Club Rip Curl Terms & Conditions

Club Rip Curl

Club Rip Curl is a membership programme that connects and rewards people who live for surf and the beach. Members get a steady stream of tips, tricks, hacks and epic product built to make the whole surf and beach experience better.

Effective date: [DD MONTH YYYY]

Introduction
Definitions
Eligibility
Earning Points on Eligible Purchases
Other Ways to Earn Points
Additional Member Benefits
Using Points
Expiry of Points
Vouchers
Refunds
Member Obligations and Responsibilities
Communications, Privacy and Opting Out
Termination or Suspension of Membership
Other Important Terms

1. Introduction

1.1. These Terms and Conditions govern Club Rip Curl. Every Member is responsible for reading and understanding them.

1.2. These Terms apply from the effective date shown above and may be changed by Rip Curl from time to time. The version in force is always the one published at this page.

1.3. All Members are bound by these Terms.

1.4. Nothing in these Terms limits any right a Member has under the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA) or the Protection of Personal Information Act 4 of 2013 (POPIA). Where any provision of these Terms conflicts with those Acts, those Acts prevail.

2. Definitions

In these Terms, capitalised words carry the meanings set out below unless the context says otherwise.

2.1. Activity means any transaction or action through which a Member earns Points, or uses or redeems Points, under these Terms.

2.2. Benefit means any benefit a Member receives under these Terms, including earning Points, using Points and any other member benefit.

2.3. Club Rip Curl Account or Member Account means the online dashboard holding the Member's details, profile and Points Balance, including the record of Points earned and Points used.

2.4. Rand, cents and R mean South African Rand. All amounts in these Terms are in ZAR and include VAT at the prevailing rate unless stated otherwise.

2.5. Eligible Family Member means a person related to a Member in any of these ways:

Spouse or civil union partner
Life partner or permanent domestic partner
Parent or step-parent
Child, including a foster child, adopted child or step-child
Brother or sister
Half-brother or half-sister

2.6. Eligible Person means a natural person who is ordinarily resident in the Republic of South Africa and is 18 years or older.

2.7. Eligible Purchase means a purchase by a Member at retail level, and not for resale, of:

any product from a Rip Curl Store; or
a Rip Curl branded product from a Multibrand Store.

2.8. Eligible Stores means Rip Curl Stores and Multibrand Stores.

2.9. Membership means membership of Club Rip Curl.

2.10. Member means a current member of Club Rip Curl.

2.11. Multibrand Store means any physical or online multi-brand retailer in South Africa that sells genuine new Rip Curl products to end consumers, having bought those products directly from Rip Curl.

2.12. Terms means these Terms and Conditions as amended from time to time.

2.13. Points means Club Rip Curl points earned by Members under these Terms.

2.14. Points Balance means the running balance of Points held by a Member as reflected in the Club Rip Curl Account, being Points earned less Points used or redeemed.

2.15. Points Value means the monetary value at which Points are redeemed, being 100 Points to 5 cents (R0.05).

2.16. Rip Curl means [FULL LEGAL ENTITY NAME] (Registration Number [XXXX/XXXXXX/XX]), a company incorporated in the Republic of South Africa, together with its holding company, subsidiaries and related companies, and where the context requires, the Rip Curl brand.

2.17. Rip Curl Store means:

Rip Curl branded flagship and outlet stores located in South Africa, listed here (Rip Curl Physical Stores); and
the Rip Curl owned ecommerce website at [www.ripcurl.co.za] (Rip Curl Online Store).

3. Eligibility

3.1. Membership is open to Eligible Persons only. An Eligible Person joins by signing up and supplying the information requested. Sign-up is available in a Rip Curl Physical Store, on our website, through the Search GPS Watch app, or by contacting our Customer Support Team.

3.2. No purchase is needed to join.

3.3. Points may only be earned and used in South Africa. All amounts in these Terms are in Rand.

3.4. Products bought using Points or any other Club Rip Curl Benefit may not be resold for profit.

3.5. One Membership per Eligible Person. Members must use their real name and supply a current address, contact number and date of birth, and must keep all information supplied accurate and up to date.

3.6. Members must update their Member Account as soon as reasonably possible after any change to their name, address, email address or other details. Rip Curl may ask for written proof of a change. Rip Curl is not responsible for a Member's failure to keep their details current and accurate.

3.7. Rip Curl may ask a Member or applicant for further information or evidence where it reasonably needs this to run Club Rip Curl, to confirm eligibility, or to confirm entitlement to a Points Balance.

3.8. Rip Curl may decline an application for Membership, or end a Membership, where it has reasonable grounds to do so, including a breach of these Terms.

3.9. Rip Curl crew and employees may not take part in Club Rip Curl, and staff purchases do not earn Points.

4. Earning Points on Eligible Purchases

4.1. A Member earns one hundred Points for every R1.00 spent on an Eligible Purchase, VAT included. Points are not rounded, so an Eligible Purchase of R799.50 earns 79,950 Points.

