Terms and Conditions

GAMMATECH LTD

TERMS AND CONDITION FOR CHECKSA REWARDS PROGRAM
Introduction
Please read these terms and conditions of participation in the CHECKSA rewards program carefully. By participating in this program, you agree to be bound by the terms described herein and all terms incorporated by reference, including our privacy policy and the terms and conditions. If you do not agree to all or any of these terms, do not participate in this program.

The “CHECKSA rewards program” (thereafter referred to as “CHECKSA” or “Program”) is offered by GAMMATECH LTD (“GAMMATECH, “the Company”, “we”, “our” or “us”) for the purposes of recognizing and rewarding our loyal customers.

GAMMATECH is a private company limited by shares incorporated and existing under the laws of Mauritius and bearing business registration number C164220 and having its registered office at Royal Road, Chapman Hill, Beau Bassin.

These Terms and Conditions set out the contractual relationship between GAMMATECH and each registered CHECKSA members (“Members”, “you”, “your” or “yours”) in respect of the Program.

Additional terms and conditions may apply in relation to specific offers, products, and services, and will be set out on the CHECKSA application and/ or will be communicated to you via email.

About CHECKSA rewards program

The CHECKSA rewards program enables Members to earn and/or redeem points at any of our Participants. A complete list of our Participants can be found on our CHECKSA mobile app. The list may be subject to change at any time, without prior notice

Using the CHECKSA mobile app, you will be able to create a membership account where you will receive and redeem benefits of the Program provided that:

  • You have read and accepted the Terms and Conditions of the application, and
  • You consent to the collection, use, and disclosure of your personal data by GAMMATECH, the Program and Participants, and their authorized third-party agents and licensees in accordance with the Privacy Policy.

Membership to the Program is free of charge. You must complete the registration process in order to benefit from the advantages of the Program.

Definitions
In this agreement, unless the context clearly indicates otherwise, the undermentioned terms shall have the meanings assigned to them hereunder:

“Affiliate” means, with respect to any person, any person directly or indirectly controlling, controlled by or under the common control of such person and for the purposes of this definition.

“Control” shall mean possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, through the ability to appoint a majority of the board of directors or similar management body, by contract or otherwise howsoever.

“Applicable Laws” means any law, regulation, regulatory requirement, judgment, order, direction, or any other act of any government entity of Mauritius.

“App” refers to the mobile application available for Apple, Android, and Harmony operating systems, downloadable from App Store for Apple or Google Play for Android or AppGallery for Huawei.

“GAMMATECH Company” means GAMMATECH or any of its Affiliates or any other company in which GAMMATECH, directly or indirectly, holds interests.

“Member” means the person who is a member of the Program and whose name is registered against a Membership Number.

“Membership” means membership of the Program.

“Membership Number” means the Membership number allocated to a Member in accordance with these Terms and Conditions. It is a representation of your membership account through the App, which may be used at some Participants (i) for authentication purposes, and/or (ii) to use some of the benefits

“Member Registration Data” means data personal of a Member collected when registering for the Program.

“CHECKSA”, “we”, “us” “our” means GAMMATECH, a private company limited by shares incorporated and existing under the laws of Mauritius and bearing business registration number C164220 and having its registered office address at Royal Road, Chapman Hill, Beau Bassin.

“CHECKSA Points” or “Point(s)” means the points earned by a Member under the Program and credited to a Member’s account for spending at Participants.

“Misconduct” includes:

    1. failure to comply with these Terms and Conditions;
    2. misconduct whilst using any participants facilities;
    3. providing registration information, which is untrue, inaccurate, not current or incomplete; and/ or
    4. misconduct in dealing with our staff and/ or the staff of any participants.

“Participants” mean companies participating in the Program, from which Members are eligible to earn Points or use Points as the case may be.

“Qualifying Purchases”: Participants may at their sole discretion excludes goods and/or products that may not be eligible for loyalty Points. Example: cigarettes.

“Payment” means payment either by redeeming Points, or using cash, debit card, credit card or any other method as may be accepted by the Participant in accordance with the terms of the relevant offer.

“Program” means the CHECKSA rewards program operated by GAMMATECH pursuant to which Members earn/redeem Points from Participants.

“Reward” means any special benefit offered by the Participants to Members exclusively, including but not limited to Points.

“Transactional Data” means any information collected by a Participant in respect of transactions between the Member and that Participant

“Digital Membership ID” means a digital representation of the membership account available on the App.

