LOVE YOUR BODY CLUB TERMS AND CONDITIONS
LOVE YOUR BODY™ CLUB
Last Updated: July 26, 2019
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. THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 6, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST THE BODY SHOP ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST THE BODY SHOP IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 6 of these Terms below.
1. Purpose The purpose of this Program is to reward and thank valuable customers in the United States 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 (as defined below) that can be redeemed for certain products at The Body Shop’s participating stores or online at www.thebodyshop.com in the United States.
2. 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, the VIP Tier, 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. Your continued participation in the Program after we make changes to it or to these Terms signifies your acceptance of such changes. If at any time you disagree with the Terms of the Program, you must discontinue use of the Program immediately.
a. 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 help.thebodyshop.com/en-us/?contact=true. Upon termination, your participation and all points and rewards earned thereunder will be cancelled.
b. 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.
c. 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.
5. Specific Conditions
a. 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 and is not legal tender. Void where prohibited.
b. 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 (1) 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 200 on single points and 400 on double points. You can redeem a maximum of 5 discount rewards per transaction and a maximum of 5 discount rewards per day. Points and discounts are non-transferrable, have no cash value, are promotional in nature, and do not give rise to any property or other interest whatsoever. Unused Points expire 12 months from the date of accrual. The maximum amount of spend per year to earn points is $1,000 with a limit of 10 discount rewards redeemed per year.
c. 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 (1) online or at a (2) participating location of The Body Shop.
(1) For online purchases, the discount will apply only if the contents of your cart exceed the discount amount. Once the amount of the cart exceeds the discount amount, the discount will be applied towards your total order value.
(2) For purchases at participating locations of The Body Shop, the discount may be applied to a purchase for less than the maximum amount of the discount earned, but the difference between the purchase and the maximum value of the discount will not be carried over to a future purchase.
For both online and at participating locations purchases, 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 will expire 3 months from the date of issuance.
d. VIP Tier. Members who make six (6) or more purchases exceeding $125 in a single one-year period will qualify for the Love Your Body™ Club VIP Tier. VIP Membership will last for a one-year period. VIP Membership is not permanent. In addition to the benefits you receive as a Love Your Body™ Club Member, VIP Members also receive: (1) a free gift on your birthday; (2) access to extra discounts and sales; (3) early invitation to special events; (4) a free gift upon achieving VIP status; and (5) free two-day shipping on purchases of $60 or more. Each of these VIP benefits is subject to change and based on availability, as determined solely by The Body Shop.
e. Birthday Reward. As a Qualifying Member of the Love Your Body™ Club 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. A Qualifying Member is any member who has made at least one purchase with The Body Shop within the past 12-month period. 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. For online purchases, 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. Customers must make at least one purchase with, the said, active Love Your Body™ Club account before they are eligible to receive a birthday reward in their account.
f. 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. If you elect to donate two or more vouchers to the LYBC charity partner National Parks Conservation Association (NPCA), you will receive a free membership to NPCA. You hereby consent to The Body Shop providing your contact information to such charity partner organization for purposes of facilitating the issuance of the free membership.
g. Member Communications. By joining or otherwise participating, you agree to receive communications about the Program, as well as advertising and marketing material from The Body Shop. Members may unsubscribe from The Body Shop emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from The Body Shop’s emails, you may no longer receive email updates about Program benefits. For information about your communication preferences, contact Customer Service at 1-800-263-9746.
h. 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.
i. 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 Center online at help.thebodyshop.com/en-us/?contact=true or by calling 1-800-263-9746.
6. ARBITRATION AND CLASS ACTION WAIVER
a. Mandatory Binding Arbitration. You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, thebodyshop.com or these Terms, SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT to assert or defend your rights arising out of or relating to these Terms, except for matters that may be taken to small claims court. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in New York, New York, and the parties consent to exclusive jurisdiction and venue in such courts. You and we acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).
b. AAA Rules. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.
c. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
d. Limitation on Aggregating Claims. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that the CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
e. Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
F. Other Terms. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your Program membership ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
7. DISCLAIMER and LIMITATIONS OF LIABILITY
a. 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.
b. 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.
c. 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.
d. IN NEW JERSEY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF THE BODY SHOP ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
e. 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).
8. Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, result in court action, shall be resolved exclusively by a state or federal court located in New York, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non convenient.