Terms and Conditions of the Participatory Loyalty Program
Owned by Grand Shift Company – Membership System
All praise is due to Allah, Lord of the Worlds, and peace and blessings be upon our master and prophet Muhammad, and upon his family and all his companions:
Introduction
Welcome to the Grand Shift Platform and the Participatory Loyalty Program.
Grand Shift Company offers a loyalty and rewards program based on the Purchase Transactions carried out at the Partner Stores, and it aims to achieve mutual benefits among the Company, the Members, and the stores, in accordance with the approved regulations and policies.
By using the Platform or registering on it, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, and you acknowledge that they constitute a binding contract between you and Grand Shift Company.
First / Definitions
Wherever the terms below appear in any of these Terms and Conditions, they shall have the meaning set out next to them, unless the context requires otherwise:
- The Company: Grand Shift Company.
- The Platform: the website, application, or any electronic system belonging to the Company that enables Members to access the services of the Program and the Partner Stores, manage their accounts, and take advantage of the available benefits.
- The Program: the Participatory Loyalty Program, being a rewards and loyalty program based on Purchase Transactions at the Partner Stores, which grants Members Points and Rewards in accordance with the mechanism and policies approved by the Company and in a manner consistent with the laws and regulations in force in the Kingdom of Saudi Arabia.
- Points: the balance of Rewards to which the Member becomes entitled as a result of qualifying Purchase Transactions in accordance with the Program's mechanism; it includes what results from the Member's personal purchases and from the qualifying purchases linked to the Member's Referral, as well as the Entitlement Reward, and it is redeemable in accordance with the Company's regulations.
- The Partner Stores: the traditional or electronic stores, or service providers, participating in the Program pursuant to agreements with the Company.
- The Member: any person registered with an active membership number on the Platform.
- The Member Account: the electronic account designated for the Member within the Platform, through which the Member's data, Points Balance, Purchase Vouchers, transactions, and the benefits due to the Member appear.
- The Points Balance: the electronic balance in which the Points and Rewards earned by the Member appear, in accordance with the Program's mechanism.
- The Purchase Voucher: a purchasing value that the Member purchases through the means approved on the Platform, for use in purchasing goods or services at the Partner Stores in accordance with the specified terms and policies, and it is not considered a financial deposit or a bank account.
- Purchase Transactions: the actual qualifying purchases made at the Partner Stores in accordance with the mechanism approved on the Platform, which generate revenue for the Company from which Points or Rewards may accrue within the Program.
- The Secret Code: a special code consisting of numbers, letters, and symbols, created by the Member and used to verify the Member's identity in order to secure the Member's access to the Platform.
- Referrals: the invitation of persons to register in the Program through the Member's own Referral Link, and mere registration alone does not give rise to any financial entitlement unless the transactions and conditions qualifying for the reward are met, in accordance with the Company's regulations.
- The Referral Link: the electronic link designated for the Member or the Partner Store, through which a new Member may be registered and linked to the owner of the link, in accordance with the Program's mechanism.
- Automatic Referral: the mechanism used by the Platform when a person wishes to register without having a Referral Link available to them, whereby it enables them to register through the link of one of the nearby stores or one of the qualifying partners, in accordance with the classification criteria approved by the Company.
- The Rating: an internal system for ranking the qualifying partners eligible to receive Automatic Referrals, based on a set of indicators of actual activity within the Program, including purchases, the use of the approved purchasing methods, and activity in building the Member base, and other indicators adopted by the Company; and the Company may adjust the weighting of those indicators in a manner that achieves fairness and the efficiency of the Program.
- The Entitlement Reward: a reward granted by the Program to the Member according to the Member's purchasing behaviour and level of entitlement, and based on the revenues realised from the qualifying Purchase Transactions connected with the Program, in accordance with the Company's approved policies.
- The Verification Code: a number sent to the mobile phone of the Member registered on the Platform to verify transactions.
Second / Membership Conditions
- Registration on the Platform and the application is free of charge and is available to citizens and residents in the Kingdom of Saudi Arabia who are authorized to obtain a Saudi mobile phone number.
- Entering accurate data and updating it upon any change.
- Not opening more than one account for the same person, unless the Company permits this pursuant to a written policy.
- Membership is personal and may not be transferred or sold.
- Registration does not require the purchase of a product or the payment of a membership fee in order to obtain basic membership in the Program.
- No right to any reward or Points arises for the Member merely by registering new Members; entitlements arise only from qualifying Purchase Transactions and in accordance with the approved mechanism.
- The Company is entitled to request verification of the Member's identity or data prior to activating certain services, redeeming Points, or carrying out transactions that require verification.
Third / Registration and Referral Mechanism
- A person wishing to register may join the Program through a Referral Link provided by a Member or a Partner Store, in accordance with the approved mechanism.
- If the person wishing to register does not have a Referral Link, the Platform shall provide them with the option to register through one of the nearby stores or one of the qualified partners displayed to them in accordance with the ranking and Rating system approved by the Company.
- The Rating of partners in Automatic Referral is based on a set of activity and performance indicators within the Program, and is not based on the registration of new Members alone.
- The Company is entitled to amend the criteria and weightings of the Rating in a manner that achieves fairness, prevents manipulation, and improves the efficiency of the Program, provided that such amendments shall apply to periods subsequent to their entry into effect.
- A partner's appearance within the Automatic Referral list does not guarantee that it will obtain a specific number of Members or achieve any income or Rewards.
- The Member is prohibited from creating fictitious registrations, using inaccurate data, or manipulating the geographic location, the Rating, or any of the Referral distribution systems.
- The Company is entitled to exclude the Member from Automatic Referral, rearrange their Rating, or suspend their account upon proof of manipulation or misuse of the system.
Fourth / Member Rights
- To benefit from the Points and Rewards system in accordance with the Company's system.
- To access the Platform, the Partner Stores, and the authorized services.
- To receive training, awareness, technical support, and customer service.
- To receive prior notice of material changes to these Terms and Conditions.
- To view the Points Balance and the transactions recorded in the Member's account, in accordance with the data available on the Platform.
- To object to any transaction or calculation that the Member believes to be incorrect, through the approved channels, within the period specified in the Company's policy.
Fifth / Member Duties and Code of Conduct
- Ensuring that all information the Member publishes is accurate and appropriate in style.
- Complying with these Terms and Conditions and with all the applicable laws and regulations in the Kingdom of Saudi Arabia.
- Adhering to integrity and refraining from misuse of the system.
- Refraining from manipulating invoices, Points, purchase transactions, Referrals, or the Rating.
- Refraining from publishing or sending any content that violates the law or public morals.
- The Member shall promote the Program in accordance with its actual nature and using the information and materials approved by the Company, and shall not present it as an investment opportunity, a means of achieving guaranteed profits, a pyramid marketing scheme, a Ponzi scheme, or under any description that contravenes the true nature of the Program.
- Refraining from claiming that mere registration or the referral of persons results in the achievement of income or a financial reward.
- Refraining from making promises of fixed or guaranteed profits or returns to current or prospective Members.
- Maintaining the confidentiality of their login data (the Secret Code and the Verification Code), and bearing responsibility should they fail to do so.
- Refraining from any activity that harms other Members or affects the performance of the Platform.
- Refraining from creating fictitious, reciprocal, or unreal purchase transactions for the purpose of generating Points or Rewards.
- Refraining from using more than one account or the accounts of others to circumvent the entitlement system, Referrals, or the Rating.
Sixth / Points and Rewards Policy
- Points and Rewards shall be calculated on the basis of the revenue received by the Company from the Partner Stores in respect of qualifying Purchase Transactions, and shall not be calculated on the full value of the purchase invoice, unless the Company expressly provides otherwise in a specific offer.
- The Member shall earn Points from their personal purchases, from the qualifying purchases of the direct Members linked to them, and from the Entitlement Reward, at the following percentages:
- 20% of the Company's revenue generated from the Member's qualifying personal purchases from the Partner Stores within the Platform, as a reward granted by the Program.
- 25% of the Company's revenue generated from the qualifying purchases of the direct memberships registered through the Member's Referral Link, as a reward granted by the Program, provided that this shall not diminish the rights of the Members of that level in any way.
- A specified percentage of the amount allocated to the Entitlement Reward, in accordance with the Member's purchasing behaviour and entitlement level, and based on the qualifying Purchase Transactions associated with the indirect levels, provided that this shall not diminish the rights of the aforementioned Members in any way.
- The Member shall not be entitled to any Points or Rewards merely by registering a new member through the Referral Link; rather, the reward for direct Members shall become due only upon the occurrence of actual qualifying purchases by the direct Member, in accordance with the Company's regulations.
- The new Member shall receive 5 welcome Points upon registering in the Program, and these shall be confirmed and added to their balance once the total of their qualifying personal purchases reaches SAR 1,000.
