Terms & Conditions

 
Loyalty Programme Terms & Conditions
Effective as of 1 May, 2020.
 
The Montagu Durban North (MDN) Loyalty Programme was created to recognize and reward our loyal MDN customers. As part of the MDN Loyalty Programme, members can earn MDN Loyalty Rewards, as explained below. The MDN Loyalty Programme is offered at all customers. The MDN Loyalty Programme is accessible through the MDN Loyalty Communicator App (the “App”) and other online content management functionality on this site. These Terms and Conditions (“Terms”) apply to your participation in the MDN Loyalty Programme and use of the App and other online content information management systems on this site and not to any other website, mobile app, product, service, or Programme offered by MDN.
 
In order to participate in the MDN Loyalty Programme, you must agree to these Terms.
Please read these Terms carefully, as they are a legal and binding agreement between you and MDN, that apply to your use of the App and enrollment and participation in the MDN Loyalty Programme. If you do not agree to these Terms, do not use this App or participate in the MDN Loyalty Programme.
 
Eligibility
In order to join the MDN Loyalty Programme, you must be an individual and at least 18 years of age. Corporations, partnerships, limited liability companies, trusts, or other legal entities are subject to individual approval prior to enrollment. Each MDN Loyalty Programme member may have only one account linked to a unique e-mail address. Employees of MDN, and any parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in the MDN Loyalty Programme.
 
Registration and Enrollment
To enroll in the MDN Loyalty Programme and begin earning MDN rewards, open the Loyalty & Referral (L&R) Communicator App page and follow the steps below. You also have the option of joining the MDN Loyalty Programme at https://montagudn.app or such other URL as may be promoted from time to time.
 
Join through the Mobile App:
  1. Open the App Page on a PC or on your smartphone.
  2. Create an account by selecting the LOGIN option and submit your information as is required.
  3. As soon as you submit your information, you will be sent a verification e-mail.
When you enroll, regardless of method, you agree to (1) provide accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify MDN immediately of any unauthorized use of your account information, or any other breach of security. Note that we are "POPI ACT" Compliant and have no access to your Registration information unless you subscribe to our e-mail or SMS service.
 
If any information you provide MDN is not accurate or complete, we may block you from enrolling in the Programme, or we may cancel your membership in the MDN Loyalty Programme. Each person may only have one Loyalty Programme account. If MDN finds that you have created multiple MDN Loyalty Programme accounts, we may cancel all of your accounts. Further, MDN may refuse to allow you to re-enrol in the MDN Loyalty Programme.
 
If you subscribe, MDN will use your contact information to keep in touch with you in the ways you select (e-mail or SMS) by opting in when you enrol. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages (e.g. start having messages sent to your mobile phone number), please log onto the App or the MDN website, log in and update your contact information or preferences.
 
MDN Loyalty Rewards
As a benefit of being a member of the MDN Loyalty Programme, you can earn and receive points that will count towards MDN Loyalty Rewards. Members will earn one point (1) point for each R1.00 of pre-tax spent on food and beverage (points are not earned for tax and gratuity payments). This is equivalent to .877 of a point for each VAT inclusive purchase. All point allocations are rounded down to the nearest point. MDN Loyalty Rewards accumulated under the MDN Loyalty Programme are promotional and have no cash value. There are no membership fees associated with the MDN Loyalty Programme. From time to time, promotions may offer increased points per rand. Points can be redeemed at the rate of 20 points per one Rand. Promotions may offer different redemption rates. 
 
You may earn and receive points toward MDN Loyalty Rewards as follows:
 
Qualifying Purchases:
MDN Loyalty Programme members will earn and receive points towards MDN Loyalty Rewards by making qualified purchases (food and beverage only excluding delivery fees and other charges) at MDN and any participating affiliated partner businesses. After the payment transaction is cleared, your points will be applied to your MDN Loyalty Programme account. You can track your points and Rewards by logging into your MDN Loyalty account to view History.
 
Social Media Sharing & Referral Bonuses:
You may receive rewards for adding reviews, social sharing and for referrals. You may also benefit from two-way rewards when a referee redeems a shared reward. Given redemption the referrer and the referee may benefit per the terms and conditions of any individual promotional offer. Recommendations, social sharing and reviews accord you a Referral Reward Programme status as follows:
  • Advocates - those that share on a preferred social network ( valid for 30 days),
  • Advisors - those that add reviews on the App ( valid for 30 days) and
  • Ambassadors - those that introduce 5 new customers in a 60 day period who each get a 5% discount on their 1st purchase. Once five friends have become customers you get a 25% off coupon added to your loyalty account which you can use on your next purchase.
 
