg & Bean shall issue the Member with a Reward Card. Membership shall commence on the issue of such Reward Card.
• The Member consents to Mugg & Bean using the postal system including to deliver Reward Cards. Mugg & Bean shall not be responsible for postal delays or for items that may be lost, stolen or damaged in the post without derogating from the aforesaid the postal authorities will be deemed to be the agent of the member.

4. Earning of Rewards

• MuggBucks can only be earned at Mugg & Bean outlets in South Africa.
• Rewards are earned when any food and beverage items are purchased and paid for at any Mugg & Bean outlet. There is no minimum spend on food and beverage items before one earns a Reward.
• Rewards in the form of MuggBucks are loaded onto your Rewards Card weekly. Security checks may result in a delay of up to 10 days before the value is loaded onto your card for use in store.
• Members must present their Reward Cards to earn any Rewards. If a Member does not present his Reward Card at the relevant Mugg & Bean outlet, he cannot earn any Rewards, unless the member contacts the Program Managers and faxes the till slip which will be recorded in the system.
• A Member cannot earn and redeem Rewards at the same time. If a Member seeks to redeem any Rewards at a Mugg & Bean outlet, they cannot earn Rewards on items in respect of which they have spent a reward.
• One Muggbuck is equal to One ZAR (South African Rand).
• When a Member purchases food and beverage items and earns a Reward, the Reward is loaded onto the System immediately, but the MuggBucks are only credited to the Reward Card on the following Friday morning after the purchase was made.
• Any Member wanting to know the current balance of MuggBucks on his Reward Card may call the Program Hotline number on 0860 GINGER to find out such balance.

5. Spending of Rewards

• You can only redeem on your card once you have a balance of 10 MuggBucks or more.
• A Member may not spend their MuggBucks if they do not have their Reward Card with them.
• When a Member wishes to spend their MuggBucks they must notify the Mugg & Bean outlet when a member places his order. Mugg & Bean will swipe the Member’s Reward Card at the bank terminal and enter the summary details of the transaction. The bank terminal will deduct the Rand equivalent of the MuggBucks credited onto the Reward Card from the bill and indicate the balance, if any, payable by the Member for the food and beverage items purchased. Once the MuggBucks have been deducted from the bill they will also be deducted from the Reward Card which will then reflect the new balance of MuggBucks, if any, available to the Member.
• MuggBucks cannot be exchanged for cash or transferred to a third party except the Trust and then only as provided for in these terms and conditions.
• Where a Member spends their MuggBucks, they do not earn any MuggBucks on the food and beverage items purchased.

6. Expiry of Rewards

• A Member can accumulate MuggBucks on their Reward Card for a period of twelve (12) months calculated with effect from the date that they were loaded onto the Member’s Reward Card. In the event that a Member has not redeemed such MuggBucks, these MuggBucks shall expire and shall be deducted from the MuggBucks available for redemption on his Reward Card and credited to The Gingerbread Foundation.
• Mugg & Bean will ensure that the Member is notified by either SMS, telephonically or by e-mail of the MuggBucks that are due to expire.
• The Member shall have no claim against Mugg & Bean in the event that their MuggBucks expire.

7. Deducting of Rewards

• Mugg & Bean shall also be allowed to deduct MuggBucks loaded onto the Member’s Reward Card:
  • When any MuggBucks have been loaded onto the card in error;
  • When a transaction that resulted in MuggBucks being given to a Member is cancelled or a refund is given to the Member.

8. Trust

• A Member can elect when applying to become a Member that any MuggBucks earned are to be donated to the Gingerbread Foundation Trust. The Trust accepts the benefit of all such allocations.
• If the Member makes the election in 8.1, the Member’s MuggBucks will not be loaded onto the Member’s Reward Card, but will be allocated to the Trust on a weekly basis.
• The Rand equivalent of the MuggBucks allocated to the Trust as set out in these terms and conditions will be paid to the Trust by Mugg & Bean on a monthly basis in South African Rands into the Trust’s bank account as notified to Mugg & Bean by the trustees.

9. Lost or Stolen Cards

A Member must notify Mugg & Bean immediately by Program Hotline on 0860 GINGER to report their lost or stolen card. The Member will then be issued with the first replacement Reward Card free of charge.

