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Virgin Active App

APP & Rewards Programme Terms & Conditions

TERMS & CONDITIONS

These terms and conditions (together with the documents referred to herein) tells you the terms of use in terms of which you may make use of the Virgin Active mobile application (our "the App"), as registered user. By accessing the App you are deemed to agree to enter into a valid, binding and enforceable contract with Virgin Active South Africa (Pty) Ltd whereby your use of the App is subject to these terms and conditions (“the App Terms of Use”).

The App Terms of Use are valid, binding and enforceable against any User in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”).

Definitions and interpretation

"App" means the software application programme owned (or licensed) by Virgin Active, which is designed and developed to deliver, amongst other things, the Virgin Active Rewards Programme and certain services in terms of your membership agreement, and is specifically subject to:

the App Terms of Use;
the Website Terms of Use
the Rule Book; and
the Privacy Policy

available on our web site, and as amended from time to time;

“Data Protection Legislation” means the legislation relating to data protection in South Africa from time to time, including without limitation the Electronic Communication and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008 and the Protection of Personal Information Act 4 of 2013;

“Personal Information” has the meaning given to that term in the Protection of Personal Information Act 4 of 2013, or any other Data Protection Legislation applicable to the jurisdiction where these Terms and Conditions is applied and in force;

“User" means any person who enters or uses the Virgin Active web site, notwithstanding the fact that such a person only visited the home page of the Virgin Active web site;

"Virgin Active” means Virgin Active South Africa (Pty) Ltd, a company registered in the Republic of South Africa under company registration number 2005/041060/07 with registered address at 3rd Floor, MontClare Place, Corner Main Road & Campground Road, Claremont, Western Cape, South Africa;

References herein to the singular includes the plural and vice versa; and
Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

Disclosures Required by Section 43 of the ECT Act

Access to the services, content, software and content downloads available from the Virgin Active web site is classified as "electronic transactions" in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Virgin Active has the duty to disclose the following information:

The full name and legal status of the web site owner: Virgin Active South Africa (Proprietary) Limited;
Street address: 3rd Floor MontClare Place, Corner Main Road and Campground Road, Claremont, Cape Town, 7708;
Postal address: P.O. Box 379, Rondebosch, 7701;
Physical address for receipt of legal service: 3rd Floor MontClare Place, Corner Main Road and Campground Road, Claremont, Cape Town, 7708;
Main business: The main business of Virgin Active is to establish and operate health and fitness facilities, as illustrated at http://www.virginactive.co.za;
The web site address of the Virgin Active web site is: http://www.virginactive.co.za;
The official e-mail address of the Virgin Active web site is: webadmin@virginactive.co.za;
Membership of self-regulatory or accreditation bodies: IHRSA;
Codes of conduct to which the Virgin Active web site and App subscribes: IHRSA;
The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 may be viewed on the Virgin Active web site (http://www.virginactive.co.);
Management: The profiles of the various office bearers of Virgin Active is available from: http://www.virginactive.co.za;
The costs associated with the access and use of the Virgin Active Product is available from http://virginactive.co.za;
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
access to the Virgin Active web site;
the inability to access the Virgin Active web site;
the services and content available from the Virgin Active web site; or
these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;

Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to the App; and
Users may lodge complaints concerning the App with Virgin Active at (t) 0860 200 911 or webadmin@virginactive.co.za

Allowed Use & Licence

Virgin Active licenses the User to view, download and print the content of the Virgin Active web site and the App, provided that such content is used for personal, educational and/or non-commercial purposes only.

Content from the Virgin Active web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Virgin Active.

Users may only access and use the Virgin Active web site and the App for legal purposes.

The caching of the Virgin Active web site and the App shall only be allowed if:

the purpose of the caching is to make the onward transmission of the content from the Virgin Active web site more efficient;
the cached content is not modified in any manner whatsoever;
the cached content is updated at least every 12 (twelve) hours; and
the cached content is removed or updated when so required by Virgin Active.

If any User uses content from the Virgin Active web site and the App in breach of the provisions detailed herein:

Virgin Active reserves the right to claim damages from the User if the User’s wrongful actions cause loss to Virgin Active;
Virgin Active reserves the right to institute criminal proceedings against the User for unlawful conduct involving the Virgin Active web site and the App; and
Virgin Active shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

Virgin Active shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Virgin Active web site or the App, if such content was accessed through a hyperlink not directed at the home page of the Virgin Active web site or in the App. Persons that wish to link to content beyond the home page of the Virgin Active web site or in the App shall do so at their own risk and indemnify Virgin Active against any loss, liability or damage that may result from the use of content from the Virgin Active web site and the App, if such content was accessed through a hyperlink not directed at the home page of the Virgin Active web site or the App. Virgin Active non- liability for deep linking is based on the fact that deep links bypass these terms and conditions.

Users may quote small and reasonable amounts of content available from the App only if such quote is placed in inverted commas and acknowledged.

No person may frame the App, in any manner whatsoever, without the prior written consent of Virgin Active.

Apart from bona-fide search engine operators and use of the search facility provided on the Virgin Active web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Virgin Active web site for any purposes, without the prior written consent of Virgin Active.

All licenses and/or permissions granted in terms of the above are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Virgin Active at any time without giving reasons therefore.