Loyalty Rewards:
By accumulating points per pre-tax Rand in your MDN Loyalty Programme account, you will earn points towards milestone rewards. Loyalty Rewards points expire after 365 days. Once you reach a milestone total you keep the points thus far accumulated until any part thereof expires after 365 days. You may then start accumulating further points towards your next Milestone Reward. Rewards are earned by reaching a milestone. It is possible that if points expire a member's points tally may drop below a milestone only to build back  to the milesone that was previously rewarded. Members will not earn the same reward twice until such time as they reach the top milestone. Currently reaching a points milestone wiill set your status as follows: 
  • Silver VIP Customer - 0 to 999 points,
  • Gold VIP Customer - 1,000 - 1,999 points and
  • Diamond Customer - 2000 - 100,000 points.
​Upon reaching 100,000 points, all points will expire regardless of age and the member will start to accumulate and earn milesone rewards once again.
 
Additional Rewards Programme Terms:
MDN reserves the right to terminate your MDN Loyalty Account and/or your participation in the Loyalty Programme if we determine in our sole discretion that you have violated these Terms, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. MDN may, in its sole discretion, suspend, cancel, or combine MDN Loyalty Rewards accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Loyalty Programme.
 
MDN has the right at any time, with or without giving you prior notice, to:
  • end or cancel the MDN Loyalty Programme, MDN Loyalty Rewards and/or any specific Loyalty Reward;
  • change any Loyalty Reward or other MDN Loyalty Programme or benefit we offer;
  • change the requirements for earning points or a particular Loyalty Reward;
  • change the time you have in which to earn or redeem a particular Loyalty Reward; and/or
  • change any other feature of the MDN Loyalty Programme.
If MDN ends the MDN Loyalty Programme, Loyalty Rewards you have earned but not used will expire on the date the MDN Loyalty Programme ends are no longer offered. Earned but unredeemed Loyalty Rewards shall be void after such date.
 
Prizes, Rewards, Benefits, Content & Use of the App
The App and all content, information, and other materials featured, displayed, contained, and available on or through the App (collectively, the “Content“) is owned by or licensed to MDN and is protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Subject to your compliance with these Terms, MDN grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or the Content.
 
You agree to use this App and the Content in accordance with these Terms and all applicable laws and regulations. MDN may prohibit access, use, conduct, communications, or content that MDN, in its sole discretion, deems to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law.
 
Members that benefit in any way whatsoever from this programme grant MDN the right and license to use the fact that they won or benefited in any way whatsoever in promotion activities designed to promote the interests of MDN.
 
Modifications
We may modify these Terms from time to time. When we do, we will notify you by email, through the App or in another similar manner such as by notice on this site. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms may also be posted here. Your continued use of the App or participation in the MDN Loyalty Programme after any modification confirms your acceptance of the modifications.
 
Additionally, MDN may at any time, for any reason, and without notice or liability: (1) suspend or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license granted herein. Upon termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.
 
No Warranties
THE APP, THE CONTENT, THE MDN LOYALTY Programme AND MDN REWARDS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND MDN HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MDN DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
 
Limitations of Liability
IN NO EVENT SHALL MDN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE MDN LOYALTY Programme, MDN LOYALTY REWARDS, OR THESE TERMS, WHETHER OR NOT MDN MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
 
Keeping in Touch with You
As a part of the MDN Loyalty Programme, MDN will send to you informational and promotional messages to the contact information that you provide as a part of your opt-in subscriptions upon registration or later, such as messages informing you of improvements we make to the Programme, new Loyalty Rewards you may earn, new MDN partners/ affiliated businesses participating in the MDN Loyalty Programme, new menu items you may want to try, and events happening at MDN. These communications may happen in the form of push notifications through the App and/or email and or by way of pull notifications available on the App or on this sites pages or functionality.
 
Electronic Communications
When you visit the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the App or this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
 
Privacy
Please review our Privacy Policy, which is available, upon request, as it governs how the information you provide to MDN through the App and the MDN Loyalty Programme may be used.
 
Questions
If you have any questions regarding the App, the MDN Loyalty Programme, MDN Loyalty Rewards and/or these Terms and Conditions, please contact us as directed on our contact us page.

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