American Express membership rewards
Terms and conditions
Nedbank Limited (we) offers the American Express Membership Rewards® Programme to Nedbank clients (you).
These terms and conditions, our Privacy Notice, as well as any other Nedbank product terms and conditions, including those of our merchant partners, form the entire agreement between you and us. By participating in the programme, you acknowledge that you have read, understand, and agree to these terms and conditions. You also consent to our sharing certain of your personal information with our affiliates and merchant partners to offer this programme to you.
1. Definitions
1.1 American Express® |
A company operated under licence in South Africa by Nedbank Ltd Reg No 1951/000009/06. Licensed financial services and registered credit provider (NCRCP16). |
1.2 Membership Rewards Programme | programme |
The programme for which you have enrolled, in terms of which you will earn Membership Rewards points through eligible spend using your linked card. |
1.3 business card |
A card that we issue to a company or business, designated for use by a specific employee. |
1.4 card account |
A credit card and/or current account that we open in in the name of an accountholder. |
1.5 earn and spend partners [partner(s)] |
Institutions that we have contracted with to provide you with additional Membership Rewards points based on eligible spend in terms of the Membership Rewards Programme. |
1.6 earn rate |
The number of Membership Rewards points you will earn per unit of eligible spend. |
1.7 eligible spend |
All spend, excluding cash withdrawals, casino chip purchases, fuel purchases, finance or other card charges, fees or taxes levied by us or the government, purchases of traveller's cheques or other negotiable instruments, garage card transactions, budget account instalments and interest thereon, insurance premiums and electronic fund transfers or payments from your account. |
1.8 Membership Rewards account |
The account linked to your card account, which will reflect the number of Membership Rewards points accrued to you. |
1.9 Membership Rewards enrolment fee |
The fee that will be charged in the month that your first card account has been linked to the programme. |
1.10 Membership Rewards linkage fee |
The fee that will be charged monthly or annually in arrear on the anniversary date on which your first card account has been linked to the programme. |
1.11 Membership Rewards points or points |
The points you earn and spend in terms of the Membership Rewards Programme. We will determine the value of the points. |
1.13 personal card |
A card that we issue to an individual for personal use. |
1.16 we, us and our |
Nedbank Ltd Reg No 1951/000009/06. Licensed financial services provider (NCRCP16). |
1.17 you and your |
The accountholder. |
1.18 cardholder |
The person in whose name the card account has been opened. |
2. Introduction
2.1 We own, operate and manage the Membership Rewards Programme.
2.2 You can earn Membership Rewards points through eligible spend and use them to buy goods and/or services via the Nedbank Money app and Online Banking, at various merchants or at spend partners using your Membership Rewards Card.
2.3 The following form the entire agreement between you and us regarding your participation in the programme:
2.3.1 These terms and conditions.
2.3.2 Your Membership Rewards application form.
2.3.3 The disclaimer(s) and privacy policy on our website.
2.3.4 Any other terms and conditions related to the use of your card and the programme, including but not limited to the terms and conditions of our spend and earn partners.
2.4 By participating in the programme, you acknowledge that you have read, understand and agreed to the following:
2.4.1 These terms and conditions.
2.4.2 Any other terms and conditions.
2.4.3 The terms and conditions of our earn and spend partners that apply to the programme.
2.5 You also consent to our sharing certain of your personal information with affiliate parties in the ordinary course of our business.
3. Eligibility
3.1 You may participate in the programme if:
3.1.1 you have an eligible personal, business or corporate credit card (basic card); and
3.1.2 this account is in good standing, which means that it may not be in arrears or have been handed over for collection.
3.2 In respect of a corporate or business card, points earned will accrue to the company but, subject to any conditions prescribed by American Express, may be transferred to an individual cardholder.
3.3 No points will accrue on spend in respect of business travel accounts and corporate purchasing cards.
3.4 Participation in the programme will be at American Express’s sole discretion.
3.5 Supplementary cards will automatically be included in the programme. You can add up to 10 supplementary cards under 1 membership fee and earn points on all eligible spend.
3.6 Supplementary cards will not be linked independent of the basic card. All eligible spend on supplementary cards will be transferred to the basic card linked to the programme.
