Terms and Conditions

OUTLINE

These Terms and Conditions will govern the participation of individuals / groups of the Program.

By accessing and participating in this Program, you, the Participant, are deemed to have secured the required authorisation from your Superior, Store Manager and or Head Office.

Tecno may, at any time inform a Participant's employer of the Participant's participation in the Tecno Sales Incentive.

Tecno accepts no responsibility for any participation in the Tecno Program that may lead to a breach in the Participant's employment agreement or any other agreement or arrangement.

You are further in agreement that you have read, understood and consented to all the Terms and Conditions prior to participating in this Program.

Tecno and/or the Organiser, may at its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised terms and conditions.

All individuals and or entities that participate in the Program, agree to be bound by the above outline and the following provisions

INTRODUCTION

1.1 The Program will run from the 29th of September 2020 onwards and may be extended or reduced at the Organiser's sole discretion.

1.2 Any such change in the Program Period by the Organiser shall be communicated to Participants.

1.3 Participation is free of charge, apart from any data costs that the Participant may incur when accessing the claims portal via his/her personal computer, tablet, mobile phone, note book or any such similar device.

1.4 Each Participant may participate under one personal username only.

1.5 To be eligible to participate in this Program and receive incentives, the Participant must meet the following requirements:

- be a resident South African and be employed at a Tecno dealer sales partner store as a floor sales consultant (FSC) and/or store manager and/or dealer principal;

- register him/herself on www.Tecno.myclaim.co.za;

- have his/her registration verified via www.Tecno.myclaim.co.za and/or by Tecno.

- inform SARS of any additional earnings received via this incentive program;

- All cash payouts will be loaded by the Organisers onto the Participant's Tecno Rewards Card

- Only 1 (one) dealer principal may be registered per store.

- Only FSCs, store managers, and/or dealer principals may participate in this Program.

- The use of an assigned personal username is expressly limited to the registered Participant and you may not be transferred to any other party, whether temporarily or permanently. The Participant agrees to bear sole responsibility for all use of the allocated personal username and for the confidentiality of the issued password. Tecno will suspend access or change access to the Participant's personal username upon notification to Tecno by the Participant, through an e-mail to tecnoinfo@myclaim.co.za, that a Participant has lost his/her password through theft or otherwise compromised immediately.

1.6 Only Participants may access the services on this website. The Participant shall ensure that his/her personal username and password are kept securely and confidentially, and not permitting its release to third parties. The Participant is solely responsible for maintaining the confidentiality of his/her personal username and password. Tecno will therefore not be liable for any claim, damage, expense or loss incurred by a Participant or any third party as a result of the Participant's failure or inability to do so.

1.7 If, at any time, a Participant is preparing to emigrate from South Africa, he/she will no longer be eligible to be a Participant or to receive rewards. Please inform Tecno promptly of any intention or preparation to emigrate from South Africa by emailing Tecnoinfo@myclaim.co.za.

1.8 Participants who have lodged a fraudulent claim will be automatically deleted from the Program without notice.

PARTICIPANT INTERACTION

The Participant hereby agrees to the following:

2.1. be solely responsible for and take all such measures and steps to maintain and protect the confidentiality of his/her password (including but not limited to changing his/her password from time to time);

2.2. take all such measures and steps to prevent any unauthorised use of his/her personal username;

2.3. taking all such measures and steps to prevent publication of his/her password;

2.4. be solely responsible for any and all activities which occur and/or any and all messages, information and other materials furnished, created and/or submitted under his/her personal username;

2.5. immediately notify Tecno on Tecnoinfo@myclaim.co.za if he/she becomes aware of, suspects or has any reason to believe that there is any unauthorised use of his/her personal username or any other breach of security;

2.6 to co-operate with Tecno and or the Organiser in all such security investigations and to indemnify, defend and hold harmless Tecno and or the Organiser for any liability or expense arising from such use or misuse.

2.7. being solely responsible for any and all activities and transactions performed through his/her personal username on the www.Tecno.myclaim.co.za website. Any transaction or use of this website under his/her personal username which is authenticated by his/her password shall be deemed to be on the Participant's behalf or as his/her agent, with due authorization from the Participant at all times. Any transaction made on the www.Tecno.myclaim.co.za website using any of the Participant's personal username and password and through his/her personal username shall be deemed to be binding on the Participant.

