Engen Xtreme

Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully. The Terms set out below govern participation in the Engen Xtreme Rewards Programme (“Programme”) operated by Engen Petroleum (Pty) Limited, a subsidiary of Vivo Energy Limited (“Engen”). These Terms must be read together with the Programme Rules, which are incorporated herein by reference and are available at https://engenxtreme.co.za/.

In the event of any conflict or inconsistency between these Terms and the Programme Rules, these Terms shall prevail to the extent of the inconsistency. If you do not agree to be bound by any or all of these Terms, please do not register for or participate in the Programme. By registering as a Member, you will be deemed to have accepted all of these Terms.

THIS PROGRAMME IS SUBJECT TO THE CONSUMER PROTECTION ACT 68 OF 2008 (“CPA”) AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (“POPIA”). THESE TERMS MUST BE READ TOGETHER WITH ANY OTHER APPLICABLE LEGISLATION.

1. The Programme

The Programme is a loyalty rewards programme operated by Engen that allows registered members to earn points on qualifying purchases of Engen Xtreme lubricant products and to redeem those points for vouchers, subject to these Terms and the Programme Rules.

The Programme is administered and operated on behalf of Engen by Eighty20 Consulting Pty (Ltd) (“Programme Operator”). All interactions with the Programme, including registration, receipt submission, points enquiries and voucher redemption, are conducted via the official Programme WhatsApp chatbot, accessible at this link.

2. Eligibility

2.1. The Programme is open to natural persons who are 18 (eighteen) years of age or older and who are ordinarily resident in the Republic of South Africa at the time of registration (“Eligible Participants”).

2.2. The Programme is not open to the directors, members, business partners, employees and/or staff of Engen or its holding company, or the Programme Operator, or their respective sales agents, advertising agencies, advisors, consultants, associated companies and their employees, and the immediate family members of the aforesaid persons (including, but not limited to, spouses, life partners, parents, children, brothers and sisters). The individuals and entities contemplated in this clause shall be referred to collectively as “Excluded Participants”.

3. Registration and Membership

3.1. Registration for the Programme is free of charge. To register, an Eligible Participant must access the official Programme WhatsApp chatbot and complete the registration process in accordance with the prompts provided.

3.2. Upon successful registration, a member account (“Member Account”) will be created and the Eligible Participant will become a member of the Programme (“Member”). Each Eligible Participant may hold only one Member Account. The creation of duplicate accounts is prohibited and may result in the forfeiture of all points accumulated across all associated accounts and the termination of membership.

3.3. Members may cancel their membership at any time by contacting the Programme Operator via the WhatsApp chatbot or by contacting Engen at the details set out in clause 16 below. Upon cancellation, all unused points will immediately expire. Vouchers already issued to the Member at the time of cancellation will remain valid until their stated expiry date.

4. Qualifying Products and Purchases

4.1. Points may be earned on qualifying purchases of the following Engen Xtreme lubricant products (“Qualifying Products”):

a) Engen Xtreme S15: 50 points per litre purchased; b) Engen Xtreme S10: 20 points per litre purchased; and c) Engen Xtreme S8: 10 points per litre purchased.

4.2. The Programme is available to eligible Members who purchase Qualifying Products from participating retailers. The Programme will initially be available at Midas stores (Phase 1). Engen reserves the right to extend the Programme to additional retailers at any time, subject to notice to Members via the WhatsApp Platform or such other means as Engen may determine. A current list of participating retailers is available on request from Engen.

4.3. Online purchases and purchases supported only by invoices (as opposed to point-of-sale till receipts) do not qualify for points earning.

5. Earning of Points

5.1. Members earn points on Qualifying Products at the rates set out in clause 4.1 above.

5.2. Points earning is subject to a cap of R500 (five hundred rand) in points value per Member per calendar month. For the avoidance of doubt, this means that a Member may not earn more than 5000 (five thousand) points in any given calendar month, regardless of the number or value of qualifying purchases made during that month.

5.3. For the first two (2) calendar months following the date of a Member’s successful registration, the Member will earn double points on all qualifying purchases (“Launch Promotion”). The Launch Promotion will apply automatically to all qualifying purchases submitted during the relevant period and will expire automatically at midnight on the last day of the second calendar month following registration. The monthly points cap set out in clause 5.2 above applies to the doubled rate during the Launch Promotion period.

5.4. Points are allocated upon successful receipt validation and verification in accordance with clause 6 below. Engen reserves the right to withhold, reverse or adjust points where transactions are found to be invalid, fraudulent, or non-compliant with these Terms or the Programme Rules.