3.7 Eligible spend is all spend, excluding cash withdrawals, casino chip purchases, fuel purchases, finance or other card charges, fees or taxes levied by us or the government, purchases of traveller's cheques or other negotiable instruments, garage card transactions, budget account instalments and interest thereon, insurance premiums and electronic fund transfers or payments from your account.
3.8 To join the programme you have to enrol via our website, our call centre, the Nedbank Money app, or Online Banking.
4. Your Membership Rewards account
4.1 As a financial institution we have certain identification and authentication requirements, and your participation in the programme will be at our sole discretion.
4.2 Your Membership Rewards account may never have a debit balance, which means that you can never spend more points than what you have.
4.3 You can link up to 10 supplementary cards to your Membership Rewards account at no additional fee on condition that the card accounts are in your name.
4.4 You may not link a business card to a Membership Rewards account that is already linked to a personal card. A personal card can be linked to a business card earning points only once the business has given permission to cede the points to the personal cardholder.
5. Membership Rewards account statements
You can obtain your transaction listing by logging into the Nedbank Money app or Online Banking.
6. Earning Membership Rewards points
6.1 We may, at our sole discretion, determine the earn rate, which may change from time to time. We will notify you within a reasonable time of any changes.
6.2 You can earn points on certain promotions when you shop at an earn partner. From time to time, we may also reward you with points on your purchase of or interaction with specified products.
6.3 Your points will never expire, subject to clause 12.
6.4 Your points will be calculated and credited to your Membership Rewards account daily according to your eligible spend.
6.6 We decide which transactions will earn you points and how many points you will earn.
6.7 We reserve the right to debit your Membership Rewards account with the relevant points if a transaction is cancelled or reversed for any reason.
6.8 You will not earn any points while your card account is in arrears.
6.9 You will start accumulating points from the date on which your card is linked to a Membership Rewards account (enrolment date). Points will not be backdated.
6.10 You will accumulate points for eligible spend as defined in clause 3.7. However, you will not accumulate points for certain spend items, including but not limited to finance and administration charges, government levies, cash advances (including the purchase of casino chips, travellers cheques and other foreign exchange, ATM withdrawals and electronic transfers from your card account), the annual participation fee, service fees and other charges. American Express reserves the right to determine what spend is excluded and may include spend that was previously excluded at any time. American Express will not incur any liability should this be prejudicial to you.
6.11 American Express has the right to cancel or reverse any points that you have accumulated:
6.11.1 if, at its sole discretion, these points were credited to you in error and/or accumulated to you as a result of fraud and/or other ineligible expenditure; and
6.11.2 on spend for which you have not paid, or on refunds given on purchases.
6.12 If your card account is closed and/or your card is cancelled by you or American Express, or if you pass away and we have been notified of your death, we will transfer your points to your account linked to the programme.
6.13 You or American Express may cancel your participation in the programme at any time. If your participation in the programme has ended, you will forfeit all points.
6.14 If your card account has been in arrears for more than 30 days, American Express may suspend your participation in the programme and/or cancel all your points.
6.15 Only clients who are natural persons may transfer points between themselves. If points accrue to a business or corporate company and not to an individual cardholder, only the authorised representative of the company may redeem the points.
6.16 We will deduct any points that have not been deducted for any reason. If your Membership Rewards account shows a negative balance during a deduction, you will be liable to us. Any points you earn will then be used firstly to rectify your balance.
7. Fees and charges
7.1 American Express has the right to debit the card account of each linked card with an annual participation fee.
7.2 Fees will be charged in line with the annual pricing schedule, which is available at any branch or on our website at nedbank.co.za.
7.3 You confirm that you have read and understand the fees that apply to your account. If you do not understand the fees, please contact us so that we can explain them to you.
7.4 You must pay all fees when they become due to us.
7.5 We may, at our discretion, change these fees or the items that attract fees.
7.6 We will give you reasonable notice before fees or items that attract fees change.
7.7 No credit interest will be paid on your Membership Rewards account.
7.8 Fees and charges will be debited to your credit card account, and no fees, or any portion of them, are refundable.
7.9 We will not be responsible for the deduction of any tax in the case of points being offered to an employee of a business or corporate company.
7.10 We may also set off any amount that you owe us against your credit card account to rectify a negative balance on your Membership Rewards account.
7.11 Neither the annual participation fee nor any portion of it is refundable.
7.12 The following fees will be charged:
7.12.1 A once-off corporate card Membership Rewards enrolment fee will be charged in the first month when you link your card to the programme.
