Terms and conditions for the
In the Mix App
1. Introduction
1.1 These Terms apply to you and to your use of the In the Mix App and are a binding legal agreement between you and us.
1.2 Please read these Terms carefully and pay special attention to the clauses that are in bold, as they may exclude or limit our liability (responsibility) to you.
1.3 It is your responsibility to determine whether the In the Mix App is suitable for your needs. You take on any risks that may result from using the In the Mix App.
1.4 When you register for the In the Mix App, you are accepting the Terms. This means that you agree to the Terms and warrant (promise) that:
1.4.1 your date of birth and cell phone number is correct when you register;
1.4.2 you are at least 18 years old; and
1.4.3 you can enter into a legally binding agreement.
1.5 These Terms take effect (begin) when you register for the In the Mix App.
1.6 IMPORTANT: The clauses printed in bold or whose headings are printed in capital letters relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into these Terms you, in addition to accepting all the Terms, also specifically signify that you understand those said clauses and accept them.
2. Definitions
The following terms are used exactly as defined:
App Store
The application store on your device (either the App Store (Apple) or the Google Play Store (Android)) from which you can download the In the Mix App.
Business Day
Any day other than a Saturday, Sunday or statutory public holiday in South Africa.
Campaign
Each rewards programme issued by us through the In the Mix App, which specifies specific Qualifying Criteria and are available for a Campaign Period.
Campaign Period
The named period of time as set out in each of the terms of each Campaign
Contact Centre
The contact centre if you have any issues with the Vouchers and/or rewards, being thrive@savvysaver.co.za
device
The mobile device a person uses to access the In the Mix App, for example, a smartphone, tablet or similar technology.
Intellectual property
a) Unregistered or common-law trademarks, trade names and trade dress, including all goodwill and reputation associated with them.
b) Patents as defined in the Patents Act 57 of 1978 and inventions for patents.
c) Designs as defined in the Designs Act 195 of 1993.
d) Trademarks as defined in the Trade Marks Act 194 of 1993.
e) Copyright as defined in the Copyright Act 98 of 1978, and moral rights in terms of section 20 of the same Act.
f) Domain names and Uniform Resource Locators (URLs).
g) Know-how and trade secrets, to the extent that they qualify as legally recognisable forms of intellectual property.
h) Knowledge connected to the use of the above, to the extent that they qualify as legally recognisable forms of intellectual property.
i) Any applications and registrations for any of the above (where applicable), any renewals and restorations of them and/or the equivalent of the above anywhere in the world.
In the Mix App
The App application for a device, which operates a rewards programme
participating retailer
A retail store that has agreed to participate in the reward scheme operated through the In the Mix App and has offered Vouchers.
Personal Information
Information about an identifiable, natural person (individual human being) or, where applicable, a juristic person (legal entity), including information about race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, email, postal or physical address or telephone number; location; any online identifier; any other particular assignment to the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
PIN
Personal identification number
processing
Any operation or activity, automated or not, relating to Personal Information, including alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification or use.
Process and processed will have a similar meaning.
Profile
The profile we create for you when you register for the In the Mix App.
QR Code
A machine-readable code consisting of an array of black and white squares, typically used for storing URLs or other information for reading by the camera on a device
Qualifying Criteria
the qualifying criteria stated on the In The Mix App which must be met (as well as complying with these Terms) in order for you to be eligible to be awarded a Voucher.
Qualifying Stores
A person or entity that has provided your goods or services which is part of the Qualifying Criteria and appears on the In The Mix App as a participating store, from time to time
SMS
A short message service or text communication.
Supplier
A person or entity that provides goods or services to you and whom you pay using the payment reference number that they have given you (money will go into their bank account).
Terms
These terms and conditions as they may be amended from time to time
Thrive, we, us or our
Thrive Digital Trade Proprietary Limited, registration number: 2022/373818/07;
you or your
The person that registers for and uses the In the Mix App once approved.
