Polo Club Terms

Polo Rewards.

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Polo Rewards

1. Introduction

1.1. These terms and conditions (the “Terms”) apply to the Polo Rewards Loyalty Programme (“Polo Rewards”) and the Polo Rewards mobile application (“the App”). Any person who makes use of the App (“you”, “your”, “Polo Rewards Members”) shall be bound by these Terms.
1.2. Polo Rewards and the App are operated by LA Retail Holdings (Pty) Ltd, trading as Polo (“Polo”, “us”, “we”, “our”), a company duly incorporated in accordance with the laws of South Africa.
1.3. By participating in Polo Rewards, you agree to be bound by and adhere to these Terms, as amended, altered or updated from time to time. You may not participate in Polo Rewards unless you accept these Terms, as may be updated or altered by Polo from time to time.
1.4. Where applicable, these Terms will apply in conjunction with Polo’s standard terms and conditions of sale, including Polo’s refunds and exchanges policy available in store or online at www.polo.co.za.
1.5. Polo Rewards and the App are only available for download and use within South Africa.
1.6. No person under the age of 18 should register for Polo Rewards or use the App without their parent or legal guardian’s consent and supervision.

2. Registration

2.1. You can join and participate in Polo Rewards by downloading the App from your Apple or Android operated mobile device. Once downloaded you can open the App and complete the registration process.
2.2. In order to register a profile, you must provide personal information including your birth date, email address and mobile phone number. Only South African mobile phone numbers will be accepted.
2.3. You can cancel your membership and unsubscribe at any time by notifying Polo under the “Connect with Us” section.
2.4. All information that you provide when registering a profile must be true, accurate and complete.
2.5. Providing false information and/or creating multiple profiles constitutes fraud and may lead to your profile being terminated with immediate effect, in which case you will lose all rewards and/or benefits which you have accumulated on the App.
2.6. It is your responsibility to ensure that no unauthorised persons access the App on your mobile device.
2.7. The App is personal to you and you may not allow others to use your profile.

3. Marketing communications

3.1. By participating in Polo Rewards, you agree to receive direct marketing communications related to Polo goods, services and/or offerings.
3.2. If you no longer wish to receive marketing communication from Polo, please notify us via the App under the ‘Connect with us’ section.

4. Loyalty discounts

4.1. Polo Rewards Members will receive a loyalty discount (‘discount’) on each purchase at a Polo retail store or online at www.polo.co.za.
4.2. Your discount will be applied:
- 4.2.1. upon producing your unique QR code available via the App on completion of a qualifying purchase at a Polo retail store; or
- 4.2.2. at checkout when completing a qualifying purchase online, provided you have logged onto www.polo.co.za using the mobile
  number and PIN linked to the App.
4.3. Loyalty discounts apply as follows:
- 4.3.1. Gold Rewards Members will receive a 10% loyalty discount (‘discount’) on each purchase of R1500.00 or more;
- 4.3.2. Platinum Rewards Members will receive a 12.5% loyalty discount (‘discount’) on each purchase of R1500.00 or more;
- 4.3.3. Diamond Rewards Members will receive a 15% loyalty discount (‘discount’) on each purchase of R1500.00 or more.
4.4. It is your responsibility to check that the discount reflects as soon as the transaction is complete.
4.5. If the discount does not reflect, please notify us immediately via the App under the “Connect with Us” section in order that we can investigate and rectify if necessary.
4.6. A loyalty discount can only be redeemed once.
4.7. Discounts expire 12 months after issue.
4.8. Discounts cannot be exchanged for cash.
4.9. If the full amount of a loyalty discount or tier-up voucher is not used, the balance is not carried forward and is forfeit.
4.10. Refunds for purchases made in respect of which discounts were applied, will be given at the invoice value, less the value of the discount.

