VIP Customer Rewards Club

(Note that this program is only available in Be Daring the Adult Shop stores at this time)

FULL TERMS AND CONDITIONS

Be Daring the Adult Shop VIP Rewards Club

1. In these Terms and Conditions:

1.1. “VIP Rewards Club” means a membership card issued pursuant to this Program;

1.2. “Loyalty Credit” means the electronic credits applied to a Member’s Membership account by Be Daring the Adult Shop which can be redeemed by the Member as payment for purchase with Be Daring the Adult Shop in accordance with these Terms and Conditions;

1.3. “Member” means an individual whose application to take part in the Program is accepted.

1.4. “Membership” means membership in this Program.

1.5. “Program” means the ‘Be Daring the Adult Shop VIP Rewards Program’ operated pursuant to these Terms and Conditions by Be Daring.

1.6. “Be Daring” means The Be Daring the Adult Shop Group Pty Ltd A.C.N. 057 141 036 of Shed 1, 5 Business Drv, Narangba Queensland, Australia, phone +61 7 3203 0977.

1.7. “Website” means www.bedaring.com.au or such other website as notified by Be Daring the Adult Shop from time to time.

1.8. Be Daring the Adult Shop ‘Contact Point’ means Be Daring the Adult Shop Head Office, Ph +61 7 3203 0211

Email: adminmanager@bedaring.com.au

2. By using the Be Daring the Adult Shop VIP Rewards Card (hereafter the “Card”), each Member accepts and agrees to be bound by these Terms and Conditions and any variations made from time to time to these Terms and Conditions by Be Daring.

3. Be Daring the Adult Shop may change these Terms and Conditions at any time by publishing the amended terms on the Website or otherwise notifying the Member of the change. The amended Terms and Conditions are effective as soon as they are posted or otherwise notified to the Member. It is the Member’s responsibility to check the Website for changes from time to time and before using the Card.

4. Notwithstanding any other provision in these Terms and Conditions, Be Daring the Adult Shop may terminate, suspend, deactivate and/or archive a membership if the Member has not transacted with or used their Membership Card for any 24 month period. Be Daring the Adult Shop does not warrant that a member’s membership details will be kept and/or can be retrieved in the event that a membership is terminated, suspended, deactivated and/or archived pursuant to this clause. However, the Member may be eligible to reapply for a new membership, subject to the terms and conditions of membership at the applicable time.

5. Be Daring the Adult Shop may suspend or cancel the program at any time it deems appropriate, in which case all rights of the Member under these Terms and conditions shall cease. Be Daring the Adult Shop shall use its commercial endeavour to give the Member reasonable advance notice of suspension or cancellation by notification on the Website or by otherwise notifying the Member.

6. Be Daring the Adult Shop may refuse any application at its absolute discretion.

7. Each Card shall remain the property of Be Daring the Adult Shop and must be returned on demand. Any lost Card may at the discretion of Be Daring the Adult Shop be replaced. A Member must notify Be Daring the Adult Shop immediately if their Card is stolen or lost. Be Daring the Adult Shop is not liable for any delay in replacing a Card.

8. The Member is responsible for the safe keeping of their Card, and Be Daring the Adult Shop will not be liable for any unauthorized use of a Card. The Member shall be responsible and liable for any use of the Card by anyone other than the Member. The Member will be responsible to contact Be Daring the Adult Shop at the Be Daring the Adult Shop Contact Point if they discover any unauthorized activity.

9. The Member’s Card can only be used by the Member and is not transferable. The Member’s Card can only be used on presentation to Be Daring the Adult Shop and must be accompanied with adequate personal identification as determined by Be Daring the Adult Shop (at its sole discretion).

10. Be Daring the Adult Shop shall determine the membership entitlements at its sole discretion which may include (without limitation) communication from Be Daring, information in relation to the Program, exclusive club member competitions, regular email updates including catalogue previews and special promotional offers at Be Daring the Adult Shop stores. Notwithstanding the forgoing, nothing shall prevent Be Daring the Adult Shop (at its sole discretion) offering promotional offers to individuals who are not Members, changing the terms of the membership entitlements, adding membership entitlements, and removing any membership entitlements.

11. Be Daring the Adult Shop offers ‘Receipt Free Warranty’ for purchases associated with a VIP Rewards Card. In situations a when a Member is unable to locate their receipt provided the Member is able to provide product details and approximate purchase date, the sale will be located on the Point of Sales (POS) database and the warranty (if current) will be honoured.

12. Loyalty Credits may be issued by Be Daring the Adult Shop as follows:

12.1. Club membership is considered activated once the member’s profile has been fully completed at a Be Daring the Adult Shop POS database and the member has received the Be Daring the Adult Shop VIP Rewards Card.

12.2. Loyalty Credits can be automatically issued at the sole discretion of Be Daring, if and when it chooses to at its sole discretion.

13. The redemption and/or use of the Loyalty Credits is subject to the following conditions:

13.1. The Member must present his/her Card for Be Daring the Adult Shop at the point of purchase for each transaction to ensure Loyalty Credits can be issued by Be Daring. If the Card is not presented to Be Daring the Adult Shop prior to the transaction being processed by Be Daring, then no Loyalty Credits will be issued to the Member for that transaction.

