PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY. BY PARTICIPATING IN THE QUIKSILVER FREEDOM BENEFITS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN THE QUIKSILVER FREEDOM BENEFITS PROGRAM.
The Quiksilver Freedom Benefits loyalty program (hereinafter “Loyalty Program”) is a customer loyalty program offered by Ug Manufacturing Co Pty Ltd (for Australian residents) and Ug Manufacturing Co NZ Ltd (for New Zealand residents) (“Boardriders,” “Company,” “we” or “us”) to customers who meet the eligibility requirements described below. Loyalty Program is valid online in Australia and New Zealand on the Quiksilver website (hereafter, the “Sites”), and at participating retail stores in Australia and New Zealand (hereafter, the “Stores”).
When you create a user account on the Quiksilver website and confirm your agreement to Loyalty Program Terms and Conditions, you will be enrolled in Loyalty Program. By creating an account and/or enrolling in Loyalty Program, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in Loyalty Program. By participating in Loyalty Program, you will be subscribed to receive communications from Quiksilver, some of which may be commercial in nature.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, Company may at any time, in its sole discretion, alter, limit, or modify the Loyalty Program rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of Loyalty Program or may suspend or terminate Loyalty Program at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in Loyalty Program if Company determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) Loyalty Program account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorised, deceptive, fraudulent or otherwise unlawful. Points accumulate only on personal sales and, should Company determine you are accumulating Points through purchases made for a business, trade account or other non-personal purposes, Company reserves the right to not award Rewards, terminate your account and/or your participation in Loyalty Program. Additionally, Company reserves the right, in its sole discretion, to not award Points accumulated for purchases made using discount codes or other discount promotions.
As a Loyalty Program member, you can earn Loyalty Program points (“Points”) by (i) purchasing Quiksilver brand merchandise and eligible third-party merchandise as determined by Boardriders in its sole discretion (excludes the purchase of e-gift cards, gift cards, shipping & handling charges, and sales taxes on purchases) on the Sites and at Stores (“Eligible Purchases”); and (ii) participating in Point-earning activities offered by Company from time to time (e.g. responding to a survey, etc.). Points earned in this way give you access to select rewards (“Rewards”) as determined by Company in its sole discretion.
You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in Loyalty Program. Examples of transactional emails include: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of all emails. If you opt out of emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account.
You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join Loyalty Program, particularly in the case of two people with the same name.
Only one (1) membership in Loyalty Program is permitted per person and per email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorised account holder of the email address submitted at the time of enrolment. For purposes of these Terms and Conditions, the “authorised account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in Loyalty Program, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
Points have no cash, monetary or real-world value. Unless a special offer is applicable, you shall earn one (1) Point for every Australian or New Zealand dollar ($1.00) you spend (as applicable, based on country of purchase) on the Sites or in a Store. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar. When making a purchase on the Sites, you must log-in to your user account in order to earn Points. When making a purchase at a Store, you must provide your email address or other membership information in order to earn Points on your in-store purchase. From time to time, we, or others acting with our permission, may notify you of special promotional offers that offer you “Bonus Points”. Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
Points will cancelled or not be awarded for unauthorised or fraudulent purchases. Nor will Points be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Points will not be earned on the following items: purchase of e-gift cards or gift cards, shipping & handling charges, and sales taxes on purchases.
No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining Loyalty Program will not be eligible for Points except for purchases that earned Boardriders Club points that were converted to Points as described in Section C.
Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.
Your membership Rewards include the following:
Each Reward shall be valid for sixty (60) days from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase, on the Sites or at Stores (excluding Outlet Stores), of Quiksilver or other Boardriders’ brands (i.e., Billabong, Roxy, DC Shoes, RVCA, ELEMENT) in which you are also a loyalty program member. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable. For the avoidance of doubt, Rewards are not redeemable at Outlet Stores, however you will receive Points for purchases at Outlet Stores.
From time-to-time Company, points may also be used for exclusive product rewards (such as beach towels) as well as ‘money can’t buy’ products and experiences (such as signed surfboards or surfing sessions with a Pro), in which case the terms applicable to those rewards shall apply, in conjunction with these Terms and Conditions. Some Rewards or Offers may only be available to residents of a particular country (e.g., Australia only or New Zealand only). Offers are not available for use at Outlet Stores. Company reserves the right to substitute Rewards or Offers at its sole discretion. Unless otherwise noted by Company, Rewards and Offers cannot be combined with any other offers. You cannot use Rewards or Offers retroactively for prior purchases. Company is not responsible for lost or stolen Rewards or Offers. If you opt out of certain types of emails, e.g., Loyalty Program emails, you may not be able to receive Rewards or Offers by email, although you will be able to view your Rewards or Offer status by visiting a Store or logging in to your Loyalty Program account.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN LOYALTY PROGRAM, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN LOYALTY PROGRAM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF LOYALTY PROGRAM.
BY PARTICIPATING IN LOYALTY PROGRAM, YOU ACKNOWLEDGE THAT LOYALTY PROGRAM, THE REWARDS, OFFERS, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SITES, LOYALTY PROGRAM, THE REWARDS OR OFFERS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR LOYALTY PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, LOYALTY PROGRAM, THE REWARDS OR OFFERS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO LOYALTY PROGRAM, REWARDS OR OFFERS WILL BE CORRECTED.
PARTICIPATION IN LOYALTY PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH LOYALTY PROGRAM. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
