Crescent Lifestyle - Terms & Conditions

Your privacy is important to us. We strive to ensure that our use of your personal information or personal data is lawful, reasonable, and relevant to our business activities, with the goal of improving our services and your experience.

This privacy notice sets out what personal information we collect from you when you use our platform (which could be our online platform, mobile site, an application or any other electronic platform), how we collect your personal information, why we collect it and how we use it, and related matters.

Please read this privacy notice carefully to understand our views and practices regarding your personal information and how we will treat it (even if you're a long-standing site user) and contact us if you need any clarity or assistance, using the contact details set out at the end of this policy.

This privacy notice is applicable to Crescent Lifestyle. This privacy notice should be read in conjunction with the standard terms and conditions of our company and must be applied with due consideration and compliance with South African privacy, protection and other consumer laws as applicable.

 1. INTRODUCTION

1.1 With effect from the date of acceptance hereof by Crescent Lifestyle the subscriber appoints Crescent Lifestyle to provide “the services” to and/or on behalf of the subscriber in accordance for the provisions hereof

1.2 The subscriber agrees to be bound by the provisions contained in any notice, directive or applicable tariff plan issued or derived by Crescent Lifestyle.

1.3 The subscriber acknowledges that the application form constitutes an offer by the subscriber, which may be accepted or refused by Crescent Lifestyle at its sole discretion. The issue of the card to the subscriber shall be deemed to constitute acceptance of the offer, by Crescent Lifestyle and commencement of this agreement. This agreement shall become binding between Crescent Lifestyle and the subscriber whether or not the subscriber was notified of the acceptance of the offer. The subscriber herewith expressly dispenses with notification of acceptance of the offer by Crescent Lifestyle.

1.4 Clause headings are inserted for convenience and shall not be used in its interpretation, unless the context clearly indicates a contrary intention, an expression which denotes one gender includes the other gender and neuter as applicable, a natural person includes a juristic person and vice versa, the singular includes the plural and vice versa.

1.5 This privacy notice applies to you as a customer or as a guest, namely a person who accesses or registers on our platforms, regardless of the device which you use to access it (e.g. a computer, mobile phone, tablet etc). This privacy notice does not apply to other parties' sites, products or services, such as sites linked to, from or advertised on our site, or sites which link to or advertise our site.

1.6 Personal information refers to information about an identifiable person, such as your name and surname, gender, age, date of birth, contact details (phone number and email) and address, physical location, ID number among other identifiers.

Other information which might be “personal” information may include:

• “device and device event information”: IP address, unique device identifier, the nature of the device which you used to access our site, the geographic location of your device, hardware model and settings, operating system details, browser type and version, browser language, system activity and crashes;
• “log information”: such as details of how, when and for how long you accessed and used our site and other site traffic and use information, landing pages, which pages you accessed and viewed, the amount of time spent and what you did on those pages, details about games you played, how you interacted with other site users, and exit pages.;
• “location information”: We may use various technologies to determine your actual location, such as geographical data from your device (which is usually based on the GPS or IP location); and
• “Unique application numbers”: Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall such a service or when that service periodically contacts our servers, such as for automatic updates.

1.7  We collect your personal information in three ways, namely

• actively from you;
• passively from your device when you use our platforms;
• passively from social networking sites (subject to your privacy settings)

1.8  We passively collect some of your personal information from the device which you use to access and navigate through our platform(s), using various technological means. One of the key ways in which we collect information passively is using server logs to collect and maintain log information. We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit our site, to distinguish you from other site users and to improve our service to you.

1.9 There are two kinds of information which we collect from social networking sites, namely basic information and extended information.

• Basic information is information which you have put on a social networking site which you have made public in accordance with your privacy settings on the relevant social networking site.

This could include your name and surname, username or user-ID number, your profile picture or its URL, your e-mail address, the physical location of your device, your gender, your date of birth, and any other information which you have decided to share publicly (i.e. the information which you have put on your social networking site profile for anyone to see).

We will access your basic information from a social networking site only:

• when you log on to a social networking site from our site or if you select the “keep me logged in” function;
• with your permission; and
• In line with your privacy settings on the relevant social networking site.
• Basic information is information which you have put on a social networking site which you have made public in accordance with your privacy settings on the relevant social networking site.

This could include your name and surname, username or user-ID number, your profile picture or its URL, your e-mail address, the physical location of your device, your gender, your date of birth, and any other information which you have decided to share publicly (i.e. the information which you have put on your social networking site profile for anyone to see).

We will access your basic information from a social networking site only:

• when you log on to a social networking site from our site or if you select the “keep me logged in” function;
• with your permission; and
• In line with your privacy settings on the relevant social networking site.

1.10  We collect some personal information passively from our affiliates and third-party service providers, purely to supplement information which you have already agreed to give us, to supplement your user profile on our site to assist us with enhancing your viewing experience.

1.11 We use the information we collect to provide, maintain, and improve our services, to develop new ones, and to protect us, our services and our users. We constantly strive to improve our users' experience, and so we also use the information we collect in order to offer you information and content which is more appropriately tailored for you.

We may collect and use your personal information to:

• establish and verify your identity;
• to create your user account and ensure that it doesn't duplicate an existing user account on our site (if you have an existing user account, we will merge the two accounts on our computer systems) and allow use of our site, products and services;
• maintain and update our databases;
• communicate with you in various ways (determined by you in your privacy settings), such as e-mail, post, telephonically, SMS notifications, instant messaging or other notifications to your device (e.g. on-screen pop-up messages);
• enable user to user communications;
• request feedback on our site, products and servers, address any issues and liaise with users in that regard;
• keep a record of our communications with you and your communications with us;
• fulfill any contractual obligations we may have to you or any third party;
• provide you with value added services;
• to identify and inform you of points of interest or goods and services of interest near to your location, using your location information;
• improve the content of our site and our products and services;
• allow you to participate in any interactive features and sharing features that may be active on our site;
• combine your personal information from a social networking site with the information on our site to streamline and complete our records and to make it easier for you to share things with people you know;
• improve your user experience and the overall quality of our services;
• customise our site to your preferences and tailor information and content for you to ensure that it is presented in the most effective manner for you and for your device;
• inform you of facts relating to your access to and use of our site;
• inform you about our products and services which we think may interest you (if you have consented to this);
• inform you about competitions, promotions and special offers from us (if you have consented to this);
• inform you about any changes to our site, our products and services, our terms of use, this privacy notice or other changes which are relevant to you;
• carry out marketing, product research and development;
• to tailor general advertising on our platforms more appropriately for user groups;
• to compile and use statistical information about you and other users and their access to and use of our site, browsing habits, click-patterns, preferences, demographics etc which we may use to develop, provide and improve our platforms and our products and services, including recommendations to users and tailoring information and content for users;
• to compile, use, disclose and trade with non-personal statistical information about our users and their access to and use of our site, browsing habits, click-patterns, preferences, demographics etc. which we and our advertisers may use to develop, provide and improve our platforms and our products and services, including targeted advertising to user groups. Please note that the information referred to in this paragraph is aggregate information about our users which has de-identified users' personal information such that it cannot be linked back to identify you. We will not disclose your identifiable personal information to anyone without your express permission;
• diagnose and deal with technical issues and customer support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your device to use in connecting with our site, and administer, maintain and secure our platforms;
• detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of our site and contravention of this privacy notice;
• comply with the law or with any legal process; and
• Other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate for us to provide our platforms, and our products and services.

We will get your permission before collecting or using your personal information for any other purpose.

Only the following information is compulsory: Your name, surname, registered e-mail address or mobile number. In order to access any of the value-added services you will need to identify yourself as a Crescent Lifestyle member by adding your cell number of a living person (not a bot).

All other information is optional. If you do not agree to share your compulsory information with us, then you will not be able to make full use of the features that are offered to registered users. If you do not agree to share your optional information with us, then you may not be able to enjoy all our platform features and functionality.

By downloading the Crescent Lifestyle APP, you hereby agree to and give consent to receive communication via our various social media platforms including but not limited to the APP on an ongoing basis. 

1.12 We retain all personal information which we collect from you (except for the information referred to below) unless there is a valid technical, legal or business reason for us to delete, destroy or de identify it (“retained information”).

We will not retain the following information if you ask us not to –

• your contacts information as contemplated in ‘Passive collection of personal information from social networking sites (with your permission) ‘above, unless that contact is a registered user on our site who has given us permission to store their information;
• communications which we have sent on your behalf as contemplated in ‘Passive collection of personal information from social networking sites (with your permission) ‘above;
• The content of your public communications via our site with site users or third parties for as long as the relevant site feature remains active.

We may keep all retained information for as long as you continue to access our site and for five years thereafter:

• if you do not access our site for a consecutive period of two and a half years, we will inform you that your account is dormant; and>
• If you do not access our site for a further year after the dormancy notification, we will delete, destroy or de identify all your personal information from our records except for information which we store for historical, statistical or research purposes.

