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THE BOWER CLUB: TERMS AND CONDITIONS

The Bower Club (also referred to as OneTeaspoon’s Loyalty Program) is a customer rewards program (“Program”) managed and conducted by Pink Factory Pty Ltd (ABN 68 101 145 537) (“OneTeaspoon” “we” or “our”) for the benefit of its customers (“Customer” or “you”). Opting in to the Program occurs upon any of: (1) the creation of a Member account by providing personal information for the OneTeaspoon database (“Member account”); (2) online via the program sign-up box or registration tab on oneteaspoon.com.au or oneteaspoon.com; or (3) in our Australian flagship stores by a customer service representative. 

By opting in to The Bower Club you agree to these terms and our Privacy Policy. Please read these terms and our Privacy Policy carefully before you use and/or opt in to the Program. Refer to our Privacy Policy at https://www.oneteaspoon.com.au/privacy for more details regarding use of your personal information and opt out procedures.

 

PARTICIPATION AND MEMBERSHIP

Participation in the Program is open to all OneTeaspoon customers that have access to our online or flagship stores. If you are under the age of 18 years, your parent or guardian must approval your participation. These terms are deemed accepted by you and are binding on you at the time you opt in. If you do not agree to be bound by these terms, then please do not participate in the Program.

 

CALCULATION OF THE BOWER POINTS

The value of your purchases on our online and flagship stores will be calculated into points provided you use the email address associated with your Bower Club account. 

When you spend $10 on a purchase online or instore, you will earn 1 Bower Dollar. When you reach an accumulation of 10 (or multiple thereof) Bower Dollars a credit note will automatically be generated and assigned to your account online and is available for use at the checkout on future purchases (including GST and shipping costs). For example, when you spend $100 (excluding shipping costs and tax) you will receive 10 Bower Dollars; when you spend $200 (excluding shipping costs and tax) you will receive 20 Bower Dollars and so on.

When shopping instore, you must provide your Bower Club registered email address to the customer service representative prior to checking out so that your points are credited to your account/registered email address. If you would like to use these credits online, you will need to be logged in online using your Bower Club registered email address.

Your Bower Club account will be adjusted to account for any returns and refunds. Bower Club Dollars will not be earned on purchases where gift cards are redeemed to the value of the gift card redemption. The Bower Club Dollars earnt will be calculated on the net price inclusive of Australian GST but exclusive of any other or sales or goods or service tax.  

When purchasing online and logged into your account using your registered email address, your Bower Club Dollars will be calculated and credited to your account.  Your point balance is accessible in real time by accessing the My Account page online. When shopping instore your Bower Club Dollars will be calculated and accumulated and your point balance is accessible by speaking to one of our customer service representatives. Should you hold an online account and shop instore, your balance will be promptly updated online (usually within 24 hours). OneTeaspoon reserves the right to change points balances if it believes someone is unfairly accumulating points not within the rules set out in this document. 

OneTeaspoon reserves the right to exclude any particular goods or offers from the Program (e.g. for a sale event, purchase of discounted product may not count towards Bower Club Dollars, etc.).

Points earned as part of this loyalty program are not redeemable as cash or other monetary value.

Bower Dollar balances may be checked via your online account if you are registered online, or by contacting OneTeaspoon customer care.

Orders placed online and instore can take up to 24 hours to reflect in a customer’s Bower Club Dashboard.

When a Customer obtains a refund or reimbursement for goods purchased from OneTeaspoon, an adjustment is also made to the Bower Club account in the amount of the reimbursement granted.

 

 

TRANSFERS AND MEMBER ACCOUNT

A customer can only earn Bower Club Dollars for themselves.  Any transactions by one customer, either online or instore, cannot be transferred to a different customer for that different customer to obtain Bower Dollars.

There can be only one customer for each Bower Club membership. Transactions from multiple Customer files cannot be joined into one Bower Club spend amount. It is your responsibility to ensure that OneTeaspoon has only one Member account for you. If you suspect that you have more than one Member account, please contact our customer support team.

Any Bower Dollars cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms. Bower Dollars have no cash or monetary value and cannot be taken or redeemed as cash or equivalent.

 

REWARDS/PERKS

Any rewards, gifts, benefits or offers communicated as part of the Bower Club Loyalty Program:
may include specific offer terms, including expiry dates and redemption conditions. You should read these Terms carefully;
may be used or redeemed only by Bower Club members; and
are not transferable and cannot be redeemed for cash or equivalent;
are subject to availability. 