Valid Receipt
means a till slip, receipt or invoice from a Qualifying Store that you upload to your In the Mix App account, or you scanned the QR Code that appears thereon and that we have confirmed as being accurate and valid
Voucher
A voucher listed on the In the Mix App that entitles you to a product or service from a participating retailer should you comply with the Terms and meet the Qualifying Criteria
Website
The website where you can access the Vouchers, if you are entitled to a Voucher under these Terms and we have sent you a link via SMS to your mobile number
3. REGISTERING FOR THE IN THE MIX APP
3.1 Once you have downloaded the In the Mix App on your device from your App Store, you will need to register by following the prompts displayed on the In the Mix App.
3.2 During the registration process you will need to provide us with your South African cell phone number and date of birth in order for us to register you and in order for you to access the In the Mix App. You will be required to confirm that you have read and understood and accept these Terms before you can use the In the Mix App.
3.3 To confirm your registration, we will send you a one-time PIN (OTP) to validate the mobile phone number you use to register for the In the Mix App.
3.4 When you have completed your registration on the In the Mix App, we will create a profile for you.
3.5 Standard data costs will be charged when you download and use the In the Mix App. These costs are charged by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator.
3.6 You must make sure that you keep the software on your device up to date. If you do not do this, the In the Mix App may not work properly.
4. Changes to these Terms
4.1 We may change these Terms and will let you know about such changes through the In the Mix App, by sending you an SMS or through other communication technology.
4.2 The latest version of these Terms applies to you each time you use the In the Mix App. By continuing to use the In the Mix App, you agree to these updated Terms.
5. REWARDS OFFER
5.1 Subject to your compliance with the Terms, if you buy from a Qualifying Store, in order to participate in the reward programme offered by In The Mix App, you must upload a clear legible photo of a Valid Receipt or scan the QR Code that appears on the Valid Receipt from the Qualifying Store, in the In the Mix App only during the Campaign Period and provided that you uploaded and/or scanned the Valid Receipt/QR Code within 10 days from the date of the Valid Receipt.
5.2 No receipt will be accepted that is dated prior to the Campaign Period.
5.3 If you have uploaded a photo of a Valid Receipt on to the In the Mix App, or scanned the QR Code, after 10 days from the date of the Valid Receipt or after the Campaign Period ends, you will not be entitled to a Voucher.
5.4 If you meet the Qualifying Criteria, you will be sent an SMS with a link to choose a Voucher.
5.5 Important: You must ensure that your mobile number is correct at all times because if you comply with the Terms and the Qualifying Criteria, we will send you an SMS to the mobile number registered on your account with a link to the Vouchers you are entitled to.
5.6 If you do not meet the Qualifying Criteria, you will not be entitled to any Voucher.
5.7 If we believe that the receipt, till slip, invoice or QR Code you have uploaded or scanned is not valid, you will not be entitled to any Voucher.
5.8 All Valid Receipts may only be used once.
5.9 All Vouchers must be redeemed within 1 (one) year from the date we send the SMS link to you.
5.10 Once you receive the SMS with the link to the Vouchers you are eligible for, simply select the Voucher that you would like, and then click “redeem”. The In the Mix App will then show you a voucher code that you can present at the checkout of a store or website from a participating retailer as payment. We suggest only redeeming a Voucher when you buy the product/service you want because once you have selected a product/service and redeemed the code, you CAN NOT reverse your decision and select a different product/service and use the Voucher again.
5.11 Remember, once you have selected a Voucher it cannot be reversed.
5.12 All Vouchers are “single-use” which means that the Voucher can only be used for one purchase, and if you choose an item worth less than the Voucher, you will not get a new Voucher.
5.13 Vouchers cannot be redeemed for cash. Vouchers can only be redeemed for the products/services displayed in the In the Mix App and can only be redeemed once.
5.14 Each participating retailer is solely liable for the product and/or service under each Voucher and you must comply with their own unique terms and conditions which will be available directly from the participating retailer. We accept no liability whatsoever for any product and/or service provided by a participating retailer. If there is any issue with any product/service you have received under a Voucher, you must communicate only with the participating retailer and you will be subject to their terms and conditions.