Hyperlinks to Third Party Sites

Virgin Active may provide hyperlinks to web sites not controlled by Virgin Active (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.

Virgin Active does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

Information about us

The Services are operated by Virgin Active South Africa (Pty) Ltd ("We" / “our”). We are a company registered in the Republic of South Africa at registered address at 3rd Floor, MontClare Place, Corner Main Road & Campground Road, Claremont, Western Cape, South Africa.

Accessing the App

Access to the App is permitted on a temporary basis and We reserve the right to withdraw or amend the services provided via the App without notice to you. We will not be liable if for any reason the App and / or any part thereof are unavailable at any time or for any period. From time to time, We may restrict access, in whole or in part, to the App for those Users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the App Terms of Use, the Website Terms of Use and / or the Privacy Policy. You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your internet connection or device are aware of these terms, and that they comply with them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not download, print off or copy, or otherwise utilise, any part of any materials published on the App. You must not use any part of the materials on the App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Services in breach of these terms of use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

All intellectual property on the Virgin Active web site and the App, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Virgin Active and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User contained herein, all other rights to intellectual property on the Virgin Active web site and the App are expressly reserved.

Virgin Active is a registered trademark and Users agree not to use the trademark as an elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Virgin Active at the cost of the User.

Software & Equipment

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Virgin Active web site and / or the App.

Security

Virgin Active shall take all reasonable steps to secure the content of the Virgin Active web site and the App and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Virgin Active does not make any warranties or representations that content shall be 100% safe and secure.

Virgin Active is under no legal duty to encrypt any content or communications from and to the Virgin Active web site and the App and is also under no legal duty to provide digital authentication of any page on the Virgin Active web site or via the App.

Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Virgin Active web site or the App, or the server and computer network that support the Virgin Active web site or the App. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Virgin Active web site or the App, whether on purpose or negligently, shall, without any limitation, indemnify and hold Virgin Active harmless against any and all liability, damages and losses Virgin Active and its partners / affiliates may suffer as a result of such damaging code;

Users may not develop, distribute or use any device to breach or overcome the security measures of the App and Virgin Active reserves the right to claim damages any and all persons concerned with a security failure or breach; and

Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Virgin Active and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za

Disclaimer & Limitation of Liability

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Virgin Active (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

access to the Virgin Active web site and / or the App;
access to web sites linked to the Virgin Active web site and / or the App;
inability to access the Virgin Active web site and / or the App;
inability to access web sites linked to the Virgin Active web site and / or the App;
content available on the Virgin Active web site and / or the App;
services available from the Virgin Active web site and / or the App;
downloads and use of content from the Virgin Active web site and / or the App;
any other reason not directly related to Virgin Active gross negligence.

The Virgin Active web site and the App are supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Virgin Active, that the content available from and through the Virgin Active web site or the App meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

Virgin Active does not make any warranties or representation that content and services available from the Virgin Active web site or the App will in all cases be true, correct or free from any errors. Virgin Active shall take all reasonable steps to ensure the quality and accuracy of content available on the Virgin Active web site and the App.

Virgin Active does not make any warranties or representations that the Virgin Active web site or the App shall be available at all times. Users acknowledge that the Virgin Active web site may be unavailable due to updates or other causes beyond the reasonable control of Virgin Active, including, but not limited to virus infection, unauthorised access, power failure or other "acts of God".

Reliance on information posted

Information, ideas and opinions expressed on the Virgin Active web site or the App should not be regarded as professional advice or the official opinion of Virgin Active and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Virgin Active web site.

The content provided in the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the App.

Although we make reasonable efforts to update the information contained in the App , we make no representations, warranties or guarantees, whether express or implied, that the content on the App is accurate, complete or up to date.

The App changes regularly

We aim to update the App regularly, and may change the content at any time. We do not guarantee that the App will always be available or be uninterrupted. If the need arises, we may suspend access to the App, or close access to them indefinitely. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on the App to Virgin Active and Virgin Active undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

Interception of Communications

Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (the "RIC Act"), the User agrees to Virgin Active’ right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the App, its staff and employees. The User agrees and acknowledges that such consent provided by the User satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.

Our Liability

You agree that Virgin Active will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in the App or from access to other material on the internet via web links from the App.

In addition, You acknowledge and accept that you become a member of the App and use these product, services, equipment, software and facilities, including participation in the exercise plans entirely at your own risk. It is your responsibility to determine whether medical clearance is required to participate in any of these products and services and your failure to do so will be at your own risk and could result in serious injury or death. Similarly, following any nutrition plan is at your sole risk and it is your responsibility to ensure that you do not consume food/drinks to which you may have an adverse reaction. You agree that you shall have no claim against Virgin Active, its directors, employees, subcontractors, agents, representatives, consultants, licensees and/or licensors for any loss, damage, harm, injury, death and/or expense which may be suffered by you or by any third party, from any cause whatsoever, howsoever arising, in connection with your membership and/or the use of the App. Damages shall include direct, indirect, general, special, incidental, punitive and consequential damages.

You also acknowledge and accept that Virgin Active have made no representations in regard to any of their competencies or in regard to the safety and/or quality of any of the equipment and/or software supplied or used by Virgin Active in connection with the App and/or the use thereof. You waive any common law warranties which may be applicable in respect of Virgin Active's supply of its products and equipment.

