WHISPERS REWARDS LOYALTY PROGRAM

Transcription

1 WHISPERS REWARDS LOYALTY PROGRAM The Effective Date: 1 November 2014 A. The following Terms and Conditions (hereinafter referred to as the Terms & Conditions and Program Terms and Conditions ) apply to membership of the ("Whispers Rewards Loyalty Program" and the Loyalty Program"). B. The legal owner of the Program is Whispers Rewards Australia ( the Owner ). C. These terms and conditions ( Terms ) govern your membership in the Program and use of any of those websites set out hereunder and any other domain name that may be from time to time be linked to any of those websites set out hereunder:- WhispersGroup.com.au ] WhispersRewards.com.au ] WhispersDirect.com.au ] WhispersDirect.com ] WhispersatHome.com.au ] WhispersOnline.com.au ] ClubWhispers.com.au ] TheDungeonByWhispers.com.au ] LingerieByWhispers.com.au ] JesseJayFashion.com.au ] WhispersBlackBook.com.au ] CasualSexContacts.com.au ] WhispersAdultBoutique.com.au ] AuthenticEscorts.com.au ] hereinafter collectively referred to as the Websites and your use of the websites or any one of them will mean you accept these Terms. D. The following entities whether incorporated or not form the Whispers Group Whispers Rewards Australia ] Whispers Direct Pty Ltd ] Whispers at Home ] Whispers Digital Media ] Club Whispers Pty Ltd ] TheDungeonByWhispers.com.au ] LingerieByWhispers.com.au ] JesseJayFashion.com.au ] WhispersBlackBook.com.au ] WhispersAdultBoutique.com.au ] AuthenticEscorts.com.au ] hereinafter collectively referred to as the Whispers Group Subject to the Terms and Conditions set forth below, members of the will earn points in connection with qualifying purchases at participating Whispers Group Businesses and Online Stores that are redeemable towards those rewards published by the Whispers Group from time to time.

2 Page 2 of 7 PROGRAM MEMBERSHIP 1. ELIGIBILITY: 1.1 No purchase is necessary to join the Loyalty Program. 1.2 You must be age at least eighteen (18) years of age or older and a resident of the Commonwealth of Australia and/or New Zealand to be eligible for membership in the Program. 1.3 The Program is limited to individual membership only, and is limited to one membership account per individual. 1.4 Employees of the Whispers Group and its member, parent and/or subsidiary companies, its affiliates, and divisions, and the officers, directors, shareholders, agents, employees, representatives, associates, successors and assigns (collectively, "Whispers Entities") of each such entity, are not eligible for membership in the Program. 1.5 The Loyalty Program is void where prohibited or restricted by law. 1.6 Loyalty Program points are not transferable and are not for sale, resale, or barter. 1.7 The Whispers Group and its member, parent and/or subsidiary companies, its affiliates, and divisions may also have other similar customer loyalty programs; membership in the Loyalty Program does not confer any rights or benefits in any other programs of the Whispers Group or its parents, subsidiaries, affiliates, and divisions. 2. ENROLMENT: 2.1 By providing your information for participation in the program, you agree, to be bound by these terms & conditions in their entirety. 2.2 In order to become a member of and participate in the Loyalty Program, you must provide mandatory minimum personally identifiable information, including your first name, last name, address, mailing address, date of birth, Facebook user name and your phone number. 3. PRIVACY / DATA COLLECTION: 3.1 The Whispers Group collects and uses the personal information you provide to enable members of the Loyalty Program to participate in the Loyalty Program and for the purpose of administering the Loyalty Program. 3.2 All such personally identifiable information (hereinafter referred to as "Personal Information") is subject to the Whispers Entertainment Groups Privacy Policy (hereinafter referred to as "the Privacy Policy"), which can be found on the websites. 3.3 By submitting an application to become a member of the Loyalty Program, the Applicant acknowledges and agrees that they have read and clearly understand the Privacy Policy and consents and submits to its terms of use. 3.4 Unless an Applicant specifically opts-out to the use of their data to receive future marketing and promotional communications, the Applicants data will be used for the purpose of administering the Loyalty Program and future marketing and promotional communications from the Whispers Group to the Applicant. 3.5 An Applicant may opt-out to the collection and use by the Whispers Group of their data for the purpose of the Whispers Group sending the Applicant future marketing and promotional communications unrelated to the Loyalty Program. 4. PARTICIPATING WHISPERS GROUP ONLINE STORES: 4.1 Currently, the Loyalty Program is available at the following Whispers Group businesses ("Participating Businesses") only:

