Australiana Botanicals Inc. Loyalty Rewards Program
Terms and Conditions to Participation
PLEASE READ THESE TERMS AND CONDITIONS TO PARTICIPATION AND MEMBERSHIP IN THE AUSTRALIANA BOTANICALS INC LOYALTY REWARDS PROGRAM CAREFULLY. BY ENROLLING AND OR PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM. ENROLLMENT AND PARTICIPATION INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM CAREFULLY AND SEEK LEGAL ADVICE IF YOU HAVE QUESTIONS.
1. Membership Eligibility and Overview
1.1. The Australiana Botanicals Inc. Loyalty Rewards Program (“Program”) is offered at the sole discretion of Australiana Botanicals Inc. (hereinafter called “Australiana Botanicals Inc”, “Company”, “we,” “our” or “us”). The Program is only available to individuals for personal use only and is limited to one Loyalty Rewards account per individual. Non-personal entities such as corporations, associations or other groups may not participate in the Program. Individuals must be residents of the United States, its territories and possessions, and have attained the age of 18 years or older. Participants must provide and maintain a valid email address to be, and remain, eligible. Employees of Australiana Botanicals Inc., our business partners and their employees or trading vendors are not eligible for membership unless written approval is given.
1.2. By joining the Program and participating, you agree that you have read, understood and agree to be bound by the Terms and Conditions outlined in this Agreement and by any changes or modifications we may make at any time. You should review these Terms and Conditions, on our Site, and the related policies from time to time as they may change.
2. Program Enrollment
2.1 Eligible individuals may only enroll in the Program by visiting either of www.AustralianaSkin.com, www.AustralianaSkinCare.com, or www.AustralianaBotanicals.com (the “Site/s”) and by following the prompts to enroll.
2.2. You must provide your contact details in the form of first name, last name and valid email address owned by you. You must create a password and may also optionally provide your mailing address, birth date and mobile telephone number. You are responsible for maintaining the accuracy of your account information and personal details on the Site.
2.3. Only one Program account may be associated with a single email address. In the event of a dispute over account ownership the owner will be deemed to be the authorized holder of the email address submitted at enrollment.
3. Program Benefits
3.1. The Program is designed to reward and show appreciation to our loyal customers for purchasing our products and/or telling other potential customers about our products. For your purchase to qualify for the Program, you must be enrolled and be signed into your online account at the time of making the purchase. You may earn points by making eligible purchases or taking certain eligible actions. Points may be exchanged for discounts, products, shipping charges or other benefits as provided in the Program from time to time. Benefits may change from time to time and/or may be offered on a limited basis.
3.2. Australiana Botanicals Inc. Rewards members receive 1 point for every $1 spent on eligible purchases. Eligible purchases include web merchandise purchased at the offered prices and exclude gift cards, sales tax, government fees, shipping and delivery charges and/or any other charges specifically excluded. All points earned are pending prior to your order shipping at which point they are redeemable.
4. Program Benefits and Rewards
4.1. Points can be redeemed by making purchases on the Site. The Point value you have accumulated will be shown and can be deducted at the Check Out. Points have no cash value and are not redeemable for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account.
4.1.1 During the month of your birthday, you can redeem your Birthday Gift, if any, by making a purchase on the Site and applying your offer code, which will be emailed to you providing you enrolled with your birth date. Birthday gifts must be redeemed within 30 days of receipt or the offer will expire. You must be logged into your Australiana Botanicals Inc Loyalty Rewards account on the Site to redeem your birthday gift. Birthday Gifts are limited to one per member per year and cannot be transferred, extended, returned or exchanged.
4.2. Offers and rewards are available only while inventory is available and substitutions may occur, at our sole discretion. You are not required to redeem your accumulated rewards and/or benefits. If your order is not completed for any reason, the offers or rewards will be removed from your cart and may no longer be made available.
4.3. Accounts, offers, rewards or Program benefits and/or points may not be shared or combined. Rewards are exclusive to the member paying for the products.
4.4. Rewards, points or any other benefits earned through the Program have no cash value and are non-transferable. Points may only be exchanged for eligible products or published benefits. You have no property rights in rewards or other Program benefits.