These provisions are binding on your estate, heirs, executors, administrators, parents and/or guardians.

Agreement in Terms of Section 21 of the ECT Act

The User and Virgin Active agree that:

the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User accesses the App for the first time;
data messages (as defined in the ECT Act) addressed by the User to Virgin Active shall only be deemed to have been received if and when responded to;
data messages (as defined in the ECT Act) addressed to the User by Virgin Active shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
data messages (as defined in the ECT Act) addressed by the User to Virgin Active shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Virgin Active; and
the User agrees and warrants that data messages that are sent to Virgin Active from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

Privacy

We process your personal information in accordance with our Privacy Policy. For more information about how we use personal data and information, please see our Privacy Policy: https://hello.virginactive.co.za/assist/privacy-policy.

Virgin Active shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in the Protection of Personal Information Act, 2013 (POPIA). POPIA, in further information in respect thereof, may be accessed on the Information Regulator’s website https://justice.gov.za/inforeg/.

Virgin Active may electronically collect, store and use the following personal information of Users:

name and surname;
contact numbers;
non-personal browsing habits and click patterns;
e-mail address; and
IP address.

Virgin Active collects, stores and uses the abovementioned information for the following purposes:

communicate requested information to the User; and
to compile non-personal statistical information about browsing habits, click-patterns and access to the Virgin Active web site.

Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

Virgin Active may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

Virgin Active shall not disclose personal information from Users unless the User consents thereto;
Virgin Active shall disclose information without the User’s consent only through due legal process; and
Virgin Active may compile, use and share any information that does not relate to any specific individual.

Virgin Active owns and retains all rights to non-personal statistical information collected and compiled by Virgin Active.

Your account details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

Uploading material to the App

Any material you upload to the App will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and / or disclose to third parties any such material for any purpose. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the App. We have the right to remove, at our sole and unfretted discretion, any material or posting you make on the App for whatever reason.

Viruses, hacking and other offences

You agree to comply with cybercrime laws, including but not limited to Cybercrimes Act 19 of 2020 and Electronic Communications Transaction Act 25 of 2002. You agree not to misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs and / or any other material which is malicious and / or technologically harmful. You agree not to attempt to gain unauthorised access to our Services, the server on which our Services are stored and / or any server, computer or database connected (directly or indirectly) to our Services. You agree not to attack our Services via a denial-of-service attack and / or a distributed denial-of service attack and / or otherwise. By breaching cybercrime laws, you may be committing a criminal offence and We may be obligated to report any such breach(es) to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your personal information to them. In the event of such a breach, your right to use our Services will cease immediately. In addition, We will not be liable for any loss, harm and / or damage caused by (directly or indirectly) and / or resulting from any breach of this provision and / or cybercrime laws, which includes (but not limited to) any damage or harm caused to you, or your property, or that of any third parties.

Jurisdiction and applicable law

The South African courts will have exclusive jurisdiction over any claim whatsoever arising from, or related to, your use of the App; although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The App Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa.

Variations

We may revise these Terms of Use at any time. You are expected to check these terms and conditions from time to time to take notice of any changes We may make, from time to time, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Services.

Entire Agreement & Severability

These App Terms of Use (which incorporate the Website Terms of Use, the Privacy Policy and the Rule Book) constitute the entire agreement between Virgin Active and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Virgin Active from the User.

Any failure by Virgin Active to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

Your Concerns

If you have any concerns about material which appears on the App, please contact getintouch@virginactive.co.za.

VIRGIN ACTIVE SOUTH AFRICA (PTY) LTD | THE VIRGIN ACTIVE REWARDS PROGRAMME

TERMS & CONDITIONS

DEFINITIONS:

"Affiliates" means:

any division, subsidiary or affiliated company of Virgin Active; and/or
any direct or indirect, national or international, affiliated company, group company, parent company and/or holding company of Virgin Active;

the App Terms of Use;
the Website Terms of Use
the Rule Book; and
the Privacy Policy

available on our web site, and as amended from time to time;

"Club" means a health and fitness facility, gym or club operated from time to time by Virgin Active;

"Rewards Partner(s)" means any service or goods providers that Virgin Active partners with from time to time to offer You rewards;

"Terms and Conditions" means:

these terms and conditions set out herein and which govern the Virgin Active Rewards Programme; and
any other documents referred to and/or incorporated hereinto by reference;

in each case as amended, novated, supplemented or varied from time to time;

"Tier" means the level or status on the Virgin Active Rewards Programme that You can achieve as a result of earning points, or failing to earn sufficient points, under the Virgin Active Rewards Programme;

"Virgin Active Rewards Programme" means the loyalty, rewards and/or benefits programme owned, operated and managed by Virgin Active under these Terms and Conditions.

In these Terms and Conditions:

The singular shall include the plural and vice versa;
Reference to one gender shall include the other;
Reference to natural persons shall include bodies corporate and vice versa;
The clause headings in this Agreement have been inserted for convenience only and shall not affect its interpretation;
Days shall refer to calendar days unless “Business Days” is used, which shall mean any day other than a Saturday, Sunday or public holiday officially recognised as such in South Africa.