5. Polo Rewards tiers

5.1. You are automatically a Gold Rewards Member on joining Polo Rewards.
5.2. You automatically tier up to a Platinum Rewards Member on accumulated purchases of R15 000.00 or more.
5.3. You automatically tier up to a Diamond Rewards Member on accumulated purchases of R30 000.00 or more.
5.4. Your purchase balance resets to zero on 31 July each year.
5.5. You will receive a once-off tier up voucher of R500.00 when you tier up to Platinum Rewards and a once-off tier-up voucher of R1 000.00 when you tier up to Diamond Rewards. Tier-up vouchers are valid for 12 months from issue.
5.6. Only one tier up voucher can be redeemed per transaction.
5.7. A tier-up voucher may only be redeemed once and thereafter is invalid.

6. Virtual gift cards

6.1. Virtual gift cards (‘gift cards’) can be purchased via the App under the ‘Gifting’ section.
6.2. Sending gift cards
- 6.2.1. The minimum amount of a gift card is R100 and the maximum amount is R2000.
- 6.2.2. Gift cards are sent to recipients via SMS and you will be required to provide the recipient’s mobile phone number.
- 6.2.3. No discounts will apply to purchases of gift cards.
6.3. Redeeming gift cards
- 6.3.1. Gift cards can be redeemed by the recipient at a Polo retail store:
  - 6.3.1.1. by producing the unique gift card numerical code sent to the recipient by SMS; or
  - 6.3.1.2. if the recipient is a Polo Rewards Member, by producing the gift card QR code available via the App.
6.4. Gift cards cannot be redeemed against online purchases at this time.
6.5. Gift cards cannot be returned or exchanged for their cash equivalent.
6.6. When returning or exchanging items purchased with a gift card, the original receipt as well as the mobile number to which the gift card was sent by SMS will be required for verification purposes.
6.7. Refunds for purchases in-store or online in respect of which a gift card was applied, will be loaded back onto the gift card up to the value used for such purchase.
6.8. Gift cards cannot be transferred.
6.9. Gift cards are valid for 3 years from date of purchase and will expire after such period.
6.10. Gift cards may only be redeemed until the full value is depleted and thereafter are invalid.

7. Loyalty vouchers

7.1. We may offer personalized loyalty vouchers to Polo Rewards Members (for e.g., a birthday voucher) from time to time, but these shall be at our sole discretion and are not guaranteed.
7.2. Your loyalty voucher will be applied:
- 7.2.1. when you produce the loyalty voucher QR code available via the App on completion of a purchase at a Polo retail store; or
- 7.2.2. at checkout when completing a purchase online, provided you have logged onto www.polo.co.za using the mobile number and PIN linked to the App.
7.3. Loyalty vouchers cannot be exchanged for the cash equivalent.
7.4. We can only send a birthday voucher if you have completed your birth date on your profile.
7.5. Loyalty vouchers may only be redeemed once and thereafter are invalid.
7.6. Loyalty vouchers must be redeemed before the stipulated expiry date.
7.7. Loyalty vouchers cannot be redeemed against exchanged items.
7.8. Refunds for purchases in respect of which a loyalty voucher was applied will be given at the invoice value, less the value of the loyalty voucher used at the time of purchase.

8. Cappuccino vouchers

8.1. Polo Rewards Members may receive a virtual cappuccino voucher if they spend R1 500.00 or more per transaction.
8.2. In order to obtain the cappuccino voucher, you must:
- 8.2.1. produce your unique QR code available via the App on completion of a qualifying purchase at a Polo retail store; or,
- 8.2.2. make a qualifying purchase online, provided you have logged onto www.polo.co.za using the mobile number and PIN linked to the App.
8.3. The cappuccino voucher will be sent to you by SMS within 48 hours of purchase.
8.4. Cappuccino vouchers can only be redeemed at a Vida e Caffe store. You must produce the numerical code received via SMS at the Vida e Caffe store in order to redeem your cappuccino voucher.
8.5. Cappuccino vouchers can be redeemed for any hot beverage up to a maximum of R30.00.
8.6. No change will be given against cappuccino vouchers.
8.7. Cappuccino vouchers must be redeemed before the stipulated expiry date.
8.8. Vida E Caffe’s terms and conditions of sale will apply in addition to these Terms.

