MOROCCANOIL BEAUTY CIRCLE LOYALTY PROGRAM TERMS AND CONDITIONS
The terms and conditions outlined in this Loyalty Program agreement (the “Loyalty Agreement”) govern membership in the Moroccanoil Beauty Circle Loyalty Program (“Program”). Participants in the Program are subject to the terms and conditions herein.
The Program is offered at the sole discretion of Moroccanoil Israel Ltd. or its affiliates or subsidiaries (“Moroccanoil” or “we”). Membership is open to individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. Membership in the Program is voluntary. No purchase or payment of any kind is necessary in order to enroll in the Program. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not enroll in the Program. Employees of Moroccanoil and their dependents are not eligible to enroll in the Program. Moroccanoil reserves the right to limit the number of participants in the Program.
b. MEMBERSHIP ENROLLMENT:
Eligible individuals may enroll in the Program by visiting Moroccanoil.com (collectively, the “Site”), creating an account, and joining the Program. Individuals who already have an account on the Site are automatically enrolled in the Program. You may be required to provide your full name, telephone number, mailing address, email address, and other type of personal information and to create a password in order to enroll. Once you provide this information, you will be enrolled in the Program and provided a Member account. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Members must provide the required information to be enrolled and to be eligible for benefits and rewards, such as free gifts with purchase (“Rewards”). Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of this Loyalty Agreement, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
The Program is a rewards program that benefits its Members with points every time they shop. You may earn points (“Points”) for each dollar you spend on online transactions on Moroccanoil.com, excluding federal, state, and local taxes, shipping charges, employee discounts, commercial account purchases, charitable donations, returns, refunds, and items purchased with a gift card, merchandise credits or any Rewards or other awards (“qualifying purchases”). For your purchase to qualify to earn Points, you must be signed into your Member account at the time of purchase; or provide your Program member identification (that is, the email address you registered under the Program) when making a qualifying purchase. If you return items from a qualifying purchase, the appropriate number of Points will be automatically deducted from your account balance. Moroccanoil may also, at its sole discretion, provide additional Points in connection with certain transactions and promotions. You are able to earn Points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn Points and reach a certain loyalty tier, you may be eligible for certain Rewards applicable to that tier, which may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn Points and reach Program loyalty tiers will be posted on the Site or may be published through other media (for example, in marketing communications and social media). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
Points have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate Points or Rewards. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, sold or otherwise transferred for consideration, other than by Moroccanoil or as expressly provided for in this Loyalty Agreement, and any receipt or use of Points in violation of the terms and conditions herein will render such Points void. Neither accounts nor Rewards or Points may be shared or combined. Points earned are not eligible for redemption for 72 hours once they are awarded. Points are not capable of being combined or transferred to any other type of Moroccanoil promotion or award. After 12 months of inactivity, Points may expire. Inactivity is defined as a period in which a Member earns no Points or redeems no Points.
e. REWARDS & REDEMPTION:
The number of Points necessary to earn a Reward is determined by Moroccanoil in its sole discretion and may be changed without prior notice to you. You may view how many Points you have accumulated by signing into your online Moroccanoil account and visiting your account details. You may redeem Rewards by accessing your account at moroccanoil.com. Once you select your Reward, you will receive a unique code (“Code”), which you must enter at checkout with your purchase. Points used to redeem a Reward will be deducted from the total Points available in your Member account. Points may not be used towards purchases of Moroccanoil gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. We reserve the right to change Rewards, how you earn Points and reach each Program tier and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Program, or any combination thereof. Rewards can only be redeemed on the Site, unless otherwise expressly authorized by Moroccanoil. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. The products available through the Program are for your personal use only. You may not sell or resell any of the products you purchase or otherwise receive from us through the Program. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled or any products to be provided to you that we believe, in our sole discretion, may result in a violation of this Loyalty Agreement. The Rewards and the Codes may expire in the event the Member does not redeem them in the 12 months following their issuance.
As a member, you may periodically receive marketing emails from Moroccanoil about the Program. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in the Program. Examples of these include the welcome email, Rewards updates, etc.
g. ADDITIONAL REWARDS REDEMPTION:
Moroccanoil reserves the right to cancel, modify or restrict any aspect of the Program at any time with or without notice. Membership in the Program may be revoked at any time. Membership is nontransferable. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to revocation of Membership and will affect eligibility for further enrollment in the Program. Further, Moroccanoil reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentation to Moroccanoil. Program purchases, as reflected in Moroccanoil records, shall be deemed correct and Moroccanoil reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on Moroccanoil records and calculation of account information. Moroccanoil is not responsible for communications or Rewards lost due to an inaccuracy in or change of address or other contact information. The Program shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws and principles. Further, Members in the Program submit solely to the jurisdiction of state or local courts in the state of New York for adjudication of disputes arising from this Loyalty Agreement. Taxes on Rewards may apply where required by law. Any tax liability, including disclosure, is the sole responsibility of the Member. From time to time, Rewards balances and values will be updated in the Program. Please check your account details for the most up-to-date Point balances. Moroccanoil may waive compliance with these terms and conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, Moroccanoil’s failure to exercise any of its rights under this Loyalty Agreement or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact us by emailing firstname.lastname@example.org. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue you encountered. For more information about the Program or your Member account, email us at email@example.com.
The Program has no predetermined termination date and may continue until such time as Moroccanoil, at its sole discretion, elects to designate a termination date for the Program. In the event that the Program terminates, Moroccanoil will notify you of the termination date. Moroccanoil reserves the right, in its sole discretion and without notice, to expire a Member’s account after one year of account inactivity. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an account based on inactivity. Moroccanoil reserves the right to deactivate an Account in which Points were obtained as a result of fraudulent activity or technical failures of any kind. In order to reactivate an account, or if you want to cancel enrollment in the Program or request not to be communicated you must notify Moroccanoil at firstname.lastname@example.org. All accrued Points will be lost if your Member account expires or is cancelled, and you will not be able to redeem any remaining Points for Rewards.
i. LIMITATION OF LIABILITY AND ADDITIONAL TERMS:
BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT MOROCCANOIL AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, WITH THE EXCEPTION OF ERRORS IN POSTING POINTS TO ACCOUNTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, DATA, CORRESPONDENCE, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF CREDITS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES, AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE SITE AND THE REWARDS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SECTION WILL SURVIVE TERMINATION OF MEMBER’S ENROLLMENT IN THE PROGRAM.