BILLABONG CREW TERMS AND CONDITIONS
Effective Date: October 1, 2019
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN BILLABONG CREW, 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 BILLABONG CREW.
When you create a user account, you will automatically be enrolled in the loyalty program (hereafter “Billabong Crew”) for Billabong (“Company,” “we,” or “us”). By creating an account and/or enrolling in Billabong Crew, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in Billabong Crew. By participating, you will have an opportunity to subscribe to receive communications from Company, some of which may be commercial in nature.
Billabong Crew is valid online in the United States and Canada (hereafter, the “Sites”), and at participating retail stores in the United States and Canada (hereafter, the “Stores”).
A. Acceptance of Terms and Conditions of Membership
Individuals under the age of majority must obtain prior authorization from their parent, guardian or legal representative to join Billabong Crew and by participating in Billabong Crew, we assume you have such permission. Employees, officers, directors, agents and representatives of Company are ineligible for membership in Billabong Crew. You must read and agree to these terms and conditions of membership in Billabong Crew (“Crew Terms”), as set out below.
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company may, in its sole discretion, alter, limit, or modify the Billabong Crew rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of Billabong Crew or may suspend or terminate Billabong Crew 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 Billabong Crew if Company determines in its sole discretion that you have violated these Crew Terms, you have more than one (1) account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.
B. Principle of Billabong Crew
As a Billabong Crew member, you can earn Billabong Crew points (“Points”) by (i) purchasing Company brand merchandise and eligible third-party merchandise as determined by Company in its sole discretion (excludes the purchase of e-gift cards, gift cards, and/or shipping) on the Sites and at Stores; and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double Points Tuesdays, responding to a survey, etc.). Points earned in this way give you the ability to join different membership levels offering access to select rewards (“Rewards”) as determined by Company in its sole discretion.
C. Membership in Billabong Crew
To join Billabong Crew, simply ask about it at one of our Stores or join online on the Sites. You must create an online user account in order to participate in Billabong Crew. Upon joining, you will receive a welcome email with a member number. In order to get the most complete experience out of your Billabong Crew membership, including receiving exclusive Billabong Crew offers, Company recommends that you subscribe to receive all Billabong Crew emails. 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 Billabong Crew. Examples of transactional emails are: 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 marketing emails, transactional emails, or both. If you opt out of marketing 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 Billabong Crew, particularly in the case of two people with the same name.
Only one membership in Billabong Crew is permitted per person and 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 authorized account holder of the email address submitted at the time of enrollment. For purposes of these Crew Terms, 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. Membership in the Billabong Crew, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
D. Membership Levels
There are 3 levels of membership, Bronze, Silver and Gold. You may earn Points over a 12-month period from the date on which you (i) join Billabong Crew; or (ii) reach a higher membership level. Depending on the number of Points earned over such 12-month period, you will be eligible for one of the three levels of Billabong Crew membership, each with its associated Rewards:
- Bronze: When you create a user account on the Sites, you shall be eligible for Bronze membership.
- Silver: When you reach a minimum of 500 Points but less than 1,000 Points over a 12-month period, as applicable, you shall be eligible for Silver membership.
- Gold: When you reach a minimum of 1,000 Points over a 12-month period, as applicable, you shall be eligible for Gold membership.
Your membership level is valid for a 12-month period from the date on which you become eligible for that level. To remain eligible for the same membership level after the 12 months have elapsed, you must have earned the minimum amount of Points for that membership level, as set forth above.
If, when the 12-month period of eligibility to Silver or Gold membership elapses, you have fewer than the minimum Points necessary for that level, you will no longer be eligible for that membership level. You will then be moved down to a lower level, as set out below:
- If, when the 12-month period of eligibility for Silver membership elapses, you have fewer than 500 Points, you will no longer be eligible other than for Bronze membership.
- If, when the 12-month period of eligibility for Gold membership elapses, you have fewer than 1,000 Points, you will no longer be eligible other than for Silver or Bronze membership, as applicable.
When you are eligible for a higher membership level (Silver or Gold), you shall keep the Rewards of the lower level(s), in addition to access to the Rewards associated with the higher level. You shall not be entitled to the Rewards associated with a membership level higher than your own. For example, as a Silver member, you will get Bronze Rewards in addition to those associated with Silver membership, but you will not be entitled to any Rewards associated with Gold membership.
