Last updated March 1, 2021 (“Effective Date”)
Aveda Plus Rewards℠ Canada Loyalty Program: Terms and Conditions of Participation
IMPORTANT NOTE TO MEMBERS ENROLLED PRIOR TO MARCH 1, 2021: SEE APPENDIX A BELOW FOR THE TERMS & CONDITIONS OF PARTICIPATION APPLICABLE TO YOUR MEMBERSHIP. The following terms and conditions of participation apply to individuals who became members on or after March 1, 2021.
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE AVEDA PURE PRIVILEGETM PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
IMPORTANT NOTE TO MEMBERS ENROLLED PRIOR TO THE EFFECTIVE DATE: Your membership (and all points/rewards in your account) earned through the Program will expire on December 31, 2022 if your account has been inactive during the twelve (12) consecutive months prior to December 31, 2022. To keep your membership active, you must make a qualifying purchase or redeem points or a reward under your Program account before December 31, 2022 by doing any one of the following: (1) logging into your Program account on the Site (as defined in 2.1.1) and making a purchase; (2) presenting your Program member identification card (digital or physical) or membership number when making a purchase at Aveda-owned retail stores (i.e. Aveda Experience Center) and institutes or at Program-participating salons, spas, retail locations and institutes; or (3) redeeming a reward on the Site, at Aveda-owned retail stores (i.e. Aveda Experience Center) and institutes or at Program-participating salons, spas, retail locations and institutes according to the Program Terms. After December 31, 2022, membership will expire on the day on which an account has been inactive for all of the preceding twelve (12) consecutive months.
SECTION 8 BELOW CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY MAY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. Membership Eligibility and Overview
1.1. The Aveda Plus Rewards℠ Canada Program (“Program”) is offered at the sole discretion of Aveda Corporation (“Aveda,” “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 Canada (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid e-mail address are eligible to become members. No purchase is necessary to join the Program, but a one-time, nonrefundable enrollment fee of ten Canadian dollars (CAD $10) is required in order to register for the Program. The Program cannot be used for any business or commercial purposes and we may refuse to create an account for any reason. Employees of Aveda and The Estée Lauder Companies and its affiliates, and such employees’ family members (i.e. immediate family members residing in the same household as the employee) are not eligible to participate in the Program. Individuals employed by salons, spas and retail locations that participate in the Program, and family members of such individuals, are not eligible to participate in the Program. Enrollment fees of refused accounts will be refunded.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visit www.aveda.ca (the “Site”) and follow the Program prompts to register for the Program;
2.1.2. Visit an Aveda-owned retail store (i.e. Aveda Experience Center) or institute and tell an associate you would like to register for the Program; or
2.1.3. Visit an Aveda partner retail location, salon, spa or institute that participates in the Program and tell an associate you would like to register for the Program.
2.2. You are required to provide your full name, mailing address and e-mail address, in order to enroll. If you enroll at the Site, you must create a password in order to enroll. You may also be given the opportunity to provide your birth date and phone number, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information through your account on the Site or by contacting Aveda Customer Service at +1 (800) 644 4831.
2.3. Only one Program account may be associated with a single member and a single e-mail address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the e-mail address submitted at the time of enrollment. For purposes of these Program Terms, the "authorized account holder" is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
3. How the Program Works and Program Benefits
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products. You are able to earn points by making eligible purchases. Purchases made at (1) Aveda-owned retail stores (i.e. Aveda Experience Center) and institutes, (2) Program-participating partner salons, spas, retail locations and institutes and (3) the Site are eligible for the Program. For your purchase to qualify for the Program, you must be enrolled in the Program and (a) your Aveda Plus Rewards membership number must be linked to your online account at the time of purchase on the Site; or (b) you must provide your Program member identification card or membership number when making your purchase at an Aveda-owned retail store (i.e. Aveda Experience Center) or Program-participating salon, spa, retail location or institute and (c) the products must be eligible for points. For example, members do not earn points on purchases of Aveda Gift Cards and Aveda eGift Cards. Failure to present a membership identification card (digital of physical) or your membership identification number at time of purchase may delay point accumulation or prevent you from receiving points. Once you earn a certain number/level of points, you may be eligible for certain rewards applicable to that number of points, which rewards may change from time to time and may be offered on a limited basis. Eligible product purchases and other opportunities to earn points will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and using points to obtain rewards.