4.2. Points are earned only on the Rand amount actually paid. No Points are earned on the portion of a purchase settled with Points, a Voucher or a gift card.

4.3. Points are calculated on the final retail price actually paid after any discount, VAT included. Where a discount applies to a basket of several products, it is apportioned equally across those products.

4.4. For a purchase at a Rip Curl Store to load automatically, the Member must identify themselves as a Club Rip Curl Member at the time of purchase, either by telling our store crew in a Rip Curl Physical Store or by logging into their Club Rip Curl Account before checking out online.

4.5. For a purchase of Rip Curl product from a Multibrand Store, or from a Rip Curl Store where the Member did not identify themselves at the time, the Member must verify the purchase within 6 months of the purchase date. Verification runs through a short process in the Member Account and requires a copy of the tax invoice showing the products bought and the price paid.

4.6. If a Member returns a product for a refund and Points were earned on it, the refunded amount is deducted from the Member's accumulated spend and the corresponding Points are removed from the Points Balance. Members must identify themselves as Members when returning product to a Rip Curl Store, including by logging into their Club Rip Curl Account when using the online returns process.

4.7. Where Points were earned on a Rip Curl product bought from a Multibrand Store and that product is later returned, the Member must supply details of the return through the process in clause 4.5 so that the relevant Points can be deducted.

5. Other Ways to Earn Points

Members may also earn Points in the ways set out below. Each of these is offered at Rip Curl's discretion, may be varied, suspended or withdrawn on reasonable notice, and may carry its own additional terms. Rip Curl may add further ways to earn Points from time to time on the terms it announces at the time.

5.1. Surfing with a Rip Curl Search GPS watch

Members who own and have registered a Rip Curl Search GPS watch and the related app earn 200 Points per wave surfed, captured on the watch and uploaded to the Search GPS app.
Rip Curl may offer further Points-earning opportunities for Search GPS users based on other criteria it identifies, for example number of surfs, session duration, swell size or wave speed, and may extend the offer to other GPS surf devices.
Points earned from surf statistics uploaded to the Search GPS Watch app are capped at 80,000 Points per Member per year.
Points are earned only for waves actually surfed by the Member and recognised by the Search GPS Watch app. Rip Curl may decline to recognise uploaded data as earning Points where it has reasonable grounds to suspect fraud or manipulation. The accuracy of the GPS service and of the measurements captured by the watch and app is not warranted. See the Search GPS Watch and App Terms and Conditions here.
Rip Curl may extend this benefit to other devices and apps, including Garmin, Nixon, Wahoo and Apple watches.

5.2. Product reviews

Rip Curl may invite Members to review products they have bought, with rewards of up to 10,000 Points per review. These offers are made at Rip Curl's discretion and on the specific terms announced at the time. Rewards are never based on the rating given or the content of the review.

5.3. New member referrals

Rip Curl may reward Members with up to 10,000 Points for each new Member they refer to Club Rip Curl, on the terms announced at the time.
The referrer must already be a Member at the moment the new person signs up in order to earn the Points.

5.4. Bonus Points offers

Rip Curl may offer additional or bonus Points at times or for milestones it identifies, on the terms announced at the time.

6. Additional Member Benefits

On top of earning Points, Members enjoy the following Benefits.

6.1. Digital membership card. A digital membership card is available for download and can be saved to the digital wallet on supported phones and devices. Physical cards are not issued. The digital card allows a Member to be recognised at the till in any Rip Curl Physical Store.

6.2. Surf lessons and coaching. One month's free membership of the Rip Curl Surf Better Now online surf school, with coaching content matched to the Member's nominated surfing ability. The offer is valid for up to 12 months from the date the Member joins.

6.3. Annual birthday gift. Members receive a R[AMOUNT] Voucher towards Rip Curl products at Rip Curl Stores. The birthday Voucher is issued electronically and is subject to the terms Rip Curl publishes with it and to clause 9 below.

6.4. Free online shipping. Members receive free standard shipping within South Africa on online orders of R[THRESHOLD] or more in a single transaction from the Rip Curl Online Store. Express and courier upgrade options are excluded. Delivery to outlying areas may be excluded or may carry a surcharge, as set out in our Shipping Policy.

6.5. Extended change of mind returns. Members may use Rip Curl's change of mind return right for 40 days from purchase, instead of the standard 30 days. This is in addition to, and does not limit, a Member's rights under the CPA and ECTA, including the right to cancel an electronic transaction within 7 days under section 44 of ECTA and the right to return goods under section 20 of the CPA.

