Terms & Conditions

SUMMARY OF THE IMPORTANT TERMS AND CONDITIONS

This is a summary of the Programme and the Terms which follow comprise the agreement concluded between Bayer and the Member in respect of the Programme. The Terms prevail if there is a conflict between this summary and the Terms.

Words below which begin with a capital letter have the meaning given to them in the Terms.

1. Pilot Project: – The Programme is initially a pilot project. If you have any queries, concerns, problems, or questions, please contact us on dewet@bayer.com or phone us on +27 60 976 7473. Your help to make this Programme a success is appreciated.
2. Duration: – The Programme will run from 1 January 2024 to 31 July 2025. Thereafter any Reward [or Vouchers] not redeemed by the Member will automatically expire.
3. Nature of the Programme:- Eligible Farmers (see clause 3 of the Terms) who register for the Programme (see clause 4 of the Terms) can earn Points by making nominated purchases from Bayer or appointed Distributors (see clauses 5,6 and 7 of the Terms). These Points (earned in the form of a Voucher) can be used to obtain a Reward which can be redeemed from a Reward Provider (see clauses 8 and 9 of the Terms).

4. Reward offered: – Details of the Reward offered can be found on bayer-rewards.co.za and included in Annex A of the Terms.

5. Steps required to participate in the program and receive a Reward – these are contained in clauses [3]to [9] of the Terms and include: –
   1. registering for the Programme as a Member if eligible;
   2. registering their qualifying invoices on the Bayer site;
   3. redeeming Points by requisitioning a Voucher from Bayer (different Vouchers are issued for a different Reward); and
   4. using the Bayer Voucher to purchase the relevant Reward.

6. Details of the Reward Providers – these can be found on bayer-rewards.co.za and included in Annex A of the Terms.

7. Limitations of Bayer’s liability – refer to clause 14 of the Terms.

 

Standard Terms and Conditions to the Bayer Reward Programme

The Bayer Reward Program (“Programme”) is offered by Bayer (Pty) Ltd, (reg no: 1968/011192/07) (individually and collectively “Bayer”, “we”, “us” or “our”).

By joining the Programme and becoming a Programme member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understand, and agree to be bound by these Programme Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make.

These Terms constitute a binding contract between Bayer and the Member, which contract commences when you have been registered as such under clause 4 hereof, and you are obliged to review these Terms and the related policies frequently to keep abreast of the terms and conditions that may apply to the Programme as they may change from time to time.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Programme, you also agree to be bound by our website’s Privacy Policy (https://www.cropscience.bayer.africa/za/en-za/privacy-statement.html) and our website ‘s Terms and Conditions (https://bayer-rewards.co.za/terms-conditions/) which are incorporated herein by reference.

If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program.

Definitions

In these terms and conditions:

• ‘Earn Rate’ means the number of Membership Reward Points you will earn per unit of eligible spend, as specified by us from time to time;
• ‘Membership Reward Account’ means the account linked to your profile, which will reflect the number of Membership Points and associated Reward accrued to you;
• ‘Points’ means the membership Reward Points earned and spent by you in accordance with the Programme, the value of which will be determined by us from time to time, and which Points may be redeemed for a Reward.
• “Products” refers to Bayer products that qualify as qualifying or nominated purchases eligible for earning rewards or points.
• ‘Reward’ means eligible products and/or services offered by the Reward Provider(s) based on the Points earned by you under the Programme.
• ‘Reward Catalogue’ means the list of Reward Providers and their eligible products and/or services available under the Programme.
• ‘Reward Provider’ means an institution with whom we have contracted to provide you with products and/or services on the Programme.
• ‘Reward Programme’ means the Programme in terms of which Members are rewarded by Bayer with Points which are accumulated in the account of the Member for the purpose of making redemption of products and/or services from Reward Providers;
• ‘Voucher’ means a redeemable electronic document issued to a Member as a Reward. Vouchers entitle Members to free products or services and can be redeemed at the Reward Provider’s outlet(s).
• ‘we’, ‘us’ and ‘our’ mean Bayer (Pty) Ltd (Reg No 1968/011192/07), a company incorporated in terms of the laws of the Republic of South Africa, with principal place of business 27 Wrench Road, Isando; and
• ‘you’ and ‘your’ mean the farmer and Member of the Programme.

 

2. Programme Duration

The programme will run from 1 January 2024 to 31 July 2025.