- The Member shall receive one Point as an activation reward for each direct Referral registered through their Referral Link, and this shall be confirmed and added to their balance once the total purchases of the referred Member reach SAR 250.
- The Points due shall be added to the Member's Points wallet automatically or periodically, in accordance with the settlement cycle approved by the Company, and shall be subject to audit at any time.
- Every Point earned and confirmed shall be equivalent to one Saudi Riyal upon redemption through the channels approved by the Company, unless the value of future Points is amended in accordance with these Terms and Conditions, without prejudice to the Points earned and confirmed prior to the effective date of the amendment.
- Points may not be sold or transferred except in accordance with the Company's regulations, and any violation shall expose the Points that are the subject of the violation to cancellation.
- In the event of a return, cancellation, refund, or the store's cancellation of the commission, the Points shall be adjusted automatically or manually, by way of deduction/cancellation.
- Points shall not be calculated on amounts paid for taxes, fees, and shipping, unless the policy of a specific offer provides otherwise.
- Points shall not become final except after the Purchase Transaction has been confirmed and the return or cancellation period has lapsed, or the Company has received the revenue associated therewith, depending on the nature of the transaction.
- Points are a rewards balance within the Program and are not a bank deposit, and no profits or financial returns shall accrue thereon merely by holding them.
- The Company may set minimum or maximum limits for redemption, or monthly limits for Rewards or entitlements, in accordance with its announced policies.
Seventh / The Entitlement Reward
- The Entitlement Reward is a variable reward linked to the Member's purchasing behaviour and does not represent fixed or guaranteed income.
- The Member's entitlement percentage shall be determined according to the amount of their qualifying purchases during one calendar month, and in accordance with the schedule and the policy approved by the Company.
- The Entitlement Reward cycle shall commence on the first day of the calendar month and end at the close of the last day of that same month.
- The entitlement percentage may be graduated according to the level of the Member's purchasing activity, up to the maximum limit prescribed in the approved policy.
- The calculation of purchasing behaviour and entitlement shall end at the close of each calendar month, and a new calculation shall commence at the start of the following month; the entitlement level or the volume of qualifying purchases shall not automatically carry over to the following month.
- An increase in the number of Referrals or registrations alone shall not result in an increase in the Entitlement Reward, unless accompanied by the fulfilment of the qualifying purchase conditions specified in the Program.
- Indirect transactions shall not result in the deduction of any amount from the rights of the Members who are the parties to those transactions; rather, the Rewards shall be funded from the allocations approved by the Company out of its revenues.
Eighth / Purchase Vouchers
- The Member may purchase Purchase Vouchers through the Platform, at the values and by the means available, for use in purchasing goods or services from the Partner Stores.
- The purchase of the Voucher represents the purchase of a right to use its value for purchasing purposes in accordance with its terms, and does not represent a financial deposit, a bank account, or an investment product.
- The Voucher shall be used exclusively for the purposes, at the stores, and during the periods determined by the Company or the store, depending on the type of Voucher.
- Holding the Purchase Voucher shall not generate any profits, interest, or financial returns.
- The Purchase Voucher may not be redeemed for cash, withdrawn, or converted into cash amounts, and shall be used exclusively for purchasing goods or services from the Partner Stores in accordance with the terms and the policies approved by the Company.
- Before completing the purchase of the Voucher, the Member shall be shown its value, the conditions of its use, and any material restrictions associated with it.
- The Company may temporarily suspend the use of the Voucher where a fraudulent or unauthorised transaction is suspected, pending completion of verification.
- If the use of the Voucher becomes impossible due to the cessation of a Partner Store or a cause attributable to the Company, the balance shall be handled in accordance with the approved policy and the Member's statutory rights.
Ninth / Confidentiality and Data Protection
- The Company shall process and protect the Members' data in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia and its approved privacy policy.
- The Company collects the data necessary to operate the Program, carry out operations, verify accounts, calculate Points and Rewards, develop services, and comply with regulatory obligations.
- The Company may use purchase data in a statistical or aggregated form to improve services and develop the Program.
- The Company shall not disclose a Member's data to other parties except in cases permitted by law, or to perform the services, or with the Member's consent, as required by the applicable laws and regulations.
- The Member shall maintain the confidentiality of the Company's information and shall not use it for any purpose exceeding what is necessary for using the Platform. The Member also undertakes not to disclose such confidential information to any other party, except as permitted under these Terms and Conditions.
