STARBUCKS CARD TERMS & CONDITIONS

Starbucks Card Terms & Conditions

Last reviewed 20 November 2016

This Starbucks Card Agreement ("Agreement") is between you and Taste Food Franchising (Pty) Limited (“Starbucks”, "we" or "us") and describes the terms and conditions that apply to your Starbucks Card. By buying, loading or using your Starbucks Card, you agree to these terms.

You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Starbucks Card by electronic means, including posting such materials online at http://www.starbucks.co.za.

About Your Account

We issue the Starbucks Card to you. It allows you to load a monetary value onto your Starbucks Card for use at all Starbucks stores in South Africa. The monetary value that you load onto your Starbucks Card is a prepayment for the goods and services of participating stores. We offer the Starbucks Card to make it easier for you to shop with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the monetary value on your Starbucks Card is non-refundable and may not be redeemed for cash. Your Starbucks Card is not a debit/credit card , nor does it earn interest or dividends, and it furthermore does not fall within the definition of a “credit agreement” as defined in the National Credit Act No 34 of 2005.

Starbucks Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Starbucks Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

When you register your Starbucks Cards with the Starbucks Rewards® program, the Starbucks Rewards® terms of use will also apply and can be found at http://www.starbucks.co.za.

Loading Value on Your Card

You can load value on your Starbucks Card by visiting any Starbucks store in South Africa., going online to http://www.starbucks.co.za or via the Starbucks mobile application which you can download onto your mobile device (“Mobile Application”). There may be a delay from the time you pay the amount to be loaded onto your Starbucks Card and those funds being available for use.

You may not have more than R3000 in value on any of your Starbucks Cards at any time. A minimum amount of R50 is required to be loaded on a Starbucks Card at activation. We may change any of these amounts at any time without notice to you.

If you use a credit or debit card to purchase or reload your Starbucks Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction ("Transaction"). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or Starbucks may attempt to contact you for additional information prior to authorizing the Transaction amount.

For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this monetary amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfilment of your Transaction. If your Transaction is cancelled, Starbucks will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

All amounts loaded onto your Starbucks Card are denominated in South African Rands. Your bank or card provider may charge you a separate fee if you are using a credit or debit card or other accepted payment method to load your Starbucks Card, and Starbucks does not have any control over, any such fee.

To make reloading your Starbucks Card easier, you can use our online reload feature. By linking a payment method to your Starbucks account which you can access at http://www.starbucks.co.za, you can reload your Starbucks Card whenever you like. You can also reload your Starbucks Card in-store or via the Mobile Application.

Automatic reload is also available online through your Starbucks account or via the Mobile Application. You simply set the reload date or the balance at which you want to reload and provide us with payment information. We will send you an email confirming the automatic reload transaction terms and bill your credit card or debit card according to the schedule and amount you have selected. We will also send you an email after each reload purchase to let you know your Starbucks Card has been loaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect.

To stop the automatic reload feature, you must log-in to your Starbucks account at http://www.starbucks.co.za/card/rewards, or via the Mobile Application at least twenty-four (24) hours before the next scheduled reload. Once the monetary value is loaded, the Transaction cannot be reversed.

Starbucks Card eGifts

The Starbucks Card eGift program allows you to purchase and send a virtual Starbucks Card via email. You may choose Rand value (within certain limits) and complete your purchase using a credit card or debit card. You will need the email address for the recipient of your Starbucks Card eGift (also known as an "eGift" or "Starbucks eGift Card"). You may choose when to have your eGift delivered, either the same day, provided that your form of payment is approved, or at a future date via our website (www.starbucks.co.za). You authorise us to charge your account at the time you purchase your eGift regardless of the date you choose for delivery.

On the requested delivery date, we will send the recipient of your eGift an email notifying them that they have received an eGift from you. He or she will have the option of printing out the eGift and bringing it into a Starbucks store to make a purchase or loading it onto an existing Starbucks Card. The recipient will also have the option to register the eGift for use with Starbucks mobile application. You will be notified during purchase of the eGift confirming that the transaction was successful. An eGift is like any other Starbucks Card and should be treated like cash by the recipient.

Each eGift has a unique Starbucks Card number associated with it no matter how many times the email is printed out.

