The Bean Collective - Terms and Conditions

THE BEAN COLLECTIVE TERMS AND CONDITIONS

 

Welcome to The Bean Collective!

 

What are these terms about?

The Bean Collective is a loyalty program (Program”) managed by The Jojoba Company (also referred to in these terms as “our”, “we, or “us”) for the benefit of our customers. “You” in the context of these terms means you!

As a loyal member of the Program, you will be rewarded for every purchase you make, unlocking more benefits with every purchase each year.

These terms apply when you enrol into the Program by registering online at www,thejojobacompany-com-au.myshopify.com/ (“Website”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: www.thejojobacompany-com-au.myshopify.com/pages/privacy-policy.

Please let us know if you have any questions about these terms. If you don’t agree to these terms, please do not enrol into the Program. By enrolling into the Program, you agree to be bound by these Terms.

 

I’ve returned to your Website, do I need to read these terms again?

We may change any part of these terms at any time by updating this page of the Website, including by changing the amount you must spend to qualify for certain tiers (“Spend”), the benefits and rewards applicable to each tier (“Benefits”) or any other feature of the Program, so you may find that different terms apply next time you interact with the Program.

You can check the date at the top of this page to see when we last updated these terms.

 


 

TERMS AND CONDITIONS

  • ELIGIBILITY
    • You must be an individual and an Australian resident to be eligible to enrol into the Program.
    • By registering for an Account and enrolling into the Program, you represent and warrant that you are:
      • an individual and not a company or organisation;
      • an Australian resident;
      • not an employee or individual employed by The Jojoba Company; and
      • not an employees or individual employed by our stockists.
    • ENROLMENT
      • ACCOUNT
        • To enrol into the Program, you must sign-up, register and receive an account through the Website (Account).
        • As part of the Account registration process, you may be required to provide personal information and details, such as your email address, first and last name, birthday, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.
        • You agree that you are solely responsible for:
          • maintaining the confidentiality and security of your Account information and your password; and
          • any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
        • You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
        • Once you complete the Account registration process, we may, in our absolute discretion, choose to enrol you into the Program and provide you with an Account.
        • We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
      • COMMUNICATIONS
        • By enrolling in the Program, you consent to receiving marketing emails and communications relating to the Program from us, including reminder emails notifying you that you are about to fall into a lower tier.
        • You may opt-out of receiving marketing emails and communications relating to the Program by following the instructions provided in the email, or otherwise in accordance with our Privacy Policy.
        • You acknowledge and agree that by opting out of communications relating to the Program, you may not receive emails relating to your Program tier status or the Benefits applicable to that tier.
      • overview of program
        • TIERS AND MEMBERSHIP CYCLE
          • The Program is a tier-based program. Your tier is determined by the amount you Spend in a Membership Cycle. To upgrade to a higher tier, you must Spend the minimum amount required by that higher tier within a Membership Cycle.
          • A “Membership Cycle” means a period of 12 months from the date on which you are enrolled into the current tier. A new Membership Cycle will start at the end of this Membership Cycle.
          • If your tier changes during a Membership Cycle, a new Membership Cycle will be counted instead from the date of change.
          • There are 3 tiers in the Program:
            • JOJOBA PLANT - $29.50 to $150.00 Spend per Membership Cycle;
            • JOJOBA BEAN - $150.01 to $500.00 Spend per Membership Cycle; and
            • GOLDEN JOJOBA - $500.01+ Spend per Membership Cycle.
          • For the avoidance of doubt, if you do not Spend the minimum amount of $29.50 required by the base JOJOBA PLANT tier, you will remain enrolled in the Program but not qualify for any tier nor any Benefits in any tier.
        • ELIGIBLE PURCHASES
          • For a purchase to be eligible for the Program:
            • you must be signed into your Account at the time of the purchase; and
            • the purchase must be made through the Website.
          • The following purchases are not eligible for the Program:
            • purchases made outside of Australia;
            • purchases made on any website other than our Australian Website, even if we operate that website with the same domain name and different extension; and
            • purchases made in retail stores, stockists or department stores.
          • EARNING SPEND
            • You may increase your Spend and reach higher tiers by:
              • purchasing products through our Website (Products) in which case the total amount spent on that order, including GST and delivery, will be go towards your Spend; or
              • submitting a Product review on any Products you purchase through our Website, in which case $2.00 will go towards your Spend for each review submitted, up to a maximum of $10.00.

and by taking certain other actions as set out on the Website or communicated to you from time to time.