13.2. The Member has until close of business 31st March each year to use any Loyalty Credits applied to the Member’s account in the previous 12 months. All Loyalty Credits will expire 31st March each and every year and once expired cannot be redeemed towards purchases.

13.3. The Member can review their Loyalty Credit balance at any time by asking a Be Daring the Adult Shop team member in-store.

13.4. Loyalty Credits are not redeemable for cash or exchanged for any other type of credits offered by Be Daring.

13.5. Loyalty Credits cannot be redeemed towards the purchase of goods via Be Daring’s online store www.bedaring.com.au.

13.6. Club members seeking to return products purchased using Loyalty Credits will need to return the items to their closest Be Daring the Adult Shop store, no returns can be processed online

13.7. A Member wishing to redeem any Loyalty Credits towards his/her purchase shall be required to ask a Be Daring the Adult Shop team member at the point of purchase to redeem existing Loyalty Credits on that particular transaction. Be Daring the Adult Shop will not automatically redeem the Loyalty Credits in the Member’s account towards any purchase without the Member’s request to Be Daring’s team member at the point of purchase.

13.8. Products can be purchased completely by just using Loyalty Credits (if the Member has sufficient Loyalty Credits balance in the Member’s account), however should a Member want to return (in accordance with Be Daring’s returns policy) any Product purchased wholly via the redemption of Loyalty Credits, and seek a refund, then a Credit Note will be issued. No cash will be refunded by Be Daring. Be Daring the Adult Shop Credit Notes do not have an expiry date.

13.9. If a product is being returned after a purchase which was paid for by a combination of a cash and Loyalty Credits, then the Member will receive the refund in the same combination and proportion with the points portion of the payment returned as a credit note. For Example; If a Member bought lingerie using $25 cash and $25 Loyalty Credits. The refund would be issued as $25 cash and a $25 Credit Note.

14. The Member hereby irrevocably holds harmless Be Daring, its related bodies corporate, employees, directors, suppliers and agencies from all claims, suits, demands, actions, proceedings which the Member has or in the future may have against Be Daring, its related bodies corporate, employees, directors, suppliers and agencies, and shall indemnify and release Be Daring, its related bodies corporate, employees, suppliers, directors, related companies and agencies from all and any claims for damages or otherwise in the terms of, and arising out of this Program to the full extent permitted by law. The term “related bodies corporate” has the meaning given to the term “related company” by the Corporations Act 2001 (Cth).

15. To the extent permitted by law, Be Daring the Adult Shop will not be liable for any delays, disruptions, omissions or errors in the operation of the Program including technical or mechanical malfunctions, and will not be liable for any loss caused by any such delays, disruptions, omissions or errors.

16. The Member acknowledges and agrees that all decisions pertaining to this Program rests solely with Be Daring the Adult Shop and its decision is final.

17. Without in any way limiting the operation of, and in accordance with clause 14, Be Daring the Adult Shop in its sole discretion can at all times:

17.1. change, amend or vary these Terms and Conditions;

17.2. change, amend, vary, withdraw or cancel any promotional offer offered to Members; and

17.3. Exclude a Member from, or cancel a Member’s Membership in, the Program, without prior notice and without prior notice to a Member.

18. Be Daring the Adult Shop gives no warranty as to the continuing availability of the Program. Be Daring the Adult Shop may, in its absolute discretion, at any time cancel the Program in whole (or in part) upon reasonable notice of not less than 1 week.

19. Without limiting clauses 17 and 18 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if Be Daring the Adult Shop notifies the Member of the change by any method including, but not limited to the use of email and or posting details of the changes on the Website.

20. Without in any way limiting the rights of Be Daring the Adult Shop as set out in clauses 17 and 18, if a Member is in breach of these Terms and Conditions, at any time, then Be Daring the Adult Shop may cancel the Member’s Membership with the Program and any Member whose Membership is cancelled may no longer access Member promotional offers, the Loyalty Credits, or any other related benefits.

21. To the extent permitted by law, Be Daring, its related bodies corporate, employees, directors, suppliers and agencies is not liable for any loss or damage suffered by Members resulting from such withdrawals, cancellations, variations or change as set out in clauses 15, 16, 17, 18, 19 and generally arising from the Program.

22. Privacy: Be Daring, and/or its agents on its behalf, collects the Member’s personal information in order to operate the Program. If this information is not provided, then the Member may not participate in the Program. By making an application, unless otherwise advised, the Member consents and authorises Be Daring the Adult Shop to use this personal information for the purpose of conducting the Program. In addition, this personal information and any other information that is obtained via the Program may be used by Be Daring, for future marketing, promotional, research, product development and planning purposes in any form of media (including without limitation to communications made via ‘electronic messages’ as defined in the Unsolicited Electronic Messages Act 2007). A request by the Member to access, update or correct any information should be directed to team member at a Be Daring the Adult Shop Retail Outlet.

 

 

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