RULES, TERMS AND CONDITIONS OF ENJO VIP MEMBERSHIP

RULES, TERMS AND CONDITIONS OF ENJO VIP MEMBERSHIP (“The Agreement”)
1) General

a) By paying the monthly contribution to ENJO SA, you agree to these rules, terms and conditions.
b) In return we give you the benefits of the ENJO VIP Membership programme that you qualify for and choose to use. In certain cases, you will be required to activate the benefits and pay the necessary fees.
c) The points of the ENJO VIP Membership can only be used by the member and cannot be transferred or used for business purposes.

2) Definitions

a) We, us and our refers to Flash Living (Pty) Ltd t/a ENJO SA (“ENJO SA”).
b) You and your refers to the applicant and ENJO VIP Member.
c) Your personal information refers to personal information about you, which includes information about your gender, age, contact numbers, addresses and any other information shared by you that is unique to you.
d) Process information means the automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting personal information.
e) Competent person means anyone who is legally competent to consent to any action or decision being taken for any matter concerning a child, for example a parent or legal guardian.

3) Purpose of the ENJO VIP Membership Programme
The ENJO VIP Membership Programme (“the Programme”) aims to replace your monthly cleaning costs with a reasonable and affordable monthly membership fee. The benefit of this programme is therefore to reduce once off large costs in the event that you need to replace ENJO fibres, such as when they are become due for renewal or becomes ineffective. The Programme therefore provides for the following primary benefits:

a) An extended guarantee on equipment and fibers on events that are not covered by the manufacturers guarantee.
b) Replace all fibers in year 3 (36 months), for free (on condition old fibers are returned for recycling).
c) Buy additional ENJO products at a special Members discount.

4) Parties
These rules, terms and conditions govern the relationship between ENJO SA (us) and the member (you).
5) The main rules, terms and conditions and benefit rules

a) The main rules refer to the rules that are set out in this document.
b) The benefit rules refer to the business practices that you agree to when choosing any additional benefit that ENJO SA may present in present or in future.

6) Conditions of membership

a) You agree to the main rules
By paying your monthly contribution to ENJO SA, you accept that these rules and any changes that we may make to the rules from time to time apply to you.
b) You agree to the benefit rules
You have the choice whether to use any additional benefits. If you choose to use them, you are bound by the benefit rules and business practices of the ENJO VIP Membership programme’s partners.

You can get the full set of benefit rules if you email a request to [email protected] or call 0860017401.
7) Who qualifies for ENJO VIP Membership
To be a ENJO VIP Member, you must make a monthly payment (or consent to a third party making the payment on your behalf) to ENJO SA for the ENJO VIP Membership Programme and be one or more of the following:

a) Have purchased ENJO products in the past from ENJO SA or a consultant of ENJO SA.
b) Wish to purchase ENJO products as part of this membership.
c) You have to be 18 years and older, if not, then a competent person needs to sign on your behalf.

8) Who does not qualify for ENJO VIP Membership
You do not qualify for ENJO VIP Membership if:

a) You are using the ENJO products in your business, and you want to apply this membership for your business.
b) You live outside of South Africa.

9) ENJO SA is not responsible for loss or injury
Under no circumstances, including as a result of its negligent acts or omissions or those of its staff, servicers, agents, contractors, partners or other persons for whom in law it may be liable, will ENJO SA be liable for any loss, injury or damage of any nature which you, your relatives or any third parties may sustain as a result of engagement in the ENJO VIP Membership programme. By agreeing to these rules, you, your beneficiaries and any third parties indemnify ENJO accordingly.
10) No legal relationship
You have no legal relationship with ENJO or the ENJO VIP Membership programme other than being bound by these rules and, when entitled to do so, receiving any benefits you may be entitled to.
11) Permission to process and disclose information and to communicate with you
When you engage with us, you agree to our Protection of Privacy Policy that you can find on our website at http://enjo.co.za/protection-of-privacy-policy/
12) Fees

a) Monthly contribution you pay for your ENJO VIP Membership to ENJO SA
The monthly contribution will be based on your choice of points and benefits that you would like to receive. Your contribution will affect the level of your membership, which can have an effect on the benefits you can make use of.
b) Extra charges for using benefits
There may be extra charges for using certain partners or benefits. The fees may be due to third parties or directly to ENJO SA and may include, activation fees and monthly fees. At the time of initiating such benefit you will be informed of the applicable fees.
c) Annual increases
There may be annual inflationary increases for your contributions and fees paid.

13) ENJO VIP Membership programme benefits

a) Who can use the programme benefits?
Only members of the ENJO VIP programme may use the benefits.
b) When members can start using benefits
You can start using your benefits from the activation date of your membership, which is the date of your first contribution. This date will be reflected on your welcome letter.
c) Waiting periods for new members
ENJO may apply waiting periods to certain benefits as well as other restrictions, and there may be benefits that become available in future as a reward for your uninterrupted tenure in the programme. By way of example, if you have purchased ENJO products prior to your membership, then there will be a three-month waiting period before you can make use of our Extended Guarantee for Damages.
d) Transfer of rights to the benefits or points
You may not transfer membership rights, or rights to benefits or points to another person. Members may not use programme membership or benefits as security for any debt.
e) Underutilization rules
Some benefits or partner’s benefits may expire if not utilized within the set period of time as defined under that benefit. Failing to meet the utlisation rules could result in your rights to the benefit being changed, terminated or lost. See the benefit rules for more details.
f) Responsible use of benefits
The ENJO VIP programme is designed to help members obtain and replace their ENJO products when they become ineffective, but more importantly to encourage recycling by returning their used products to ENJO SA, and to help new ENJO users to become acquainted with the correct us of the ENJO products. Therefore, your membership and benefits may be terminated in accordance with clause 17 below if we find that you acted dishonestly or fraudulently in your engagement with the ENJO VIP programme.
You are encouraged to report any fraudulent or misuse of the ENJO VIP programme by contacting ENJO SA.