Notwithstanding the above and any other provision of this privacy notice, we may keep some or all your personal information if and for as long as:

• we are required by law, a code of conduct or a contract with you to keep it;
• we reasonably need it for lawful purposes related to our functions and activities;
• we reasonably need it for evidentiary purposes; or
• You agree to us keeping it for a specified further period.

1.13  We will not disclose, for commercial gain or otherwise, your personal information other than as set out in this privacy notice or with your permission.

We may disclose or share your personal information to or with:

• our affiliates;
• our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and to provide services for or to us, such as site hosting, development and administration, technical support, financial services such as processing of payments, delivery services, marketing services (only in respect of our site, products and services) and other support services;
• in order to enforce or apply our terms of use or any other contract between you and us;
• in order to protect our rights, property or safety or that of our customers, employees, contractors, agents and any other third party;
• in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;
• any third party who acquires (or proposes to acquire) ownership or control of our assets, shares or management, or that of our affiliates, and our site, whether by sale, merger, acquisition or otherwise, and to any third party from who we acquire (or propose to acquire) ownership or control of assets, shares or management, whether by purchase, merger, acquisition or otherwise;
• governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
  • comply with the law or with any legal process;
  • protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors and agents or any third party;
  • detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of our site and/or contravention of this privacy notice;
  • Protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).

We may use your personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked back to you by a third party.

We will get your permission before disclosing your personal information to any third party for any other purpose.

1.14 When you register on our platforms you may choose whether to receive marketing communications from us. You may also manage it in your privacy settings on our site.

You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“marketing preference”).

You may opt out of receiving direct marketing communications from us:

• At the time of registering on our platforms by ticking the relevant “opt-out” box; and
• At any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.

If you have opted out in accordance with the above, we will:

• send you written (which may include electronic writing) confirmation of receipt of your opt out request; and
• Not send you any further direct marketing communications.

You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receiving direct marketing communications from us.

We will not send you direct marketing communications at home at any period during which it is prohibited by law to do so, unless you have expressly or implicitly requested or agreed otherwise.

1.15 All information you provide to us is stored on our secure servers or those of our trusted partner services.

We implement appropriate, generally accepted technical and organisational measures to protect your personal data against unauthorised or unlawful processing, accidental loss, destruction or damage, including encryption where appropriate.

Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee 100% security of your data transmitted to our servers using the internet and any transmission is at your own risk.

We take reasonable technical and organisational measures to secure the integrity of information we collect about you, using accepted technological standards to –

• prevent unauthorised access to or disclosure of your personal information; and
• Protect your personal information from misuse, loss, alteration or destruction.

In particular:

• We require you to enter a password when logging in to our site.
• We do not require your credit card details, Internet banking details or PIN numbers for any purpose. If we need to make a payment to you (e.g. if you win a prize), we will send you an e-mail requesting your banking details and make payment directly into your chosen bank account. We will keep the payment records (for finance, recordkeeping and audit purposes) on secure servers. We will not disclose your banking details to any third party except to the extent necessary to process and record payments.
• Where we allocate you or replace a password which enables you to access certain parts of our site, we will do so in an automated manner and we do not store it. You are responsible for keeping your password confidential. Please notify us immediately and change your password if you become aware that your password has or may have become compromised or accessed by an unauthorised person.
• From time to time we review our information collection, storage and processing practices, including physical security measures, to keep up to date with best practice.
• We create a secure back-up for operational and safety purposes.

2. YOUR RIGHTS AS A DATA SUBJECT

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

• Right of access

You have the right to request a copy of the information that we hold about you. Access to this information may be subject to an administrative fee if your request is manifestly unfounded, excessive or repetitive.

• Right to rectification

You have a right to insist that we correct data that we hold about you that is inaccurate or incomplete.

• Right to be forgotten

In certain circumstances you can ask for the data we hold about you to be erased from our records.

• Right to restriction of processing

Where certain conditions apply you have a right to restrict the processing of your data, for instance how we market to you.

• Right to data portability

You have the right to have the data we hold about you transferred to another organisation or provided to you in a machine-readable word format.

• Right to object to processing

You have the right to object or remove your consent for certain types of processing such as direct marketing.

• Right to raise a complaint

You have the right to complain if you have cause to be concerned about the way we capture, treat or process your personal information.

