Sole Circle Rewards Policy
The Sole Circle Rewards Program (the "Program") is sponsored by Vionic Shoes ("Vionic", "we", "us" or "our"). Membership is open to legal residents of Australia who are 18 years of age or older. By becoming a Program member ("Member") and participating in the Program, you (i) represent that you are 18 years of age or older and (ii) agree to the following Program Terms and Conditions (these "Terms"). Your membership is non-transferable. These Terms are void where and to the extent prohibited by law. In any area where these Terms are void due to law, Vionic may elect at its discretion to no longer offer the Program. Program membership and its benefits are offered at the discretion of Vionic. We reserve the right, without limitation, to terminate the Program, or change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time. See "Additional Terms" for more details.
- 1. Enrollment
- a. You may only earn points for orders made where you are logged into a customer account, and for orders made after May 21st 2019.
- b. You will be able to access information about your Program account (the "Account") by logging in on our Site. You are responsible for creating a complex password to protect your Account and for ensuring that you do not share your password with others.
- c. By becoming a Member, you agree to receive transactional emails, promotional email offers and updates ("Promotional Emails") from the Program, Vionic and its affiliates. You may unsubscribe from the Promotional Emails at any time via the unsubscribe link in those emails.
- 2. Updating Account Information
- a. Limit one membership per email address. In the event of a dispute over ownership of the Account, the registration will belong to the authorized Account holder of the email address submitted at the time of your purchases. For purposes of these Terms, the "authorized Account holder" for the email address 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.
- b. Once you become a Member, you can email Vionic at email@example.com to receive information about your Account. You may need to provide additional proof of identification before your Account information will be disclosed to you.
- c. Each Member is responsible for maintaining accurate and updated personal information in his or her Account profile. You may update your personal information on the Site through your Vionic customer Account.
- 1. Earning Points
- a. Once you enroll in the Program, when you shop on our Site, you will automatically receive points (the "Point") into your Account for every eligible product purchase (a "Qualifying Purchase," as further described below).
- b. Your Points may be traded for Reward Certificates (the "Rewards").You will receive one point (the "Point(s)") for every $1 spent on any Qualifying Purchase or by participating in any of the activities listed in the Points Schedule, which specifies the conversion rate from Points to Rewards. You may view the Points Schedule by accessing your Account.
- c. Vionic reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and the number of Points earned (whether through purchase or engagement), at any time, with or without notice.
- d. If you provide your email at the time of purchase or engagement, your Points will be added to your Account immediately at time of purchase.
- e. If you return merchandise, the Points you earned from the Qualifying Purchase of that merchandise will be deducted from your current Points total.
- 2. Qualifying Purchases
- a. Qualifying Purchases include regular and sale priced footwear and orthotics on the Site, and purchases made with a gift certificate. Purchases of the following items are not qualifying purchases and Points will not be earned on them: gift cards, redemption of gift cards, shipping charges, delivery charges or other excluded charges specified by Vionic from time to time.
- b. Reward Points Program active from the 21st of May 2019. Any purchases made prior to this date will not receive points for their order.
- 3. Additional Terms
- i. You and Vionic each agree that any dispute, claim, or controversy arising from or relating to the Program or these Terms shall be resolved by individual binding arbitration, and not through litigation, unless the claim is properly filed in a small claims court on an individual basis. The arbitrator’s authority to resolve claims and make awards is limited to claims between you and us alone. Also, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. THIS MEANS THAT NEITHER OF US WILL HAVE THE RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION RELATING TO THE PROGRAM, AND THAT ANY ARBITRATION PROCEEDINGS WILL BE LIMITED TO THE CLAIMS BETWEEN YOU AND US. BOTH YOU AND WE ARE GIVING UP ANY RIGHT YOU AND WE MAY HAVE HAD TO A JURY TRIAL, AND ALL OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT THAT ARE NOT AVAILABLE IN ARBITRATION.
- ii. This Arbitration Provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, the Arbitration Provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as our corporate affiliates and vendors, and members of your family. The Arbitration Provision also applies to claims of every kind and nature, including but not limited to counterclaims, cross claims and third-party claims, and claims based upon torts, statutes, regulations, common law and equity. However, any dispute over the validity, enforceability or scope of this Arbitration Provision shall be decided by a court, not an arbitrator.
- iii. You will be responsible for paying your share, if any, of arbitration fees, but only up to the amount of filing fees you would have paid to file a claim in the state or federal court closest to your residence. We will be responsible for any additional arbitration fees, even if we win the arbitration.
- iv. This Arbitration Provision shall survive termination of the Program or your Account and any bankruptcy by you or us. If any portion of this Arbitration Provision or this Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision; provided, however, that the entire Arbitration Provision shall be invalidated if the requirement of arbitration solely on an individual basis is deemed invalid or unenforceable.
- a. Program membership and its benefits are offered at the discretion of Vionic. Vionic reserves the right, without limitation, to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, even though such changes may affect the value of Points already accumulated. Vionic may, among other things: (i) increase the number of Qualifying Purchases or activities listed on the Points Schedule required to earn a Point; (ii) institute or add blackout dates; and/or (iii) modify Point expiration dates. We may change or modify these Terms by posting the updated terms on our Site. Your continued participation in the Program will constitute your acceptance of the new or different Terms. You should periodically visit our Site to review the then current Terms to which you are bound.
- b. These Terms supersede all previously published Terms in their entirety.
- c. Abuse of the Program, including failure to follow Program policies and procedures, the sale or barter of products, Points, or promotional offers, and any misrepresentation of fact relating to these or other improper conduct as determined by Vionic in its sole judgment may result in cancellation of a Member’s Account, future disqualification from Program participation, and forfeiture of all Points accrued. At our discretion, and without limitation of our other rights and remedies, we may prosecute abuse of the Program to the fullest extent of the law.
- d. Points and/or promotional offers are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to a Member’s successors and assigns. Accrued Points and/or promotional offers do not constitute property of the Member. Accrued Points and/or promotional offers are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise.
- e. Vionic reserves the right to make bonus Points and other promotional offers available to select Members based on purchase activity, geographic location, Program participation, and/or information supplied by the Member. Vionic reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion, with or without notice to Members.
- f. Vionic, its parent and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, EACH MEMBER HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RELATING TO THAT MEMBER’S PARTICIPATION IN THE PROGRAM, OR AGREEMENT TO THESE TERMS.
- g. The Vionic logo, the Program logo, and other logos and taglines are the intellectual property of Vionic. Artwork, photography, and logos, including the logos and taglines used in conjunction with the Program, on our web site or in print, are copyrighted intellectual property of Vionic. These logos and materials may not be used, reproduced, replicated or doctored in any manner without the express written consent of Vionic.
- h. This Program and these Terms will be governed by and construed under the governing laws.