4.4.1 Points added to your Program account will be cancelled and deducted if all or part of the purchase is returned or cancelled and/ or should the credit be obtained through any fraudulent activity in violation these Terms. Points and/or benefits may not be sold, transferred, assigned or bartered. Such action is expressly prohibited and will result in cancellation of all accumulated points and termination of membership in the Program.
4.4.2. Points accumulated will expire twelve (12) months after purchasing qualified product unless redeemed beforehand. Points may not be accumulated or retained longer than twelve (12) months after the purchase of the qualifying product.
4.4.3. We may, at our sole discretion, cancel your membership and close your account if there is no activity (i.e. no points earned or redeemed) for more than 24 months. In the event of cancellation any points in the account will be terminated, lost and irretrievable.
4.5. Redemption is final. Product or benefits redeemed cannot be exchanged or returned for points, any other product or a monetary refund. If qualifying product is purchased using points and cash, and subsequently returned, refund of the cash paid only portion will be refunded. Any associated points will be lost.
4.6. Company is not responsible for points, rewards or benefits redeemed or lost due to fraudulent activity.
4.9. We reserve the right to change all or some of the Program rewards, benefits, Terms and Conditions. We also reserve the right to place limits on the number of purchases that are eligible for the Program at any time.
4.10. Any questions regarding a purchase not properly added to your account must be addressed to Customer Service via the email address posted on our Site under Contact Us. Your email must outline specific details as to the purchase, date of purchase and include your name and the email address you enrolled with the Program. This email must be sent within thirty (30) days of the purchase being completed. We accept no responsibility for late notifications about point discrepancies.
4.11. Rewards can only be redeemed on the Site.
5. Program Communications
5.1. By enrolling in the Program, you will be automatically subscribed to receive Australiana Botanicals Inc marketing emails and Program related emails and give your express consent to receive them.
5.2. You may, at any time, request to opt-out of receiving Australiana Botanicals Inc marketing emails. You will still be sent Operational emails as they relate to your membership in the Program. These may include, but not limited to, redemption confirmation emails, points acquisition emails, profile updates, and/or other communications that relating to your membership. Program-related communications will cease if your membership is terminated.
6. Termination and Modification
6.1. The Program, and any and all associated benefits, are offered at our sole discretion. We may, at any time, terminate, cancel, modify, adjust, limit, restrict or change these Program Terms without prior notice. Such changes may affect the value of rewards and/or benefits currently accumulated or earned. In such case the ability to redeem, or redemption value, on accumulated rewards or benefits may change.
6.2. We reserve the right to discontinue your participation in the Program and to audit your account at any time. Any suspected abuse of the Program, violation of the Program Terms, illegal activity, misrepresentation, fraud or other conduct detrimental to the Company, including without limitation, any suspected illegal, fraudulent or unauthorized use of Program rewards, points, vouchers, coupons cards or credits may result in termination of your membership and render you ineligible for further participation in the Loyalty Rewards Program. If your membership is terminated, all rewards or benefits accumulated in your account will immediately expire and you will no longer have access to your account. We have the right to take appropriate legal action, in our sole discretion.
6.3. If you decide you no longer want to be a part of the Loyalty Rewards Program, you may cancel your membership at any time. You may cancel on the Site or contact us by the emails address listed under Contact Us on the Site.
7. Disclaimer of Warranties; Limitation of Liability
7.1. NEITHER AUSTRALIANA BOTANICALS INC NOR OUR AFFILIATES, PARTNERS, SUBSIDIARIES, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7.2. YOU AGREE THAT NEITHER AUSTRALIANA BOTANICALS INC NOR OUR AFFILIATES, PARTNERS, SUBSIDIARIES, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
7.3. FURTHER NEITHER AUSTRALIANA BOTANICALS INC NOR OUR AFFILIATES, PARTNERS, SUBSIDIARIES, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
7.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, affiliates, partners, subsidiaries, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.
9. Governing Law and Disputes
9.1. This Program and these Program Terms will be governed by and construed under the laws of the State of Utah, as if they were a contract wholly entered into and wholly performed within the State of Utah and without reference to conflict-of-laws considerations.
9.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SALT LAKE CITY UTAH AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Program Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
9.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. Contact Us
For questions about the Program and your membership contact Customer Service via the email address listed under Contact Us on the Site. You will need to provide your full name and email address in order to validate your identity and your account. We are not responsible for communication lost or delayed through any medium by any means.