10. Termination

• Mugg & Bean shall have the right to cancel membership or to refuse membership applications, inter alia, where:
  1. The Member provides false, inaccurate or incomplete Personal Information;
  2. The Member attempts to defraud Mugg & Bean or other Members,
  3. The Member makes public comments about Mugg & Bean that are untrue or malicious;
  4. The member is sequestrated;
  5. The member emigrates
  6. The Member dies; or
  7. The Member breaches any other provision of these terms and conditions.
  8. Or for any other reason which Mugg & Bean may decide in their sole, unfettered and absolute discretion. Without derogating from the generality thereof, Mugg & Bean shall not be obliged to furnish any reason for its decision
• Membership shall be cancelled by Mugg & Bean without notice to the Member and the Member’s Reward Card shall be de-activated preventing the Member from earning any further MuggBucks. Mugg & Bean shall be entitled in its discretion, on notice to the Member, to declare that they forfeited the MuggBucks loaded onto his Reward Card as at the date of termination of his membership. Such forfeited MuggBucks shall be allocated to the Trust.
• Membership shall also terminate when the Member calls 0860GINGER and requests that their Membership be terminated. The termination will take effect from the date that a reference number is allocated to the Member by the call operator.
• Where a Member terminates his membership, the Member shall not be entitled to accumulate any further MuggBucks on their Reward Card. The Member shall be entitled within a period of ninety (90) days from the termination date to redeem any MuggBucks at any Mugg & Bean outlet. Any MuggBucks that are not redeemed in the 90 day period shall be forfeited and allocated to the Trust.

11. Changes to terms and conditions, privacy policy and review and acceptance by Members

Mugg & Bean reserves the right to change any of the above without notice. Mugg & Bean will not notify the Member of such changes and the Member hereby agrees that his continued use of the Program shall constitute agreement with any changes to these terms and conditions. The Member agrees to periodically review these terms and conditions of Mugg & Bean as posted at the Web Site and agrees to these terms and conditions as they appear every time they may partake in the Program or enters the Web Site or logs onto the Web Site. A certificate signed by Mugg & Bean (or by one of Mugg & Bean's directors, whose appointment, qualification and authority need not be proved) shall be proof of the date of publication and content of the current version and all previous versions of these terms and conditions. Without derogating from the generality of what is contained above, the member specifically, irrevocably and unconditionally agrees to be bound by such change and/or that such change will be read as if incorporated herein.

12. Continuity of Rewards

Mugg & Bean reserves the right to modify or discontinue the Rewards at any time and Mugg & Bean shall not be liable to any Member or third party for any loss or damage or claim of whatever nature as a result of Mugg & Bean modifying or discontinuing the Rewards.

13. Personal Data

• The Member is responsible for ensuring that their Personal Information is correctly filled out in the application.
• The Member must call 0860GINGER to update their Personal Information when it changes.
• The Member agrees to the collection, storage and use of their Personal Information by Mugg & Bean to enable it to implement the Program.
• The member agrees that aggregated generic data may be used for marketing, planning, product development and research by Mugg & Bean.
• Mugg & Bean shall ensure that the Personal Information is collected, used and stored in a lawful manner.

14. Indemnity

The Member agrees to hold Mugg & Bean, its successors or assigns, its employees, officers and agents, harmless and shall fully indemnify same from any and all costs, expenses, liabilities, damages and third party claims or demands (including without limitation reasonable legal fees, the attorney and own client scale:) whatsoever that may arise as a result of the Member’s participation in the Program or failure to comply with the provisions of these terms and conditions.

15. Benefits and Disclaimer of warranties

• Mugg & Bean may procure that other added value benefits are added to the Program from time to time. These benefits will be provided by third party benefit providers. The terms and conditions relating to the benefits and their redemption will be negotiated and agreed by the benefit provider and the Mugg & Bean.
• Mugg & Bean gives no warranties of any nature in relation to the condition, suitability, quality, availability, fitness or safety of the benefits that may be added by third party benefit providers onto the Program.
• Mugg & Bean accepts no responsibility of any nature whatsoever against any claims, damages or losses arising out of or in connection with the supply of any benefits.

