clubblue Terms & Conditions
These terms and conditions are published by The Cosmetic Clinic New Zealand Limited, the country development licensee for The Cosmetic Clinic brand and system in New Zealand.
DEFINITIONS
“Accumulated Spend” means a Member’s net cumulative spend (i.e. after all discounts, returns etc. have been applied) on Valid Purchases in the previous 12 months. For example, a Member’s Accumulated Spend as at 1 August 2019 will be their net cumulative spend on Valid Purchases during the period from 12:00am NZST 1 August 2018 to 11:59pm NZST on 31 July 2019. A Member’s Accumulated Spend is reviewed daily and any Valid Purchases outside of the 12 Month period will be removed.
“clubblue Rewards Program” means the rewards program operated by The Cosmetic Clinic in accordance with the Member Terms and Conditions.
“clubblue Tier” means the various Club tiers of the clubblue Rewards Program.
“The Cosmetic Clinic” means THE COSMETIC CLINIC LIMITED (NZBN 9429042324669).
“bluedollars” means the reward credits associated with clubblue Rewards Program whereby one bluedollar is redeemable for NZD$1 worth of valid goods or services offered by The Cosmetic Clinic in store. bluedollars are calculated to 2 decimal places.
“Join Date” means the date a Member joins the clubblue Rewards Program.
“Member Profile” means the personal and contact details of a Member.
“Member Terms and Conditions” means these terms and conditions as amended from time to time, available at https://www.thecosmeticclinic.co.nz/about/terms-and-conditions/
“Member” means an individual who joins the clubblue Rewards Program.
“Privacy Policy” means The Cosmetic Clinic Privacy Policy as amended from time to time, available at https://www.thecosmeticclinic.co.nz/about/terms-and-conditions/privacy-policy/
“Technical Issues” means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site.
“Valid Purchases” means all purchases made in store except injectable treatments, gift card purchases and store credit purchases.
“Website” means https://www.thecosmeticclinic.co.nz/
GENERAL
1. The Member Terms and Conditions contain important information about the clubblue Rewards Program.
2. Individuals who join the clubblue Rewards Program agree to be bound by the Member Terms and Conditions and the Privacy Policy from the Join Date.
3. The Member Terms and Conditions are to be read in conjunction with any additional conditions, including without limitation other relevant The Cosmetic Clinic policies and or terms and conditions.
4. Any failure or delay by The Cosmetic Clinic in exercising its rights under the Member Terms and Conditions do not constitute a waiver of those rights. Any waiver by The Cosmetic Clinic must be in writing and signed by an authorised officer of The Cosmetic Clinic.
5. The Cosmetic Clinic reserves the right to modify, suspend or terminate the clubblue Rewards Program, the Member Terms and Conditions and or any aspect of them at any time in its absolute discretion. The Cosmetic Clinic is not required to provide notice in relation to any such modification, suspension or termination. Any modification shall apply to a Member retrospectively.
6. The Cosmetic Clinic reserves the right to payout any bluedollars to a Member and reset a Member’s Accumulated Spend at any time and without notice. Without limitation to the foregoing rights, The Cosmetic Clinic reserves the right to transfer Members to such other clubblue Rewards Program owned, operated, managed or administered by The Cosmetic Clinic, its ‘related entities’ or ‘associated entities’ as those terms are defined in Companies Act 1993.
7. A notice or communication is deemed to be given by The Cosmetic Clinic to the Member if it is sent to the email or postal address listed in the Member Profile, or otherwise by publishing it on the Website or other social media platforms.
8. The Cosmetic Clinic’ decision regarding all matters arising in relation to the clubblue Rewards Program is final and binding.
9. Reference to a ‘day’ in the Member Terms and Conditions shall mean a 24-hour period ending at 11:59pm NZST;
10. Nothing in the Member Terms & Conditions is intended to contravene any applicable law. To the extent that any provisions in the Member Terms and Conditions is invalid or unenforceable, it is to be read down so as to be valid and enforceable, and otherwise must be severed to the extent of any invalidity or unenforceability, without affecting the remaining provisions of the Member Terms & Conditions.
MEMBERSHIP
11. Membership of the clubblue Rewards Program is open to individuals who are 18 years or older with a unique email address.
12. An individual becomes a Member as at the Join Date.
13. An individual is deemed to be a Member when they make a purchase with The Cosmetic Clinic.
14. By joining the clubblue Rewards Program, an individual consents to The Cosmetic Clinic contacting them to provide them with consumer or marketing information and notify them regarding the Member’s bluedollars, the clubblue Tiers, special offers, discounts, competitions and events.
15. When joining in store, the individual is required provide their full name, birthday, email address, mobile phone number and postcode at the register so that a Member Profile may be created. Other details may be optionally recorded. It is the Member’s responsibility to update their Member Profile including their email, surname, birthday, phone and postal address. If a Member has not provided or updated The Cosmetic Clinic with correct details, The Cosmetic Clinic may not be able to contact the Member about their membership, bluedollars, special offers or entry to competitions.
16. Upon joining the clubblue Rewards Program, a Member will be allocated to a clubblue Tier on the basis of the transaction spend that qualified them to apply for membership. Details of the clubblue Tiers are outlined below.
17. A Member may only have one account to the clubblue Rewards Program at any time and may not transfer or assign their membership, Member Account, Accumulated Spend or bluedollars to another individual or Member.
18. The Cosmetic Clinic reserves the right to modify, refuse or terminate a Member’s participation in the clubblue Rewards Program without notice or reason at its absolute discretion.