5.15 Any link sent to you by us via SMS may contain links to third-party websites or programmes that are not controlled by or affiliated to us. We are not responsible for the content, offers or privacy policies of such sites and programmes, including, without limitation, your redemption of such offers or a participating retailer’s refusal to honour any offer. Your dealings with third-party sites are solely between you and the applicable third party.
6. Prohibited Conduct:
By using the In the Mix App you agree not to:
6.1 submit to us information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of seeking to redeem Vouchers;
6.2 upload receipts/ scan QR Codes that have already been uploaded by you or another user, for the purpose of qualifying for any Voucher;
6.3 upload Valid Receipts, scan the QR Code to the In the Mix App that reflects purchases that took place more than 10 days after the date on which you uploaded the Valid Receipt or scanned the QR Code;
6.4 upload Valid Receipts, scan the QR Code to the In the Mix App that reflect purchases that took place prior to the launch date of our launch date or the launch date of Qualifying Store;
6.5 attempt to obscure the date on a receipt/invoice, till slip or QR Code, such as by purposefully uploading a receipt/invoice, till slip without any date shown or without any clearly legible date shown, or which has clearly been altered;
6.6 extract information from the In the Mix App for the purpose of using said information in conjunction with another service, web or mobile application;
6.7 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials (visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the service provided by Thrive on the In the Mix App.
6.8 post, upload, or distribute any defamatory, libellous, or inaccurate user content or other content;
6.9 post, upload, or distribute any user content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
6.10 make false or misleading claims about Thrive, the In the Mix App, the reward programme operated by us, referral program or any other incentive program created or operated by us;
6.11 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the user accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the In the Mix App, or perform any other similar fraudulent activity;
6.12 delete the copyright or other proprietary rights on the in the Mix App;
6.13 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the In the Mix App. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
6.14 use the In the Mix App for any illegal purpose, or in violation of any law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of information;
6.15 defame, harass, abuse, threaten or defraud users of the In the Mix App, employees, personnel and others who work with or for Thrive, or collect, or attempt to collect, personal information about users or third parties without their consent,
6.16 use the reward programme, and/or the In the Mix App for any commercial purpose other than your own purpose;
6.17 remove, circumvent, disable, damage or otherwise interfere with security-related features of the In the Mix App, features that prevent or restrict the use or copying of any content accessible through the In the Mix App, or features that enforce limitations on the use of the In the Mix App;
6.18 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the In the Mix App or any part thereof;
6.19 modify, adapt, translate or create derivative works based upon the In the Mix App or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
6.20 intentionally interfere with or damage the operation of the In the Mix App or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
7. KEEPING YOUR DETAILS SAFE
7.1 After you have successfully registered and been approved by us for the In the Mix App, we may assume that any activity that we receive from you through the In the Mix App is genuine and that it comes from you.
Even if someone else, pretending to be you, used your mobile phone number to send sent us a Valid Receipt in accordance with the Terms and Qualifying Criteria through the In the Mix App, we may carry it out as if the activity was made by you.
If your device is lost or stolen and you let us know in time, we will suspend access to the In the Mix App until you have informed us that you have a new device.
7.2 If any of the details on your profile (such as your mobile phone number) have changed, you must update these on the In the Mix App.
7.3 We are not responsible for any loss you may suffer, and you waive (give up) any claim you may have against us if you:
7.3.1 did not update your profile details on the In the Mix App;
7.3.2 did not keep your device safe and a Voucher you received or were eligible for was used by someone else, either with or without your knowledge;
7.3.3 did not update your mobile phone number; or
7.3.4 did not let us know in time that you lost your device.
8. Our Intellectual Property
8.1 We or our third-party licensors (where applicable) own the intellectual property rights in and to the In the Mix App (including any updates to it).
8.2 We give you the right to use the In the Mix App subject to these Terms and any other terms or conditions that may apply to you. We can take away your right to use the In the Mix App at any time.
8.3 You are not allowed to transfer your right to use the In the Mix App to any other person. We may allow other persons to use the In the Mix App at the same time as you. The In the Mix App is licensed to you only.
8.4 You must not in any manner exploit the In the Mix App or any intellectual property in it for commercial gain of any kind.
