SAND & SKY
SWELL LOYALTY PROGRAM
TERMS AND CONDITIONS
Last updated June 28, 2021
Welcome to Sand & Sky’s Swell Loyalty Program (“Program”). The Program is operated by Supernova Pte. Ltd. (“we” or “us”).
By signing up to the Program or redeeming any reward under the Program, you (“you” or “member”) acknowledge and agree to be bound by the following terms and conditions (“Program Terms”). If you do not agree to these Program Terms, you should not sign up as a member of the Program or attempt to redeem any reward issued under it.
These Program Terms are to be read in conjunction with any additional terms and conditions associated with the site www.sandandsky.com and its authorised variations including each subdomain and mobile version (“Site”) including, without limitation, all terms and conditions found at www.sandandsky.com/pages/term-condition and www.sandandsky.com/pages/privacy-policy. To the extent of any inconsistency between these Program Terms and any other Site terms and conditions, these Program Terms will prevail.
CHANGES TO THESE TERMS
- We reserve the right at any time, for any reason at our sole discretion and without prior notice, to change or modify these Program Terms, and it is your responsibility to return to this page to review any changes that have been made. Any changes or modifications will be effective upon posting of the revisions on the Site. You should frequently review these Program Terms to understand the terms and conditions that apply to the operation of the Program.
- We reserve the right at any time, for any reason at our sole discretion and without prior notice, to suspend or discontinue the Program (or any part thereof) temporarily or permanently. Our decision on all matters relating to this Program are final and binding.
- We will not be liable to any member or any third party for any modification, suspension or discontinuation of the Program.
- Individuals may become a member in the Program by creating a member account on the Site. Membership in the Program is open to individuals who are 18 years or older with a unique email address. No purchase is necessary to become a member.
- It is your responsibility to ensure your member account is up to date and accurate. If you have not provided updated and accurate information to us through your member account, we may not be able to contact you about your membership, Points, Rewards or any special offers.
- At any time, you may only have one member account. You may not sell, transfer or assign your membership, Points or Rewards to any other person.
You may cancel your membership at any time by emailing firstname.lastname@example.org. Upon cancellation or termination of a membership, all Rewards linked to that member account will be forfeited immediately, the member account will be anonymised and we will retain all anonymised information.
- We reserve the right to exclude individuals from the Program at our sole discretion, including but not limited to any abuse, manipulation or “gaming” of the Program or its rules (as determined by us), failure to follow these Program Terms, membership inactivity for more than 12 months, and any misrepresentation or conduct detrimental to our interests.
USD 0 - 299
USD 300 - 499
CAD 0 - 449
CAD 450 - 799
GBP 0 - 259
GBP 260 - 499
EUR 0 - 274
EUR 275 - 499
AUD 0 - 449
AUD 450 - 699
- There are three tiers of membership in the Program: Level 1, Level 2 and Level 3. All members are automatically enrolled in the Level 1 tier upon creation of an account and will remain in Level 1 indefinitely unless the Qualifying Spend for Level 2 or Level 3 are met, as set out above. Upon achieving the Qualifying Spend for either Level 2 or Level 3, a member will automatically be upgraded to the relevant tier of membership.
“12 Month Spend” means a member’s net cumulative spend (after all redeemed Points, Rewards, discounts, returns and other similar deductions have been applied) on purchases in the currency and in the store in which the purchases were made in the previous 12 months, excluding purchases of gift cards. A member’s 12 Month Spend is calculated from either: (a) the date the member joins the Program or (b) the date the member last changes membership tier, to 12 months after that date.
- After qualifying for a Level 2 tier, a member will remain at Level 2 for 12 months from the date of qualification, unless the member then qualifies for a Level 3 tier. After qualifying for a Level 3 tier (whether having spent time at Level 2 or not), a member will remain at Level 3 for 12 months from the date of qualification. If the member does not achieve the Qualifying Spend in that time, the member will revert to the appropriate lower tier, according to the member’s actual 12 Month Spend.
All membership tiers enjoy a variety of rewards, as set out on our Rewards page www.sandandsky.com/pages/rewards (as may be amended by us at our sole discretion from time to time) (“Rewards”). Rewards may vary by tier and some tiers may have more Rewards than others.