3 Page 3 of TheDungeonByWhispers.com.au LingerieByWhispers.com.au JesseJayFashion.com.au 4.2 The Owner reserves the right to change, alter and/or amend the number of participating stores without notice to the members or any other third party. 4.3 It is the individual members responsibility to check before making a purchase or redeeming points to confirm current participation in the Loyalty Program. 5. HOW TO OPEN AN ACCOUNT: 5.1 Currently, you may apply to open a membership account (hereinafter referred to as "a Membership Account" or a Members Account ) online at the websites. 6. UNIQUE MEMBERSHIP IDENTIFIER: 6.1 Each Program member ("Member") will be assigned a unique Membership Account, identifiable by provision of the member's name, address, telephone number, home address, and/or a combination thereof. 6.2 Members will not receive a membership card or membership number. 6.3 Member Accounts will be identified by the member name and address. 6.4 In order to receive credit for Qualifying Purchases (as defined herein), to enquire about Account balance, and/or to update or change your personal data, members should log onto the Website. 6.5 The Owner is entitled at any time to request a Member to submit suitable identification in order to assist with verification of account ownership and to assist with the protection and safeguarding of personal information. 7. HOW TO UPDATE MEMBER INFORMATION: 7.1 Members are responsible for keeping the personal information associated with their Membership Account, including but not limited to their address, home address, and telephone number, current by visiting the website and updating their personal information. 8. ACCOUNT CANCELLATION: 8.1 A Member may cancel their Membership and participation in the Loyalty Program at any time by visiting the website. 8.2 Upon cancellation, any unused points accrued in the Members Account will be forfeited and cannot be redeemed. 8.3 The Owner retains the right to cancel a Members Account if, in its sole discretion, it determines that: The Member does not meet the eligibility requirements for membership stated in these terms & conditions; and/or The Member obtained or maintained Membership by means of fraud or other misleading or deceptive practice; and /or The Member is in violation of these terms & conditions. II. HOW TO EARN POINTS 9. GENERAL TERMS: 9.1 Members can earn Program Reward Points ("Reward Points") by making a qualifying purchase ("Qualifying Purchase") at Participating Businesses.

4 Page 4 of When making a purchase, you must first provide your Account information, by logging into your online account 9.3 Purchases made without first logging into your account are not eligible to earn or receive Reward Points. 10. EARNING POINTS AND POINT CALCULATION: 10.1 All Members earn ten (10) points for every one dollar ($1) spent when they: are logged into their Account at the time of purchasing a qualifying product (a Qualifying Purchase) or more than one qualifying product ("Qualifying Products") at Participating Businesses Reward Points are rounded up to the nearest dollar amount. For example, if you spend $9.99, you will receive 100 points. Calculation is as follows: $9.99 x 10 points per dollar = points, which is rounded up to 100 points 11. ACCRUAL AND CONFIRMATION OF POINTS EARNED: 11.1 Reward Points will be credited to your Account immediately and automatically at the time of the corresponding Qualifying Purchase For all Qualifying Purchases, the amount of Reward Points earned during a Qualifying Purchase transaction will not always be reflected on your receipt for that transaction ALWAYS CHECK YOUR RECEIPT AT THE TIME OF PURCHASE: Your Reward Point total for a Qualifying Purchase will be reflected on your receipt only in the form of your Qualifying Purchase total (rounded up to the nearest dollar amount), and not in the form of a separate Reward Point field You may check you Reward Point total at any time by logging into your account online If your Qualifying Purchase total is not reflected, or otherwise appears incorrect, it is your responsibility to immediately notify us by to have the situation reviewed and addressed Occasionally, there may be point-of-sale or system unavailability or other technical issues that limit the ability to reflect on the receipt the Qualifying Purchase total. The Owner assumes no responsibility for such system unavailability or technical difficulty after you have logged off the websites For the sake of clarity, members are solely responsible for notifying the Owner at the time of purchase of any actual or perceived discrepancies or omissions with regard to the qualifying purchase total. If adjustments are warranted, in the sole determination of the owner, then adjustments will be made accordingly within 7 days of receipt of your notification. 12. EXCLUSIONS: 12.1 Members earn Reward Points only on the purchase of Qualifying Products at Participating Stores Products deemed Qualifying Products are in the sole discretion of Participating Businesses The following products, items, charges, and purchases are Specifically Excluded as Qualifying Products and/or Qualifying Purchases: Returned items; Previous purchases; Shipping and handling charges; and All taxes, including without limitation, federal, state, and local taxes or use taxes Reward Points will be earned only on the actual price of an item at the time of purchase, and not on any other original, previous, suggested retail, or manufacturer's suggested price.