16. Severability

If any provision of this agreement is unenforceable, Mugg & Bean shall be entitled to elect, at any time that such provision shall be severed from the remaining provisions of this agreement, which shall not be affected and shall remain of full force and effect.

17. No Relationship

Nothing in these terms and conditions shall be construed to create any form of relationship between any of the parties by way of agency, partnership or distributorship. You may not represent Mugg & Bean or propose to bind Mugg & Bean or act in any way as if with the authority of Mugg & Bean.

18. Entire Agreement

These terms and conditions, as amended from time to time by Mugg & Bean, supersedes all prior agreements whether oral or in writing and constitutes the entire agreement between the Member and Mugg & Bean. No warranties, representations, promises, undertakings or the like, including the negotiations preceding the signing hereof and/or the application form by the member whether by Mugg & Bean or any other person or party, shall be of any force and effect or binding on Mugg & Bean, save and except insofar as same may be repeated and recorded herein.

19. Assignment

The rights and obligations under these terms and conditions are personal in nature and the Member may not cede or assign or delegate or sub-contract its rights or obligations under these terms and conditions. No legal entity or group or organisation other than an individual shall be allowed to become a Member. Mugg & Bean may cede or assign or delegate or sub-contract its rights or obligations under these terms and conditions to any third party at its absolute discretion without the Member’s consent. Mugg & Bean may cede or assign or delegate or sub contract its rights or obligations under these terms and conditions in whole or in part, to any third party, at its sole and absolute discretion without the members consent.

20. Liability for damages

The member shall have no claim or right of action whatsoever against Mugg & Bean for damages, loss or otherwise, howsoever and whensover arising. The aforesaid is a material term and condition of this agreement and it is on the strength thereof that this agreement is being entered into by Mugg & Bean. The aforesaid exclusion of liability will relate inter alia to incidental, special or consequential damages, whether direct or indirect and whether resulting from the use of or inability to redeem rewards or partake in the program, or otherwise. The aforesaid will apply notwithstanding that any loss, damage or any other claim may be sustained by a member in consequence of anything done or omitted to be done by Mugg & Bean or any of its directors, servants or agents and whether intentionally, negligently or otherwise.

Without derogating from the generality of the aforementioned, the member in any event hereby specifically and irrevocably waives and abandons all or any claims of whatsoever nature and arising out of whatsoever cause which it might have against Mugg & Bean.

21. Taxes and confidentiality

Any taxes which may be payable by the Member on his Rewards shall be his responsibility. Mugg & Bean shall not disclose any information regarding the Member’s Rewards to any third party unless required to do so by law. Neither party shall disclose any information regarding the other or this agreement to any third party unless required to do so by law.

22. Notices

All notices to the Member from Mugg & Bean or vice versa shall be given in writing via e-mail or by SMS or orally by telephone.

23. Applicable law

These terms and conditions will be governed by the laws of South Africa.

24. Waiver

Failure or neglect by Mugg & Bean to enforce at any time any of the provisions of these terms and conditions shall not be construed as a waiver of its rights, nor shall such failure or neglect in anyway affect the validity or the whole or any part of these terms and conditions, nor prejudice Mugg & Bean’s rights to take subsequent action.

25. Non Waiver

No relaxation or indulgence which Mugg & Bean may show to the member shall in any way prejudice Mugg & Bean's rights hereunder and in particular shall not preclude or stop Mugg & Bean from exercising any rights enjoyed by it hereunder by reason of any subsequent breach. Without derogating from the generality of the aforementioned the failure or neglect by Mugg & Bean to enforce at any time any of the provisions of these terms and conditions shall not be construed as a waiver of Mugg & Bean's rights, nor shall such failure or neglect in any effect the validity of the whole or any part of these terms and conditions, nor prejudice Mugg & Bean's rights to take subsequent action.

26. Breach

In the event of the member breaching any term or condition hereinbefore set out and/or the agreement between the parties and/or the application form or any other document or information completed or given by the member, then Mugg & Bean shall be entitled forthwith:-

26.1 Claim specific performance and/or fulfillment of the breach; or
26.2 Cancel or put to an end this agreement; and/or
26.3 Claim damages.
26.4 The rights and remedies set out hereinbefore will be without prejudice and in addition to any other rights or remedies which Mugg & Bean may have arising out of a breach of contract and/or at common law.