6. Receipt Submission and Verification

6.1. To earn points on a qualifying purchase, a Member must submit a photograph of the till receipt for that purchase via the official Programme WhatsApp chatbot, in accordance with the prompts provided, within 30 (thirty) days of the date of the qualifying purchase.

6.2. For a till receipt to be considered valid for points earning, it must:

a) reflect the name of the store or retailer at which the purchase was made; b) reflect a timestamp (date and time) of the transaction; c) reflect the total amount of the transaction; d) contain a clear and unambiguous reference to the specific Engen Xtreme Qualifying Product(s) purchased, by product name; and e) not be altered, defaced, edited or tampered with in any way.

6.3. Receipt verification is conducted by means of an automated AI-driven verification process. Members acknowledge that while every reasonable effort is made to ensure accuracy, AI-based verification is subject to error and that Engen’s determination in respect of the validity of any submission is final and binding, subject to the dispute process set out in clause 14 below. Engen reserves the right to conduct manual verification of any submission at any time.

6.4. Only one submission per till receipt will be accepted. The submission of the same till receipt on more than one occasion, whether by the same Member or different Members, will result in the disqualification of all such submissions and may result in the forfeiture of points and termination of membership.

7. Points Allocation and Expiry

7.1. Points are allocated to a Member’s Account upon successful completion of the verification process described in clause 6 above. The allocation of points is not immediate and is subject to the verification process.

7.2. Unused points will expire 12 (twelve) months after the date on which they were earned. Points expire on a first-in-first-out basis. Expired points cannot be reinstated under any circumstances.

7.3. All accumulated points will immediately expire upon cancellation or termination of a Member’s membership, for whatever reason. Vouchers already issued at the time of cancellation or termination will remain valid until their stated expiry date.

8. Redemption of Points and Vouchers

8.1. Members may redeem accumulated points for vouchers by initiating the redemption process via the official Programme WhatsApp chatbot, in accordance with the prescribed process. The redemption value of points is as follows: 10 (ten) points are equivalent to R1.00 (one rand).

8.2. Vouchers issued through the Programme are valid for 30 (thirty) days from the date of issue. Vouchers that are not redeemed within their validity period will expire automatically and cannot be reinstated.

8.3. Vouchers are redeemable at participating retailers as communicated from time to time via the Programme WhatsApp chatbot. Engen does not guarantee the continued participation of any particular retailer and reserves the right to update the list of participating retailers at any time on reasonable notice to Members.

8.4. Vouchers are not transferable, may not be exchanged for cash, and may not be combined with any other promotion or discount unless otherwise expressly stated. Lost, stolen, expired or damaged vouchers will not be replaced.

8.5. Vouchers can only be used once and any unused balance will be forfeited.

9. WhatsApp and Digital Channel

9.1. The Programme operates via the official WhatsApp chatbot (available here). By registering for and participating in the Programme, Members acknowledge and agree that the WhatsApp platform is owned and operated by Meta Platforms, Inc. and is in no way associated with or affiliated with the Programme or Engen. Engen is not responsible for any downtime, technical error, service interruption, malfunction or unavailability of the WhatsApp platform or the Programme chatbot, howsoever caused.

9.2. Members are responsible for any data costs incurred in accessing the WhatsApp chatbot or submitting receipts. Engen will not reimburse any data costs.

9.3. Where personal information is submitted via the WhatsApp platform, Members acknowledge that WhatsApp’s own terms of service and privacy policy will apply to the transmission of such data. Engen is not responsible for the manner in which WhatsApp or Meta Platforms, Inc. processes personal information transmitted through their platform.

10. Protection of Personal Information (POPIA)

10.1. Engen is committed to processing Members’ personal information in accordance with POPIA and Engen’s Privacy Policy, which is available at https://www.engen.co.za/services/privacy-notice.

10.2. By registering for the Programme, each Member authorises Engen, or a person duly authorised by Engen, to collect, store and process their personal information for the following purposes:

a) registering the Member and administering the Member Account; b) verifying the eligibility of Members and the validity of receipt submissions; c) allocating and managing points and issuing vouchers; d) communicating with Members regarding the Programme and the status of their account; and e) for direct marketing purposes, subject to the Member’s right to opt out at any time by contacting Engen at the details set out in clause 16 below.

10.3. The Programme is administered on behalf of Engen by the Programme Operator. Engen will share Members’ personal information with the Programme Operator to the extent necessary to administer the Programme. The Programme Operator is bound by confidentiality and data protection obligations in accordance with POPIA.

