BOARDRIDERS CLUB TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN OUR BOARDRIDERS CLUB, 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 OUR BOARDRIDERS CLUB.
When you create a user account, you will be enrolled in the Company’s loyalty program (hereafter the “Boardriders Club”) and you agree to receive Boardriders Club emails. By creating an account and participating in the Boardriders Club, you agree (or, if you are under 18, you have obtained your parent or legal guardian’s consent) to participate in the Boardriders Club and receive commercial electronic messages from Company.
The Boardriders Club is valid online at the websites www.quiksilver.com.au, www.quiksilver.co.nz www.roxyaustralia.com.au, www.roxy-newzealand.co.nz, www.dcshoes.com.au and www.dcshoes-newzealand.co.nz (hereafter, “Participating Websites”) and at participating “Boardriders”, “Quiksilver”, “Roxy” and/or “DC Shoes” company owned retail stores in Australia and New Zealand (hereafter, “Participating Stores”).
Acceptance of terms and conditions of membership
Individuals aged under 18 years must obtain prior authorization from their parent, guardian or legal representative to join the Boardriders Club. By participating in the Boardriders Club, you represent that you have obtained such permission. Employees, officers, directors, agents and representatives of Company are ineligible for membership in the Boardriders Club.
You must read and agree to these terms and conditions of membership in the Boardriders Club (“Club Terms”), as set out below.
Company may, in its sole discretion, alter, limit, or modify the Boardriders Club rules, regulations, rewards, eligibility for membership, or any other feature of the Boardriders Club or may suspend or terminate the Boardriders Club at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in sub-section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in the Boardriders Club if Company determines in its sole discretion that you have violated these Club 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.
Operation of the Boardriders Club
As a Boardriders Club member, you can earn Boardriders Club points (“Points”) by (i) purchasing Company brand (i.e., Boardriders, Quiksilver, Roxy and DC Shoes) merchandise(excluding the purchase of e-gift cards, gift cards, and/or shipping) on Participating Websites and at Participating Stores; and (ii) participating in Point-earning activities offered by Company from time to time (e.g., updating your profile, responding to a survey, etc.). Points earned in this way give you the ability to achieve different membership levels offering access to select rewards (“Rewards”) as determined by Company in its sole discretion.
Membership in the Boardriders Club
To join the Boardriders Club, simply ask about it at one of our Participating Stores or join online at the Participating Websites. You must create an online user account in order to participate in the Boardriders Club. Upon joining the Boardriders Club, you will receive a welcome email with a digital membership card. You will periodically receive emails from us. While you may opt–out of the marketing emails at any time, transactional emails may still be sent to you as they relate to your membership in the Boardriders Club. Examples of these are: the welcome email, account status emails, voucher notifications, anniversary and birthday offers or other communications that help us to maintain your user account. If you opt out of marketing e-mails, you may not be notified of all member offers that you would have otherwise been notified about had you agreed to receive marketing e-mails from us (e.g., special promotions). You may still access your membership status, earned Points and discount vouchers, 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 the Boardriders Club, particularly in the case of two people with the same name.
Only one membership in the Boardriders Club 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 Club 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 Boardriders Club, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned or transferred.
The Boardriders Club has 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 the Boardriders Club; 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 Boardriders Club membership, each with its associated Rewards.
Bronze: When you create a user account at the Website, 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 membership 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 for Silver membership and will instead receive 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 for Gold membership and you will instead receive Silver membership (if you would otherwise be eligible for Silver membership) or Bronze membership, (if you would not otherwise be eligible for Silver membership either, based on the number of Points earned in the relevant 12-month period).
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.
For more information about membership levels see the Boardriders Club overview.
Your membership Rewards may include (without limitation) the following:
Welcome points: After joining the Boardriders Club, your user account will be credited with 300 Points;
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 e-mails, you may not be able to receive Rewards via e-mail.
For more information about Rewards see the Boardriders Club overview.
Points have no monetary or real-world value. Unless a special offer is applicable (e.g., double points offers), you shall earn one Point for every Australian or New Zealand dollar [$1.00] you spend (based on country of purchase) (excluding the purchase of e-gift cards, gift cards, and/or shipping) on a Participating Website or in a Participating Store. Points earned depend on the value of your purchase and will be rounded up to the next dollar. When making a purchase on a Participating Website, 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 a Participating Website using the guest checkout option. Any purchases you make prior to joining the Boardriders Club 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.
For more information about points see the Boardriders Club overview
Updating Your Account
Participation in the Boardriders Club requires an e-mail address and a valid password. You should keep your account details and user password confidential. 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 updating 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 or email@example.com.
Fraudulent Use of the Boardriders Club
Any fraud, attempted fraud or theft on a Participating Website or at a Participating Store, any wrongful or inappropriate use of the Boardriders Club, 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 Club Terms may result in the automatic suspension or permanent deactivation of your membership in the Boardriders Club. Company reserves the right to suspend or deactivate your account, the Boardriders Club and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Club Terms or through misuse or fraudulent use shall be cancelled without any form of compensation.
Amendment, failure or interruption of the Boardriders Club
Company reserves the right to amend these Club Terms at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend, suspend or cancel the Boardriders Club.
Company excludes all liability for all consequences, direct or indirect, of any failures of the Boardriders Club. No amendment, withdrawal or failure of the Boardriders Club shall give you an entitlement to compensation. If the Boardriders Club is suspended or cancelled, 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 THE BOARDRIDERS CLUB, BE LIABLE FOR (AND ANY LIABILITY IS HEREBY EXCLUDED FOR) ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN THE BOARDRIDERS CLUB, 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 THE BOARDRIDERS CLUB.
BY PARTICIPATING IN THE BOARDRIDERS CLUB, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BOARDRIDERS CLUB, THE REWARDS, AND THE PARTICIPATING WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE PARTICIPATING WEBSITES OR THE BOARDRIDERS CLUB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE PARTICIPATING WEBSITES, OR WITH RESPECT TO THE BOARDRIDERS CLUB OR REWARDS WILL BE CORRECTED.
PARTICIPATION IN THE BOARDRIDERS CLUB IS UNDERTAKEN AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXCLUDES ALL LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE PARTICIPATING WEBSITES OR IN CONNECTION WITH THE BOARDRIDERS CLUB. 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.
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