9. Payment

9.1. Payments via the App may be made by Visa and MasterCard only.
9.2. Card transactions will be processed via Polo’s payment service provider PayGate (Pty) Ltd (‘PayGate’).
9.3. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3(SSL3) and no card details are stored on PayGate’s website.
9.4. The country at the time of presenting payment options to the cardholder is South Africa and transaction currency is South African Rand (ZAR).
9.5. You may visit www.paygate.co.za to view PayGate’s security certificate and security policy and/or for any further information related to PayGate.

10. Your information

10.1. When registering your profile on the App, we will need to collect certain information from you including your name, surname, date of birth, and mobile number, as well as your credit or debit card details for the purposes of accepting card payments via the App.
10.2. We do not store any credit card data on our system, but we transmit encrypted information to PayGate to facilitate payments. We do not share any unencrypted credit card information with third parties.
10.3. We collect as much information as we need to provide the services on the App to you and to offer you personal vouchers from time to time. We will not process or share your information for any other purpose without your permission. By agreeing to these Terms, you give us permission to send you SMS and/or email messages for OTP purposes and for purposes relating to orders, queries, marketing and promotions, or for any other lawful reason.
10.4. If your location settings are enabled on your mobile device, the App may, from time to time, use GPS (or similar) technology in order for you to utilize our “Locate a Store” feature. However, we do not store or share this location data on our system. We may use App-trackers from time to time, but only for analytics purposes. Data in this regard is anonymous and we do not use it for any marketing purposes.
10.5. We have the right to monitor your use of the App for the purpose of operating and improving the App (including, without limitation, for fraud prevention, risk assessment, investigation and customer support purposes and to ensure your compliance with these Terms and compliance with applicable law).
10.6. All data provided to us is stored on our secure servers or those of our trusted service providers. We implement appropriate, generally accepted technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction or damage, including encryption where appropriate. Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee 100% security of your data transmitted to our servers.
10.7. In order to participate in promotions and activities made available on the App, you may use certain functions provided by the App in order to share and post content on your social media profiles. By making use of such functions, you consent to the sharing and posting of such content.
10.8. If you have any questions about how we process information about you, please view our Privacy Notice, available on www.polo.co.za.

11. Intellectual Property

11.1. You acknowledge that any and all copyright, trade marks, trade names and other intellectual property (“Intellectual Property”) subsisting in or to the App are and shall remain the sole property of Polo, its licensors and/or its service providers. You shall not during or at any time after the expiry or termination of these Terms in any manner, question or dispute the applicable proprietor’s ownership of the relevant Intellectual Property.
11.2. Polo graphics, logos, page headers, button icons, scripts and service names are the property of Polo or its licensors, as the case may be. Polo trademarks and trade dress may not be used without prior written authorisation or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the relevant proprietors. All other trademarks not owned by Polo that appear on the App are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. You may not use such trade marks without prior written consent from the relevant owners.
11.3. You agree:
- 11.3.1. not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the trade marks used in relation to the App (the “Trade Marks”) or which marks are likely to be related to the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of the Trade Marks;
- 11.3.2. not at any time to do or cause to be done any act or thing in anyway that will impair or tend to impair any part of Licensor’s rights, title and interest in and to the Intellectual Property; and
- 11.3.3. not in any way to make unauthorised use of the Intellectual Property or to represent that you have any rights of any nature in the Intellectual Property or any registrations thereof.
11.4. The content of the App, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms. You must not use or apply, alter, or modify, for commercial or other purposes, any information, material or data contained in the App, without the prior written consent of the Licensor.