- The Member is responsible for protecting their account from any unauthorized access, and bears responsibility for safeguarding their Secret Code and for notifying the Company immediately upon becoming aware of any unauthorized use.
- Marketing messages and the consents related thereto shall be subject to the applicable laws and regulations and the Company's approved privacy policy.
Tenth / Intellectual Property
All trademarks, logos, systems, content, marketing materials, designs, and software owned by the Company are protected by Intellectual Property rights, and may not be copied, modified, republished, or used without written permission from the Company.
Eleventh / Suspension or Termination
- The Company is entitled to suspend the membership of any Member, restrict certain services of their account, or terminate their membership, if it is established that the Member has breached these Terms and Conditions or the Company's approved policies, or has misused the Platform or the Program, or has attempted fraud or manipulation of the system.
- The Member is prohibited from harming the Company, its trademark, its management, its employees, its representatives, its partners, the participating stores, or the Program's Members, by any means, including defamation, insult, slander, threats, extortion, the dissemination of false or misleading information or claims, deliberate harm to reputation, or organized incitement to harm the Company or its interests.
- The expression of an opinion, the filing of a complaint, or objective criticism, made in good faith and in a lawful manner, shall not be deemed a breach of these Terms, unless it involves a violation of the applicable laws and regulations or an infringement of the rights of the Company or of third parties.
- Where a violation or suspected violation exists, the Company is entitled to take whatever measures it deems appropriate according to the severity of the case, including notice, warning, temporary suspension of the account, deprivation of certain benefits, or final termination of membership; and the Company is entitled, in serious cases, to take action directly whenever the continuation of the membership may result in harm to the Company, the Program, the Members, or the participating stores.
- The Company is entitled to terminate the membership of any person proven to have mobilized or incited others with the intent of harming the Company, disrupting its business, or harming its reputation or commercial interests, where this is done by unlawful means or involves false or misleading information, abuse, defamation, or threats, or any conduct in violation of the laws and regulations in force in the Kingdom of Saudi Arabia.
- The Company reserves its full right to document and retain the evidence, correspondence, content, publications, recordings, and messages related to any violation, to the extent permitted by law, and to use them when necessary in legal or judicial proceedings or before the competent authorities.
- The Company's action against the violator shall not be limited to suspension or termination of membership, and the Company is entitled to take all legal measures necessary to protect its rights, reputation, and interests, and the rights of its employees or representatives, including the filing of reports, complaints, and judicial claims, and claiming compensation for actual damages and losses proven to have arisen from the violating conduct, in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia.
- If the violation was committed through electronic means, social media, messaging applications, or digital websites and platforms, the Company may refer the incident to the competent authorities where it involves acts criminalized by law, including defamation, threats, extortion, or harming others through information technology means.
- The Company is entitled to cancel or forfeit any Points or Rewards proven to have been obtained as a result of a fraudulent or fictitious transaction, a returned or cancelled transaction, or a breach of these Terms, without prejudice to the Company's right to claim any other rights or compensation prescribed by law.
- The Company is entitled to request verification of the Member's identity or data and to suspend their account temporarily where there is a reasonable suspicion of fraud, misuse, identity theft, or any violation, pending completion of the examination and verification procedures.
- The Member may request cancellation of their membership at any time, and shall bear whatever consequences follow therefrom, in accordance with these Terms, the Company's policies, and the rights and obligations existing at the time of cancellation.
- Upon termination of membership, other than in cases related to fraud or the unlawful obtaining of Rewards, Points lawfully earned and approved shall remain available for a period of twelve months from the date of termination, unless prevented by the law, a ruling or decision issued by a competent authority, or an ongoing investigation.
- Suspension or termination of membership shall not affect any rights, obligations, or claims validly arising prior to the date of suspension or termination, nor shall it extinguish the right of the Company or the Member to resort to the competent authorities or to claim the rights prescribed by law.
Twelfth / Disclaimer of Warranty
Except as provided in these Terms, the Company makes no express or implied warranties regarding:
- The Platform being free of errors or interruptions.
- The continuous, uninterrupted operation of the Platform.
- The Member achieving any particular profits or results.
- The Member obtaining any specific number of Referrals or Members.
- The continued, permanent participation of any particular store in the Program.
Thirteenth / Limitation of Liability
Pursuant to these Terms and Conditions, the Member agrees to the following:
- The Company is not liable for any losses arising from misuse of the Platform or from technical malfunctions beyond its control, to the extent permitted by the applicable laws and regulations.
