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The Cult - T&Cs

1. Purpose of T&Cs.

  • These term and conditions will explain how you can earn points using when you join The Cult, and furthermore how to use your points to claim rewards.
  • To take part in The Cult all terms and conditions must be accepted by the user, including any subsequent updates.
  • By registering and taking part in our loyalty program you are taken to have read and agreed to these terms.

2. Our promise to you.

We shall act both fairly and reasonably towards you, taking into account your—and our—respective interests. This will include whenever we are:
  1. Considering any requests made by yourself;
  2. Deciding whether to give our consent, or to exercise a right, discretion or remedy; or,
  3. Setting any conditions for doing any of these things.
Please note that we withhold the right to make or change a decision at any point, including where delays, temporary waivers, or deferences may occur.

3. Points explained.

    1. Points do not have any monetary value, except to the extent specifically provided for by a reward. Points are not property and cannot be redeemed as cash.
    2. Points will be awarded for each eligible transaction made in our application for loyalty program members. Users must be signed up to our program to begin earning points.
    3. Points cannot be backdated nor transferred from other user accounts—even that of the same user name.
    4. Points are earned for each whole $1.00 spent of the value of each eligible transaction. Simply put, for every dollar spent on eligible purposes, you will gain one loyalty point, however GST and Shipping costs do not apply for points redemption
    5. Under no circumstances can points be sold.  
    6. We withhold the point to limit point earning eligibility on discounted or promotional purchases.

    4. Bonus Points.

    • During promotional periods, the number of points earned per dollar spent may increase during promotional periods which will be clearly defined campaigns with start and end dates specified—in the event of no end date being specified, we reserve the right to end promotional period increased point earning at our own discretion.
    • Bonus points may differ in usability from that of ordinary points, as will be clearly defined during any promotional bonus point campaign.

    5. Displaying Points.

    Your point balance will be displayed within your loyalty account. This balance will include:
    • Points awarded for eligible transactions debited to your loyalty account.
    • Bonus Points awarded in accordance with special promotions.

    6. Transactions Illegible for Earning Points.

    There may be some transactions which can be made that will not earn points for your account. These may include:
    • Unauthorised purchases for which you are not liable.
    • Purchases made of promotional items noted not to be part of the points campaign.
    • Refunded purchases.
    • Purchases made in-store or with a supplier. 

    7. Things That Can Reduce Your Balance.

    Your loyalty points balance will be reduced when:
    • Yourself, or someone authorised by you, uses your points to claim a reward.
    • Your points expire, as stated in section 8.
    • A refund or reimbursement for a transaction previously made is debited to your user account. This may happen for a number of reasons, such as returning or cancelling unwanted goods or services.
    • There has been unauthorised transactions from your account for which you are not liable.
    • Points were incorrectly allocated to your points balance.
    • If we reasonably suspect you have behaved fraudulently in connection to your loyalty account and are not entitled to points earned.
    When points decrease, this will be displayed by your updated points value in your loyalty account. The points value will be calculated using the rate at which the points were originally allocated.

    8. Expiration of Points.

    • Points in your loyalty account must be claimed within 12 months form the date of the transaction earning those points. Points that remain unused after 12 months will expire and be forfeited.
    • Closure of your loyalty account will result in immediate expiration of your points. These points will be immediately forfeited and cannot be reactivated upon creating a new account.
    • If our loyalty program gets terminated by us, we will notify all loyalty users how long they have to use remaining points before final expiration.
    • No other users are legible to use your points: If for whatever reason we are notified that your account has been compromised and given to another, we reserve the right to instantly expire remaining points. Should this happen incorrectly please contact us immediately.

    9. Keeping Track of Points.

    To keep track of points you can log in and view your balance and history of points redemption.
    Looking at your points statement will indicate when the next expiration of points will occur if unused.
    Looking at your points statement will also show a history of earned, redeemed, or disqualified points.

    10. Rewards Explained.

    To thank users for their loyalty to our brand, we will have rewards available to be redeemed using your points.
    • The rewards available for redemption and the number of points required to redeem each reward at any given time will be set out in our loyalty program. You can view the available awards at any time through the loyalty section of our application. Different awards may be available for different users subject to their location, purchase orders and available points.
    • You can only claim rewards that are currently available and listed on our loyalty program at the time. Rewards are subject to availability, substitution, or cancellation. At any time and without prior notice we may change the available rewards by withdrawing, limiting, modifying or cancelling the continued availability of a reward—or the number of points required to obtain a particular reward.
    • In addition to these terms and conditions, rewards may be subject to some special additional terms. These terms may be imposed on us by a third party rewards provider.  Our responsibility in connection to rewards providers is limited, and explained in clause 11.
    Except with our clear consent, after you have placed your request for a reward you cannot:
    • Return the reward, or receive a points refund/credit to your points balance.
    • Exchange the reward or receive any consideration—including for cash.
    • Replace the reward for the same, or another reward if your reward is lost, stolen or otherwise destroyed after it is delivered to you. This applies to all reward types including gift cards and vouchers.
    Physical rewards will only be delivered to addresses within our service area zones and will not be delivered to a PO Box address.
    Note that if someone other than yourself claims a reward on your behalf then these terms and conditions will apply as if you had claimed the reward. If we have been negligent or fraudulent then contact us immediately and we will assist with rectifying the situation.

    11. Reward Responsibility.

    We give no verbal, written or implied warranty about any Rewards provided under our loyalty scheme. In particular, we do not represent that any particular reward is suitable for a particular purpose for which you intend to use it.
    Note that this does not prevent you from claiming against us whereby we supply services in connection with this loyalty program. If you are a consumer, consumer protection laws include non-excludable warranties which may entitle you to compensation and we can only limit our liability in the way and to the extent it's permitted by those laws.
    If we are liable for the breach of any term implied by law, our liability for loss or damage from the breach is limited to:
    • supplying the service again or paying the costs of having the service resupplied; or
    • replacement or repair of the reward or payment of the cost of replacing or repairing the reward.
    Except to the extent provided by law we do not accept any liability for:
    • the loss, theft or destruction of a Reward;
    • loss arising from the death, injury or consequential loss arising from the supply of a Reward; or
    • any disruption to rewards, delay or inability to provide a reward caused by circumstances beyond our control like industrial disputes or acts of God.
    We make every reasonable effort to ensure the description of offers in connection with bonus points, rewards and rewards provider terms are correct. 

    12. Resolving Disputes.

    Should have have a complaint in relation to our loyalty program, please contact our help team directly by emailing info@mountainculture.com.au
    We aim to resolve problems promptly. If we cannot find an instant solution we will let you know how long we expect it to take. Once we have completed our investigations we will let you know our decision, and the reasoning behind it. We also welcome feedback directly as we strive to act in your interest and provide great customer service through fair decision making.

    13. How to Communicate with Us.

    As noted in section 12, you can contact us directly through our info email, or via Facebook or Instagram messenger.
    If we need to contact you, we will send emails to the address you provided for your account. In case we need to update you urgently, our help team may phone the number attached to your account if one has been provided.
    You are responsible for notifying us for any changes to your contact details.

    14. Personal Information.

    By signing up to our loyalty program, we will need to collect, hold, use, disclose information about you in connection with your account, points and rewards.

    Information will include certain personal information and transaction information relating to points earned and requests for rewards.

    We will use this information for purposes of our loyalty program to provide and market rewards and services to you. We will not share your details with any third party.

    We may disclose this information to others in connection to our loyalty program including to:
    • Our service providers and agents engaged for the purpose of the administration provision of services relating to our loyalty program. 
    We treat all personal information with care and in accordance with our privacy policies.
    We may also use or disclose your personal information to let you know about offers and news relating to our loyalty program electronically—e.g. email, SMS, and social media. We will act with your best interests in mind to communicate news to you, and you can let us know at any time if you no longer wish to receive our marketing. We will process this request as soon as practicable.

    15. Loyalty Program Termination.

    We may terminate our loyalty program at any time acting reasonably. Where possible, we will give you at least 90 days’ notice of the termination and cancellation of your loyalty account (if applicable). Circumstances where prior notice may not be possible include where we are affected by events outside our control (for example, one of our key Rewards partners terminates their arrangement with us or can no longer perform their obligations).
    If we give you notice after termination, Points will only continue to be credited to your Points Balance in relation to transactions that occurred prior to the date of termination.

    Any notice we give will include the general reasons for termination (if possible), and the time period available to you to use points in your points balance to claim rewards. We will define the time limit remaining before final expiration of all points.

    Examples of when we may terminate include, but are not limited to:
    • where you are in default under these terms and conditions or the terms and conditions of another facility that the customer has with us;
    • where we believe on reasonable grounds that the continued operation of the account may cause loss to the Customer or us.
    These examples are for guidance only and do not limit our ability to cancel the account.

    16. Changes to Terms and Conditions.

    We reserve the right to change and update our terms and conditions when required.  Whilst these changes may come without prior notice, we will notify users of any major updates to ensure full transparency.
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