2.8. All Consultant, Supervisor or Manager claims or queries not resolved within 14 days will not be paid out. The onus is on the participant to follow up on unsolved matters and check on the status of both their queries and claims.

2.9. not acquiring any rights to his/her personal username or password selected by the Participant or assigned to you by Tecno or the Organiser and aforementioned. Tecno reserves the right to change the same at its sole discretion without being liable to the Participant for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, punitive, exemplary or consequential) suffered.

2.10. be required to provide information about the Participant for registration or otherwise which is complete and accurate. The Participant may update the information online from time to time as required.

2.11. promptly inform Tecno and or the Organiser of any changes in his/her delivery address; breaches of security; including loss, theft, or unauthorised disclosure or use of his/her personal username or password; or changes in his/her e-mail address. Until Tecno and or the Organiser receives notice of a breach of security, the Participant will remain liable for any unauthorised use charged to his/her personal username.

2.12. acknowledge and represent that he/she is not younger than 18 years old and agrees that it is a condition of participation that he/she consents and authorises Tecno and/or the Organiser to disclose all information provided by the Participant to Tecno and or the Organiser including his/her personal information, to its Affiliates, agents, sub-contractors and/or service providers and their staff, employees, officers and agents for the purposes of:

2.12.1. Tecno and/or the Organiser providing services, including the awarding of rewards/payouts to the Participant;

2.12.2. Tecno and or the Organiser improving Tecno customer service, including by means of research, marketing, product development and planning;

2.12.3. Tecno marketing its products or services or the products or services of its partners; and any third-party providing services to Tecno and or the Organiser in connection with the administration of the Program

2.13. accept that this information may be transferred to or from South Africa for these purposes; noting that if all or any part of the requested information is not provided by the Participant, the services provided to the Participant by Tecno and or the Organiser may be affected.

2.14. the Participant's personal information being governed by these Terms and Conditions.

2.15 Tecno and or the Organiser will provide the Participant with access to and correction of his/her personal information held by Tecno and or the Organiser on request from the Participant to the extent permitted or required by law. However, Tecno and or the Organiser does comply with validly served and executed court orders and subpoenas and cooperates with investigations by state and federal agencies in accordance with internal Tecno policy. Under these circumstances, or where otherwise required by law, the Participant's personal information may be shared with others with or without his/her knowledge, consent or notice.

2.16. The use of the www.Tecno.myclaim.co.za website by any unauthorised personnel is prohibited. The Participant shall notify Tecno and/or the Organiser immediately of any unauthorized use of any user identification, passwords or other security information, or breach of security. Tecno and the Organiser, cannot and will not be liable for any loss or damage arising from the Participant's failure or inability to comply with this requirement.

2.17 Participants must not, whether intentionally or negligently:

2.17.1. abuse the rewards, goods, services, facilities or arrangements accorded to the Participant as a result of participation in the Program;

2.17.2. act in any way which may or is likely to be detrimental to the interests of Tecno and/or the Organiser, including, without limitation, the Program;

2.17.3. `supply or attempt to supply misleading information, or make any misrepresentation to the Program; or

2.17.4. act in any way which in Tecno’s reasonable opinion breaches or is likely to breach these Terms and Conditions or is inconsistent with the intent of these Terms and Conditions.

2.18. Participants must comply with these Terms and Conditions at all times.

3: REWARD PROCESS

3.1 Rewards can only be earned in relation to lawful sales of Products made by the Participant in South Africa after the Participant's registration is accepted and communicated to him/her via e-mail acknowledging the Participant's authorized and approved participation in the Program. Points can only be applied to the Participant's personal username. Points may not be awarded (and may be subsequently deducted) for cancellations or refunded Products.

3.2 Claims are processed only once the Participant has been verified by the Organiser. Cash payouts will thereafter be provided to the Participant onto his/her Tecno Card with payments made onto the card being equal to the indicated amount per Product claimed on the Product table. The Participant will be able to spend his/her payout in the form of cash at any outlet in the Republic of South Africa that accepts Master Card.

3.3 Each Participant is responsible for ensuring that all the necessary details of the sales of the Products concluded in South Africa eligible for earning Rewards including the Tecno Mobile IMEI number, date of sale, model number and your internal sales receipt or internal order reference/code are accurately registered and submitted online under his/her personal username. All registered sales are subject to verification and confirmation by Tecno and or the Organiser. Any sale registered which in the sole opinion of Tecno is inaccurate or fraudulent will be rejected. The Participant is solely responsible for the accurate completion and submission of her/her claims and supporting documentation and the Participant must have directly and lawfully sold the Product him/herself in order to earn the respective payout. The Participant who logs the sale on the website will be the only one awarded with the cash payout. This rule does not include telesales consultants.