 3. DURATION

We may change this privacy notice from time to time. If we do so, we will post the revised policy on our site and take reasonably practicable steps to ensure that you are aware of the updated privacy notice (including, if we have your e mail address, e-mailing you notifications of the updated privacy notice).

3.1 This agreement shall continue for a minimum period of 12 months reckoned from the date of acceptance hereof by Crescent Lifestyle (“the initial period”) and thereafter shall continue indefinitely until terminated by either party by the giving of 1 (one) month written notice of termination, which notice will be effective from the last day of the calendar month following receipt of such notice.

3.2 Any notice of termination or any other notice whatsoever by the subscriber to Crescent  Lifestyle shall be in writing.

3.3 In the event of death of the subscriber or in the event that either party is provisionally or finally liquidated, wound up or declared insolvent or in the event that either party enters into a scheme of arrangement or compromise with its creditors or allows a judgment to be entered against the name of the party and does not take steps for the rescission thereof within a period of 21 (twenty one) business days after the date of the judgment then the other party shall be entitled immediately to terminate this agreement.

3.4 Termination of this agreement does not relieve the subscriber from the liability to pay charges for the initial period plus notice period and any charges and cancellation fee in (5) below

4. PROVISION OF SERVICES

4.1 Crescent Lifestyle shall be entitled in its sole discretion to suspend, cancel, vary or terminate this agreement or any part thereof, without Crescent incurring any liability whatsoever in the event of non-availability of the services or if any agreement giving Crescent Lifestyle the right to render the service, or any part thereof, or giving Crescent Lifestyle access to anything relating to the service, is suspended, cancelled, varied or terminated.

4.2 The subscriber agrees that if for any reason any of the agreements between the Card Issuer and/or Card Management Service Provider and Crescent Lifestyle are terminated so as to have the effect of Crescent not being entitled to render the services, all of the rights and obligations of Crescent Lifestyle in terms of this agreement may be assigned to any third party service provider as may be approved of in writing by the Card Issuer and/or Card Management Service Provider, which approval will not be unreasonably withheld or delayed forthwith upon the termination for whatever reason.

4.3 Crescent Lifestyle cards are issued by and remain the property of Crescent Lifestyle.

4.4 Crescent Lifestyle will not be held liable should the Issuing Bank reject the application due to the applicant not meeting the necessary requirements by the Issuing Bank.

5. CHARGES

5.1 The subscriber shall pay to Crescent Lifestyle:
5.1.1 Upon commencement hereof, the initial Joining Fee of R119 for the Primary Member and R109 for a Secondary member of the Family and R99 for pensioners (age 65+)
5.1.2 Monthly in advance, the monthly subscription charge
5.1.3 The subscriber agrees that Crescent Lifestyle shall be entitled from time to time to increase or vary the charges payable by the subscriber to Crescent Lifestyle for the services. Crescent Lifestyle shall endeavour to give the subscriber prior notice of any such increase or variation but gives no undertaking in this regard.

5.1.4 All members are liable to pay a cancellations fee of R90 per person under the account.
5.1.5 Crescent Lifestyle will attempt to adhere to the debit date requested by the member, however, this may vary at Crescent’s discretion without prior notice.

6. PAYMENT

6.1 Payment shall be in the form of a Bank Debit Order, Credit card, or Direct Cash Deposit or EFT.

6.2 The subscriber agrees that payment shall only have been made to Crescent Lifestyle when the monies have been received into Crescent Lifestyle bank account.

6.3 Should any debit order be returned unpaid or stopped or be rejected for whatsoever reason or should Crescent Lifestyle exercise its right to suspend the provision of the services due to late or non-payment of any monies due in terms hereof by the subscriber, then the subscriber shall pay an administration charge as may be levied by Crescent Lifestyle from time to time for each such non-payment, suspension or any other breach of this agreement which amount shall be payable upon demand and recoverable by Crescent Lifestyle.

6.4 All monies payable by the subscriber to Crescent Lifestyle in terms hereof shall be paid timeously on due date, free of deduction or set-off to Crescent Lifestyle principal place of business.

7. LIMITATION OF LIABILITY

Crescent Lifestyle shall not be liable under any circumstances whatsoever for any loss or damage of any nature whatsoever (including loss of profit or any other special damages or indirect or consequential loss or damages) which the subscriber or any other person may suffer whether as a result of any breach by Crescent Lifestyle of any of its obligations to the subscriber, or whether caused directly or indirectly by the non-functionality of the services and / or stored value card.