7.12.2 A Membership Rewards linkage fee will be charged monthly or annually in arrear after the enrolment.
7.12.3 Any taxes, surcharges, cancellation fees or any other charges related to a transaction arising from your participation in the programme.
7.12.4 Any amount relating to delivery charges that arise from any points that you may redeem.
7.13 We will, at our sole discretion, determine the amount of:
7.13.1 the once-off enrolment fee;
7.13.2 the annual or monthly linkage fee;
7.13.3 transfer fees;
7.13.4 the reopening fee;
7.13.5 any top-up fee; and
7.13.6 any other fee we may charge from time to time.
7.14 We will notify you of any changes to these fees.
8. Redeeming Membership Rewards points
8.1 The redemption rate of points for the different goods and/or services offered is set out on the Membership Rewards website, the Nedbank Money app and Online Banking.
8.2 A request to redeem points for a reward is irrevocable and cannot be cancelled or amended once the redemption request has been made.
8.4 A request to redeem points for a partner’s reward programme is irrevocable and cannot be cancelled or amended once the redemption request has been made.
8.5 We will not replace or refund any vouchers issued if the voucher is lost or misplaced or deleted.
8.6 The redemption of points for goods and/or services is always subject to the availability of the goods and/or services on the date you want to redeem the points.
8.7 Our partners’ prices may fluctuate, and we will confirm the value of your spendable points at redemption. Special campaigns will be communicated to from time to time.
8.9 Requests for redemption of points can be made online via the Nedbank Money app, Online Banking or by calling the Membership Rewards Call Centre on 0800 555 002. Requests for redemption of points by a business must be made by the authorised representative of the business.
8.10 By redeeming your points for a reward, you accept the following:
8.10.1 All risk and liability for the use of and/or participation in the reward.
8.10.2 The terms and conditions of the partners that apply to the reward at the time of redemption.
8.10.3 The terms on which the partners provide the services and/or goods.
8.10.4 You will have no claim against American Express for loss or damage that may occur because of your using and/or participating in the programme.
8.10.5 American Express is not an agent or representative of the partners and gives no warranty on their services and/or goods.
8.11 A dispute about the nature, quality or quantity of goods and/or services received as a reward must be settled directly with the partners.
8.12 Refunds will be credited to your Membership Rewards account on the following conditions:
8.12.1 Only if it is applicable and a merchant or supplier gives you a refund.
8.12.2 Only once we have received a properly issued credit voucher from the merchant or supplier.
8.13 Points that are transferred to your account (or to an account of which the information was supplied by you) via a partner cannot be reversed or recredited to your Membership Rewards account, and American Express will not be liable for any errors resulting from transfer instruction. It will always be your responsibility to correct an error with the applicable partner.
8.14 All rewards are offered subject to availability and may entail restrictions and exclusions.
8.15 American Express may, at its discretion, amend the number of points required for a reward.
8.16 Your Membership Rewards account may not have a negative balance.
8.17 After you have made a request to redeem your points, you cannot cancel or change the request.
8.18 If we allow you to redeem your points when your Membership Rewards account is in arrears, this must in no way be interpreted as our giving up our right to recover the points from you.
8.19 We reserve the right to change how you can redeem your points at our discretion, and we will notify you within a reasonable time if we do.
8.20 You can redeem your points via Online Banking or the Money app to:
8.20.1 add to your notice investment and MyPocket;
8.20.2 pay your monthly bank fees;
8.20.3 donate to a Nedbank Affinity or other worthy causes linked to us; or
8.20.4 buy prepaid products (airtime, data, and electricity) or vouchers (you can redeem your points for vouchers in your name only); and
8.20.5 buy foreign currency through our partner Tourvest.
8.21 If points accrue to a small business and not to an individual cardholder, only the authorised representative of that small business may redeem the points.
8.22 You can link your American Express Membership Rewards account to the Avo app and use your points to buy items on Avo.
8.23 You can spend points on your Membership Rewards Card at any store that accepts Amex Cards.
9. Your rights and obligations
9.1 You must comply with any terms of use, these terms and conditions, our disclaimer and privacy policy, which are all available on our website.