12. Your use of the App

12.1. When using the App, you specifically agree not to upload or transmit any content or engage in any activity that:
- 12.1.1. breaches any of these Terms:
- 12.1.2. constitutes an inauthentic or knowingly erroneous rating of your in- store Polo experience;
- 12.1.3. is illegal, or violates any law or regulation;
- 12.1.4. attempts to impersonate another person or entity;
- 12.1.5. accesses or uses the profile of another App user without that user’s express permission;
- 12.1.6. interferes with, disrupts, or destroys the functionality or use of any features of the App or the servers or networks connected to the App;
- 12.1.7. “hacks”, or accesses without permission, our proprietary or confidential records, or records of another App user;
- 12.1.8. collects, accesses, or stores personal information about other App users;
- 12.1.9. is posted by a bot.
12.2. You may not abuse or misuse the App or in any manner manipulate or tamper or interfere with the App or its operation. Abuse, misuse or fraudulent use of the App can result in Polo terminating your membership to Polo Rewards and instituting legal proceedings against the you.
12.3. If your phone is lost or stolen please contact our customer service centre on 011 258 7600 and we will deactivate your profile.

13. Warranties and liability

13.1. You acknowledge that the App in general is not error free.
13.2. There will be times when the availability of the App and/or Polo retail store point of sale systems and/or www.polo.co.za may be interrupted for scheduled maintenance or upgrades, for emergency repairs or due to failure of telecommunications links and equipment that are beyond our reasonable control. Vouchers, gift cards or discounts may not be available for use and we will not be liable for any inconvenience, loss or damage suffered as a result of such interruptions.
13.3. The App requires internet access to function. We are not responsible for any interruption to your use of the App due to lack of internet connection.
13.4. To the extent permitted by law, Polo has no liability for any loss, damage, cost, expense, injury, claim or penalty of whatsoever nature including, but not limited to, direct, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms, the designated device or the App, whether caused by latent or patent defects in the App and/or the designated device, or the use of the App and/or designated device or otherwise.
13.5. Except to the extent expressly provided for in these Terms, Polo gives no warranties or representations, whether expressed or implied in relation to the App, or the designated device.
13.6. Polo shall not be liable and you hereby indemnify Polo against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by you or any third party in relation to any act or omission of yours in relation to the App and/or the designated device, or the use thereof or arising from the provisions of these Terms.
13.7. You agree that if incorrect data is captured using the App, or if data is captured incorrectly, the results generated by the App will be incorrect. Polo shall not be responsible for incorrect data captured, or data captured incorrectly, using the App.

14. General terms

14.1. These Terms will be governed and construed in accordance with the laws of the Republic of South Africa, and any disputes between you and us relating to these Terms will be subject to the jurisdiction of the relevant South African court.
14.2. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14.3. Nothing in these Terms is intended to unlawfully limit or restrict any rights or obligations in terms of the Consumer Protection Act, 2009 or the Protection of Personal Information Act, 2013.
14.4. In the event of a dispute regarding any aspect of membership of the Polo Rewards and/or these Terms, Polo’s decision will be binding and final and no correspondence will be entered into.
14.5. Polo reserves the right to amend, alter, terminate or suspend the Polo Rewards, the App or any aspect of it and/or any related promotions or offers at any time if events or circumstances occur outside its control which makes this necessary. You will have no recourse whatsoever against Polo and in this event.
14.6. Polo reserves the right to amend these Terms from time to time. By continuing to use the App, you agree to keep up-to-date with the latest version of these Terms, and to such amendments to these Terms. You shall automatically be bound by any amendments to these Terms, whether or not Polo took any action to inform you of such amendments as a result of using the App or participation in the Polo Rewards.

15. Disclosure of information

Merchant: LA Retail Holdings Proprietary Limited trading as Polo
Registration number: 2005/014410/07
Place of registration: Republic of South Africa.
Physical address: Block A, 52 Corlett Drive, Illovo, Sandton.
Postal address: P O Box 1452, Kelvin, 20154
Telephone number: 011 258 7600
E-mail address: [email protected]
VAT number: 4730220383