Rewards Program Terms and Conditions
SECTION 1 – GENERAL
SECTION 1.1 – OVERVIEW
The Your Super Rewards Program (the “Program”) is a loyalty reward program offered by Your Super, Inc. (“Your Super”) to certain customers of Your Super. The Program is accessible through yoursuper.com/pages/loyalty (the “Program Website”) and other related sites and applications referred to on the Program Website. Throughout the Program Website and these Terms and Conditions, the terms “we”, “us” and “our” refer to Your Super.
The Program allows persons who have completed the membership enrolment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points (“Points”) when making purchases on items identified from time to time by Your Super (“Eligible Purchases”), and to redeem these Points for rewards, benefits and/or rebates offered by Your Super from time to time.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
SECTION 1.2 – TERMS AND CONDITIONS
The terms and conditions set forth herein (the “Terms and Conditions”, and together with any terms set forth on the Program Website, and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. Your Super in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. We encourage Members to review the Program Terms each time they use the Program.
SECTION 1.3 – ACCEPTANCE
By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
SECTION 2 – PROGRAM MEMBERSHIP
SECTION 2.1 – MEMBERSHIP ENROLLMENT
Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms.
SECTION 2.2 – PASSWORDS AND SECURITY
In order to enroll in the Program, you will have to register and create a Your Super Rewards Account (“Account”) with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorised use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one Account is permitted per person.
SECTION 2.3 – SUSPENSION RIGHTS; CAPACITY
Your Super reserves the right to exclude individuals from the Program or remove Points from a Member’s Account in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Your Super), failure to follow any terms of the Program, Account inactivity for more than three (3) months, any misrepresentation or any conduct detrimental to the interests of Your Super not otherwise protected by law may subject Members to membership revocation or deduction of Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and membership purchases must be made by the Member. If your membership is revoked or otherwise cancelled, any Points in your account will automatically expire. Your Super reserves the right to make changes to the Program Website and the Program Terms at any time. It is your responsibility to check or review the Program Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Program Terms.
Unless further restricted elsewhere in the Program Terms, membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorised such membership. If a Member does not meet the capacity requirements set out above, all Points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
SECTION 2.4 – CHANGE IN INFORMATION
Program Members are responsible to advise Your Super immediately of any change to their address or other contact information. Your Super will not be responsible for any communication not received by a Program Member, provided that Your Super sent such communication to the address or other contact information then on file from such Program Member.
SECTION 2.5 – POINTS VALIDITY, EXPIRY, & INACTIVITY
A Program Member Account is deemed to be inactive if Points are not earned or redeemed in connection with such Account for three (3) months. Once an Account is deemed to be inactive, in Your Super’s sole discretion, all Points accrued in such Account will be forfeited by such Member, with or without notice.
SECTION 2.6 – ACCOUNT CLOSURE
Points are reduced to zero upon closure of a membership Account.
SECTION 2.7 – SECURITY
If a membership Account is used by any other person, all Points relating to purchases made by such other person will be credited to the Member’s Account. Your Super assumes no liability or responsibility for Points redeemed by any person(s) prior to a notification to Your Super’s Customer Service Center (email@example.com) that the membership Account has been compromised. Any Points redeemed prior to notification shall be at the Member’s risk.
SECTION 3 – REWARD POINTS
SECTION 3.1 – COLLECTION; REDEMPTION
Points can be earned by Program Members in connection with purchases of goods and/or services made through Your Super.
Points can be redeemed for rewards. When enough Points have been accumulated to obtain the reward(s) desired, redemption may occur online as set forth on the Program Website.
A Member must be logged into his or her account when redeeming Points to protect the integrity of the Member’s Points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and Your Super reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure.
SECTION 3.2 – VALUE
Points have no cash value and are not exchangeable for cash. The accumulation of Points does not entitle the Program Members to any vested rights, and Your Super does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. Your Super assumes no liability to Members as regards the addition or deletion of items from or for which Points can be collected and/or redeemed.
SECTION 3.3 – TRANSFERABILITY
Except as permitted from time to time by Your Super, Points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any Points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
SECTION 3.4 – RETURN/EXCHANGE POLICY
In the event of a return/exchange of any eligible purchase that initially earned Points, such Points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the membership Account is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.
Upon the return and/or exchange of products awarded through the redemption of Points, all redeemed Points will be forfeited.
SECTION 3.5 – PROMOTION
From time to time, Your Super may advertise or offer exclusive offers to select Members to redeem Points for items other than a discount reward, or receive other benefits or discounts.
SECTION 4 – PRIVACY
SECTION 4.1 – CONFIDENTIAL INFORMATION
Your Super is committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, Account number and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
SECTION 4.2 – UNSUBSCRIBE
By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and Program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
SECTION 5 – GENERAL
SECTION 5.1 – ACCEPTANCE
By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to Your Super’s collection and use of certain personal information, except as he or she may otherwise notify Your Super and (iii) agrees to the Program Terms, as they may be amended from time to time.
SECTION 5.2 – OTHER TERMS
These Terms and Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these Terms and Conditions, the Program Website and/or any other Program Terms, such conflict shall be resolved as follows: first, these Terms and Conditions shall prevail, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms and Conditions.
SECTION 5.3 – ABUSE
Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated Points.
SECTION 5.4 – WAIVER
Every effort has been made to ensure that the information herein is correct. Your Super is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by Your Super of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Your Super as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by Your Super in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
SECTION 5.5 – CONTACT
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at firstname.lastname@example.org.
SECTION 5.6 – GOVERNING LAW; DISPUTE RESOLUTION
These Terms and Conditions and your use of the Program Website shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict or choice of law provisions.
By opting in to or participating in the Program, you accept and agree that any dispute arising out of or in connection with the Program or these Terms and Conditions will be resolved through binding, individual only arbitration in Los Angeles County, California, administered by JAMS, or its successor, in accordance with the rules and procedures of JAMS then in effect.
SECTION 5.7 – NOTICE
Your Super may deliver notice to you by means of e-mail, a general notice on the Program Website, or by other reliable method to the address you have provided to Your Super.