6.6. Support for grassroots surf and beach organisations. Members may nominate a boardriders club, surf club or lifesaving club in South Africa of which they are a member. Rip Curl will match the gross Points that Member accumulates in a year, ignoring Points used, with a Points donation to that club towards products or experiences for its members.

6.7. Priority access. Members may get early sight of new ranges, products and offers up to 48 hours before they go public.

6.8. Family Points pooling. Eligible Family Members may combine their Points through a short process in the Member Account, so that pooled Points can buy higher value products or experiences than a single balance allows. Pooling is limited to a maximum of 6 Eligible Family Members.

6.9. Wetsuit recycling Voucher. Rip Curl may announce annual wetsuit recycling amnesty days on which Members can bring old wetsuits of any brand into nominated Rip Curl stores for recycling under the Rip Curl wetsuit recycling programme, and receive a R[AMOUNT] wetsuit recycling Voucher.

6.10. Goodbye receipts. Electronic receipts are stored against the Member Account for purchases made as a Member that earn or use Points, so Members do not need to keep paper slips for warranty or return purposes on those transactions.

7. Using Points

7.1. Rip Curl product. Members may use Points towards Rip Curl branded products in Rip Curl Physical Stores or on the Rip Curl Online Store, at the Points Value and against the final retail price after any discount, VAT included. Points may be combined with cash where the Points Balance is not enough to cover the full price. Points may not be used to buy gift cards or e-gift cards. Points may not be used in Multibrand Stores.

7.2. Rip Curl experiences. Rip Curl may offer unique experiences to Members from time to time, by fixed price, auction or another method, at its discretion and on the terms it announces. Experiences are purchasable with Points only, with no cash top-up.

8. Expiry of Points

8.1. Points expire [XX] months after the date they are earned, unless used before then. The expiry date applicable to each tranche of Points is shown in the Member Account.

8.2. A Points Balance ends and all Points expire on:

the death of the Member;
termination of the Membership for breach of these Terms; or
the Member ending their Membership.

8.3. Rip Curl will notify a Member by email before their Points are due to expire.

9. Vouchers

Members may be issued with Vouchers from time to time. The conditions below apply to any Voucher, in addition to any specific terms shown on the Voucher or announced when it is issued.

9.1. A Voucher may be used only by the Member it was issued to, and only towards Rip Curl branded products at Rip Curl Stores.

9.2. Only one Club Rip Curl Voucher may be applied to a single transaction.

9.3. A Voucher is valid for the period stated on it. Rip Curl will not set a validity period shorter than the minimum required by section 63 of the CPA where that section applies.

9.4. Vouchers may be redeemed at any Rip Curl Store.

9.5. A Voucher, and any unused portion of it, expires at the end of its validity period.

9.6. To redeem a Voucher online, the Member must log into their Club Rip Curl Account and follow the redemption steps in the cart summary.

9.7. Vouchers may not be used to buy gift cards or e-gift cards.

9.8. Vouchers may not be exchanged for cash.

9.9. Vouchers may not be combined with one another, including between Eligible Family Members. To use a Voucher, the Member must log into their Club Rip Curl Account online or identify themselves as the Member in store.

9.10. Rip Curl may issue further Vouchers with different validity periods and on additional or alternative terms. Where those terms conflict with the above, they prevail to the extent of the conflict.

10. Refunds

10.1. A refund is made in the same form as the original payment. If Points were used, Points are credited back. If Points and cash were both used, Points are credited to the extent used and cash refunded to the extent used. If a Voucher was used, a replacement Voucher is issued with the same expiry date as the original.

10.2. Where several products were bought using more than one payment form and one product is returned for a refund, the refund is applied in this order:

first, Points are credited to the Member Account up to the value of Points used in the original transaction;
second, if an amount is still owing and a Voucher was used, a replacement Voucher is issued with the original expiry date, up to the lesser of the Voucher amount and the balance owing; and
third, any remaining balance is refunded to the other payment method used, so a card payment is refunded to that card and a cash payment is refunded in cash.

10.3. This clause does not limit a Member's right to a refund under the CPA or ECTA.

11. Member Obligations and Responsibilities

11.1. Members must not:

act in a way that breaches these Terms;
engage in any unlawful or fraudulent activity connected to earning or using Points; or
sell, assign, transfer, acquire or use Points other than as allowed by these Terms.

11.2. Members must tell Rip Curl about any missing or incorrect Points entry within 6 months of the relevant Activity.

12. Communications, Privacy and Opting Out

12.1. Rip Curl collects a Member's personal information when they join so that it can administer the Membership and send them offers and information. By joining Club Rip Curl, the Member consents to being contacted for this purpose. Rip Curl processes personal information in line with POPIA and with its Privacy Statement, which sets out in detail what is collected, why, who it is shared with and how long it is kept.

12.2. Members may opt out of marketing communications at any time through their Member Account or by using the unsubscribe link in any marketing email. Opting out does not end the Membership.