9.2 Our website will be the definitive source for updated information.
9.3 American Express has the right to:
9.3.1 amend or substitute the programme or any aspect of the programme by giving notice of 30 days; and/or
9.3.2 cancel the programme in its entirety by giving notice of 6 months. However, if there has been no programme activity within the preceding 12 months, American Express will not give notice.
9.4 Should any aspect of the programme change or end because of any act beyond American Express’s control, the affected aspect of the programme will change or end immediately. Such acts include a change in the price of rewards and a partner ending their participation in the programme.
10. Our rights and obligations
10.1 All conversations with you may be recorded, which recordings will form part of our records.
11. Liability and indemnity
11.1 We are committed to ensuring that online transactions are secure and we are entitled to investigate any loss suffered by you that is alleged to have occurred as a result of fraud via our website or call centre.
11.2 You must keep your password, PIN and Membership Rewards membership number confidential. If you have compromised this information, we will not be liable for any loss or damage suffered by you.
11.3 Although we carefully select our preferred spend partners, you will carry the risk for any fraud or loss that occur via our spend partners’ websites.
11.4 We will incur no liability if a dispute arises between you and a spend partner in respect of goods and/or services purchased. You acknowledge that none of the spend partners are our agents.
11.5 By redeeming your points you release us from all liability to you.
11.6 We will not be liable for any loss or damage suffered by you arising from our carrying out your instruction or from your participating in the programme, unless the loss or damage arises from our gross negligence or intentional misconduct.
11.7 If there is any loss of connectivity between you and us for any technical reason that is beyond our control, we will not be liable to you. This includes the unavailability of the programme.
11.8 We are not liable for any acts or omissions by third parties, including without limitation an internet service provider, a telephone provider or spend partner relating to the use of the programme.
11.9 We will not be liable for any consequential, incidental, special or direct loss or damage resulting directly or indirectly from these terms and conditions or your participation in the programme.
11.10 You indemnify us against any claims by third parties or losses suffered by you arising from your participation in the programme.
11.11 The websites of our spend partners may be linked to our website, in which case we cannot control or make any representation with regard to the legal content of those websites. We will, therefore, not be liable for the information provided on these websites.
11.12 We do not warrant, endorse or make any representations about the contents, product, service or reliability of any third party’s business or security practices and operations.
12. Cancellation or termination
12.1 By giving you a notice in writing, we may end or cancel your participation in the programme at any time for any reason, in which case you will have 30 days to spend your points, unless your points were forfeited because your Membership Rewards account became dormant or we believed your behaviour was inappropriate or constituted misconduct, or because you breached these or any other terms and conditions relevant to the programme.
12.2 Ending your participation in the programme will not affect any instruction given to us not yet carried out, unless a fraudulent transaction was concluded directly or indirectly by you, in which case you will forfeit your points immediately.
12.3 We will not be liable for any damage suffered by you or any third party due to the termination of your participation in the programme.
12.4 You may end your participation in the programme by calling us on 0800 555 002, in which case you will forfeit all your points immediately.
12.5 If you close your card account and this is the last card account linked to your Membership Rewards account, we will close your Membership Rewards account, and you will forfeit all your points immediately.
12.6 If your account linked to the programme is closed because of it being dormant, we will give you reasonable notice that we will close your Membership Rewards account. You will then have 30 days from the date of our notice to you to redeem your Membership Rewards points. If you do not redeem them within this time, you will forfeit your points and will have no claim against us.
13. Intellectual property
All intellectual property is owned by or licensed to us, and you may not use it without our prior written consent.
14. Complaints and disputes
14.1 If you have a dispute or complaint regarding your account, you can contact our Client Complaints Helpline on 0860 444 000 or email us at clientfeedback@nedbank.co.za. You will need to give us a written statement setting out the dispute or complaint. We will then investigate your dispute or complaint within a reasonable time, keep you informed during the investigation, and give you a final written response.
14.2 If your dispute or complaint remains unresolved or you are dissatisfied with the outcome, please email us at complaintappeals@nedbank.co.za.
14.3 You also have the right to contact the National Financial Ombudsman and/or the Financial Sector Conduct Authority and/or the National Consumer Tribunal at any time using the details below.