3.2. Program members earn 10 points for every CAD $1 spent on qualifying purchases at Program-participating locations in Canada and the Site. You may also earn bonus points for qualifying purchases made during exclusive promotions. Terms and conditions apply; see details of each promotion for more information. Qualifying purchases include regular-priced Aveda merchandise, and exclude sales tax, services, Aveda Gift Cards and eGift Cards, spa/salon/boutique gift cards, promotions (unless otherwise specified by us), government fees, shipping charges, delivery charges or other excluded purchases or charges specified by us from time-to-time. Program members also earn: 10 points for every £1 spent on qualifying purchases at Program-participating locations in the United Kingdom; 10 points for every US $1 spent on qualifying purchases at Program-participating locations in the United States; and 7 points for every €1 spent on qualifying purchases at Program-participating locations in the Republic of Ireland. Members do not earn points on purchases of Aveda Gift Cards and Aveda eGift Cards, but members will earn points when redeeming Aveda Gift Cards and Aveda eGift Cards for a qualifying Aveda purchase. Aveda reserves the right to change the manner in which members accumulate points in its sole discretion. You will receive a notice of any such change between 90 and 60 days before it comes into effect.
3.3. Purchases made in salons, spas, department stores and retail stores that do not participate in the Program do not qualify for the Program, and you will not earn points on such purchases.
3.4. Neither accounts nor rewards and/or points may be shared or combined by members. Only the member paying for the products may accumulate rewards and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge, suspend or close additional or duplicate accounts at any time.
3.5. Points earned through the Program will expire if your account becomes inactive. To keep your account active, you must make a purchase or make a redemption under your Program account once every 12 months by doing any one of the following: (1) logging into your Program account on the Site and making a purchase; (2) presenting your Program member identification card when making a purchase at Aveda-owned retail stores (i.e. Aveda Experience Center) and institutes or at Program-participating salons, spas, retail locations and institutes; or (3) redeeming points/rewards on the Site, at Aveda-owned retail stores (i.e. Aveda Experience Center) and institutes or at Program-participating salons, spas, retail locations and institutes according to the Program Terms or using points to redeem an instant cash reward. Membership will expire if a member is inactive for a period of 12 months or more.
3.6. Rewards and/or points 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 and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms as determined by us in our sole discretion. The sale, barter, transfer, donation, auction or assignment of any rewards offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned or points awarded under the Program are the responsibility of the member.
3.7. Rewards cannot be exchanged or returned for points, another product, a discount on purchases or a monetary refund except when expressly permitted by us in our sole discretion. Rewards may be subject to limited availability. Not all rewards will be available in all locations.
3.8. 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 Program Terms.
3.9. We are not responsible for rewards and/or points 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. We are not responsible for a third-party merchant’s failure to honour rewards.
3.10. We reserve the right to change Program rewards/benefits, how you earn points 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 and/or for any point level, the number or types of rewards you may receive or earn at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof. You will receive a notice of any such change between 90 and 60 days before it comes into effect.
3.11. It may take up to 30 days for eligible purchases to post to your account. If you make a qualifying purchase at the Site, points will be added to your online account when your qualifying purchase ships. We are not responsible for failure, delay or error by a Program-participating store, salon or spa location in notifying us of points to be credited. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Aveda Customer Service at +1 (800) 230-8051 or email email@example.com. You must specify your Program membership number, the date of the Program activity, and the issue(s) you encountered. You may be required to validate your account by providing your name, phone number, address, e-mail address and/or birth date associated with the account. You must contact Aveda Customer Service via email or telephone within one-hundred and twenty (120) days after the date the purchase or other Program activity took place or no points will be credited. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.12. Rewards can only be redeemed in Aveda-owned freestanding retail stores (i.e. Aveda Experience Centers) in Canada; Program-participating salons, spas, retail locations and institutes in Canada; on the Site; and by calling Aveda Customer Service at +1 (800) 230-8051 from within Canada. Specific rewards vary based on location and are subject to store/Site availability. Not all rewards can be redeemed in all locations.
3.14. Program members are eligible to receive one (1) birthday gift per member per year. If you have provided your birth date, your birthday gift certificate (w/offer code) will be emailed in the calendar month before your birth month to the email address associated with your membership (provided you have provided your birth date to us at least 45 days prior to the start of your birth month and you have opted-in to receive marketing communications). During the month of your birthday and prior to the expiration date on your birthday gift certificate, you can redeem your Program birthday gift by either: (1) logging into your Program account on the Site, making a purchase (excluding travel-sized products) and providing your offer code; or (2) presenting your Program member identification card or membership number and birthday gift certificate at an Aveda-owned retail store (i.e. Aveda Experience Center) or institute or at a Program-participating salon, spa, retail location or institute. Birthday gifts cannot be transferred, delayed, exchanged or returned. Specific birthday gift rewards may vary based on location and are subject to store/Site availability. You are eligible to receive one (1) birthday gift per member per year. If you have provided your birth date, your birthday gift certificate (w/offer code) will be mailed to you within 28 days of your birth date at the mailing address registered to your account.
3.15. As one of our rewards, you can immediately reduce the purchase price of eligible merchandise in exchange for the redemption of a specified number of points. Minimum purchase requirements may apply; not all Program-participating locations will accept immediate discount rewards. The number of points to be redeemed to achieve a particular discount may change and there are limits on the maximum immediate discount available. Please review the terms of the immediate discount reward prior to redemption; other terms and conditions may apply. If you return a product purchased with an immediate discount reward, your points will be re-credited to your account and the purchase price will be refunded to your original method of purchase.
We may discontinue or change the terms of the immediate discount reward at any time. You will receive a notice of any such change between 90 and 60 days before it comes into effect.
The immediate discount reward may be used for the purchase of merchandise only. It may not be used to pay for services (including salon services), sales tax or shipping charges, if any. The immediate discount reward is not cash, has no cash value without a purchase and may not be altered, sold, bartered or transferred. The immediate discount reward is applied last after all other discounts. No points will be earned on the value of the immediate discount reward, but you will earn points on any incremental dollars spent on products over the amount of the immediate discount reward.
4. Marketing Communications
4.1. By enrolling in the Program, you will be eligible to receive Program related e-mails, including Program marketing e-mails. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.
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 any elements of these Program Terms after sending you a clear and legible notice at least 60 days but not more than 90 days before such changes take effect. The notice shall set out the new clause(s) to be included in the Program Terms, or the amended clause(s) and the clause(s) as they formerly read, along with the date of the coming into force of the amendment.
5.2. We reserve the right to, at any time, in our sole discretion: (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 Program Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also reserve the right to take appropriate legal action, in our sole discretion.
5.3. If you decide you no longer want to be a part of the Program, you may terminate your membership at any time by contacting Aveda Customer Service at +1 (800)-230-8051.
6. Disclaimer of Warranties; Limitation of Liability
6.1. NEITHER AVEDA NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS 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 AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES, AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER AVEDA NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, 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 WHICH 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 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW NEITHER AVEDA NOR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, 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 FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($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 PROGRAM 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 parent companies, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable legal 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 Program Terms.
8. Governing Law and Disputes
Except in Quebec, with respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the Province of Ontario. Except in Quebec, to the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the Province of Ontario and you submit to the jurisdiction and proceedings thereof, except that, 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 this agreement shall be conducted in accordance with the Arbitration Act, 1991 (Ontario). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
10. Contact Us
For information about the Program and your membership, contact Aveda Customer Service at + 1 (800)-230-8051 from within Canada or via e-mail at AvedaOnlineTech@aveda.com. 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. You can contact Aveda Customer Service for potential inactivity expiration date of their points.