Terms and Conditions of Jenga Loyalty Points
EYBY LOYALTY PROGRAMME- JENGA POINTS
The following terms and conditions apply to the Eyby Loyalty Programme (the “Programme”) and will continue on an ongoing basis unless terminated in accordance with item 9 below.
By participating in the Programme you will be deemed to have read, understood and accepted these terms and conditions.
1.Definitions
a) “You” or “Participant” means an Eyby.com customer who has enrolled to participate in the Programme as provided in item 2.2 below;
b) “Merchandise” means physical or other items or services offered as rewards by Metsec from time to time;
c) “Reward Points” means points earned and accumulated as provided in item 3 below:
2. Participation
2.1 Eligibility
The Programme is open to only Eyby.com customers who choose to enrol on the Programme as provided in item 2.2 below.
2.2 Enrolment Procedure
2.2.1 In order to become a Participant, you will be required to register on Eyby.com as a customer or by using such other enrolment method as Eyby.com may communicate from time to time.
2.2.2 Enrolment on the Programme will be free and you will be deemed to have been enrolled once you register on Eyby.com.
2.2.3 Warranties Given By the Participant
In addition to complying with the provisions of this terms and conditions you warrant to Eyby.com that:
(a) The information given by you at the time of personal data registration is complete, true and accurate and that you will inform Eyby.com of any subsequent changes to such particulars.
(b) You will not sell barter or attempt to assign, transfer or deal with the Jenga Reward Points accrued otherwise than as authorised by these terms and conditions.
(c) You will give to Eyby.com such information as is requested in order to verify your entitlements under the Programme or for any other purpose whatsoever.
(d) You will not act in a manner likely to affect the good name of Metsec Cables Ltd and Eyby.com.
(e) You own or are authorised to use the Jenga Reward Points against further purchases on Eyby.com where usage Jenga Reward Points will accrue.
(f) You will at all times be solely responsible for the safety and use of Eyby.com.
3. Jenga Reward Points
3.1 Earning Reward Points
The accrual of Jenga Reward Points will be on the basis of your purchase, usage, and such other criteria as Eyby.com may communicate from time to time.
You earn 1 Jenga Reward Point for every PAID purchase on eyby.com of Ksh 100 inclusive of VAT
3.1.1 Activities that will not earn you Jenga Reward Points
You will not earn any Jenga Reward Points from:
(a) Products sold by Metsec Cables that are not in Eyby.com. Eyby.com, reserves the right to amend the list of products that will attract Jenga Reward Points
(b) Products that have been stolen
(c) Products bought not using Eyby.com
3.2 Checking your balance Jenga Reward Points
(a) By accessing the website https://eyby.com and signing in. You may see your balances under “My Account” tab; or
(b) By such other mode as Eyby.com may provide time to time.
3.2.1 Eyby.com will not allocate Jenga Reward Points and may reverse or cancel any Reward Points allocated where it is found that such Jenga Reward Points were accrued in breach of this terms and conditions or otherwise incorrectly.
4. Redemption of Reward Points
4.1 Available Rewards and how to redeem your points
You will be able to redeem your Jenga Reward Points for Eyby.com products and services, Merchandise and such other rewards as Eyby.com may offer from time to time (“Rewards”).
Information regarding the available Rewards and the applicable redemption requirements will be communicated by Eyby.com in the Eyby.com website or any other means from time to time.
4.2 What else you need to know about the redemption of your Jenga Reward Points
(a) Once you have communicated your request to redeem as described above, such request cannot be revoked, amended or exchanged for another reward nor will the redeemed points be reinstated to you.
(b) Participants will not be entitled to use accrued Jenga Reward Points to settle outstanding bills for products bought outside of Eyby.com
(c) Merchandise advertised from time to time and featured at the Eyby.com website (https://eyby.com) is subject to availability. The receipt by Eyby.com of an intention to redeem such items will not constitute a reservation of that item.
(d) Eyby.com reserves the right, at its absolute discretion to set any quota for, or replace or withdraw any featured Reward at any time and to substitute any Reward requested for redemption by a Participant for a different Reward of comparable point value to the particular Reward requested by the Participant.
(e) The redeemers of all Merchandise will be required to identify themselves through the presentation of such documentation as shall be considered suitable for verification by Eyby.com including but not limited to any of the following forms of identification: original Identification Card/original Passport.
(f) By redeeming Jenga Reward Points you release Eyby.com and Metsec Cables Ltd from any and all liability regarding the redemption of the Jenga Reward Points.
(g) Eyby.com and Metsec Cables Ltd are not responsible or liable for any redemption of your Jenga Reward Points balance where the redemption was not authorised by you.
5. Expiration of Your Reward Points
5.1 Jenga Rewards Points accumulated will be deemed to have expired:
(a) 15 months from the end of the month in which they were accrued or such other period as Eyby.com may communicate from time to time.
Expired points will be deemed to have been forfeited by the Participant.
5.2 Upon termination of the Programme as provided in item 9.2 below you will be required to redeem your Reward Points within 2 months from the date on which Eyby.com publishes a notice of termination. Jenga Points not redeemed within this period will be deemed to have expired and thereby forfeited by the Participant.