 

3. Eligibility to Participate

The Programme is initially only available to qualifying farmers in the Republic of South Africa. To be eligible for the Programme, you must:

• Conduct farming activities within the borders of the Republic of South Africa;
• Operate an entity registered for Value-Added Tax (VAT) as defined under the Value-Added Tax Act, Act 89 of 1991;
• Members must own or lease land for which a purchase under clause 5 is made; and
• Members must have purchased a minimum of R6,000,000.00 (six million Rand) of DEKALB® seed by 29 February 2024.

4. Programme Registration
   • Eligible Members may register in the Programme by visiting bayer-reward.co.za (collectively, the “Site”) and following the Programme prompts to register for the Programme.
   • You are required to provide your VAT number or that of your company in order to enrol in the Programme. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and Reward(s). You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
   • Only one Programme account may be associated with a single VAT number. In the event of a dispute over ownership of the Programme membership account, the Member will be deemed to be the authorised account holder of the VAT registration number submitted at the time of enrolment. For purposes of these Terms, the “authorised account holder” is the natural person ie. director/ managing member who is authorised to act on behalf of the entity, to which the VAT number has been assigned.

5. Earning Points
   • Members can earn Points by making nominated purchases from Bayer or through its duly appointed Distributors, (“Distributor”).
   • Purchases made for use on unidentified or non-related farming entities do not qualify for Points and these Points cannot be consolidated to increase a Reward on the Programme.
   • Bayer reserves the final decision, in its absolute discretion, on whether purchases and/or invoices are for valid Members.
   • The Earning Rate and the conditions for earning Points may be subject to change. Notice of such changes will be made in accordance with clause 13.
   • Points cannot be exchanged for cash and are not transferable. Points may not be sold, issued, exchanged, ceded, assigned, or bartered.
   • In addition to the accrual of Points for the qualifying purchase outlined in clause 4, Members can earn additional Points by making nominated purchases from Distributors of the available Bayer maize crop protection products and all DEKALB® maize products in the Bayer Maize Product Portfolio:
     • DEKALB® seed invoices dated for the period 1 January 2024 – 31 December 2024 will be considered valid to submit for the Programme.
     • Members earn Points by making purchases from Distributors of the following selected Bayer maize crop protection products:

Product Name

Ballista

Bullet

Decis Forte

Guardian

Harness Xtra

Laudis

Nativo

RoundUp Powermax

RoundUp Turbo

Velum 1 GR

Zantara

• Only Distributor invoices dated for the period 1 May 2024 – 31 December 2024 will be considered valid to submit for the Programme.

6. Point Earning Criteria
   • Programme Points are assigned upon the submission of a valid DEKALB® seed invoice and/or Distributor’s crop protection invoice on the Site: bayer-reward.co.za.
   • Points will initially appear as “pending Points”.
   • Only once payment is settled in full for a respective DEKALB purchase, the Points accrued from such seed purchases will transition from “pending Points” to “available Points”.
   • Crop protection Points on qualifying Products will shift from “pending Points” to “available Points” status upon verification, confirming the alignment of the invoice, the selected Product and volume on the Programme.
   • All invoices and submissions will be verified through a third party.
   • Invoices on both seed and crop protection Products will require the Member’s registered VAT number which corresponds with the Member’s VAT details on their Membership Reward Account as registered on the Site in order to be able to redeem these invoices for Points.

7. Point Allocation Criteria
   • In respect of the DEKALB® seed purchases, the Points are awarded per Rand spend based on the final total net invoice value.
   • In respect of crop protection purchases, the Points are awarded based on the volume per qualifying Products registered on maize seed, as follows:

   Product Name	Points per litre/kg
   Ballista 5l	4
   Bullet 15l	6
   Bullet 1l	7
   Decis Forte 1l	20
   Guardian 25l	8
   Harness Xtra 25l	6
   Laudis 900ml	67
   Nativo 5l	21
   RoundUp Powermax 20l	4
   RoundUp Powermax 1l	4
   RoundUp Powermax 640l	4
   RoundUp Turbo 20l	3
   RoundUp Turbo 640l	3
   Velum 1 GR 15kg	3
   Zantara 15l	21

   • We reserve the right to debit your Membership Reward Account with the relevant Points if a transaction is cancelled or reversed for any reason, whether by a Distributor or otherwise.

8. Point Redemption
   • Points may be redeemed for a Reward as outlined in these Terms.
   • A Reward is subject to availability and may change over time, subject to clause 13.
   • Bayer reserves the right to modify or discontinue any Points, Reward or the entire Programme subject to clause 13.
   • Members will be required to log into their account on the Site to confirm the accuracy of their (pending or available) Reward and Points by no later than the 30 April 2025.
   • Members will be required to select their Reward on the Site on or before, but no later than the 31 July 2025.
   • The Reward Catalogue is where Members can redeem the accumulated available Points for the different products and services offered by Reward Providers as set out on the Site.
   • Members will be responsible to notify the Bayer Programme support team on dewet@bayer.com to correct any errors on the account within 30 days. Bayer reserves the right to reject any changes requested after this date.