INTRODUCTION

The Virgin Active Rewards Programme is currently available in the Republic of South Africa and is presented by Virgin Active South Africa (Pty) Ltd (hereinafter referred to as "Virgin Active", “We”, “Us” or "Our"), to all its qualifying customers, clients and/or members ("You" or "Your"), who have an eligible Club membership with Virgin Active.

These Terms and Conditions:

constitute an agreement between You and Us;
govern both Your rights and obligations as well as Our rights and obligations under the Virgin Active Rewards Programme; and
will apply immediately:
- once You register for the Virgin Active Rewards Programme;
- each and every time You access the App or any other platform where the Virgin Active Rewards Programme is offered; and/or
- each time You use the Virgin Active Rewards Programme.

Should You not accept these Terms and Conditions, You will not be able, or eligible, to access the App and/or will not be able, or eligible, to participate in the Virgin Active Rewards Programme or any other loyalty programme offered by Virgin Active.

PRIVACY AND CONSENT

We process Your Personal Information according to our Privacy Policy.

By:

Your use of the App and thus acceptance of these Terms and Conditions;
You providing Us with Your data; and/or
Registering for, participating in, or using the Virgin Active Rewards Programme and/or the App,

You acknowledge that you have read, understood, and agreed to our Privacy Policy and these Terms and Conditions.

Accepting these terms enables Us to provide You with a more personalized and relevant experience, keep you informed about exciting promotions, offers, and updates as well as tailor our services to better meet your preferences and needs.

We receive information about You from any one or more of the following sources: (i) the data You submit to Us and allow Us to use, (ii) collection agencies, (iii) credit and insurance bureaus, (iv) Rewards Partners, (v) any other relevant sources. We utilise Your Personal Information in order to give You the most applicable reward/benefit and / or the best Tier level applicable to You, and You hereby consent and agree to Us using Your Personal Information for this purpose.

AMENDMENTS TO THESE TERMS AND CONDITIONS

We may, in whole or in part, and at Our sole and unfretted discretion, amend these Terms and Conditions from time to time and without notice. You acknowledge it is your responsibility and agree to keep up-to-date with the Terms and Conditions, as amended, and that by Your use of the App and/or participation in the Virgin Active Rewards Programme You agree to be bound by the most recent Terms and Conditions from time to time.

ABOUT THE PROGRAMME

The Virgin Active Rewards Programme is designed to recognise and reward You, as a qualifying member of Virgin Active, for using Virgin Active gyms and facilities, services and/or ancillary products, as well as for Your digital engagement with Virgin Active through the App.

You get rewarded weekly for achieving a weekly goal (“Weekly Goal”), and You get rewarded with an additional reward (a “Milestone Reward”) for achieving 12 (twelve), 26 (twenty-six) and 52 (fifty-two) Weekly Goals consecutively. You will have access to Tier benefits (“Tier Reward(s)”) which include a combination of vouchers and discounts to enjoy and redeem at Virgin Active and/or at selected Rewards Partners.

No vouchers, rewards and / or any other benefit of value, can be exchanged for cash or transferred to any third-party.

VIRGIN ACTIVE REWARDS PROGRAMME FEES

The Virgin Active Rewards Programme is free to register and activate, and We will not charge You a joining fee or any additional periodic or annual membership or participation fee to participate.
The Virgin Active Rewards Programme is only available through the App, which is free save for any data costs which may apply or be charged by Your service provider, when You download, use, or update the latest version of the App from time to time.
Additional optional services may incur separate activation costs which will be communicated to You at the appropriate time.

WHO IS ELIGIBLE TO PARTICIPATE IN THE VIRGIN ACTIVE REWARDS PROGRAMME

The Virgin Active Rewards Programme is available to all Virgin Active members with an active and qualifying Virgin Active membership, except for the following members:

Virgin Active staff members;
Complimentary memberships (i.e. memberships where no membership fees are payable);
Members under the age of 14 (Fourteen) years, irrespective of the membership type;
Guests using guest passes;
Club-V or Club-V Max memberships;
Tenants (or tenant memberships) at Virgin Active;
Short term memberships. This exclusion shall not apply to memberships that have successfully completed their commitment period and are continuing on a month-to-month basis;
Pay-as-you-Gym memberships;
Online members who have access to the App only or who have access to only an online exercise platform operated by Virgin Active, and do not have a Virgin Active membership in/to a Club. "Online Plus" memberships will not form part of this excluded category of memberships for so long as an Online Plus membership includes a visit or access into a Club;
Suspended (or blacklisted) members or memberships; or
Members or memberships in arrears.