National Financial Ombudsman (NFO)
Tel: 0860 800 900 WhatsApp: +27 66 473 0157 Email: info@nfosa.co.za Physical address: Johannesburg Ground Floor Cape Town 6th Floor |
Financial Sector Conduct Authority
Tel: +27 12 428 8000 +27 12 428 8012 +27 80 020 2087 +27 80 011 0443 Fax: +27 12 347 0221 Email: info@fsca.co.za Physical address: Postal address: |
National Consumer Tribunal
Tel: +27 10 006 0484 Fax: +27 12 663 5693 Email: registry@nct.org.za Physical address: |
15. Notices and serving of documents
15.1 The physical or email address that you gave us in your application, or the most recent address given to us in writing, is the address you choose as your domicilium citandi et executandi where we can deliver legal notices to you.
15.2 Either party may change their physical or email address by notifying the other party via email. The email address to which you may send a change of address notification can be obtained from a branch or via the Nedbank Call Centre. The change of address will be effective on the fifth business day after receipt of the email.
15.3 A notice, order or other document will have been properly served when it has been sent by email or have been hand delivered to that party.
15.4 If you have not informed us of a change of your email or physical address, we will continue to use the last address given, even though the information may be incorrect.
15.5 You must send any legal notices to our domicilium citandi et executandi as follows:
Group Legal Counsel | Nedbank Group Legal | Nedbank 135 Rivonia Campus
135 Rivonia Road | Sandown | Sandton | 2196
15.6 Unless the contrary is proven, any legal notice:
15.6.1 sent by email to the chosen email address will be considered received on the date it was sent; and
15.6.2 delivered by hand will be considered received on the date of delivery, provided it was delivered to a responsible person during ordinary business hours.
15.7 If the date of delivery falls on a weekend or public holiday, the legal notice will be considered received on the next business day.
15.8 Any document received by a party will be adequate written notice or communication to that party, even though it may not have been sent to or delivered at the chosen address.
15.9 It is your responsibility to notify us of any changes to your address and contact details.
16. Electronic Communications and Transactions Act
16.1 In terms of chapter 3 of the Electronic Communications and Transactions Act, 25 of 2002, by visiting our website or communicating with us electronically, you acknowledge that all agreements, notices, disclosures, and other communication we send adhere to any legal requirement, including the requirement that the communication should be in writing.
16.2 Any other communication to you may be sent via the communication method that you chose according to the application form, and you can update this method at any time.
17. General
17.1 Where Membership Rewards points are transferred or ceded to a corporate or business, it will be the responsibility of the corporate or business to notify American Express in writing and on an official letterhead to our domicilium citandi et executandi and authorised representative as follows:
Group Legal Counsel
Nedbank Group Legal
Nedbank 135 Rivonia Campus
135 Rivonia Road
Sandown
Sandton
2196.
17.2 American Express will not be responsible for any loss that the corporate or business may suffer as a result of any act of the authorised representative or any person purporting to be the authorised representative. The authority granted to an authorised representative will remain effective until American Express is notified of the termination of the authority. Any request to American Express given by an authorised representative may not be cancelled.
17.3 These additional terms and conditions, as amended or substituted by American Express from time to time, must be read together with the relevant terms and conditions of issue and use of American Express Cards, form the whole agreement between American Express and you in connection with the programme, your card account and the use of the card.
17.4 Apart from the fact that it is possible to link an instruction to a specific account, it is not possible to verify the actual originator, and you therefore authorise us to act on any instruction purporting to originate from you, even if it transpires that both you and us have been defrauded by someone else, unless you have informed us to the contrary prior to us actioning a transaction.
17.5 No failure, delay, relaxation or indulgence on our part in exercising any power or right conferred on us under these terms and conditions will operate as a waiver of such power or right, nor will such failure, delay, relaxation or indulgence be deemed to be part of any of these terms and conditions.
17.6 You may not cede, delegate or otherwise transfer any rights or obligations arising from these terms and conditions without our prior approval, which approval will be given at our sole discretion.
17.7 If any of these terms and conditions are found to be invalid or unenforceable, those terms and conditions will be severable from the remaining terms and conditions, which will remain of full force and effect, and we will be entitled to vary and update all terms and conditions related to the programme.
17.8 Each time you use the programme, the version of the terms and conditions current at that time will apply to that transaction.
17.9 American Express® is a registered trademark of American Express. American Express Cards is operated under licence in South Africa by Nedbank Ltd Reg No 1951/000009/06, authorised financial services and registered credit provider (NCRCP16).