We may at any time, for any reason at our sole discretion and without prior notice, alter, limit or modify the tier rules, regulations, benefits, eligibility for membership or any other feature of a particular tier, terminate a particular tier, payout any Rewards or reset 12 Month Spends.
Members may earn points for their member accounts in a variety of ways, including purchasing products and taking certain actions, as set out on our Rewards page www.sandandsky.com/pages/rewards (as may be amended by us at our sole discretion from time to time) (“Points”). Points earned for taking actions can only be earned once in relation to a particular action and we reserve the right to require confirmation or verification that the action has been performed satisfactorily.
- Points will be issued electronically and linked to your member account. We will endeavour to notify you via email when you are entitled to Points or have qualified for a change to a different tier. If you unsubscribe from receiving emails from us, you will still be able to view your Points balance by signing into your Member Account.
- The currency applicable to the Points earned will be the currency in which you made your purchases.
- Any purchase completed using Points does not contribute towards your 12 Month Spend, to the extent of the monetary value of the relevant Points.
- If you cancel a transaction or return a purchase, the net amount of the transaction that relates to the cancellation or return will be deducted from your 12 Month Spend and any Points that were previously awarded having regard to the value of the cancelled or returned product will be adjusted or reversed.
- Only transactions completed within the same store in the Site, while you are logged into your Member Account, will be eligible towards your 12 Month Spend.
All unredeemed Points will expire when a member has not redeemed them for 12 months or more. If you have questions regarding the date of your last redemption activity, please contact email@example.com for more information.
- We may at any time, for any reason at our sole discretion and without prior notice, withdraw, cancel or vary Points, including without limitation any Points awarded in error or earned fraudulently.
Members can redeem points in accordance with the redemption rates set out on our Rewards page www.sandandsky.com/pages/rewards (as may be amended by us at our sole discretion from time to time).
- Points are not redeemable for cash and are not legal tender in any country.
- To redeem Points, a member must ensure they are logged into their member account in the same store on the Site in which they earned their points.
- Points can only be redeemed in the currency and store within the Site in which you made your purchase.
- Points cannot be redeemed in conjunction with any other offer unless otherwise indicated.
- Points cannot be redeemed against taxes, shipping or postage.
- The retail value of a purchase made using Points does not count towards our free shipping threshold.
- Only Points earned from one membership can be redeemed per transaction.
- If you cancel a transaction or return a purchase (for reasons other than faulty or damaged goods), any Points redeemed or utilised during the purchase will be forfeited.
- We may at any time, for any reason at our sole discretion and without prior notice, exclude certain items and promotions from being redeemed by using Points.
- We will not be liable for non-receipt of any email including any in relation to membership, Points or Rewards due to such email being misdirected, lost or not received for any reason.
- We will not be liable for any technical issues related to the Program or Site, including if Points cannot be redeemed for whatever reason.
All text, photographs, designs, graphics, logos, button icons, images, audio clips, video clips, software, code, meta tags, features, functionality and other materials relating to the Program, and the collection, arrangement and assembly thereof (any and all of which is "Content"), are owned by or licensed to us and: (a) are protected by national and international copyright laws; and (b) except as expressly provided in these Program Terms, may not be used, modified, copied, displayed, transmitted, published, reproduced or distributed in any way or form without our express prior written permission.
- No right, title or interest in or to the Program or any Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Program not expressly permitted by these Terms is a breach of these Program Terms and may violate copyright and other laws.
DISCLAIMER AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS DISCLAIMERS AND LIMITATIONS OF LIABILITY WHICH AFFECT YOUR LEGAL RIGHTS.
This clause prevails over all other clauses and sets forth the entire liability of us, our directors, officers, agents, employees, subsidiaries and related parties (each a “Supernova Entity”), and your sole and exclusive remedy, in relation to the Program. EACH SUPERNOVA ENTITY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH SUPERNOVA ENTITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH SUPERNOVA ENTITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PPROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY TO YOU OF ALL SUPERNOVA ENTITIES FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM SHALL NOT EXCEED IN THE AGGREGATE THE VALUE OF ANY POINTS EARNED BY YOU DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO THE LIABILITY.
- Nothing in these Program Terms is intended to affect your rights under the law in your usual place of residence that cannot be altered by these Program Terms. If there is a conflict between those rights and these Program Terms, your rights under applicable local law will prevail.
