Kypris U.S. Loyalty Circle Rewards Program Terms and Conditions
Last updated September 1, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE KYPRIS LOYALTY CIRCLE REWARDS PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HERE IN AND ALL TERMS INCORPORATED BY REFERENCE. SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. MEMBERSHIP ELIGIBILITY AND OVERVIEW
1.1. The KYPRIS Loyalty Rewards Program, called The KYPRIS Circle of Enchantment, (“Program”) is offered at the sole discretion of Handmade Love, LLC (dba KYPRIS) (“KYPRIS” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations, or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to become members. This Program is not targeted at children or intended for use by anyone under the age of 18. Employees of KYPRIS are not eligible to participate in the Program. Membership in the Program is voluntary and you do not need to join the Program to purchase our products. No purchase is necessary to join the Program. We reserve the right to limit the number of participants in the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
1.3. The Program is only available on kyprisbeauty.com within the United States.
2. PROGRAM ENROLLMENT
2.1. Eligible individuals may enroll in the Program by visiting https://shop.kyprisbeauty.com/pages/loyalty-rewards-program# (the “Site”) and follow the Program prompts to register for the Program.
2.2. You are required to provide your full name and email address in order to enroll. If you enroll at the Site, you must also create a password in order to enroll. Once you provide this information, you will be enrolled in the Program and provided a Member account. In order to access certain Program benefits and rewards, you will need to provide us with your birth date not including birth year. Your Birth date is not mandatory for Program enrollment, but if it is not provided, you will not receive certain rewards. In order to access Surprise and Delight gifts, you will need to provide us with a valid mailing address. This is not necessary for program involvement, but if a mailing address is not provided, you will not receive these gifts. You will also have the opportunity to provide us with your mobile phone number, but this information is optional. Please note, that to redeem points for a Reward, you must have a valid mailing address linked to your Member account. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site or by emailing firstname.lastname@example.org.
2.3. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these 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.
3. HOW THE PROGRAM WORKS; PROGRAM BENEFITS
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to earn points and unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Once you unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis, (collectively, “Rewards”). Rewards will generally be in the form of a gift with purchase. Therefore, in order to redeem a Reward, we will generally require you to purchase a full priced item at the same time as redeeming the Reward.
3.2. Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
3.3. The Program is a tier-based program determined by the number of points a member has earned on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:
- KYPRIS Community: 0 – 2500 points
- KYPRIS Patron: 2500 – 5000 points
- KYPRIS Devotee: 5000+ points
When you join, you’ll automatically be placed in the KYPRIS Community and you’ll be eligible for all the benefits KYPRIS Community members receive. Your membership in a certain Tier is determined based on your total spend or how many points you have earned over a twelve-month period. Once you earn at least 2,500 points in a twelve-month period, you’ll be automatically moved up to KYPRIS Patron. If you earn 5,000 points or more in a twelve-month period, you’ll qualify for KYPRIS Devotee. Once you have been in a tier for 12 months, we'll re-evaluate your points and purchases for the preceding 12 months. At this point, you may remain in the same Tier or move down to a lower Tier, depending on your total spend or points earned during such twelve-month period.
3.4. Members receive 1 point for every 1 U.S. Dollar ($1) spent on eligible purchases at the Site. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site. For your purchase to qualify, you must purchase qualifying products. Qualifying purchases include regular priced merchandise, and exclude gift cards, sales tax, state fees, shipping charges, returns, refunds, or items purchased with a gift card or any Rewards, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, value sets, select premium products and services, and other specified products.
3.5. Neither accounts nor Rewards may be shared or combined. Only the member paying for the products may accumulate points or obtain Rewards. We reserve the right to monitor the number of accounts per household and refuse, merge, or close additional or duplicate accounts at any time.
3.6. Benefits, points, and Rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for Rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for Rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any Rewards, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from Rewards earned under the Program are the responsibility of the member.
3.7. We reserve the right to change Program benefits and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program, the number or types of Rewards you may receive or earn in a given time period or for the duration of the Program, and/or any combination thereof. Program purchases, as reflected in our records, shall be deemed correct and we reserve the right to determine the qualification for any transaction and to correct or modify the Rewards at any time based on our records and calculation of account information. We are not responsible for communications or Rewards lost due to an inaccuracy in or change of e-mail, address, or other contact information.
3.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact our KYPRIS Customer Care at email@example.com. Your email must specify your name, address, phone number, email address associated with the Program, order number, if applicable, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than thirty (30) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.9. Rewards can only be redeemed on the Site. Rewards will generally consist of gift with purchase offers and will require the purchase of a full priced item for redemption of the Reward. Purchases made in retail stores or through other online retailers are not eligible for the Program. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3.10. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
4. MARKETING COMMUNICATIONS
4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving Program related emails, including Program marketing emails, and KYPRIS emails, including marketing emails.
4.2. You may opt-out of receiving KYPRIS marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Program, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications.
5. TERMINATION AND MODIFICATION
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict, or terminate these Terms, the Program, or any aspect or feature of the Terms or the Program at any time without prior notice, even though such changes may affect the value of Rewards already accumulated or earned and/or the ability to redeem accumulated Rewards. We reserve the right to change Rewards, how you earn and reach each Program tier and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Program, or any combination thereof. Your continued participation in the Program indicates your acceptance of the then-current Terms. Rewards can only be redeemed on the Site, unless otherwise expressly authorized by us. You cannot combine Rewards with any other coupon or promotion.
5.2. We reserve the right, at any time, in our sole discretion and for any reason to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation, or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent, other unauthorized use of any Program Rewards and/or benefits, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked or discontinued for any reason, including inactivity, any Rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. No extensions, cash refunds or other exchanges will be allowed for points or credits that have been removed from your account based on inactivity. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Terms, we also have the right to take appropriate legal action. Further, we reserve the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentation to us.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time on the Site. If you cancel your membership, you will lose all accumulated points and benefits, and your tier status will automatically expire.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1. NEITHER KYPRIS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, MANAGERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER KYPRIS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, MANAGERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER, NEITHER KYPRIS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, MANAGERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (US$100.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, partners, members, managers, licensors, officers, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation, or these Terms. This Section 7 and Section 6 above shall survive termination of the Program or termination of member’s participation in the Program.
8. GOVERNING LAW AND DISPUTES
8.1. This Program and these Terms will be governed by and construed under the substantive laws of the State of Arizona, as if they were a contract wholly entered into and wholly performed within Arizona and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ARIZONA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. CONTACT US
For information about the Program and your membership, contact firstname.lastname@example.org. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers to helpful frequently answered questions in our FAQS.
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