12.3. Service communications about the Membership itself, including notices under clauses 8.3, 13 and 14.2, are sent to every Member whether or not they have opted out of marketing.

12.4. Members have the rights set out in POPIA, including the right to ask what personal information Rip Curl holds about them, to ask for correction or deletion, to object to processing, and to lodge a complaint with the Information Regulator. Requests may be sent to [INFORMATION OFFICER EMAIL]. Rip Curl's Information Officer is [NAME], contactable at [EMAIL] and [POSTAL ADDRESS]. The Information Regulator can be reached at complaints.IR@justice.gov.za.

12.5. Members may cancel their Membership at any time by telling us. Any Points held at that time are cancelled and the Member is unsubscribed from marketing communications.

12.6. This clause survives the ending of these Terms and of Club Rip Curl.

13. Termination or Suspension of Membership

13.1. Rip Curl gives no warranty that Club Rip Curl will continue indefinitely and may suspend or close the programme. If it decides to do so, it will give Members at least 30 days' notice. Members may redeem their Points Balance during the notice period under these Terms, and any Points left unused when the programme closes will expire.

13.2. A breach of these Terms by a Member may result in immediate termination of the Membership and loss of the Points Balance and other Benefits. Rip Curl may review Member details and audit Points Balances to confirm eligibility and entitlement, and may suspend a Membership during a review, during which Points may not be redeemed.

13.3. Where a Membership is suspended or terminated, the Member is not entitled to compensation for expired Points or lost Benefits.

14. Other Important Terms

14.1. By accepting Membership and any Benefit, a Member agrees to these Terms and to any change to them, and agrees to keep their contact details current.

14.2. Rip Curl may change these Terms from time to time, including the Benefits on offer. Rip Curl will make reasonable efforts to communicate changes through channels including the Club Rip Curl newsletter, email to the address in the Member Account, the Member Account itself, SMS or push notification. Changes take effect from the date of the change or its stated effective date, and continued Activity is taken as acceptance.

14.3. Where a change limits or reduces a Benefit, Rip Curl will give 30 days' notice. Where a change relates to the Other Ways to Earn Points in clause 5, Rip Curl will give 14 days' notice. Where a change would cause Points to expire earlier than they otherwise would, Rip Curl will give notice by email to the address in the Member Account in addition to any other method.

14.4. If any part of these Terms is invalid, unlawful or unenforceable, it will first be read down to avoid that outcome. If that is not possible, it will be severed and the rest of these Terms will remain in full force.

14.5. Nothing in these Terms excludes, limits or modifies any right, guarantee or remedy a Member has under the CPA, ECTA, POPIA or any other law that cannot lawfully be excluded, limited or modified. In particular, nothing in these Terms is intended to have any effect prohibited by section 51 of the CPA.

14.6. Members should read this clause and clause 14.7 carefully. They limit Rip Curl's liability and describe the risks a Member accepts by joining Club Rip Curl. They do not limit liability for gross negligence, wilful misconduct or fraud, and they do not apply where the CPA prohibits such a limitation.

14.7. Subject to clauses 14.5 and 14.6, and to the extent the law allows:

Rip Curl and its directors, employees and agents are not liable for indirect, incidental, special or consequential loss, or for loss of profit or loss of opportunity, arising out of or in connection with these Terms or Club Rip Curl, including any change to these Terms or any suspension or closure of the programme, except to the extent the loss arises from their gross negligence, wilful misconduct or fraud.
The total liability of those persons to a Member for all other claims arising out of or in connection with these Terms or Club Rip Curl will not exceed the greater of the Points Value of the Member's Points Balance immediately before the event giving rise to the claim, and R[AMOUNT], except to the extent the liability arises from their gross negligence, wilful misconduct or fraud.
If any part of this clause is unenforceable in respect of a claim, it continues to apply to all other claims and the unenforceable part will be enforced to the fullest extent permitted.

14.8. All content and materials used in Club Rip Curl promotional material belong to Rip Curl and are protected under the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993.

14.9. More information about Club Rip Curl, and answers to common questions, are available in our Help Centre through the Member Account dashboard.

14.10. These Terms and Membership of Club Rip Curl are governed by the law of the Republic of South Africa. Members consent to the jurisdiction of the [Western Cape Division / Gauteng Division] of the High Court of South Africa, and, where the amount in dispute falls within its jurisdiction, to the Magistrate's Court under section 45 of the Magistrates' Courts Act 32 of 1944.

14.11. A Member who is not satisfied with how a complaint has been handled may refer the matter to the National Consumer Commission or to the Consumer Goods and Services Ombud.

Rip Curl South Africa
[FULL LEGAL ENTITY NAME] (Registration Number [XXXX/XXXXXX/XX])
[PHYSICAL ADDRESS]
[EMAIL] | [PHONE]