9. Reward Redemption
   • Members will receive an electronic Voucher once they have made a selection of the Reward from the Reward Catalogue on the Site.
   • An electronic Voucher will be sent to the Member via email as an attachment from dewet@bayer.com.
   • Should the Member not receive an email within 48 hours of the Member selecting a Reward, it is the responsibility of the Member to notify the Programme support team on +27 60 976 7473 or email dewet@bayer.com . Bayer will not be responsible for a Member not following up if the Voucher is not received within 48hrs of the Member making the Reward selection.
   • Members may be eligible for a partial Reward and will receive a corresponding Voucher accordingly. Any remaining balance not covered by the Voucher for the Service Provider’s products and/or services must be self-funded by the Member. The Reward Voucher cannot be exchanged for cash and is non-transferrable.
   • A Reward Voucher is irrevocable and cannot be cancelled or amended once the redemption request has been made.
   • We will not replace or refund any Reward Vouchers issued in the event that the Voucher is lost or mislaid or deleted.
   • Our Reward Providers’ prices, goods and/or services may fluctuate from time to time.
   • Any dispute in respect of the nature, quality or quantity of products or services received as a Reward has to be settled between you and the Reward Provider directly.
   • Rewards are not refundable, may not be exchanged for cash or credit and may not be reconverted into Points even if Reward have not been utilised or have expired.
   • It will always be your responsibility to correct any error with the concerned redemption requests or Reward.
   • Bayer may at its discretion and from time to time amend the number of Points required for a Reward, subject to clause 13.

10. Reward Expiry

The programme will expire on 31 July 2025. Thereafter any Points and Reward not redeemed by the Member will automatically expire.

11. Voucher Usage and Limitations
    • Any exchange or sale of products or services earned as a Reward by a Member on the Programme is strictly prohibited.
    • Vouchers cannot be returned if Bayer has been invoiced by the Reward Provider for that Voucher or if the service has been delivered or partly delivered by the Reward Provider.
    • Ancillary and/ or additional and/ or consequential costs of the redeemed product or service with the Reward Provider will remain the responsibility of the Member.

12. Termination and Penalties
    • Bayer may end Member participation in the Programme, on reasonable notice to the member, in the instance that:
      • Bayer has found that the Member’s behaviour was inappropriate, constituted misconduct and/or is considered an abuse of the Programme;
      • Bayer believes it necessary to end the Member participation as aforesaid based on our endeavours to stop or prevent any criminal activities including money laundering or where South African and international laws, rules, regulations, restrictions and policies (“the laws”) require us to do so.
      • The Member fails to assist Bayer to comply with the laws by failing or refusing to provide us with all the information and documents we may require or that the Member submits false information or documentation.
      • The Member has breached these, or any other, terms and conditions relevant to the Programme; or a fraudulent transaction was conducted directly or indirectly by the Member.

In any of the circumstances envisaged in clauses 12.1.1 to clause 12.1.4 (inclusive), Bayer reserves the right and without prejudice to any of its other rights and remedies in terms of these Terms and in law, to be exercised in its sole discretion to immediately terminate the Member’s participation in the Programme. Bayer may reverse or cancel any transaction relating to the aforementioned conduct (whether before or after receiving the termination notice) and hold the Member liable for any value which the Member has received in terms of such conduct.

• All transactions believed to be fraudulent, inappropriate, constitute misconduct or considered as an abuse of the Programme, as determined by Bayer in its sole discretion, will be excluded for the purposes of determining your qualifying purchases.
• Once the Member has been notified of termination from participation in the Programme:
  • The Member will forfeit all all Points at the time of termination including any future Points which may have accrued to the Member after the date of termination had it not been for such termination;
  • The Member will no longer be entitled to any Reward, benefits or services from the Programme from the date on which notice was given of termination; and
  • The Member will be permanently disqualified from accessing the Programme or entitled to re-join the Programme, unless Bayer has approved thereof in writing.
  • Any re-joining without Bayer’s written approval may, in its sole discretion, be declared null and void.
• The Member may end its participation in the Programme on 30 (thirty) days prior written notice to Bayer, and during this

notice period the Member may either redeem the Points, failing which any Points will be forfeited.

• In the case of your death, insolvency or liquidation your Points will have no value and will expire.

