Love Your Body™ Club Terms and Conditions
Effective as of March 28th, 2017
The following Terms and Conditions (“Terms”) between you (“you” or “your”) and The Body Shop International LIMITED, or its subsidiaries, licensees and affiliates (collectively, “The Body Shop,” “we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the Love Your Body™ Club Rewards Program (“LYBC Program” or “Program”) and related services (the “Services”). These Terms also apply to online or in-store sales, which are part of the Services. These Terms are subject to change at any time. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 6 of these Terms below.
The purpose of this Program is to reward and thank valuable customers in Canada for their loyalty to The Body Shop, and for purchasing The Body Shop’s products. The Program allows customers to earn reward points (“Points”) for making qualifying purchases either in-store or online in Canada (“Qualifying Purchases”) that can be redeemed for certain products at The Body Shop’s participating stores or online at www.thebodyshop.com in Canada.
- Modification of the Terms or Services
The Body Shop reserves its rights to change, modify, terminate, or eliminate the LYBC Program and/or any of the LYBC Program’s Terms, Member Benefits, FAQs, or any other descriptions of the Program at any time without notice. Any changes, modifications, or termination of the Program or its terms will be accessible at www.thebodyshop.com and will be effective immediately upon publication the website. The Body Shop is not responsible for providing you with notice of changes; you are solely responsible for reviewing the Terms Benefits, FAQs and other relevant information at www.thebodyshop.com. Please visit this website regularly for any changes to the terms. If at any time you disagree with the Terms of the Program, you must discontinue use of the Program immediately.
- Participation. To join the program, you must provide a valid email address. It is your responsibility to keep us updated if your email address changes. You can end your participation at any time by sending an email to The Body Shop Customer Service Department at https://www.thebodyshop.com/en-ca/customer-care. Upon termination, your participation and all points and rewards earned thereunder will be cancelled.
- Over 18 Years Old. By accessing or using the Program you verify that you are an individual 18 years or older; or if you are under the age of 18, you must be supervised by a parent or legal guardian who agrees to and legally consents to be bound by the Terms of the Program.
- Additional Eligibility Terms. You are prohibited from having or using multiple LYBC Program membership accounts and agree to hold only one Program membership account per individual. Your membership is for personal use only. Program membership accounts are for promotional purposes and may not be used for commercial purposes. The Body Shop reserves the right to terminate your membership in the Program at any time at its sole discretion, including if it determines you have violated the Terms or engaged in unauthorized, fraudulent or unlawful use of the Program.
- Specific Conditions
- LYBC Card. Upon activation of your LYBC Program membership in-store, you will be issued a Love Your Body™ Club Card (the “Card”) which may be used to accumulate Points with Qualifying Purchases (as defined below), and which may be used with your first purchase. Members who have registered online and wish to receive a Card may do so by requesting one be issued in-store by a sales associate. The Card must be presented at the time of any Qualifying Purchase at a participating location of The Body Shop to earn Points. The Card is the property of The Body Shop and must be surrendered upon request. Lost or stolen Cards will not be replaced. The Card is non-transferrable, non-assignable, and may not be shared. The Card is a rewards card and has no cash value. Void where prohibited.
- Qualifying Purchases and Points. Qualifying Purchases include the purchase of any product or service currently offered by The Body Shop either online or in-store, but do not include past purchases, or the purchase of gift cards, charitable items, or the LYB Membership. Members receive one Point for each $1 spent on a Qualifying Purchase. Purchases made with promotional birthday discounts, earned discounts from the Love Your Body™ Program or LYBC Points may not be counted towards accumulating Points. The maximum amount of points that can be earned in any one single day is 500. You can redeem a maximum of 5 discount rewards per transaction. Points and discounts are non-transferrable, have no cash value and are promotional in nature. Unused Points and discount rewards shall expire 24 months from the last date of customer activity under the Program or such later date as may be required by applicable law. For the purposes of the Program, "customer activity" means any of (i) the customer accumulating additional Points, (ii) the customer earning a discount reward, or (iii) the customer applying a discount reward to a purchase, or (iv) the customer donating the value of a discount reward to one of the LYB nominated charity partners.
- Points Redemption. For every 100 Points you accumulate on your Program account, you will earn a one-time discount reward of up to $10 on your next purchase of a Qualifying Product online or at a participating location of The Body Shop. If the amount of the Member’s purchase exceeds the maximum discount provided for earned points, the Member must pay the difference (including tax). Unused discount rewards shall expire 24 months from the last date of customer activity under the Program or such later date as may be required by applicable law.
- Birthday Reward. As a member of the LYBC Program, The Body Shop will send you a promotion during your birthday month (“Birthday Reward”), which may be in the form of a discount (“Birthday Discount”) or product, according to The Body Shop’s sole discretion. All Birthday Rewards must be redeemed within the stated time frame. If the Birthday Reward is in the form of a Birthday Discount on Qualifying Purchases, you will be responsible for paying the difference (including tax) if you choose to apply the Birthday Discount to a product that exceeds the stated promotional value. Any unused value of a Birthday Discount will not be refunded if the selected product’s retail price is less than the stated promotional value of the Birthday Discount. At the time of the Birthday Discount redemption, the contents of your cart must exceed the Birthday Discount amount before it can be applied. Once the amount of the cart exceeds the Birthday Discount amount, the Birthday Discount will be applied towards your total order value.
- Charity Partner Reward Donations. Upon receipt of your $10 discount reward, you may choose to donate the value of your discount reward to one of the LYBC nominated charity partners. The Body Shop will calculate the value of all donations made by members and transfer the value of such donations to the charity partner. The nominated charity partners receiving the individual donations will issue receipts evidencing your donation directly to you. You hereby consent to The Body Shop providing your contact information to such charity partner organization for purposes of facilitating the issuance of the donation receipts. Donations made to a charity partner through such charity’s nominated third party service provider will be reduced by the fees charged by such service provider.
- The LYBC Program accounts, Cards, benefits, Points, discount rewards and any special offers are non-transferrable, non-assignable and may not be shared and are void where prohibited.
- Points and discount rewards earned will be updated in your account within 48 hours of a qualifying transaction. You may log in to your Love Your Body account online at www.thebodyshop.com to view your points balance and rewards. You may also inquire about your points balance by contacting our Customer Service Centre online at https://www.thebodyshop.com/en-ca/customer-care or by calling 1-800-263-9746.
- Termination. Your LYBC membership will expire after 24 months of no customer activity and any unused points and discount rewards will be forfeited.
- DISCLAIMER and LIMITATIONS OF LIABILITY
- THIS LYBC PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- THE BODY SHOP’S AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO THE BODY SHOP FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. THE BODY SHOP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
- THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF THE BODY SHOP ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
- From time to time, there may be information on our website or in our brochures that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Body Shop reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
- Governing Law and Venue
These Terms are governed and interpreted pursuant to the laws of the Province of Ontario, irrespective of the choice of law rules of any court or other governing body in that jurisdiction. Any disputes in connection with these Terms that shall be resolved exclusively by the courts of Ontario.