“Fraud” means any conduct which is fraudulent, dishonest, and deceitful. Such conduct includes, but is not limited to any of the following:

      1. knowingly supplying incorrect information to accrue Points;
      2. using or attempting to use stolen or counterfeit (electronic) vouchers;
      3. attempting to accrue Points or rewards from Participants dishonestly;
      4. selling, bartering and/or purchasing Points or rewards including attempting to sell or transfer points or rewards by means of internet-based sales or auctions otherwise than as may be permitted under these Terms and Conditions;
      5. attempting to use Points or obtain rewards dishonestly;
      6. knowingly benefiting from the fraud or misconduct of another Member or individual; or
      7. using the App to purchase on behalf of a corporate, wholesaler, distributor, or any other entity other than for domestic, household purchases.

Membership of the Program

3.1 Membership Eligibility

3.1.1 Only individuals who: (i) are 18 years of age or older, (ii) habitually reside in Mauritius, and (iii) hold a valid National Identity Card (“NIC”) or Passport Number (“PN”) in Mauritius, may apply for Membership.

3.1.2 Membership is offered by the Company and an application may be refused without assigning any reason.

3.2 Membership Application

3.2.1 An individual may apply for Membership at any time by making an online application through the App. All applications must be completed via a digital form and no hardcopy form is needed.

3.2.2 Membership applications must state the applicant’s title, first and family name as stated on the NIC or PN, the date of birth, place of residence, the email address, and the Mauritian mobile number for correspondence (collectively referred to as “Registration Information”). On GAMMATECH’s system, all NIC/PN shall be unique and hence only one Account shall be registered under the same NIC / Passport number.

3.2.3 All Registration Information provided during enrolment and throughout your interactions with CHECKSA must be true and accurate. You must promptly update your Registration Information, as and when necessary to keep it true, accurate, current and complete at all times. You are responsible for all activities related to your CHECKSA Account and for maintaining the confidentiality and security of your username and password.

3.2.4 Additionally, you must acknowledge receipt of the present Terms and Conditions, and consent to our CHECKSA PRIVACY POLICY AS PER CONTRACT to complete the enrolment process.

3.3 Membership CheckSa App

3.3.1 Applicants registered as Members will be given a Membership Number. Members will need to have in their possession either the Mobile App to earn or redeem Points, where in some places identification (NIC/PN) may be needed.

3.3.2 It is your responsibility to safeguard your CHECKSA profile username and password/MPIN details and ensure that it is not divulged to anyone. In the event of someone else using your username and Mobile Personal Identification Number (MPIN) to make changes to your profile or transact on your behalf, we will not be held responsible for the changes and the outcome thereof.

3.4 Membership Account

3.4.1 Applicants will be on boarded on the date they register via the App provided all mandatory fields are correctly filled in. Members agree to be bound by the Terms and Conditions (as may be amended from time to time).

3.4.2 Each Member must give GAMMATECH immediate notice of any changes to their Registration Information such as name or preferred email or mobile contact details and if requested by us, written proof of any such changes. Members can at any time update their Registration Information through the App. The date of birth and NIC/Passport Number will purposefully not be editable after registration. This is to secure this key information that might be used to authenticate Members when calling our call centre for example and also to make no person below 18 years old is registered as a member.

3.4.3 For Members who have been registered using their Passport Numbers, any mistake in the date of birth during the registration will require such Members to produce relative document to authenticate prior to any amendments.

3.4.4 Correspondence will either be sent via in-app messages or to the Member’s email address or mobile number (as applicable) provided on the Member’s profile.

3.4.5 GAMMATECH shall not be responsible for late, lost or misdirected mail.

3.4.6 Correspondence from Members must be sent solely through the Contact-Us form within the App.

3.4.7 It is your responsibility to keep any information that might allow access to your Membership secure. GAMMATECH will not be held responsible if a third party is able to redeem Points on your account as a result of you not taking appropriate care of your Membership details. If you lose or accidentally reveal your Membership Number or password/MPIN details to any third party, you should contact us immediately.

3.4.8 GAMMATECH reserves the right to audit any Member’s account and records without notice to the said Member so as to check for compliance with the present Terms and Conditions and any other applicable rules, regulations or terms and conditions.

3.5 Termination of Membership
Membership will be terminated under the following conditions:

a) Upon the death of the Member: Any Points accumulated but unused at the time of death shall be cancelled together with Membership to the Program; or

b) If there is reasonable ground to believe that you have committed an act of fraud or misconduct against GAMMATECH or any Participant, GAMMATECH may forfeit all accrued and accruing Points of the Member and any Rewards at the time of cancellation of the Membership.

c) Members may terminate their Membership at any time by contacting our customer service and stating that they no longer wish to be a Member. Any such termination will result in the cancellation/forfeiture of any Points accumulated.