3.4 Rewards and Pay Out Values are calculated on the date of sale. No payouts will be made if the date of the sale is older than two (2) weeks and/or has already been submitted or processed.

3.5 Any unusual claim or suspicious activity will be subject to investigation and will remain pending until such time as proof of sale is presented by the consultant within 14 (fourteen) days and verified. Tecno reserves the right to review sales retrospectively for unusual activity and shall deal with such activity accordingly.

3.6 Each Participant is responsible for ensuring that Rewards are properly credited to his/her personal username. Where a Participant contends that Rewards have been earned but not credited, or in cases where Tecno in its sole discretion deems verification is required, Tecno reserves the right to require proof of earning from the Participant, including copies of sales receipts or any other internal proof-of-sale documents.

3.7 Money will be credited to a Participant's Tecno reloadable rewards card in respect of sales of Products once these have been verified by Tecno and or the Organiser. However, pending verification by Tecno and or the Organiser, Rewards in respect of sales of Products may not be credited to a Participant's personal username but will instead be treated as "Pending Rewards". Tecno and or the Organiser will initiate contact with the Participant to investigate and clarify the situation regarding any Pending Rewards within 10 business days of the sale of the Product for which Rewards are being claimed are registered and submitted online by the Participant.

3.8. Any discrepancies (complaints) must be brought to the attention of the Organiser and the Program by the Participant within 14 (fourteen) days of the sale of the Product. No amendments to such discrepancies can be made after this period. Tecno will be the final arbiter in any Reward disputes.

3.9. Participants who are also participants of other incentive programs can only receive Rewards in one program for the same sale transaction of a Product unless otherwise specified. Points cannot be transferred between schemes or programs conducted by Tecno and its partners and non-partners unless otherwise specified.

3.10 If you are a South African taxpayer, your Tecno Reward earnings may be subject to personal income or other tax assessment and you will be solely liable for these. You are advised to make independent checks with your accountant or tax adviser for further information. Neither Tecno, and or the Organiser, nor its Affiliates, are responsible for withholding any tax or for making any payment to the South African Revenue Services (SARS) on Participant's behalf. It is the responsibility of the Participant to report any untaxed earnings to SARS. It is the sole responsibility of the Participant to keep a record of her/her earnings from the Program during each taxable financial year to use said information/records for the submission of his/her annual tax return.

4: REWARD CLAIMS

4.1 Money will be automatically paid into the Tecno Rewards Debit card only.

4.2 Money may not be pooled, sold, assigned or transferred to any other person (including but not limited to another Participant) or otherwise redeemed (whether for valuable consideration or otherwise) for anything else besides the Rewards.

4.3 Participants must first log into the website and click on the Make Claim tab, thereafter complete all the relevant information fields within the Make Claim Tab, which include but is not limited to the product's IMEI number and then submit all the completed details for verification purposes.

4.4 Participants whose sales data is only reflected on selected cellular mobile network reports will only receive monthly payouts.

4.5 Only where Tecno have negotiated with and reached an agreement with all relevant stakeholders including but not limited to Mobile Network Head Quarters, will the system approved Dealer Principal and/or Stores Sales Manager, earn a % (percentage) of the earnings of all the sales consultants linked to them. Where there are 2 (two) or more sales managers, a list of sales consultants linked to each sales manager must be provided to Tecno and or the Organiser, in order to correctly reward all the Participants. Should a dispute arise for any reason whatsoever, accounts will be immediately suspended pending the final and binding decision of Tecno and/or the Organiser.

4.6 Tecno and or the Organiser will provide cash payouts to Participants only once the Participants Mobile sales have been fully verified against the Tecno IMEI Data.

4.7 Tecno and/or the Organiser will only provide cash payouts to the Participant(s) who have sold Products listed on the payout table; unless otherwise communicated to the Participant(s).

4.8 Only Tecno product purchased from selected authorised stores will be considered for cash payouts.

4.9 Should 2 (two) or more Participants submit the same IMEI numbers on the website, the respective payout will be held in abeyance pending the final and binding decision of Tecno and/or the Organiser.