5 Page 5 of The following purchases are also Specifically Excluded from earning Reward Points: Purchases made by a Member prior to joining the Program; and Purchases made without first identifying and confirming your Account information. 13. EARNING POINTS THROUGH REDEMPTION OF GIFT CARDS: 13.1 Redemption of gift cards by a Member who identifies and confirms their Account information at the time of redemption of the gift certificate will earn Reward Points for the amount of Qualifying Purchases made in the corresponding transaction. 14. RETURNS: 14.1 Reward Points earned pursuant to a Qualifying Purchase that correspond to a subsequent return, refund, returned cheque, or other credit will be deducted from the Member's account in an amount equal to the Reward Points earned for the original transaction, including bonus points (if any) No refunds will be issued on returns, only a store credit will be issued on the return regardless of your original form of payment. 15. BONUS REWARD POINTS: 15.1 Participating Businesses may run certain bonus point promotions ("Bonus Point Promotions") under which Members can earn additional or bonus points ("Bonus Points") in connection with the purchase of certain Qualifying Products or in connection with other specially designated, limited time promotions such as specially designated bonus reward shopping days ("Bonus Reward Days.") 15.2 During and in connection with such Bonus Point Promotions and Bonus Reward Days, Members will earn bonus points on each Qualifying Purchase only as specified in the corresponding offer. Bonus Point Promotions and Bonus Reward Days are subject to the terms and conditions of the corresponding offer and may be offered at any time in the Owners sole discretion Bonus Point offers cannot be combined with any other offer unless specifically stated otherwise under the terms and conditions of the corresponding Bonus Point Promotion or Bonus Reward Day. If, during a Bonus Point Promotion or a Bonus Reward Day, a Member makes a Qualifying Purchase and any of the Qualifying Products, or the purchase otherwise comes with an additional free product(s), Bonus and or Rewards Points will not be issued on the retail or any other value of the free product(s). III. HOW TO REDEEM REWARD POINTS 16. GENERAL: 16.1 Reward Points earned by a Member may be redeemed only for future purchases at Participating Businesses in accordance with the specific terms and conditions set forth below and contained elsewhere herein or published from time to time on the websites REDEMPTION TERMS AND CONDITIONS: 17.1 Members will receive a 10% off next purchase reward coupon ("Reward Coupon") for every 5,000 points earned; 17.2 Reward Coupons are good for 10% off of an entire purchase; Reward Coupons will be issued at the time of the Qualifying Purchase in which Members achieve/accrue 5,000 or more Reward Points; Reward Coupons are valid only on future purchases beginning immediately after award of the Reward Coupon; Reward Coupons expire one hundred and twenty (120) days after issue;

6 Page 6 of Reward Coupons cannot be combined with any other coupon or offer; Members must use their Reward Coupon at the time of purchase in order to redeem; If a Member earns more than one Reward Coupon, such Reward Coupons may only be redeemed one purchase at a time and may not be combined/redeemed in a single transaction; Reward Points accumulated on different Accounts of different Members may not be combined or aggregated; Reward Points may be redeemed on the purchase price of products only and cannot be used towards the payment of any taxes, shipping/handling charges, or other fees and charges. IV OTHER TERMS & CONDITIONS / LIMITATION OF LIABILITY 18. GENERAL: 18.1 By joining the whispers rewards loyalty program, you specifically acknowledge, agree, and consent to be bound by these terms & conditions The Owner reserves the right, in its sole discretion and at any time, to cancel, modify, or restrict the Program, in whole or in part, or any aspect of the Program, in whole or in part, including, without limitation, Membership eligibility requirements, the Reward Point earning/accumulation ratio, the Reward Point redemption policy, and the Reward Point expiration policy The Owner may take any such action(s) without advance notice The Owner may make such changes even though such changes may affect the ability of Members, individually or collectively, to use Reward Points and Reward Coupons already accumulated At all times, Members are solely responsible for remaining knowledgeable about, and in compliance with, these Terms & Conditions The Owner reserves the right to determine the amount of Reward Points in any Member's Account based on the Owners internal records related to such Member's Account A Member's Reward Points balance, as reflected in the Owners records, shall be deemed correct. In the event of an inconsistency between the amounts of Reward Points accrued in a Member's Account as may be stated on any Member's receipt and the Owners internal records, the Owners internal records will prevail The Owner assumes no responsibility for errors caused by incorrect Member information Reward points and reward coupons are non-transferable and cannot be redeemed for cash The transfer and/or sale of Reward Points is strictly prohibited, and may result in the confiscation or cancellation of your Reward Points as well as suspension or termination of your Membership The Owner in its sole discretion may revoke any Member's Membership in the Program at any time if such Member engages in abuse of the Program or fails to follow the Terms & Conditions of the Program Fraud or abuse relating to the accrual of Reward Points or redemption of Reward Points / Reward Coupons may result in revocation of Membership in the Program and may affect a Member's eligibility for participation in any other program operated by the Owner The interpretation and application of the Program's Terms & Conditions are at the sole discretion and determination of the Owner.

7 Page 7 of 7 V PROGRAM INFORMATION AND CONTACT DETAILS 19 CONTACT DETAILS 19.1 For information or questions regarding the Program, including Participating Businesses, please rewards@whispersgroup.com.au