3.6 Termination of the Program

3.6.1 The Program may be terminated at any time at the sole discretion of GAMMATECH without any liability to you. A notice will be published on the App and/or an email shall be sent to inform you of the termination.

3.6.2 If GAMMATECH ends the Program, Rewards and/or Points accumulated but not used, will expire on the date the Program ends. Accumulated but unredeemed Rewards and/or Points shall be void after such date.

3.7 Changes to the Program

3.7.1 GAMMATECH reserves the right, at its sole discretion to update, change or replace any part of the present Terms & Conditions at any time and without prior notice to Members, including but not limited to:

end or cancel the Rewards;

change any Reward or benefit we offer;

change the requirements for earning Points or a particular Reward;

change the time you have in which to earn or redeem a particular Reward; and/or

change any other feature of the Program, including the Participants.

3.7.2 The latest version of Terms & Conditions will be available on the App.

3.7.3 Members shall be deemed to have agreed to any modifications, withdrawal, amendment or additions to the Program if, after we have notified you of the changes, you continue to participate in the Program.

3.7.4 Members who do not wish to accept changes to the Program may terminate their Membership in the manner described in Section 3.5(c).

Points

4.1 Earning Points

4.1.1 As a benefit of being a Member, you can earn and receive Points by making Qualifying Purchases at a Participant.

4.1.2 You will not receive Points in respect of non-Qualifying Purchases, as per list which you must verify on your App from time to time for updates.

4.1.3 The Points will be recorded in the Member’s personal account and you can track your Points and Rewards by logging into your account and by viewing the “Transaction History” tab.

4.1.4 Members can only earn Points by presenting their CHECKSA Mobile App when making Qualifying Purchases at Participants. Failure to present your CHECKSA App at the time of purchase will result in a Member not earning the eligible Points for the transaction. Furthermore, it is not possible to earn CHECKSA Points retrospectively for transactions in the past where the CHECKSA App has not been presented.

4.1.5 The updated list of Participants can be found on the App.

4.1.6 Points are accumulated in your account at varying levels at each Participant and you must refer to your App for more details.

4.1.7 Members will earn Points on the total amount paid including VAT and after any applicable discount (net price). Only whole Points will be allocated after the corresponding calculation of Points (example: a member who spends Rs 305 at Super U’ (Rs10 per point) will be allocated 30 Points, not 30.5 Points). This excludes money spent on non-Qualifying Purchases referred to in paragraph 4.1.2.

4.1.8 Opportunities to earn extra CHECKSA Points may be given at the sole discretion of GAMMATECH.

4.1.9 GAMMATECH reserves the right to change the number of Points awarded for purchases at any time during the Program, without prior notice.

4.2 Points Balance & Pending Points

4.2.1 Points may be deducted from the balance in a Member’s account for any Points credited by error and for any Points relating to a purchase which is cancelled or reversed or where a refund is given.

4.2.2 In cases of dispute about entitlement to Points, GAMMATECH may require proof of a transaction with the relevant Participant. Claims in respect of Points must be lodged with the Participant within 30 days of the purchase.

4.3 Points Expiry
If a Member has not conducted any earn or redeem transactions as a loyalty member with any Participant within a consecutive period of 24 months (has not earned Points, redeemed Points, or donated Points, which is considered as a transaction too), the account will be permanently and irreversibly deactivated and all Points that have accrued to that date will expire.

4.4 Redeeming Points

4.4.1 You will be able to redeem your Points for purchases made at Participants, by directly using Points as a payment type at the time of purchase, or by redeeming Points into a voucher for selected Participants.

4.4.2 GAMMATECH reserves the right to change the conversion value of Points at its sole discretion and without prior notice. Members will be notified of same, accordingly on their App.

4.4.3 Points have no cash value and cannot be exchanged for cash .

4.4.4 Points cannot be purchased, redeemed for cash or any other monetary value or currency, or used to pay any credit card or other credit devices.

4.4.5 Points are not your property in as much as the Points are issued without separate payment or other consideration by you and exist at the sole discretion of CHECKSA as part of the Program.

4.4.6 Points may not be assigned, transferred or pledged to any third party, except as stated herein. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce/judicial separation.

4.4.7 To redeem your Points towards your next purchase, you are required to use your CHECKSA App before paying. At any point of time members may be asked to produce their NIC or PN along with, for secured authentication.