7.1 Crescent Lifestyle email disclaimer Any electronic communication you receive from an employee or representative of Crescent Lifestyle (Pty) Ltd or any subsidiary of the previous mentioned companies (referred to hereinafter as “Crescent Holdings”) including any attachments is subject to the electronic communications disclaimer as set out below. Any electronic communication you receive from an employee or representative of Crescent Lifestyle (Pty) Ltd or any subsidiary of the previous mentioned companies (referred to hereinafter as “Crescent Holdings”) including any attachments is subject to the electronic communications disclaimer as set out below. Information contained in any email or attachment from Crescent Lifestyle is confidential and may also be privileged or protected by other legal rules or law. If this communication is not addressed to you and has been received in error, you must:

• notify the sender immediately and delete the email; and

• refrain from copying, printing, forwarding, publishing or disclosing the contents of the e-mail. Reasonable care has been taken to transmit this communication free of damaging code; however, Crescent Lifestyle and the sender make no warranties in this regard. Neither Crescent Lifestyle nor the sender of the e-mail shall be liable for any loss, damage or expense of any nature resulting from the transmission of the e-mail, including any damaging code or viruses transmitted. The views and opinions expressed in the email do not necessarily reflect the views and opinions of Crescent Lifestyle.

Crescent Lifestyle shall not be liable for any loss, damage or expense resulting from any e-mails or faxes or messages sent by its employees or representatives which contain infringing, offensive, defamatory or otherwise unlawful content or which content constitute unsolicited commercial messages (“spam”). Notwithstanding the provisions of the Electronic Communications and Transactions Act 25 of 2002, any agreements concluded with Crescent Lifestyle by using electronic correspondence shall only come into effect once Crescent Lifestyle has indicated such contract formation in a follow-up communication. Crescent Lifestyle deems a mail as sent once it reflects as ’sent’ on the email server of Crescent Lifestyle.

8. BREACH

8.1 Should the subscriber breach any provision of this agreement including failing to pay Crescent Lifestyle any monies due in terms hereof on due date, then Crescent Lifestyle shall be entitled without prejudice to any of its other rights arising out of this agreement forthwith and without any liability towards the subscriber to suspend its provision to the subscriber of the services in whole or in part.

8.2 Any breach will entitle Crescent Lifestyle to recover from the subscriber upon demand as liquidated damages hereby agreed to by the subscriber, an amount equal to the aggregate of all of the monthly subscription charges due until the expiry of the initial period plus notice period plus any other charges incurred

9. LEGAL COSTS

Should Crescent Lifestyle instruct its attorneys to enforce any of Crescent Lifestyle rights arising from this agreement or to institute action against the subscriber, then the subscriber shall be liable for all legal costs on attorney and own client scale including any collection commission incurred by Crescent Lifestyle and the subscriber shall upon demand pay such costs.

10. CONDITIONS GOVERNING THE PAYMENT TOWARDS THE UMRAH PRIZE

10.1 Winners younger than 18 years must be accompanied by an adult. Proof that an adult is accompanying the minor will be required.

10.2 The prize will not be paid out in cash to the winner but will go towards payment for the Umrah package arranged through a recognized travel agency. The necessary booking and travel arrangements are the sole responsibility of the winner. Crescent Lifestyle will transfer the winnings to the travel agent appointed by the winner.

10.3 The winner is responsible for obtaining all passport, visa, health information and documentation that may be required. Crescent Lifestyle will not be held responsible or liable for failure to obtain necessary travel documents.

10.4 Crescent Lifestyle will not be held liable for any losses incurred or suffered as a result of the take up of the prize.

10.5 From date of draw the prize will be held for a period of 12 (twelve) months for the Umrah prize.

10.6 Crescent Lifestyle holds the right to change, suspend, or terminate the draw competition and prizes without any notification.

10.7 Each subscriber is entitled to win an Umrah package once every twelve (12) months.

10.8 The winner of the prize may elect to transfer the benefits to another recipient of his/her immediate family member within a 12 month period. The winner may request to transfer in writing from Crescent Lifestyle. The above terms and conditions will remain in place.

10.9 Where a member has not travelled and Crescent Lifestyle has paid for the purpose intended for, it is the member’s liability to return the money in full to Crescent Lifestyle with immediate effect, even if the payment was made to the travel agent on the member’s behalf.

10.10 The member will not be eligible for the prize, and will forfeit the prize in full, should his/her subscription be in arrears.

Standard Terms and Conditions of Crescent Lifestyle apply.

E&OE.