OneTeaspoon is not liable for any rewards, gifts, benefits or offers not being available for any reason.

If you have opted-out of receiving OneTeaspoon/Bower Club communications you will accumulate points on your purchases, however you may not be eligible to receive additional rewards or perks of the program.

OneTeaspoon reserves the right to change or withdraw the Bower Club rewards and giveaways and these terms at any time without notice.

 

EXCLUSIVE CONTENT

 Content will be supplied to you via your email entered at the time of sign up.

 

DOUBLE POINTS

Some promotions entitle Bower Club members to earn double points.  Double points are only awarded to customers who purchase products through our online and flagship stores during the promotion hours stated.

 

EXCLUSIVE SALES

 Bower Club members may also be offered exclusive sale opportunities. The discounted price can only be used during the times stipulated by terms of that offer and cannot be used with any other offer.

 

CHANGE OF DETAILS

You should advise OneTeaspoon of any change of name or email address via your Bower Club account. OneTeaspoon is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of The Bower Club communications and rewards, gifts or benefits. 

 

SUSPENSION AND/OR TERMINATION

OneTeaspoon may immediately suspend or terminate your participation in the Bower Club Loyalty Program without further notice if you: (a) have breached these Terms; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to OneTeaspoon, the Bower Club Loyalty Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of OneTeaspoon; (d) have supplied or are attempting to supply false or misleading information to OneTeaspoon; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any OneTeaspoon awards, gifts, offers or benefits other than in accordance with these Terms; (f) act in a hostile, abusive or aggressive manner towards any OneTeaspoon staff or any other Customers online; or (g) become bankrupt.

Where your right to participate in the Bower Club Loyalty Program is suspended or terminated, any benefits, rewards and rights you may have at that time under the Bower Club Loyalty Program are also thereby suspended or terminated (as the case may be).

The Customer’s participation in the Bower Club Loyalty Program may be terminated by either OneTeaspoon or the Customer by providing the other party with at least 30 days’ written notice.

 

WARRANTIES AND LIABILITY

 
All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Bower Club Loyalty Program (“Warranties”), are expressly excluded to the extent permitted by law.

Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the “Acts”) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Customer pursuant to any of the Acts,

OneTeaspoon’s sole liability for breach of any such condition, warranty or other obligation is limited to:

1. in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;

2. in the case of any claim relating to Bower Club Dollars, to crediting that number of Bower Club Dollars to the Customer’s account; or

3. in the case of any claim relating to a reward, to crediting the number of Bower Club Dollars redeemable for that reward to your Bower Club Program account.

To the extent permitted by law, OneTeaspoon is not liable to the Customer (or any person claiming under or through the Customer) or any third party for:

1. any personal injury or death to the Customer or any third person;

2. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;

3. the loss, theft or destruction of a The Bower Club reward, gift, offer or benefit;

4. another person accessing your Bower Club account and using your Bower Club Dollars; or

5. any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift, benefit or The Bower Club, arising out of, relating to or connected to the provision or use of the Bower Club Loyalty Program, any reward, gift, offer or benefit or any goods or services supplied by OneTeaspoon.

OneTeaspoon is not liable to the Customer or third party for any delay or non-performance of its obligations under these Terms arising from any cause beyond its reasonable control including, without limitation, act of God, governmental act, war, act of terrorism or vandalism, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.

 

GENERAL INFORMATION

OneTeaspoon expressly reserves the right to change the Bower Club Loyalty Program elements (including, but not limited to, the Bower Club levels, expiry dates or the way in which Bower Club rewards, gifts, benefits or offers are earned and redeemed) or cease running Bower Club at any time (without any liability to the Customer or any third party). OneTeaspoon will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in the Bower Club Program by providing OneTeaspoon with at least 30 days’ written notice after the date you received written notice of the changes or the changes were posted on our website or other social media channels.

A notice or communication is deemed to be given by OneTeaspoon to you if it is sent to your email address listed in your Member account or by otherwise posting it on our website or other social media channels.

Please visit our website for the latest version of these Terms.

You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Bower Club Program, your participation in the Bower Club Program, Bower Club rewards offered or any other transaction within, or arising out of, the Bower Club Program.

If any provision (or part of a provision) of these Terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision applies with whatever modification is necessary to give effect to the commercial intention of the parties.

 

GOVERNING LAW

These Terms, and your participation in the Bower Club Program, is governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the application for your Member account has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms, and your participation in the Bower Club Program, you submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales.