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;

“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;

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

“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;

“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” 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; and

“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:

o once You register for the Virgin Active Rewards Programme;

o each and every time You access the App or any other platform where the Virgin Active Rewards Programme is offered; and/or

o 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 18 (eighteen) 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:

o You have downloaded the latest version of the App from the relevant App store;

o You have created a secure password; and

o 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:

o (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;

o (ii) You have remained inside a Club for an uninterrupted minimum duration of at least 30 (thirty) minutes; and

o (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:

o 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

o 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:

o You achieve 12 (twelve) consecutive Weekly Goals over 12 (twelve) consecutive weeks;

o You achieve 26 (twenty-six) consecutive Weekly Goals over 26 (twenty-six) consecutive weeks; and

o 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:

o a voucher from one of Our Rewards Partners; or

o 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:

o 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”;

o 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

o 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

o 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:

o Bronze Tier (entry-level);

o Silver Tier (mid-level); and

o 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:

o You terminate Your Virgin Active contract or membership; or

o 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:

o 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

o 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:

o 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.

o 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:

o You will have 30 (thirty) days to spend any unredeemed rewards; and

o 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):

o 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;

o 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);

o 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;

o 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

o 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:

o 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;

o You will no longer be entitled to any rewards, benefits or services from the Virgin Active Rewards Programme; and

o 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 –

o If delivered by hand, or by electronic mail, be deemed to have been duly received by the addressee on the date of delivery;

o 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.

App & Rewards T&Cs