ACCESSING THE VIRGIN ACTIVE REWARDS PROGRAMME

The Virgin Active Rewards Programme is only available via the App.
In order to access the Virgin Active Rewards Programme You will need to download the App and complete the registration process.
You will be required to register on the App using the credentials provided to You when You signed up for Your Virgin Active Club membership and create a unique password to secure Your App account.
A compatible device (i.e. an iOS, Android or any other suitable device) is needed to download the App and access the benefits offered via the App and in the Virgin Active Rewards Programme. Should You not have a compatible device, this may result in You either having limited functionality or not having access to the App at all and therefore You may not be able to participate in the Virgin Active Rewards Programme. You hereby agree that no liability whatsoever shall extend to Virgin Active as a result of Your device being incompatible with the App for whatever reason.
We cannot (and do not) guarantee the availability, accessibility, accuracy and /or proper functioning of the App at all times. You accept that there may be submissions made via the App which may not be successfully processed and / or executed properly and / or timeously due to various causes howsoever caused ( including but not limited to errors caused by You, Us, or other factors related to our Rewards Partners). You agree that We are not responsible and / or liable at all for, without limitation, any unauthorised human or technical intervention, nor are We liable or responsible for any transaction that is not properly processed, executed, saved, or transmitted, regardless of the cause of the problem or error. No warranty is made by Us that the App and/or Our software functionality or services will be uninterrupted or free of defects.
In the event of any conflict between the applicable software and these Terms and Conditions relating to any benefit or reward to which the software pertains, then these Terms and Conditions shall prevail.
It is Your responsibility to ensure that:
- You have downloaded the latest version of the App from the relevant App store;
- You have created a secure password; and
- Your password is never shared with anyone.
You are not allowed to share log in credentials with anyone and agree that doing so would constitute a material breach of these Terms and Conditions. You will only be allowed to link one App account and one (compatible) device to Your Virgin Active membership profile.

GOALS AND REWARDS

Weekly Goals

The period upon which a Weekly Goal (more fully set out below) can be earned starts at midnight on a Monday morning (00:00) and ends at 23:59 on a Sunday (i.e., 7 (seven) days) (a "Weekly Goal Qualifying Period").
Each Weekly Goal Qualifying Period, You will be provided with an opportunity to earn 1 (one) Weekly Reward (see below) for completing your Weekly Goal. Unless otherwise communicated by Virgin Active, Weekly Goals are not cumulative in each Weekly Goal Qualifying Period and are limited to 1 (one) Weekly Goal, per qualifying member per Weekly Goal Qualifying Period.
Your Weekly Goal is determined by the number of times you visit a Club. At midnight on each Monday (i.e., the commencement of a Weekly Goal Qualifying Period) Your visits of the previous Weekly Goal Qualifying Period are disregarded and You will start again for the next Weekly Goal Qualifying Period. For clarity, any Visits in excess of Your previous Weekly Goal do not carry over and / or cannot be counted for the next Weekly Goal Qualifying Period.
You will start with needing to visit a Club 2 (two) times within a Weekly Goal Qualifying Period. Once You achieve a minimum of 2 (two) visits, You will receive a Weekly Reward.
In the following week, Your Weekly Goal will be extended to 3 (three) visits per Weekly Goal Qualifying Period and if this is achieved then Your Weekly Goal will be extended to 4 (four) visits per Weekly Goal Qualifying Period.
When Your Weekly Goal is 4 (four) visits per Weekly Goal Qualifying Period and You achieve this Weekly Goal, thereafter, Your Weekly Goal will not increase to more than 4 (four) visits.
If Your Weekly Goal is 4 (four) visits per Weekly Goal Qualifying Period and You visit less than 4 (four) times in that Weekly Goal Qualifying Period, then your Weekly Goal will be reduced to 3 (three) visits in the following Weekly Goal Qualifying Period.
If Your Weekly Goal is 3 (three) visits per Weekly Goal Qualifying Period and You visit less than 3 (three) times in that Weekly Goal Qualifying Period, then Your Weekly Goal will be reduced to 2 (two) visits in the following Weekly Goal Qualifying Period.
A visit will only qualify towards Your Weekly Goal if You have met the following requirements:
- (i) upon entry into a Club, You have scanned, at the Club entrance, Your digital access card available via the App, or until such time that physical membership cards have been discontinued by Virgin Active, You have scanned Your membership card at the Club entrance;
- (ii) You have remained inside a Club for an uninterrupted minimum duration of at least 30 (thirty) minutes; and
- (iii) upon departure from a Club and at the Club exit, You have scanned Your digital access card available via the App, or until such time that physical membership cards have been discontinued by Virgin Active, You have scanned Your membership card at the Club exit.
It is Your responsibility to scan Your digital access card, or physical membership card, upon entry into and exit from the Club. Virgin Active will not accept any responsibility for ensuring that Your digital access card or physical membership card has been scanned, at all.
Should You not scan either Your digital access card available via the App or Your physical membership card (subject to it not being discontinued), as stipulated above, that specific Club visit will not count or qualify towards Your Weekly Goals and You may run the risk of failing to meet Your Weekly Goal and not qualifying for Your Weekly Reward, or failing to meet Your Tier Points (see below) linked to tracking valid Club visits.
Only 1 (one) visit per day is counted towards a Weekly Goal. If You visit a Club more than once in a day, or if You visit 2 (two) or more different Clubs in a day, then only 1 (one) visit for that day is counted towards your Weekly Goal.