14) ENJO VIP Points

a) When points are earned
You will earn points every month based on your membership level as long as your membership is active. Your points will be reflected in a monthly statement that will be sent to you via email on a monthly basis. In future your points will reflect in a membership area on our ENJO website.
b) How many points members earn
The number of points you earn depends on various factors, such as:
” Your membership level
” Recycling your used ENJO products
” Other factors
We may adjust the number of points you can earn for each activity.
c) Limits to the points you can earn
There are no limits to how many points you can earn for activities and how many points you can earn in each year. However, you may be required to use your points, upon which at least a 30 calendar day notice will be given by email to you.
d) Limits to activities
Many benefits and activities have limits. See “Summary of points benefits guide” for details.
e) Carrying over points from year to year
You are restricted to how long you can keep points without using them. See the “Summary of points benefit guide” for details. The primary purpose of the ENJO VIP Membership is to enable you to obtain or replace your ENJO products within 36 months. For this reason, you will have to use at least 80% of your points within 36 months period, and the remainder 20% within 12 months thereafter. If you have not used your points within these deadlines, you may receive a notification from ENJO together with a final grace period of 90 days. On the 91st day of this grace period to utilize your points, you will lose and forfeit any benefit of your points under notice. Every 37th month your accrual period will reset and you will be able to accrue for another 36 months, upon which this process is repeated.
f) Claiming points
You can only claim points in exchange for products which ENJO SA stock and make available for sale. ENJO SA indicated the points value for each product that you can exchange for your points.
g) You may find out how many points you have
You can get an update of your ENJO VIP Points by contacting ENJO SA.

15) ENJO VIP Status

a) Benefit levels sometimes depends on your ENJO VIP Status
Some benefits depend on your ENJO VIP status. If your status changes, the rules relating to the benefits may also change.

i) Moving from one status to another
As a member you can choose to change your membership status. When you change your status, your previous contributions may affect certain benefits on a pro-rata basis. For example, your annual bonus is calculated based on a percentage of your past contributions as far back as 36 months.
ii) Cancelling or Having a break in membership
You may change or stop your membership with a 20-business day notice (one calendar month). There will be no penalties for stopping or cancelling membership. However, any unutilized points need to be utilized within your notice period. On expiry of your notice period, any remaining points will be lost.
iii) Resuming membership after cancellation
If you resume membership after expiry of your notice period, your commencement date will resume from your new activation date and the rules under section 13 will apply, including the applicable waiting periods as you will be deemed as a new member.

16) Changes to the rules
We may change these rules and the benefit rules from time to time. Generally, changes take effect from 1 January, although we occasionally implement changes to the rules during the calendar year. We will give you advance notice of any intended changes to benefits and fees within a reasonable time. If we are terminating a benefit altogether we will provide you with reasonable notice.
17) Ending the membership or benefits

a) When membership or benefits terminate

i) If you no longer qualify
We will terminate your membership if you no longer qualify for membership (see section 7: Who qualifies for ENJO VIP Membership and section 8: Who does not qualify for ENJO VIP Membership)
ii) If we do not receive payment
We will terminate your membership if you do not pay the full monthly contribution fee to ENJO SA.
iii) If we believe there is inappropriate or fraudulent use
We will terminate any right or benefit you have in the ENJO VIP Programme if we believe that you are abusing the benefits or privileges of the programme.

This includes:
” Encouraging, assisting or advising another ENJO VIP Member to commit fraud in their engagement with the ENJO VIP programme.
” Purposefully (not accidentally) damaging an ENJO Fiber or product in order to claim under any of our guarantees.
” Claiming other users or member’s products under your membership or using your benefits of this programme for the benefit of another member, for example, claiming another ENJO user’s products under our recycle plan.

b) If your membership ends
Please note that if your membership is terminated for any reason:
” Your rights to benefits will cease.
” We will not refund any fees or contributions paid for the ENJO VIP programme or its benefits.

c) If your membership ends
Please note that if your membership is terminated for any reason:
” Your rights to benefits will cease.
” We will not refund any fees or contributions paid for the ENJO VIP programme or its benefits.

18) Suspension of Benefits
We reserve the right to preclude, suspend or terminate your membership in the event that any of your accounts with ENJO SA is in arrears.
19) Taxation
You are advised to obtain your own tax advice regarding any benefit you may receive in terms of these rules. ENJO SA will not be responsible for any tax consequences that may arise.
20) Assignment
You acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
21) Combination of Debit Order Mandates
If this is an additional debit order mandate with ENJO SA, you give permission to us to combine such debit orders where possible. Combining debit orders do not combine agreements at all, and is limited to an administrative arrangement relating to debit order mandates.