- You agree to defend, indemnify and hold harmless each Supernova Entity from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees arising out of or in connection with: (a) your use of the Program; (b) your breach of any of these ProgramTerms; or (c) your breach of any laws or rights of a third party (including, without limitation, any copyright, property or privacy right).
- This indemnification obligation will survive the termination of your membership or these Program Terms.
- You agree that the remedy at law of a Supernova Entity for any actual or threatened breach of these Program Terms would be inadequate and that each Supernova Entity shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that it may be entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
- No right or remedy of a Supernova Entity shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses.
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A BINDING ARBITRATION CLAUSE WHICH AFFECTS YOUR LEGAL RIGHTS.
- Most disagreements can be resolved informally and efficiently by contacting our Customer Service team at firstname.lastname@example.org.
You and each relevant Supernova Entity agrees that any dispute, claim or controversy arising out of or relating in any way to the Program or these Program Terms, including any question regarding their existence, validity or termination (“Dispute”), will be referred to and finally determined by confidential arbitration in Singapore.
If you elect to seek arbitration, you must first send to us a written notice of claim (“Notice of Claim”). The Notice of Claim should be sent by certified mail to: General Counsel, Supernova Pte. Ltd., 20 Martin Rd #10-01 Seng Kee Building, Singapore 239070, with an email copy to email@example.com, and should be prominently titled “NOTICE OF CLAIM”. The Notice of Claim must include both the mailing and email addresses you would like us to use to contact you. If we elect to seek arbitration, we will send a Notice of Claim to your billing address on file, with a copy to any email address you may have provided to us. A Notice of Claim must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
- If you and each relevant Supernova Entity do not reach an agreement to resolve the Dispute within thirty (30) days after the Notice of Claim is received, you or the relevant Supernova Entity may commence an arbitration proceeding. The arbitration will be governed by the Singapore International Arbitration Centre rules then in force and administered by the Singapore International Arbitration Centre. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Regardless of any statute or law to the contrary (but to the extent permitted by applicable laws), you and each Supernova Entity agrees that any Dispute must be filed within twelve (12) months after the cause of action arose. Otherwise, such cause of action is permanently barred.
- Sections 12.1 to 12.5 do not apply to the extent that you violate or threaten to violate our intellectual property rights in any way, and any Supernova Entity may seek injunctive or other appropriate relief in any court of competent jurisdiction that it considers appropriate.
- This Section 12 shall survive termination of your membership or these Program Terms.
CLASS ACTION AND JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER WHICH AFFECTS YOUR LEGAL RIGHTS.
- YOU AND WE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER THROUGH A COURT OF LAW OR ARBITRATION, SHALL BE SOLELY CONDUCTED ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS, NOR ATTEMPT TO JOIN THE DISPUTE TO, ANY CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Further, if you have elected arbitration, unless both you and each relevant Supernova Entity agrees otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
- YOU AND EACH SUPERNOVA ENTITY HEREBY WAIVES ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between you and a Supernova Entity in any court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE RELEVANT SUPERNOVA ENTITY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
No Waiver. Any failure by us to enforce any provision of these Program Terms is not a waiver of such provision or right. Any waiver of our rights must be in writing, signed by us, and any such waiver shall not operate as a waiver of any future breach.
Severability. If any provision of these Program Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Assignment. You may not assign any rights relating to these Program Terms, in whole or in part, without our prior written permission. Any purported assignment without such permission shall be void.
Entire Agreement. These Program Terms document the entire agreement between you and the relevant Supernova Entities with respect to its subject matter and supersede all prior or contemporaneous or additional communications, negotiations or agreements.
Language. The official language of these Program Terms is English. A translation of these Program Terms may be provided for country-specific versions of the Site but, in the event of a conflict between any English and non-English version, the English version of these Program Terms shall prevail. To the extent permitted by applicable law, in the event of a Dispute, the parties will ensure all related documents are drafted in English. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Governing Law. These Program Terms (including all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Singapore. Subject to Section 12.6, both you and each Supernova Entity hereby submit to the exclusive jurisdiction of the Singapore courts.
If you have any questions or comments regarding these Program Terms, the easiest way to contact us is at firstname.lastname@example.org.