8.5 You must not copy, adapt, modify, alter, de-compile, reverse-engineer, attempt to derive the source code of, create derivative works of, or otherwise attempt to reproduce the In the Mix App, the intellectual property in it, its content, its design, any updates to it or any proprietary features in or to it.
This prohibition applies to any content belonging to third parties that is found on the In the Mix App.
8.6 You must not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, or any other reference to the In the Mix App.
8.7 We are not responsible for any loss you may suffer, and you waive (give up) any claim you may have against us relating to your unauthorised use of the In the Mix App or any intellectual property rights in it.
9. Using and sharing your Personal Information
9.1 You give consent for us to collect your Personal Information from you and, where lawful and reasonable, from public sources for credit, fraud prevention and compliance purposes, as well as for the purposes set out below.
9.2 You give consent for us to process your Personal Information for the following purposes and in the following ways:
9.2.1 To provide products and services to you under these Terms and to provide any other products and services for which you may apply.
9.2.2 To carry out statistical and other types of analyses to identify potential markets and trends, and to evaluate and improve our business (this includes improving existing products and services and developing new ones).
9.2.3 In countries outside the country where the products or services are provided. (These countries may not have the same data protection laws as the country where the products or services are provided. Where we can, we will ask the receiving party to agree to our privacy policies.)
9.2.4 By sharing your Personal Information with our third-party service providers, the suppliers, participating retailers, as well as any Qualifying Stores from time to time, locally and outside the country where the products or services are provided. (We ask people who provide services to us to agree to our privacy policies if they need access to any Personal Information to carry out their services.)
9.2.5 Within our group of companies and our affiliates.
9.3 You will find our processing practices in our privacy statement, which is available on our websites or on request.
10. Your responsibility for our loss
You will cover (pay for) any loss that we may suffer on your behalf resulting from your having breached any of these Terms.
11. Disclaimer and limitation of liability (limits OF our responsibility to you)
11.1 Your use of the In the Mix App depends on factors beyond our control, such as the network coverage or availability of your mobile network operator. We are not responsible and cannot be blamed for any loss you may suffer if you cannot access the In the Mix App because of any reason beyond our control.
11.2 We provide each of the In the Mix App, the Website and the Call Centre "as is" and without any warranty or condition, whether express, implied or statutory and we will not be responsible for any loss that you may suffer if you rely on it.
11.3 To the fullest possible extent permitted by applicable law, we shall not be, nor our services providers, directors, shareholders, employees or agents be responsible for any loss, expense, damages, costs or any other liability, including, without limitation, any damage to your mobile device, whatsoever and howsoever arising including, but not limited to the following:
11.3.1 any use by you of the In the Mix App, the Website , Contact Centre, and/or the Call Centre;
11.3.2 any failures, delays or interruptions, errors or omissions on and/or in respect or attributable to the In the Mix App, the Website, Contact Centre, and/or the Call Centre, the Qualifying Stores and/or the participating retailer;
11.3.3 Any technical or other problems (interruption, malfunction, downtime or other failures) that affect the In the Mix App or Website, a third-party system or any part of any database, for any reason;
11.3.4 Loss of or damage to any Personal Information or other information because of technical problems, power failures, unlawful acts (such as data theft), a harmful computer program or virus, or any reason that is outside of our control or your own actions or omissions;
11.4 Without derogation from any other provision of these Terms, we shall not be, nor our services providers, directors, shareholders, employees or agents be responsible for any indirect, special or consequential damages arising out of or in connection with these Terms, the In the Mix App, Website, Contact Centre, and/or Call Centre or the reward programme operated by us thereunder.
11.5 We provide access to each retail product and/or benefit that is offered under Voucher, (“Product”) on an "as is" and without any warranty or condition, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. To the extent allowed by law, we assume no liability or responsibility for any faults, errors or omissions in or quality or fit for the purpose of any Product; any failures, delays or interruptions in any Product, or any losses or damages arising from the use of any Product or any conduct or omission of any participating.