19. A Member may end their membership at any time by contacting The Cosmetic Clinic on info@thecosmeticclinic.co.nz
20. Should a Member’s participation in the clubblue Rewards Program end for whatever reason, the Member’s Accumulated Spend will be forfeited and any current or future bluedollars will be rendered null and void from the date of cessation.
EARNING THE COSMETIC CLINIC BLUEDOLLARS
21. The clubblue Rewards Program operates by attributing different earning percentages for bluedollars (such percentages as nominated by The Cosmetic Clinic from time to time) to the clubblue Tiers.
22. Members are allocated to one clubblue Tier on the basis of their Accumulated Spend across all clinics.
23. When a Member completes a transaction in store and identifies themselves by providing their personal details or photo identification on request, the net amount of the Valid Purchase is added to their Accumulated Spend at 11:59pm NZST on the day the transaction is made.
24. Where a Valid Purchase is made, bluedollars will be issued to a Member’s Account at 11:59pm NZST on the day the transaction is made and will be available for use the next day.
25. At its sole discretion, The Cosmetic Clinic may issue additional bluedollars to a Member as a consequence of a purchasing behaviour, incentive and/or promotional activities.
26. The Cosmetic Clinic reserves the right to withdraw, cancel or vary bluedollars without notice and in its absolute discretion, including without limitation bluedollars awarded in error or bluedollars earned fraudulently.
27. bluedollars cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including without limitation gift vouchers, gift cards, cheques and credit notes. bluedollars do not represent legal tender in any country.
28. bluedollars cannot be earned using other bluedollars as all or part of the transaction.
29. bluedollars can be earned from Valid Purchases made with any payment method accepted by The Cosmetic Clinic except by other bluedollars.
30. When a Member returns a purchase in-store or via post, the net amount of the Valid Purchase will be deducted from the Member’s Accumulated Spend and the bluedollars that were issued will be adjusted or reversed accordingly.
31. All bluedollars will expire twelve 12 months after issue unless otherwise indicated.
CLUBBLUE TIERS & ASSOCIATED BLUEDOLLARS
32. Members are allocated to one of the following clubblue Tiers based on their Accumulated Spend across all clinics in the previous 12 months:
1. Blue Diamond: Members whose Accumulated Spend is $2,000.00 or more;
2. Sapphire: Members whose Accumulated Spend is $1,000.00 or more, but less than $2,000.00; or
3. Turquoise: Members whose Accumulated Spend is $1.00 or more, but less than $1,000.00.
33. A Member’s allocation to a clubblue Tier is calculated nightly at 11:59pm NZST.
34. A Member may move up or down the clubblue Tiers on any given day.
TURQUOISE
35. Members in the “Turquoise” tier are eligible to receive 3% of the value of Valid Purchases in return as bluedollars.
SAPPHIRE
36. Members in the “Sapphire” tier are eligible to receive 6% of the value of Valid Purchases in return as bluedollars.
BLUE DIAMOND
37. Members in the “Blue Diamond” tier are eligible to receive 10% of the value of Valid Purchases in return as bluedollars.
REDEMPTION OF BLUEDOLLARS
38. bluedollars can only be redeemed at The Cosmetic Clinic stores operating in New Zealand.
39. bluedollars cannot be earnt or redeemed against purchases of injectable treatments, gift vouchers or store credit.
40. bluedollars cannot be earnt or redeemed against purchases for injectable treatments.
41. bluedollars can be earnt on the purchase of products but cannot be redeemed for product.
42. The Cosmetic Clinic reserves the right in its absolute discretion to exclude certain items, goods, products, services and promotions from being redeemed by using bluedollars.
43. Only bluedollars from one Member can be redeemed per transaction.
44. The Cosmetic Clinic will not be held responsible or liable if bluedollars are not able to be redeemed for whatever reason but specifically in the case of Technical Issues including without limitation the failure of software or hardware or an EFTPOS malfunction.
45. bluedollars can only be redeemed once.
46. bluedollars can only be redeemed at the clinic which they were earned
47. bluedollars cannot be transferred from one clinic to another for any reason whatsoever.
48. If a customer wishes to return a purchase in which bluedollars were redeemed for reasons other than that the goods are faulty or misdescribed:
1. bluedollars redeemed or utilised in that purchase will be returned to the Member’s bluedollars balance; and
2. the net amount of the Valid Purchase will be deducted from the Member’s Accumulated Spend.
49. bluedollars cannot be redeemed against purchase of the Cosmelan 7-month Programme.
PRIVACY
50. The Cosmetic Clinic may collect personal information from Members for the purpose of facilitating the clubblue Rewards Program. Personal information will be handled in accordance with the Privacy Policy.
51. The Cosmetic Clinic may, at any time and in its absolute discretion, require a Member to provide to The Cosmetic Clinic proof of identification (in a form requested by The Cosmetic Clinic) for The Cosmetic Clinic to verify the authenticity of a Member’s membership and compliance with the Member Terms and Conditions. Failure to provide proof of identification may result in termination of a Member’s participation in the clubblue Rewards Program.
WARRANTIES AND LIABILITIES
52. The Cosmetic Clinic will not be liable for any tax liability incurred by a Member in connection with the clubblue Rewards Program, including that incurred in the provision and/or utilisation of bluedollars.
53. The Cosmetic Clinic will not accept any liability for any email to a Member that is misdirected, lost or not received.
54. The Cosmetic Clinic will not accept any liability for any Technical Issues that may cause damage to any computer related to or used in connection with the clubblue Rewards Program.
55. The Cosmetic Clinic shall not be liable to the Member or any third party for any delay or non-performance of its obligations under the Member Terms and Conditions arising from any cause beyond its control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.