Promotional Programs

From time to time, we may, in our sole discretion, run promotional programs associated with the Starbucks Card program ("Promotions"). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.

Fees and Expiration of Card Balances

We do not charge any activation, service, dormancy or inactivity fees in connection with your Starbucks Card. Your Starbucks Card will expire three years from the last date of use.

Receipts and Transaction History

When you use your Starbucks Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a Starbucks Card and will provide the remaining balance of your Starbucks Card. Please check your online transaction history regularly to ensure that your transaction history and account balance are correct. You can check the balance of your Starbucks Card on your Starbucks Card in store at any time on request, online or via the Mobile Application. You will need to have your Starbucks Card available in order to access your account. The account balance for a Starbucks Card also will appear on your receipt from a point-of-sale register. We will not send you statements of activity on your Starbucks Card.

Billing Errors, Corrections

We will correct the balance of your Starbucks Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Starbucks Card, please do so in store. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review if we believe that an error has been made. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error.

Fraud Associated with Your Starbucks Card or Card Balance

We will not accept any Starbucks Card, or will limit use of any Starbucks Card or Starbucks Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Starbucks does not control who may sell preloaded Starbucks Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Starbucks has no liability to you for any third party fraud or unlawful activity associated with any Starbucks Card balance. If Starbucks discovers any Starbucks Card or Starbucks Card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Starbucks Cards and retain all related Starbucks Card balances without notice to you. We may use retained Starbucks Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Starbucks Cards.

Registration, Liability for Unauthorized Transactions

To register your Starbucks Card, please visit http://www.starbucks.co.za or download the Mobile Application. When registering for or purchasing a Starbucks Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Starbucks Card. If you believe your Starbucks Card has been disabled in error, please attend in store to report this. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Starbucks Card information. All of your Starbucks Cards can be activated and registered for use in your Starbucks Rewards® account, but you may only maintain one (1) such account at any time.

You should treat your Starbucks Card like cash and not disclose your Starbucks Card information to anyone. If your Starbucks Card or Starbucks Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your Starbucks Card, including unauthorized transactions. However, if your Starbucks Card is lost, stolen or destroyed, your Starbucks Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.

If your registered Starbucks Card becomes lost, stolen or damaged, contact us immediately at customerservice@starbucks.co.za or log into your account on http://www.starbucks.co.za. Your registered Starbucks Card balance is protected from the time you notify us. We will freeze the remaining balance on your Starbucks Card at the time you notify us and will load that remaining balance on a replacement Starbucks Card.

Privacy Statement

Please read Starbucks Privacy Policy at http://www.starbucks.co.za carefully to understand how Starbucks collects, uses and discloses information about customers, how to update or change your personal information and how we communicate with you.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website at http://www.starbucks.co.za, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Starbucks Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Starbucks Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Starbucks Cards and refund any remaining balance to you.

Cancellation of This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Starbucks Card including your failure to provide valid information. For example, transferring balances between different Starbucks Cards solely for the purpose of obtaining cash back is an unauthorized use of the Starbucks Card and if we deem it appropriate to limit our losses we will cancel any such Starbucks Card and retain any balances associated with those Starbucks Cards. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled Starbucks Card(s), less any amounts that you may owe us.

Governing Law – South Africa

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability

Starbucks and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Starbucks Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Starbucks does not represent or warrant that your Starbucks Cards will always be accessible or accepted.

In the event that Starbucks or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Starbucks Card. Starbucks and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Starbucks or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Starbucks Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

To the extent that the Consumer Protection Act No. 68 of 2008 (“the CPA”) does not allow limitations on implied warranties, or the exclusion or limitation of certain damages, the applicable provisions of the CPA shall apply and you may have rights granted in terms of the CPA in addition to those contained in this Agreement. In such event, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.

Entire Agreement, Construction

This Agreement (as read with the Starbucks Privacy Policy and the Starbucks Rewards® Terms & Conditions which can be viewed online at www.starbucks.co.za) is the complete and exclusive statement of agreement between you and Starbucks, and supersedes and merges all prior proposals and all other agreements governing your Starbucks Card. If any provision of this Agreement, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Inquiries or Questions

If you have any questions regarding this Agreement or your Starbucks Card, please visit our website at http://www.starbucks.co.za or contact us at customerservice@starbucks.co.za.