Weekly Reward

When You achieve a Weekly Goal, You will be issued a reward in the App ("Weekly Reward").
Weekly Rewards may take at least 30 (thirty) minutes (or sometimes longer) to be issued to You.
At the start of each Weekly Goal Qualifying Period, Virgin Active will inform You what Your Weekly Reward will be for that Weekly Goal Qualifying Period. Weekly Rewards may include, but are not necessarily limited to, a voucher from participating Rewards Partners redeemable either in-club and/or at a Rewards Partner’s outlet , or Tier Points (see below).
You will have 7 (seven) days, from date of issue, to choose your Weekly Reward (if a choice is available). If You do not choose a Weekly Reward within 7 (seven) days from notifying You and / or the Weekly Reward becoming available via the App, Your Weekly Reward will expire and will not be carried over to the next week.
If You choose a voucher as your Weekly Reward, then the relevant voucher:
- will be issued and will be valid for 7 (seven) days. If the voucher is not redeemed within 7 (seven) days, it will expire and will not be carried over to the next week; and
- is only valid for, and limited to, the specific reward stipulated in the App and only at participating stores/outlets of the applicable Rewards Partner. You will not be able to up-size, modify or add extras to the voucher (i.e., You will not be able to elect to pay the difference in price, nor will You be able to use Your voucher to subsidise in any way Your upsized and/or modified purchase). Any amendment (up-size and / or extras added) and / or subsidies will be charged for in full.
If You choose Tier Points as your Weekly Reward, then these Tier Points will be automatically added to Your Tier Points total immediately (or as soon as reasonably possible thereafter).
Once You have chosen a Weekly Reward in respect of any Weekly Goal Qualifying Period, Your choice is final and You will under no circumstances be able to change your choice in respect of that Weekly Reward.
If You have achieved a Weekly Reward from the previous week that is still valid, and have also achieved a Weekly Reward in the new/current week, You will be eligible to have two active vouchers and redeem both vouchers if applicable.

Milestone Achievements - for 12, 26 and 52 consecutive weeks of Weekly Goals

Additional Milestone Rewards may be unlocked when:
- You achieve 12 (twelve) consecutive Weekly Goals over 12 (twelve) consecutive weeks;
- You achieve 26 (twenty-six) consecutive Weekly Goals over 26 (twenty-six) consecutive weeks; and
- You achieve 52 (fifty-two) consecutive Weekly Goals over 52 (fifty-two) consecutive weeks

(each referred to as a “Milestone” and “Milestone Cycle”).

There is no prescribed start to a Milestone Cycle, except that it is intrinsically linked to the achievement of Weekly Goals obtained consecutively which, in-turn, is intrinsically linked to the Weekly Goal Qualifying Periods commencing at midnight on Mondays. Each Milestone Cycle would commence on the same date for the calculation of the consecutive Weekly Goals attained. For clarity, You may achieve 12 (twelve) consecutive Weekly Goals, and should you continue to achieve Your next 14 (fourteen) Weekly Goals consecutively and immediately thereafter, then You would have achieved 26 (twenty-six) consecutive Weekly Goals over 26 (twenty-six) consecutive weeks (i.e., 12 Weekly Goals plus 14 Weekly Goals), and so on.
Should You fail to achieve a Weekly Goal at any point during a Milestone Cycle, the Milestone Cycle will restart the following Weekly Goal Qualifying Period, and You will start a new Milestone Cycle afresh. For example, if You achieve a Weekly Goal in week 1 (one) and week 2 (two) but in week 3 (three) You fail to achieve Your Weekly Goal, then this means that a new Milestone Cycle will begin anew in week 4 (four) and You will need to achieve 12 (twelve) Weekly Goals in a row in order to unlock a Milestone Reward.

Milestone Rewards

When a Milestone is achieved, You will be presented with a choice of Milestone Rewards, which We may from time to time, and in Our sole discretion, add to or change the list of Milestone Rewards, and which may include, for instance:
- a voucher from one of Our Rewards Partners; or
- Tier Points (see below);
The choice to select Your Milestone Reward from available options (if any) will be open for 14 (fourteen) days from the date of achieving Your Milestone Reward. If You fail to select Your Milestone Reward within the stipulated 14 (fourteen) day period, then Your Milestone Reward will automatically lapse and Your option to select the Milestone Reward will no longer be available.
Your Milestone Reward can only be selected via the App.
If You select to receive Tier Points (see below) as Your Milestone Reward, then the points will be added towards Your Tier Points balance immediately (or as soon as reasonably possible thereafter).
If You select to receive a voucher as Your Milestone Reward, then:
- The voucher will be available to redeem for 14 (fourteen) days from the date of Your selection, and can be accessed in the App under “Rewards”;
- If the voucher is not redeemed within the stipulated 14 (fourteen) day period, it will expire and will not be carried over to the next week; and
- The voucher is only valid for the specific Milestone Reward stipulated in the App and only from participating stores/outlets of the applicable Rewards Partner; and
- Any modifications or extras added to the selected voucher will be charged for in full to You (i.e. You will not be able to elect to pay the difference in price nor will You be able to use Your voucher to subsidise in any way Your upsized and/or modified purchase).
If You have achieved a Weekly Reward from the previous week that is still valid, and have also achieved a Milestone Reward in the new/current week, You will be eligible to redeem both the Weekly Reward and Milestone Reward for so long as the selection and/or redemption timelines overlap and provided that the selection and/or redemption is done within the applicable timelines, as set out above.
We reserve Our rights to change and / or update the Milestone Goals and Milestone Rewards at any time, without notice, and in Our sole and unfretted discretion.

