TERMS AND CONDITIONS
Last updated August 10, 2022
The Hair Shop’s loyalty program (the “Program") is offered by The Hair Shop, Inc. ("Company") to customers making purchases and to potential customers on thehairshop.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. This Agreement (“Agreement”) sets forth the terms and conditions \of the Program. Customers who wish to participate in this Program (“Member” or “Members”) agree to the rules, regulations and policies of the Program as set forth in this Agreement.
MEMBERS' ACCEPTANCE OF TERMS
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, which are set forth herein, herein, including the provisions below requiring mandatory and binding arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable and compliant with the terms and conditions of the Program. Company reserves the right to disqualify Members who have violated any of the terms and conditions of the Program as set forth in this Agreement.
COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM
Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these terms and conditions as set forth herein, in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.
The Program is open to U.S. residents. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.
Individuals can enroll and thereby provide consent to opt-in to this Program by creating an account at thehairshop.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting www.thehairshop.com/account.php and updating their Member account.
Company will communicate with Members about marketing via mail, email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
Merchandise returns must be made in accordance with Company's return policy available at https://www.thehairshop.com/return-exchange/. Upon the return of an item, the spend amount applied to Program Level status for the original purchase will be deducted from the Member's account.
Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at thehairshop.com, count toward your Program tier status. The amount of a purchase made with store credit as method of payment will not be applied to Tier Level earnings. The amount of a purchase made with The Hair Shop gift card as method of payment will not be applied to Tier Level earnings. The purchase of The Hair Shop gift card will be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation at the sole discretion of Company.
Program tier status is based solely on a customer’s total dollar spend on thehairshop.com. The criteria for each Tier are as follows:
- Inspired: A customer receives Inspired status upon creating an account at thehairshop.com. However, the customer will not be eligible for specific benefits until he or she makes an initial purchase.
- Enthused: If a customer’s account accumulates five hundred dollars of total spend on thehairshop.com, they will receive Enthused status for a 12-month period. Each new 12-month period requires the customer to spend $500 on thehairshop.com to retain Enthused status. If a customer does not spend $500, the customer will revert to Inspired Status, losing Enthused benefits. In order for the customer to regain Enthused status, the customer must make accumulate spend of $500 or more.
- Obsessed: If a customer’s account accumulates two thousand dollars of total spend on thehairshop.com, they will receive Obsessed status for a 12-month period. Each new 12-month period requires the customer to spend $2000 on thehairshop.com to retain Obsessed status. If a customer does not spend $2000, the customer will revert to Enthused Status, losing Obsessed benefits. In order for the customer to regain Obsessed status, the customer must accumulate spend of $2000 or more.
- Addicted: If a customer’s account accumulates five thousand dollars of total spend on thehairshop.com, they will receive Addicted status for a 12-month period. Each new 12-month period requires the customer to spend $5000 on thehairshop.com to retain Addicted status. If a customer does not spend $5000, the customer will revert to Obsessed Status, losing Addicted benefits. In order for the customer to regain Addicted status, the customer must accumulate spend of $5000 or more.
For more information on Program tiers, see https://www.thehairshop.com/the-rewards-shop/
VALID EMAIL ADDRESS
A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.
RIGHT TO REVOKE
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.
Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.
All current employees of Company are ineligible to participate in the Program.
PROGRAM BENEFITS AND DETAILS
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following shall apply:
Early access to The Hair Shop product valid for Obsessed & Addicted members. Members must be signed in to Member’s The Rewards Shop account. Terms of offer are subject to change.
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.
Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
The terms and conditions of this Agreement, the relationship between Members and the Company, and all aspects relating to the Program shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN SAN FRANCISCO, CALIFORNIA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
RELEASE OF LIABILITY AND LIMITATION ON DAMAGES
You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to your membership or participation in the Program or this Agreement. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members' participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned solely by Company and may not be registered by Members in the United States and internationally.
All program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned solely by Company and may not be registered by Members in the United States and internationally.
NOTICE OF FINANCIAL INCENTIVE INFORMATION UNDER CONSUMER PRIVACY ACT (CCPA)
Company provides notice of financial incentive information under the CCPA in connection with this Program. Description of the financial incentives offered by the Company to customers who become Members under this Program are described above in this Agreement.
The categories of the Members’ personal information implicated by the financial incentive under this Program include the following:
(1) Identifier (contact details, such as real name, alias, postal address, telephone number or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account number).
(2) Date of birth.
(3) Commercial information (transaction information, purchase history, financial details, and payment information.
The financial incentives provided to Members under this Program as described herein are reasonably related to the value of the Members’ personal data to Company. The intent of the Company in collecting the Members’ personal data under this Program is not to obtain any benefits from the collection of such personal data, but to use the personal data in order to provide benefits to Members in recognition of the purchases made by Members. Therefore, the collection of personal data is not the purpose of this Program, but solely a byproduct of this Program. The value of the collection of personal data for Company is solely to use the data to administer and track benefits under this Program.
This Agreement has provided information on how Members can opt-in to this Program. Members have a right to withdraw and opt-out from this Program at any time. Members can exercise the right to withdraw and opt-out from this Program by emailing Company at email@example.com with a request to withdraw and opt-out at any time. Please email us with any questions you may have about the Program.