11.6 By participating in this rewards programme you agree that we are merely introducing you to the prospective retailers, Products and/or benefits thereunder; those prospective retailers will provide the Products to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the prospective retailers). To the fullest possible extent permitted by applicable law, we shall not be, nor our services providers, directors, shareholders, employees or agents shall be responsible for any disputes, damages, losses or claims arising from or related to such introductions, or for loss of use or any damages whatsoever arising out of or in connection with any Product, on any theory of liability, and whether or not advised of the possibility of damage.
11.7 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
12. Cancelling these Terms
12.1 You can stop using the In the Mix App at any time.
12.2 We reserve the right in our sole discretion to terminate or restrict your use of the In the Mix App, with or without notice, for any or no reason whatsoever. We do not need to give you a reason for this. However, we do not have to give you notice and we may close your profile immediately if:
12.2.1 we believe or suspect you are using the In the Mix App wrongfully or unlawfully (illegally);
12.2.2 you have breached the Terms; or
12.2.3 we must do this for legal reasons.
12.3 If our relationship with you ends, this means that you can no longer access or use the In the Mix App or the intellectual property in it.
12.4 You will have no claim whatsoever for any Voucher from the date that we close your account. If we reactivate your account after it was closed in error your unused Vouchers reflected immediately prior to your account being closed due to suspicion of breach, will be available (provided that such Vouchers have not expired).
12.5 We additionally reserve the right to close your account in the following cases:
12.5.1 If we are voluntarily wound down/liquidated, we will:
12.5.1.1 Close all our user accounts, without notice, where a user has failed to submit a Valid Receipt for 12 (twelve) calendar months prior to the date of when Thrive is wound down. You will have no claim whatsoever to any offers from the date that we close your account.
12.5.1.2 Include a notice, on the date that Thrive voluntarily is wound down on the application, where you have submitted a Valid Receipt in the 12 (twelve) months prior to the date when Thrive is wound down and has unused Vouchers. You will have 5 (five) days from the date of notice to use any Vouchers. After the notice date, we will close all accounts. You will have no claim whatsoever once your account is closed.
12.5.2 Where Thrive ceases to operate (including but not limited to liquidation, closed as a result of a force majeure or any other reason other than when Thrive is voluntarily wound down), Thrive will close all In the Mix App accounts on the date it ceases to operate, without notice. You will have no claim whatsoever from the date your account is closed.
13. Where legal documents and notices will be sent
13.1 We choose the following address for the service or delivery of any legal documents (our domicilium citandi et executandi):
The Business Exchange
4th Floor
96 Rivonia Street,
Sandton
2196
Attention: In The Mix Product
13.2 You choose the mobile phone number registered on your account as the address where any legal documents or notices may be served or delivered to you (your domicilium citandi et executandi).
13.3 We may send other written communication or notice to you via SMS or through the In the Mix App.
13.4 The provisions of the Electronic Communications and Transactions Act 25 of 2002 will apply.
14. Law governing our relationship
South African law will govern these Terms.
15. General provisions
15.1 Headings in these Terms are only for information and must not be used to interpret the Terms.
15.2 South African time applies when any dates or times are worked out.
15.3 No extension of time or other allowance we may give you will affect any of our rights, whether the extension or allowance is expressly stated or implied. We do not waive (give up) any of our rights.
15.4 If any of the clauses in these Terms are invalid or illegal or cannot be enforced, the other clauses will still be valid.
15.5 You must make sure that you do not use the In the Mix App for any illegal purpose. You will be responsible for any illegal transactions that you make.
16. QUESTIONS AND COMPLAINTS RESOLUTION
16.1 If you have any issues with the rewards programme or accessing the Vouchers, or the Voucher’s code, please send an email to the Contact Centre: thrive@savvysaver.co.za
16.2 If you have any questions or concerns about these Terms or any technical issues regarding the In the Mix App, you can call our Call Centre on +27635531119 (at normal charges).
16.3 If you have any complaints, you may use our Call Centre as indicated in clause 16.2 or contact our Complaints Resolution Centre by email at complaints@thrive.trade.
16.4 If you still have a problem or if you are not happy with the way it was resolved, you can contact the National Consumer Commission through the website at https://www.thencc.gov.za/