Your membership Rewards include the following:
- Discount offer: The amount of your Reward will be determined by the total amount of your purchase. $1 spent = 1 point. Every 200 points = $15 off eligible purchases. Rewards shall be awarded in $15 (U.S. or Canadian dollars, as applicable, based on country of purchase) increments as follows:
- If you accumulate 200 Points or more but less than 400 Points, you shall receive a Reward of $15 off your next purchase of $15 or more.
- If you accumulate 400 Points or more but less than 600 Points, you shall receive a Reward of $30 off your next purchase of $30 or more.
- If you accumulate 600 Points or more but less than 800 Points, you shall receive a Reward of $45 off your next purchase of $45 or more.
- If you accumulate 800 Points or more but less than 1,000 Points, you shall receive a Reward of $60 off your next purchase of $60 or more.
- If you accumulate 1,000 Points or more but less than 1,200 Points, you shall receive a Reward of $75 off your next purchase of $75 or more.
Each reward shall be valid for two (2) months from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase of Company brand merchandise on the Sites or at Stores. 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.
- Birthday Reward: You shall receive a birthday reward once a year. The amount of your award depends on your membership level as follows:
- Bronze = 20% off
- Silver = 30% off
- Gold = $75 off
Each reward shall be valid for one (1) month from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase of Company brand merchandise on the Sites or at Stores. 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.
- Anniversary Reward: You shall receive a 20% off anniversary reward once a year, no matter what membership level you have. Each reward shall be valid for two (2) months from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase of Company brand merchandise on the Sites or at Stores. 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.
- Free standard shipping: You shall receive free standard shipping on all purchases made on the Sites within Canada and all 50 U.S. states, APO/FPO addresses, and the following U.S. territories: Guam, Puerto Rico, US Virgin Islands, and American Samoa only.
Some Rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only). Depending on your membership level and email preferences, you may receive additional Rewards as determined by Company. See specific Reward pages for details. Company reserves the right to substitute Rewards at its sole discretion. Unless otherwise noted by Company, Rewards cannot be combined with any other offers. You cannot use Rewards retroactively for prior purchases. Company is not responsible for lost or stolen Rewards. If you opt out of certain types of emails, you may not be able to receive Rewards by email.
Points have no monetary or real-world value. Unless a special offer is applicable (e.g., double Points Tuesdays), you shall earn one Point for every U.S. or Canadian dollar [$1.00] you spend (as applicable, based on country of purchase) (excludes the purchase of e-gift cards, gift cards, and/or shipping) 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. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional Points.” Promotional Points, such as “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.
No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining Billabong Crew will not be eligible for Points.
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.
G. Updating Your Account
Participation in Billabong Crew requires an email address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or a Reward due to out-of-date, incomplete or inaccurate information.
You may close your user account by sending an email request to firstname.lastname@example.org.
H. Fraudulent Use of Billabong Crew
Any fraud, attempted fraud or theft on the Sites or at a Store, any wrongful or inappropriate use of Billabong Crew, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Crew Terms shall lead to the automatic suspension or permanent deactivation of your membership in Billabong Crew.
Company reserves the right to suspend or deactivate your account, Billabong Crew and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Crew Terms or through misuse or fraudulent use shall be cancelled without any form of compensation. I. Amendment, Failure or Interruption of Billabong Crew EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company reserves the right to amend these Crew Terms at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend Billabong Crew.
Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of Billabong Crew. No amendment, withdrawal or failure of Billabong Crew shall give you an entitlement to compensation. If Billabong Crew is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN BILLABONG CREW, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN BILLABONG CREW, 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 BILLABONG CREW.
BY PARTICIPATING IN BILLABONG CREW, YOU ACKNOWLEDGE THAT BILLABONG CREW, THE REWARDS, 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, BILLABONG CREW, OR THE REWARDS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR BILLABONG CREW WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, BILLABONG CREW, OR THE REWARDS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO BILLABONG CREW OR REWARDS WILL BE CORRECTED.
PARTICIPATION IN BILLABONG CREW 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 BILLABONG CREW. 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.