10.4. Members may, at any time, request access to, correction or deletion of their personal information held by Engen, free of charge, by contacting the Information Officer at lu***********@********gy.com. For further information, please refer to the Promoter’s Privacy Policy at https://www.engen.co.za/services/privacy-notice.

11. Tax

Engen makes no representation as to whether the receipt of vouchers or rewards under the Programme gives rise to any tax liability on the part of a Member. To the extent that any tax liability arises in connection with the receipt of vouchers or rewards, including but not limited to income tax, such liability shall be for the Member’s own account. Members are advised to seek independent tax advice if required.

12. Fraud and Abuse

12.1. Any attempt to manipulate or abuse the Programme, including but not limited to the submission of fraudulent, altered or duplicate receipts, the manipulation of the WhatsApp chatbot or verification process, the creation of duplicate Member Accounts, or any other dishonest conduct, will result in the immediate forfeiture of all accumulated points, the cancellation of any issued vouchers, and the permanent termination of the Member’s membership. Engen reserves the right to refer any suspected fraudulent conduct to the relevant law enforcement authorities.

12.2. Engen reserves the right to verify the validity of any submission or transaction at any time, including by contacting the retailer at which the qualifying purchase was purportedly made.

13. Suspension, Amendment and Termination of the Programme

13.1. Engen reserves the right to suspend, amend or terminate the Programme at any time on 30 days’ written notice to Members, communicated via the Programme WhatsApp chatbot.

13.2. In the event of termination of the Programme, Members will be given a reasonable period of not less than 30 days from the date of the termination notice to redeem any accumulated points for vouchers, after which such points will expire.

13.3. Any material amendments to these Terms will be communicated to Members via the Programme WhatsApp chatbot and will take effect 30 (thirty) days after the date of communication, unless a longer period is required by applicable law. Members who do not accept the amended Terms may cancel their membership in accordance with clause 3.3 above before the amended Terms take effect.

14. Dispute Resolution

14.1. Any dispute arising in connection with the Programme, including in respect of the validity of a receipt submission, the allocation of points, or the issuance or redemption of vouchers, must be referred to Engen in writing at the contact details set out in clause 16 below within 30 days’ of the event giving rise to the dispute.

14.2. Engen’s determination in respect of all matters relating to the Programme is final and binding, subject to the rights of Members under the CPA and applicable law. Members may refer any complaint relating to the Programme to the National Consumer Commission or approach a court of competent jurisdiction in the Republic of South Africa.

15. Limitation of Liability

15.1. Engen, its employees, agents, affiliated companies and subsidiaries shall not be liable for any loss, damage, injury or harm suffered by any Member arising directly or indirectly from participation in the Programme, the earning or redemption of points, the acceptance, possession or use of any voucher, or the acts or omissions of any third-party retailer or service provider, save where such liability arises from Engen’s gross negligence or wilful misconduct.

15.2. Engen shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond Engen’s reasonable control, including acts of God, government action, labour disputes, failure of third-party service providers, or unavailability of the WhatsApp platform.

16. Vivo Energy and Engen Group Policies

16.1. The Programme is conducted in accordance with the Vivo Energy Group’s General Business Principles, Code of Conduct, Anti-Bribery and Anti-Corruption Policy, and Competition Law Compliance Policy, all of which are available at www.vivoenergy.com/en/about-us/our-policies. The offering, giving, receiving or soliciting of any undue advantage in connection with the Programme is strictly prohibited. Any suspected impropriety must be reported to Engen immediately.

16.2. Engen reserves the right to terminate the membership of any Member who, in Engen’s reasonable opinion, has engaged in conduct that is unlawful, unethical or contrary to the spirit of the Programme or the Vivo Energy Group’s values.

17. Consumer Protection Act Compliance

The Programme is subject to the provisions of the CPA. In the event of any conflict between these Terms and the CPA, the CPA shall prevail. Members are entitled to rely on the rights afforded to them under the CPA. Engen has taken reasonable steps to ensure that the Programme is conducted in a manner that is fair, transparent and consistent with the requirements of the CPA.

18. Governing Law

These Terms and any dispute arising from or in connection with the Programme will be governed by and construed in accordance with the laws of the Republic of South Africa. In the event of any dispute, Members shall be entitled to approach the relevant consumer tribunal or court of competent jurisdiction in the Republic of South Africa.

19. How to Contact Engen

For any queries relating to the Programme, please contact Engen’s Customer Service Centre on 086 003 6436 during operating hours: Mondays to Fridays, 07:00 to 17:00, excluding Public Holidays. Alternatively, please email on************@******il.com.

© Engen Petroleum (Pty) Limited / Vivo Energy Limited. All rights reserved.