Tier Status and Tier Points

There are 3 (three) Tier Levels which determine your Tier Status:
- Bronze Tier (entry-level);
- Silver Tier (mid-level); and
- Gold Tier (highest level).
Upon registering for the Virgin Active Rewards Programme, You will automatically default to Bronze Tier.
You may move between the different Tier Levels by upgrading or downgrading (as set out below).
You will immediately lose Your Tier Status (and be ineligible to participate in the Virgin Active Rewards Programme) should:

You terminate Your Virgin Active contract or membership; or
You no longer be in good standing.

Notwithstanding, we may, from time to time, amend, without notice and in Our sole and unfretted discretion, these Terms and Conditions to the extent that they pertain to, including but not limited to the Tier Levels, Your Tier Level, the allocation of Your Tier Level and / or the upgrade and downgrade between different Tier Levels.

Tier Upgrades

To upgrade from Bronze Tier to Silver Tier or Gold Tier, be in good standing and earn sufficient Tier Points as follows:
- a Bronze Tier member:
  - can upgrade to Silver Tier by earning 2000 (two thousand) Tier Points; or
  - can upgrade to Gold Tier by earning 5000 (five thousand) Tier Points; and
- a Silver Tier member can upgrade to Gold Tier by earning 3000 (three thousand) Tier Points
Tier Upgrades are automatic and immediate, as and when You earn the required Tier Points.
There are no monthly or annual cycles for Tier Statuses, thus Tier Statuses and Tier Points do not reset at any given time.

How to earn Tier Points

Tier Points can be earned by completing certain activities from time to time. Some Tier Point-earning activities have a maximum number of Tier Points that can be earned per day, week, or month. Earning Tier Points are capped at once per day per a Tier Point-earning activity. This means that You can earn for multiple different Tier Point-earning activities (if applicable) but only once per activity (or once per a Tier Point-earning activity per a day, where appliable). There are also Tier Points which are only available to be earned once-off. The list of Tier Point-earning activities is available in the App, which may be updated from time to time at Our sole discretion and without notice. You will be able to view via the App which Tier Points-earning activities have been achieved.

Tier Rewards

Each Tier Level has specific Tier benefits and / or rewards ("Tier Rewards") which are made available to You and / or are applicable to You only, if You are within (or who have obtained) the specific Tier Level.
Tier Rewards include a range of benefits, rewards and / or prizes which are made available by Us and / or Our Rewards Partners.
Tier Rewards may differ or change from time to time, as determined by Us in Our sole and absolute discretion.
Tier Rewards are made available on the same day that an applicable Tier Reward is earned as a result of a Tier Upgrade (see above).
The process to redeem a given Tier Reward may differ depending on, for instance, the Rewards Partner and / or as a result of the particular Tier Reward, from time to time. You may either be issued a QR code voucher in the App, or be issued a unique Rewards Partner code to redeem on the Rewards Partner’s website or at a physical store/outlet. The terms and conditions, and further information, including the validity and usage requirements for the Tier Rewards available to You from time to time will be set out in the App.

BIRTHDAY REWARDS

You will receive a birthday reward each year, which may include a voucher redeemable on the day of Your birthday. This voucher will be available to redeem for 30 (thirty) days from Your birthday, and can be accessed in the App under “Rewards”.
Your Tier Status will determine Your birthday reward.
We reserve Our rights to amend and / or change the birthday rewards available from time to time and without notice to You.

VIRGIN ACTIVE MEMBERSHIP STATUS AND ACCESS TO THE LOYALTY PROGRAMME

The status of Your in-Club Virgin Active membership will determine, in varying degrees, Your ability to access, use, and participate in, the Virgin Active Rewards Programme.
In order to have access to all the benefits and rewards of the Virgin Active Rewards Programme, You must have an authorised and active Virgin Active Club membership which is in good standing (financial or otherwise), and You must have downloaded the latest and most up-to-date version of the App (as available from time to time).
There are other membership status factors taken into consideration which may impact Your eligibility to participate in (or Your continued use of) the Virgin Active Rewards Programme (e.g. if You have frozen or cancelled Your membership, or if We have suspended, cancelled and/or blacklisted Your membership). If You have not used the App for a period of 12 (twelve) months or more, We will revoke and/or nullify any unused rewards and You may need to download the App again and possibly re-register for the Virgin Active Rewards Programme if You wish to re-use it or re-join.

Membership Freeze or Pause in Membership

If You validly freeze Your membership account with Us:
- Your Milestone Cycle (and Milestone Goal) will also freeze (i.e., be suspended by agreement). Once Your freeze period is over, and Your membership is unsuspended by agreement, You will continue Your Milestone Cycle (and Milestone Goal) based on the last full Weekly Goal Qualifying Period in which You achieved your Milestone.
- Your Weekly Goal will start afresh in the next full Weekly Goal Qualifying Period and your Weekly Goal will be reset back down to, or remain at, 2 (two) visits in that Weekly Goal Qualifying Period.

LOSS OR INJURY

By participating in the Virgin Active Rewards Programme, You indemnify and hold Us harmless for any claim of whatever nature in respect of any loss, injury, harm, liability, or damage of any nature whatsoever, which You may incur (or have incurred), whether directly or indirectly, resulting from, including any negligence by, Us, Our staff, contractors, tenants, Rewards Partners, as a result of Your participation in the Virgin Active Rewards Programme including but not limited to Your participation in the activities, goals, and/or rewards contemplated pursuant to the Virgin Active Rewards Programme and these Terms and Conditions.