- The Partner Store bears liability for the goods and services it provides, and for their quality, safety, delivery, and warranties, unless such liability arises from an act or obligation attributable to the Company.
- The Company is not liable for any obligation pertaining to the store, except to the extent determined by the applicable laws and regulations or by the agreement between the Company and the Member.
- The Company bears no liability for the loss or theft of the Member's login credentials where this results from the Member's negligence or their disclosure of such credentials to a third party.
- No provision of this Article shall prejudice any liability that may not lawfully be excluded or limited.
Fourteenth / Force Majeure
The Company bears no liability for any disruption of services resulting from events beyond its control, such as natural disasters, government decisions, the interruption of telecommunications networks or technical services, or any other circumstances that the Company could not reasonably have prevented.
Fifteenth / Consent to Electronic Notices
By registering with the Company, you agree to receive notices by email, text message, or in-Platform notifications relating to your account, your transactions, or important updates to the Platform, in accordance with the applicable laws and regulations.
Sixteenth / Dispute Resolution
These Terms and Conditions are governed by the laws and regulations applicable in the Kingdom of Saudi Arabia, and in the event any disagreement or dispute arises regarding the interpretation or implementation of these Terms and Conditions between the Company and the Member, an amicable resolution shall first be sought within thirty (30) days from the date the objection or claim is submitted.
If an amicable resolution cannot be reached, the dispute shall be settled before the competent authority in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia, unless the two parties validly and bindingly agree to arbitration in accordance with the applicable laws and rules.
Seventeenth / Death
- If the Company becomes aware of the death of the Member, their membership shall be temporarily suspended, and the Points Balance and amounts due in their account shall be frozen, and the legal heirs shall be entitled to claim the Points Balance or the amounts due within a period not exceeding 12 months from the date of death, pursuant to the official documents, namely a death certificate - a deed of inheritance limitation - proof of identity of the legal representative, approved by the relevant authorities in the Kingdom of Saudi Arabia.
- Upon expiry of the specified period without a complete claim having been submitted, the membership and the remaining Points shall be dealt with in accordance with the applicable laws and regulations and the Company's approved policy.
- The Company bears no liability for disputes among the heirs, and the amounts due shall be delivered only to the heirs or to their legal representative, in accordance with the official documents.
- All of these Terms and Conditions relating to the Points and redemption policy shall apply to the heirs in the same manner as they applied to the Member prior to their death.
Eighteenth / General Provisions
- These Terms and Conditions do not create any partnership, agency, employment relationship, or commercial franchise between the Company and the Member.
- The Member shall not be deemed an employee or statutory representative of the Company, and shall have no authority to bind the Company to any undertaking, contract, or obligation towards any third party.
- The Company is entitled to amend and/or change these Terms and Conditions and/or the mechanism for distributing Points and Rewards, as it deems appropriate, and the Company undertakes to notify the Members 30 days prior to the effective date of the amendment or change. The Member's continued use of the Platform after the amendment shall be deemed acceptance by the Member of the new terms.
- Amendments that reduce the value of Points shall not apply to Points earned and approved prior to the effective date of the amendment, unless required by law or by a decision issued by a competent authority.
- The Company has the right to freeze or terminate the Platform at any time, subject to providing notices to the Members 30 days prior to the effective date of the freezing or termination of the Platform, unless exceptional or statutory circumstances prevent this. If the Platform is frozen or terminated, all Member Accounts shall correspondingly be frozen or terminated, with the Members enabled to access the Points due to them within the period determined by the Company, which period shall be no less than the period prescribed by law, if any.
- The Company is entitled to transfer or assign part or all of its rights and obligations set out in these Terms and Conditions to any third party, subject to compliance with the applicable laws and regulations and due regard for the Members' vested rights.
- The Member shall be solely responsible for any tax obligations legally arising against the Member as a result of redeeming Points for amounts or benefits.
- If any provision of these Terms becomes unenforceable or unlawful, this shall not affect the validity of the remaining provisions, to the extent permitted by law.
- The Company's failure to exercise any right granted to it under these Terms at any particular time shall not be deemed a final waiver of that right.
- The Arabic version of these Terms and Conditions is the approved and prevailing version, and no weight shall be given to any conflict or discrepancy in any translation into another language.
Acknowledgment and Consent
The Member acknowledges that they have read, understood, and agreed to these Terms and Conditions, and acknowledges that their electronic consent to the Terms and Conditions through the Platform shall be deemed a binding signature by them to everything set out therein, in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia.