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LOYALTY PROGRAMME TERMS AND CONDITIONS

These Terms and Conditions governparticipation in theThornbrook (Pty) Ltd T/A Clothing Junction Loyalty Programme ("Programme").By enrolling in the Programme, members acknowledge that they have read,understood and agree to be bound by these Terms and Conditions.

1. Definitions

For purposes of these Terms:

"Retailer" means Gemelli Pty Ltd, its subsidiaries, brands, affiliates, successors and assigns.

"Member" means a customer who has successfully enrolled in the Programme.

"Programme" means the Loyalty Programme, including all associated rewards, benefits, promotions and communications.

"Personal Information" shall bear the meaning assigned in the Protection of Personal Information Act, 4 of 2013 ("POPIA").

"Rewards" means points, vouchers, benefits, discounts, incentives, tier benefits or any other value awarded under the Programme.

"Promotional Reward" means a reward, discount voucher, welcome reward, coupon, campaign offer, special offer, incentive or other benefit issued free of charge by the Retailer as part of the Programme or a promotional campaign, and which is not purchased by a consumer.

"Gift Voucher" means a gift card, gift voucher, prepaid voucher, credit or similar stored-value instrument purchased by a consumer for consideration and redeemable for goods or services.

"Specific Reward Terms" means any specific terms, conditions, validity period, minimum spend, exclusions or redemption requirements displayed on, communicated with, or otherwise applicable to a particular reward, promotional reward, special offer or campaign incentive.

2. Membership eligibility

2.1 Membership is open to natural persons aged 18 years and older.

2.2 Membership is intended for personal, non-commercial use only.

2.3 Each member may maintain only one active loyalty account.

2.4 Membership must be registered in the member's own name and linked to their own mobile number.

2.5 The retailer reserves the right to refuse, suspend or terminate membership where fraudulent activity, misuse or breach of these Terms is suspected.

2.6 Duplicate accounts may be merged, suspended or terminated at the retailer's sole discretion.

3. Programme participation

3.1 Membership is free unless otherwise communicated.

3.2 Participation in the Programme is voluntary.

3.3 The retailer may modify, suspend or terminate the Programme at any time in accordance with applicable law.

3.4 Members are responsible for ensuring that all information provided remains accurate and up to date.

4. Collection and Processing of Personal Information

4.1 By joining the Programme, members expressly consent to the collection, storage, processing and use of their personal information for purposes including:

  • Loyalty programme administration;
  • Customer identification;
  • Transaction linking and purchase tracking;
  • Rewards allocation and redemption;
  • Customer service and support;
  • Fraud prevention and detection;
  • Programme analytics and reporting;
  • Customer segmentation and profiling;
  • Personalisation of customer experiences;
  • Programme improvement and optimisation;
  • Compliance with legal and regulatory obligations.

4.2 Personal information collected may include:

  • Name and surname;
  • Mobile number;
  • Email address;
  • Date of birth;
  • Gender;
  • Store visit history;
  • Purchase history;
  • Reward activity;
  • Customer interactions;
  • Preferences and interests.

4.3 Personal information will be processed in accordance with POPIA and any other applicable legislation.

4.4 The retailer will implement reasonable technical and organisational safeguards to protect personal information against loss, misuse, unauthorised access, disclosure or destruction.

4.5 Members may request access to, correction of, or deletion of personal information in accordance with POPIA.

5. Transaction Linking and Customer Identification

5.1 The Programme operates on a customer identification model which may include:

  • Mobile number;
  • Loyalty membership number;
  • QR code;
  • Digital wallet;
  • Loyalty card;
  • Other approved identification methods.

5.2 The registered mobile number shall serve as the primary identifier unless otherwise specified.

5.3 Members are responsible for providing their loyalty identifier at the time of purchase.

5.4 Transactions not linked at the point of sale may not qualify for rewards or points.

5.5 The retailer is under no obligation to retrospectively allocate points or benefits where customer identification was not captured.

6. Rewards, Points and Benefits

6.1 Rewards, points and benefits are issued at the sole discretion of the retailer.

6.2 Rewards may be earned, accumulated and redeemed in accordance with programme rules published from time to time.

6.3 Points and rewards:

  • Have no cash value unless expressly stated otherwise;
  • Cannot be exchanged for cash;
  • Cannot be transferred between members;
  • Cannot be sold or traded.

6.4 The retailer reserves the right to:

  • Amend earning rates;
  • Amend redemption values;
  • Introduce or remove tiers;
  • Modify benefits;
  • Change reward structures;
  • Introduce expiry periods.

6.5 Reasonable notice of material changes will be provided where practical.

6.6 Where the Programme introduces points:

  • Unless otherwise stated in the
    applicable Programme Rules, campaign terms or Specific Reward Terms, points
    shall expire six (6) months from the date on which they are earned.
  • The Retailer may, at its discretion, apply different expiry periods to specific points, campaigns, tiers, promotions or reward categories, provided that the applicable expiry period is communicated to Members where practical.
  • Expired points shall have no cash value and shall not be reinstated, refunded, transferred or exchanged, except at the Retailer’s sole discretion or where required by applicable law.
  • For clarity, points are loyalty rewards issued under the Programme. They are not prepaid gift vouchers, gift cards, prepaid credits or stored value instruments purchased by a consumer.

 

6A. Promotional Rewards, Special Offers and Gift Vouchers

6A.1 The Retailer may issue Promotional Rewards, special offers, welcome rewards, discount vouchers, coupon codes, campaign incentives or other benefits to members.

6A.2 Unless expressly stated otherwise, Promotional Rewards are promotional in nature, are issued free of charge, are not purchased by a consumer, do not constitute prepaid gift vouchers or stored-value instruments, have no cash value, are not redeemable for cash and are not transferable.

6A.3 Promotional Rewards may be subject to Specific Reward Terms, including but not limited to minimum spend requirements, participating brands, participating stores, qualifying products, exclusions, single-use restrictions, one-per-customer or one-per-mobile-number limits, campaign availability, expiry dates and redemption limits.

6A.4 The expiry date or validity period applicable to each Promotional Reward will be displayed on or communicated with the Promotional Reward where applicable. A Promotional Reward may be valid until a specified date, for a specified number of days from issue, or for the duration of a particular campaign. If no expiry date is mentioned it will default to 30days on issue.

6A.5 Expired Promotional Rewards will lapse automatically and will not be reinstated, refunded, exchanged or converted to cash, except at the Retailer's sole discretion or where required by applicable law.

6A.6 For clarity, a Promotional Reward is different from a Gift Voucher. Where the Retailer sells a Gift Voucher, prepaid voucher, gift card or other stored-value instrument for consideration, such Gift Voucher will be governed by its own applicable terms and by applicable consumer protection legislation, including the Consumer Protection Act where applicable.

6A.7 In the event of inconsistency between these Terms and any Specific Reward Terms communicated with a particular Promotional Reward, the Specific Reward Terms will apply to that Promotional Reward to the extent permitted by applicable law.

7. Fair Usage Policy

7.1 Membership is intended solely for use by the registered member.

7.2 Members may not:

  • Share their account;
  • Share their registered mobile number for reward accumulation;
  • Allow third parties to earn rewards on their account;
  • Use another person's account;
  • Create multiple accounts;
  • Manipulate transactions to obtain unfair rewards;
  • Engage in any conduct that undermines the integrity of the
    Programme.

7.3 The retailer reserves the right to monitor account activity for unusual patterns including:

  • Excessive transaction activity;
  • Abnormal reward accumulation;
  • Multiple individuals using one account;
  • Suspicious redemption behaviour;
  • Artificial transaction creation.

7.4 Where misuse is suspected, the retailer may:

  • Reverse points;
  • Cancel rewards;
  • Suspend benefits;
  • Freeze accounts;
  • Terminate membership;
  • Recover improperly obtained rewards.

7.5 The retailer's determination regarding fraud or misuse shall be final.

8. Verification and Programme Integrity

8.1 The retailer reserves the right to verify the identity of any member.

8.2 Proof of identity may be requested where there is reason to believe that an account is being used by a person other than the registered member.

8.3 Failure to provide satisfactory verification may result in suspension or termination of membership.

9. Dormant Accounts and Points Expiry

9.1 An account shall be deemed dormant where no qualifying activity occurs for a continuous period of thirty-six (36) months.

9.2 Qualifying activity includes:

  • Purchases;
  • Redemptions;
  • Reward earning;
  • Other approved loyalty transactions.

9.3 Upon dormancy:

  • Points may expire;
  • Tier status may be removed;
  • Benefits may be forfeited;
  • Rewards may lapse.