TRANSACTIONS MADE IN ERROR BY VIRGIN ACTIVE

You agree that if We issue You with a reward or benefit which You are not entitled to in terms of these Terms and Conditions, through any administrative error or any other error or mistake, You will return the reward or benefit, or the value thereof if full restitution is not possible. This may include, but is not necessarily limited to:

any Tier Points that have been erroneously allocated to You; and/or
any erroneous Tier Upgrades.

APPLICABLE LAW

These Terms and Conditions are governed by and are to be interpretated in accordance with the laws of the Republic of South Africa. If for any reason any portion or provision of these Terms and Conditions is inconsistent with the laws of the Republic of South Africa, such portion or provision will be deemed to be separate and severable from the remaining provisions, and the remainder of the Terms and Conditions shall be unaffected.

DECEASED ESTATES

All active reward offers belonging to a deceased estate will be frozen upon Us receiving satisfactory notification of death, by the person who is authorised to deal with the liquidation and distribution of the estate under the Administration of Estates Act or any other law which provides for the administration of deceased estates (hereinafter referred to as the "executor"), producing a certified copy of the deceased's death certificate. All active rewards are not transferable and will be terminated and the deceased's App (and the deceased's participation in the Virgin Active Rewards Programme) will be closed.

TERMINATION OF YOUR PARTICIPATION IN THE VIRGIN ACTIVE REWARDS PROGRAMME

We may end Your participation in the Virgin Active Rewards Programme at any time and for any reason whatsoever, and without any penalty, on notice to You.
Upon such notice:
- You will have 30 (thirty) days to spend any unredeemed rewards; and
- You shall not be entitled to join the Virgin Active Rewards Programme thereafter, unless We approve, in writing, Your written request to re-join the Virgin Active Rewards Programme thereafter. Any re-joining without Our written approval will be null and void.
Notwithstanding, We reserve the right, without prejudice to any of Our other rights and remedies in terms of these Terms and Conditions and in law, to be exercised in Our sole discretion, to immediately terminate Your participation in and/or Your use of the Virgin Active Rewards Programme, and/or any unredeemed rewards, if (including but not limited to):
- We believe (in Our sole and absolute direction) that Your behaviour or conduct to be inappropriate, constitute misconduct and/or an abuse of the Virgin Active Rewards Programme;
- We believe it necessary in order to stop or prevent any criminal conduct in terms of any laws in the Republic of South Africa or intentional law, including, but not necessarily limited to, money laundering, and where required to do so by law (domestic and / or international);
- You fail to assist Us to comply with , or cause us to contravene, any laws, regulations and policies by failing or refusing to provide us with all the information and documents we may require from You, or You submit false information or documentation;
- You breach these Terms and Conditions, or any other terms and conditions relevant to the Virgin Active Rewards Programme and/or Your Virgin Active membership to a Club; and / or
- A fraudulent or dishonest transaction was conducted directly or indirectly by You.
We may reverse or cancel any transaction relating to the aforementioned conduct and hold You liable for any value which You have received in terms of such (mis)conduct.
Upon termination of Your participation in the Virgin Active Rewards Programme:
- All Your active rewards, vouchers, Tier points and Tier status linked to Your Virgin Active Rewards Programme (or Your account thereunder), including any future rewards which may have accrued to You after the date of termination but for such termination, will be immediately terminated;
- You will no longer be entitled to any rewards, benefits or services from the Virgin Active Rewards Programme; and
- You will be permanently disqualified from accessing any discounts or promotions from Virgin Active and/or its Rewards Partners; and
In the event that We terminate Your participation in the Virgin Active Rewards Programme, We will not be liable for any damages of any nature suffered by You or any third party as a result of such termination.

SUSPENSION OR TERMINATION OF THE VIRGIN ACTIVE REWARDS PROGRAMME

We reserve Our rights to, in whole or in part, suspend or discontinue providing the Virgin Active Rewards Programme at any time at Our sole and absolute discretion. In such event, we will endeavour to notify You of this within a reasonable time.

ADDRESS FOR NOTICES:

You agree that your chosen domicilia citandi et executandi shall be Your electronic address provided when registering for the App, or when concluding your Virgin Active membership agreement, failing which any other alternative address You have provided to Us from time to time, at which address all processes and notices arising out of or in connection with these Terms and Conditions and / or the Virgin Active Rewards Programme, may be validly served upon or delivered to You.
It is Your responsibility to provide us with Your most up-to-date details at all times.
Our chosen domicilia citandi et executandi is 3rd Floor, MontClare Place, Corner of Main & Campground Roads, Claremont, at which address all processes and notices arising out of or in connection with these Terms and Conditions and / or the Virgin Active Rewards Programme, may be validly served upon or delivered to Us.
Any notice given in terms of this Agreement shall be in writing and shall –
- If delivered by hand, or by electronic mail, be deemed to have been duly received by the addressee on the date of delivery;
- If posted by courier, be deemed to have been received by the addressee on the 1st day following the date of delivery by the courier concerned; unless the contrary is proven.