  • You may skip tiers if you have qualified for a higher tier in a single purchase. For example, if you Spend $250 on your first purchase, you will move to the JOJOBA BEAN tier and skip the JOJOBA PLANT tier.
  • BENEFITS
    • GENERAL
      • Once you reach the Spend per Membership Cycle required by a certain tier, you will unlock the Benefits applicable to that tier. The Benefits applicable to each tier are set out on our Website and may be varied in our sole discretion from time to time.
      • The Benefits applicable to each tier are mutually exclusive. You may only redeem the Benefits in your current tier and not in any other tier. For example, if you are in the GOLDEN JOJOBA tier, you may only redeem Benefits for that tier, and not in the JOJOBA PLANT or JOJOBA BEAN tier.
      • We will not be responsible for Benefits that are lost or redeemed due to fraudulent activity by you or any other party.
      • You acknowledge and agree that Benefits or Spend:
        • cannot be redeemed for cash;
        • cannot be combined with any other promotional offers, discounts or rewards offered by us; and
        • cannot be transferred, shared or combined.
      • REDEEMING BENEFITS
        • Once you have reached a certain tier, you may redeem the Benefits applicable to that tier by making an order through our Website with your Account, manually selecting the Benefit and adding it to your cart on checkout. You acknowledge that Benefits are not automatically redeemed on reaching a tier, and are not automatically added to your order.
        • You may not redeem your Benefits:
          • on any website other than our Australian Website, even if we operate that website with the same domain name and different extension; or
          • in retail stores, stockists or department stores.
        • RENEWAL OF BENEFITS

If, at the end of the Membership Cycle, you have earned the Spend required by that tier, we will renew your Benefits for that tier.

  • EXPIRY OF BENEFITS

You acknowledge and agree that unused Benefits in a Membership Cycle expire at the end of that Membership Cycle and cannot be rolled over or combined with Benefits in the subsequent Membership Cycle.

  • GIFTS
    • We may provide with a free gift (Gift) as part of the Benefits applicable to certain tiers.
    • If your tier qualifies you to receive a Gift, you may redeem the Gift in accordance with clause 4.2.
    • You acknowledge and agree that, in addition to clause 4.1(d), Gifts:
      • are subject to availability;
      • are for personal use only and you must not sell any of the Gifts or Products received from us; and
      • cannot be transferred, delayed, exchanged or returned.
    • TERMINATION
      • TERMINATION BY US

We reserve the right to terminate your access to the Program (including your Account or Benefits) for any reason. Where we terminate your access to the Program, will notify you of this as soon as possible.

  • TERMINATION BY YOU
    • You may terminate your Account and your access to the Program at any time by disabling your Account through the Website.
    • Nothing in this clause 5 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
  • EFFECT OF TERMINATION
    • Upon termination of these terms:
      • your access to the Program will be revoked;
      • your tier status will be revoked;
      • any Spend that you have earned will automatically expire;
      • you will no longer be entitled to any Benefits of the Program; and
      • your Account may be terminated.
    • LIABILITY
      • To the maximum extent permitted by applicable law, The Jojoba Company limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by The Jojoba Company, is limited to the greater of $200.
      • Products sold by The Jojoba Company, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
      • All other express or implied representations and warranties in relation to Products and the associated services performed by The Jojoba Company are, to the maximum extent permitted by applicable law, excluded.
      • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
      • (Indemnity) You indemnify The Jojoba Company and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
        • breach of any of these terms;
        • use of the Website; or
        • use of any goods or services provided by The Jojoba Company.
      • (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Jojoba Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by The Jojoba Company (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
    • FORCE MAJEURE 
      • If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
        • reasonable details of the Force Majeure Event; and
        • so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. 
      • Subject to compliance with clause 7.1 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
      • The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
      • For the purposes of these terms, a ‘Force Majeure Event’ means any:
        • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
        • strikes or other industrial action outside of the control of the Affected Party; 
        • war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
        • any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
      • NOTICES
        • A notice or other communication to a party under this agreement must be:
          • in writing and in English; and
          • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
        • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
          • 24 hours after the email was sent; or
          • when replied to by the other party,

whichever is earlier.

  • GENERAL
    • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  • WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  • SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

  • JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or Benefits them jointly and severally.

  • ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

  • ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word "includes" and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.