9.4 Expired points and rewards shall not be reinstated except at the sole discretion of the retailer.

10. Marketing Communications Optional Marketing Consent

Programme participation and marketing consent are separate.

Members may join the Programme without consenting to marketing communications.

Where a member opts in to marketing communications, the member consents to receiving:

  • Promotions;
  • Special offers;
  • Loyalty updates;
  • Personalised recommendations;
  • Competitions;
  • Surveys;
  • Product information;
  • Marketing campaigns.

through:

  • WhatsApp;
  • SMS;
  • Email;
  • Telephone;
  • Other electronic communication channels.

Members may withdraw marketing consent at any time.

Withdrawal of marketing consent shall not affect Programme membership.

11. Service Communications

11.1 Regardless of marketing preferences, members may receive service-related communications including:

  • Welcome messages;
  • Reward confirmations;
  • Redemption notifications;
  • Security alerts;
  • Programme updates;
  • Transaction notifications;
  • Account administration notices.

11.2 Such communications are considered necessary for programme administration.

12. Mobile Number Responsibility

12.1 Members are responsible for ensuring their registered mobile number remains current.

12.2 The retailer shall not be responsible for:

  • Lost rewards;
  • Missed communications;
  • Incorrect allocations;

arising from outdated or incorrect contact information.

12.3 Members must promptly notify the retailer of any change in contact details

13. Incorrect Allocations and Adjustments

13.1 The retailer reserves the right to reverse, remove or adjust points, rewards and benefits that have been:

  • Awarded incorrectly;
  • Generated through system errors;
  • Obtained through fraud;
  • Obtained through misuse;
  • Duplicated unintentionally.

13.2 Such adjustments may occur without prior notice

14. Employee Participation

14.1 Employees, contractors and immediate family members may participate unless otherwise specified.

14.2 Certain promotions, campaigns or competitions may exclude employees.

14.3 Additional rules may apply to employee participation.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, the retailer shall not be liable for:

  • System outages;
  • Technical failures;
  • Communication delays;
  • Lost data;
  • Lost rewards arising from customer error;
  • Third-party service interruptions.

15.2 Nothing in these Terms limits any consumer rights that cannot lawfully be excluded under the Consumer Protection Act

16. Suspension and Termination

16.1 The retailer may suspend or terminate membership where:

  • Fraud is suspected;
  • Programme abuse occurs;
  • False information is supplied;
  • These Terms are breached.

16.2 Upon termination:

  • Membership ceases immediately;
  • Rewards may be forfeited;
  • Unredeemed points may expire.

 

17. Changes to the Programme

17.1 The retailer may amend these Terms and Conditions from time to time.

17.2 Updated Terms will be made available through appropriate communication channels.

17.3 Continued participation constitutes acceptance of amended Terms.

18. Governing Law

18.1 The Programme shall be governed by the laws of the Republic of South Africa.

18.2 The retailer shall administer the Programme in accordance with:

  • Consumer Protection Act, 68 of 2008 ("CPA");
  • Protection of Personal Information Act, 4 of 2013 ("POPIA");
  • Electronic Communications and Transactions Act, 25 of 2002 ("ECTA");
  • Any other applicable legislation.

18.3 Nothing in these Terms shall limit any rights afforded to consumers under applicable law.

19. Contact Details

Questions regarding the Programme, privacy, rewards or these Terms and Conditions may be directed to:

[Retailer Name]

Email: [Insert Email]

Telephone: [Insert Telephone Number]

Website: [Insert Website]

Physical Address: [Insert Address]

ANNEXURE A: SAMPLE PROMOTIONAL WELCOME REWARD WORDING

WELCOME REWARD

R50 off your next purchase of R250 or more.

Valid until: [DD Month YYYY] / Valid for [X] days from issue.

Single-use promotional reward. Not redeemable for cash. Not transferable. One reward per customer / mobile number. Valid on qualifying purchases only. Cannot be used in conjunction with selected other promotions unless expressly stated. T&Cs apply.

Important distinction: This is a Promotional Reward / special offer and is not a purchased Gift Voucher, prepaid voucher, gift card or stored-value instrument.

 

POPIA CONSENT STATEMENT

By joining the Programme, I consent to the collection, storage and processing of my personal information for purposes relating to Programme administration, customer identification, transaction linking, rewards management, customer service, analytics, fraud prevention and related operational purposes in accordance with the Protection of Personal Information Act, 4 of 2013.

 

OPTIONAL MARKETING CONSENT

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