13. Changes to Terms and Conditions

Bayer reserves the right to amend, modify, or terminate the Programme or these Terms with 30 (thirty) days notice. Notice of changes will be communicated through the Programme Site or other designated communication channels.

14. Limitation of Liability
    • Bayer will not be liable for any damages, losses, or expenses incurred by the Member as a result of their participation in the Programme or the redemption of Reward.
    • Although we carefully select our Reward Providers, you will carry the risk for any fraud or losses that occur via our Reward Providers’ channels.
    • We will incur no liability if a dispute arises between you and a Reward Provider in respect of products or services purchased.
    • Bayer is not an agent or representative of the Reward Provider (and vice versa) and Bayer gives no warranties on the services and/or products given as a Reward.
    • By redeeming your Reward you release us from any and all liabilities to you.
    • We will not be liable for any loss or damage suffered by you arising from us carrying out your instruction or from you participating in the Programme, unless such loss or damage arises from Bayer’s gross negligence or intentional misconduct.
    • We are not liable for any acts or omissions by third parties, including without limitation an internet service provider, a telephone provider or Reward Provider relating to the use of the Programme.
    • We will under no circumstances be liable for any consequential, incidental, special or direct loss or damage resulting directly or indirectly from these Terms or your participation in the Programme.
    • Our Reward Providers’ websites may be linked to our Site, in which case we cannot control or make any representation as to the legal content of such websites, and we will therefore not be liable for the information provided on such websites.
    • 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.

15. Protection of Personal Information and Data Usage
    • Bayer will process personal data provided to Bayer by the Member or its employees or agents in accordance with the conditions stipulated in the Protection of Personal Information Act (“POPIA”).
    • By participating in the Programme, you acknowledge and agree that we may collect, process, and use your personal information for the following purposes:
      • Administering your membership in the Programme;
      • Providing you with rewards, benefits, and offers;
      • Managing transactions related to the Programme, which may involve sharing your information with the Reward Providers;
      • Conducting analytics to improve our services; and
      • Complying with legal and regulatory requirements.

15.3 Your participation in the Programme constitutes your voluntary consent to the collection, processing, and use of your personal information for the purposes outlined in 15.2. You have the right to withdraw your consent at any time by contacting us using the details provided in the Terms.

15.4 We will retain your personal information for as long as necessary to fulfil the purposes outlined in clause 15.2 or as required by law. Upon expiry of the retention period, we will securely dispose of or anonymize your information in accordance with our data retention policies.

15.7 Both Parties have the rights set out in POPIA in respect of their Personal Information Processed by the

other Party.

16. Indemnification

You agree to defend, indemnify and hold us, our parent company, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your participation in the program in violation of any law, rule, regulation or these Terms.

17. Governing Law

These terms and conditions are governed by the laws of the Republic of South Africa and consent to the jurisdiction of the Magistrate’s Court.

18. Miscellaneous
    • Bayer reserves right to audit compliance with all conditions and provisions of this Programme or other Bayer offers which includes, but is not limited to, an audit of the Member’s books/records. The Member will provide all such relevant documents to Bayer upon written request therefore. If the Member does not have the proper documentation for the three (3) year audit term, Bayer may treat such lack of valid documentation as if the sales were invalid and not properly made and subject to payment of the cost of the audit and forfeiture of the Program benefits.
    • Bayer reserves the right to seek reimbursement of all related costs if errors are discovered after Reward have been issued.

Both parties hereby agree to abide by and uphold the stipulations set forth in this document.

Annexure-A

1. Rover Tours

-Client specific international farmer tours to destinations such as Chicago, Argentina, Paris, New York, Cape Town and many more. Please see Bayer Rewards website for latest offerings.

2. FieldView Software

-FieldView Software Subscription

3. ACES Africa

-Client specific solar solutions for farms. Please see Bayer Rewards website for latest offerings.

4. Sion Agri

-Agronomic services such as precision soil sampling, crop scouting & consultation, variable rate fertilizer & seed, tillage evaluation, leaf analysis, soil classification, independent problem crop inspections, yield data processing. Please see Bayer Rewards website for latest offerings.

5. FieldView NIK

-FieldView Hardware such as the FieldView Drive, YieldKit with Antenna Kit, Ipad Mounting Kit,

6. Cerealis Precision

-Precision farming equipment through suppliers such as WEED IT and many more. Please see Bayer Rewards website for latest offerings.

8. MetosSA

– Weather monitoring solutions, offering Pessl weather Instruments to farmers. Please see Bayer Rewards website for latest offerings.