5.3 Neither Eyby.com nor Metsec Cables Ltd will be obligated to offer an extension on expired points nor offer any cash refunds or other exchanges or compensation whatsoever for expired Jenga Rewards Points.
6. Use of Personal Data
6.1 Definition
“Personal Information” means personal identifiable information as prescribed in the Data Protection Act which includes but is not limited to name, address, phone number, identification number, location data.
6.2 Metsec Cables Ltd and Eyby.com will use and be entitled to disclose the personal information you provide for the following purposes:
(a) Administering the Programme.
(b) Fraud prevention and law enforcement.
(c) Marketing and research related activities.
(d) Such other purposes as may be provided in the terms and conditions of use of any of the Eybyproducts.
(e) Compliance with any legal requirements or court order.
6.3 Privacy
We are committed to respecting and protecting the privacy of the information we collect from you. Our privacy statement, as updated from time to time, explains how we treat your personal information, who we share your information with, and measures taken to protect your privacy when you use our website.
7. Transfer of Jenga Points
7.1 General Terms for Transfer of Jenga Points:-
Participants will not be allowed to transfer their Jenga Reward Points
8. General issues, Variation and Limitation of Liability
8.1 The Programme and Jenga Reward Points are offered at the sole discretion of Eyby.com and Metsec Cables Ltd and Metsec Cables Ltd and Eyby.com reserves the right to vary the terms and conditions of the Programme including but not limited to the minimum number of Reward Points required to redeem a reward, types of rewards, conditions of participation etc even though such changes may affect the redemption value of the Reward Points already accumulated. Subsequent modifications to these terms and conditions will be posted at https://eyby.com .
8.2 In the event these terms and conditions are amended or varied as provided in item 8.1 above then your continued participation in the Programme will be deemed to be an acceptance of such a variation.
8.3 Jenga Reward Points of one Participant cannot be combined with those of other Participants.
8.4 Jenga Reward Points have no cash value and together with the Programme rewards are not exchangeable for cash or any other consideration and shall not be sold.
8.5 The Jenga Reward Points you accrue do not constitute your property nor do they entitle you to a vested right or interest and in this regard are not transferable, or assignable to any other Participant save as stated in these terms and conditions.
8.6 Eyby.com and Metsec Cables Ltd makes no warranty, express or implied, regarding the merchantability, fitness for a particular use or otherwise, regarding any Merchandise or other Rewards obtained by redemption.
8.7 Eyby.com and Metsec Cables Ltd will not be liable to a Participant for any monetary loss or damage. Without limitation Eyby.com and Metsec Cables Ltd is not liable to a Participant for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether Eyby.com and Metsec Cables Ltd has any control over circumstances giving rise to the claim or not.
9. Deregistration and Termination
9.1 You will be able to deregister yourself from the Programme by contacting Eyby.com customer care.
9.2 Eyby.com and Metsec Cables Ltd reserves the right to terminate the Programme at any time, without providing justification and without liability to you. Notice will be published on the website and will be effective immediately upon publication of the notice. In such event Participants will be required to redeem their Reward Points within the period set out in item 5.2 above.
9.3 Metsec Cables Ltd reserves the right to terminate your participation in the Programme with immediate effect in the following circumstances:
(a) Upon any detection of fraud or attempted fraud relating to your enrolment, registration, the accrual and redemption of Jenga Reward Points;
(b) Breach of any of these terms and conditions;
(c) Any other circumstances (justification for which will not be provided) as may be determined by Eyby.com and Metsec Cables Ltd.
9.4 If your participation in the Programme is terminated under any of the circumstances set out in item 9.3 above then you will lose your right to redeem your accumulated Jenga Reward Points and the same will be deemed to have been forfeited in which case the provisions of item 5.3 above will apply. In addition Eyby.com and Metsec Cables Ltd reserves the right to take appropriate legal action as it deems necessary and to recover damages and other expenses incurred in pursing such action.
10 WAIVER
Every effort has been made to ensure that the information herein is correct. Eyby.com and Metsec Cables Ltd are not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by the Eyby.com or Metsec Cables Ltd of the strict observance, performance or compliance by a customer with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Eyby.com and Metsec Cables Ltd as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by Eyby.com and/or Metsec Cables Ltd in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
11. Disputes
11.1 JURISDICTION/GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of Kenya, and if Kenya’s laws or regulations are more stringent than the forms of the agreement, the Kenyan law or rule shall govern. Any action brought under, pursuant to, or in connection with this Agreement shall be brought only in a judicial court located in Nairobi, Kenya, and each party consents to jurisdiction of such court.
11.2 DISPUTE RESOLUTION
Eyby.com and Metsec Cables Ltd. may elect to resolve any controversy or claim arising out of or relating to these Terms and Conditions, the Program, the Program Website and any other Program Terms or claims relating thereto by binding arbitration in accordance with the commercial arbitration rules of the Kenya Arbitration Act, No. 4 of 1995. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nairobi, Kenya and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a judicial court of competent jurisdiction in Kenya, necessary to protect the rights or the property of you or Eyby.com and Metsec Cables Ltd.(or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Last Updated: 27th November 2022
Metsec Cables Ltd
P.O.Box 75963-00200,
Nairobi, Kenya
All Rights Reserved.