5: PAYOUTS AND VALIDITY

5.1 Rewards will be awarded at the sole and absolute discretion of Tecno and or the Organiser in the form of cash.

5.2 If the Program is terminated all cash rewards/prizes must be redeemed by the Participant within 14 (fourteen) days from their date of issue

6: LIABILITY

6.1. To the extent permitted by law, Tecno and or the Organiser are not responsible and disclaims liability for errors or omissions including (without limitation) those resulting from computer hardware or software errors or failures, or for fraud, or for lost, stolen, or corrupted online registration data or sale reports of Products.

6.2. To the extent permitted by law, Tecno and or the Organiser are not responsible for and disclaims liability for the rewards or its satisfactory quality, merchantability or fitness for a purpose.

6.3. To the extent permitted by law, Tecno and or the Organiser are not liable for any special, indirect, consequential damage or loss or any loss of profit or loss of business arising from or in connection with the Program or any reward.

7: BREACH

7.1. Any breach of these Terms and Conditions by a Participant whether intentional or otherwise may result in suspension or termination of participation and/or cancellation of Rewards at the sole discretion of Tecno and/or the Organiser without notice.

7.2. Tecno and or the Organiser is not, and will not be, liable for any Participant's accumulated of Rewards. In the event of suspension or termination of participation or termination or other material alteration to Program, such Rewards may also terminate or be extinguished.

7.3. Tecno and or the Organiser reserves the right to cancel or refuse to honour any Reward which was sold, assigned, transferred or otherwise obtained or redeemed in breach of the Terms and Conditions at any time, without liability.

7.4. Tecno and the Organiser reserve the right to reverse or cancel any Points credited to a Participant incorrectly, not in accordance with or in breach of the Terms and Conditions at any time without liability.

8: TERMINATION

8.1. Tecno and or the Organiser expressly reserves the right to terminate or alter (whether materially or otherwise) the Program at any time, without any liability or notice to Participants.

8.2. Tecno and or the Organiser reserves the right at any time in its absolute discretion and without notice to suspend or terminate the participation of any Participant and/or the right of any Participant to use his or her personal username or password or any Reward, without any liability or notice to Participants.

8.3. Participation will terminate automatically on the death of a Participant. Tecno and or the Organiser will terminate the Participant's participation on receipt of notification of the death of the Participant.

8.4. A Participant may terminate his/her participation at any time by phoning the Tecno Information Line. All funds will remain on the Tecno debit card, but no further earnings can take place.

8.5. The Participants participation in the Program will terminate if he/she ceases to be employed by a Tecno authorised retailer, or if his/her employer ceases to be a Tecno Dealer Principal and or Tecno Authorised Retaile.

8.6. It is required that each Participant registers their Tecno phone sales not later than 2 (two) weeks from the date of sale or as regularly in line with point 3.4.

9: GENERAL

9.1. The Terms and Conditions and participation in the Tecno Sales Incentive and Product Training Program, shall be governed by and construed in accordance with the laws of South Africa. In the event of a dispute, Tecno and or the Organiser will, at its own discretion, make the judgment and this will be binding on all Participants involved. Tecno and or the Organiser, may, at its own discretion, apply to the courts of any country in which it operates for injunctive or other equitable relief to prevent or curtail any breach of these terms and conditions

9.2. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable, it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

9.3. Tecno and or the Organiser's decision on all matters relating to the Program are final and binding on all Participants.

9.4. Tecno and or the Organiser reserves the right to cancel, suspend or terminate this Program without notice at any time and no liability shall lie against Tecno and or the Organiser in favour of any Participant, winner(s) and/or third-party arising from such cancellation, suspension or termination. Therefore, the Participant waives his/her right which they may have against Tecno and or the Organiser and hereby acknowledge that he/she will not have recourse or claim of any nature whatsoever against Tecno and/or the Organiser.

9.5. To the extent permitted by Law, Tecno and or the Organiser excludes all warranties (express or implied), representations and liabilities regarding the Program (other than for death or personal injury caused by its negligence and/or fraud)

9.6. The Program is governed by these Terms and Conditions, as well as those of the relevant authorised participating stores, associated with this Program. The reseller and/or winner(s) hereby indemnifies Tecno and/or the Organiser against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused. And whether it arose under the law of contract or delict or otherwise, because of the reseller's entrance to the Program.