Haircare Group Loyalty Program Terms & Conditions
1 DEFINITIONS
1.1 Colour Introductory Offer means the colour product Introductory Offer for the Moroccanoil HCG Loyalty Program as determined by Haircare Group from time to time;
1.2 Effective Date means the activation date of Member’s access to Moroccanoil HCG Loyalty Program;
1.3 Haircare Group means Privity Pty Ltd ACN 007 887 729 trading as Haircare Group of 17-21 Commercial Street, Marleston SA 5033, its related entities and authorised representatives;
1.4 Haircare Group Trading Terms means the terms of trade as agreed between the Salon and Haircare Group for the Salon to establish a trading account with Haircare Group;
1.5 Introductory Offer means the introductory offers for the Moroccanoil HCG Loyalty Program as set out in these Member Terms & Conditions and in the Loyalty Brochure from time to time;
1.6 Join Date means the date a Member joins the Moroccanoil HCG Loyalty Program or purchases the Introductory Offer, whichever occurs first;
1.7 Loyalty Brochure means the Haircare Group brochure which contains the Member qualifications, Rewards and other general information related to the Moroccanoil HCG Loyalty Program;
1.8 Loyalty ID means the membership number and/or login allocated to a Member;
1.9 Loyalty Tier means a Member’s status level within the Moroccanoil HCG Loyalty Program, being a tier of either bronze, silver, gold, platinum or VIP, such tiers being set out in the Loyalty Brochure from time to time;
1.10 Member means Salons who sign up to the Moroccanoil HCG Loyalty Program;
1.11 Member Emails means emails that are sent from Haircare Group and/or Moroccanoil to a Member including emails about membership, the Moroccanoil HCG Loyalty Program, special offers, discounts, competitions and events;
1.12 Member Profile means the salon and personal details of the Member contained on the Moroccanoil HCG Loyalty Portal;
1.13 Member Terms & Conditions means these Haircare Group loyalty program terms and conditions, as amended from time to time;
1.14 Moroccanoil means Moroccanoil Israel Ltd or its affiliates or subsidiaries;
1.15 Moroccanoil HCG Loyalty Portal means the Moroccanoil HCG Loyalty Program website moroccanoilpartners.com where details of the Moroccanoil HCG Loyalty Program can be found and where Members can monitor their status, Loyalty Tier and Member profile.
1.16 Moroccanoil HCG Loyalty Program means the loyalty program operated by Moroccanoil and Haircare Group providing Members with access to Reward Points and Rewards through the Moroccanoil HCG Loyalty Portal in accordance with these Member Terms & Conditions;
1.17 Moroccanoil Loyalty Salon Portal Terms and Conditions means the terms of use of the Moroccanoil HCG Loyalty Program and Portal by Members;
1.18 Order means an order placed by a Member;
1.19 Product means the Moroccanoil hair, body and hair colouring products available for the Salon to purchase in accordance with the Haircare Group wholesale price list and as updated from time to time;
1.20 Qualifying Transaction means a transaction directly with Haircare Group of any Product, excluding opening deals and redemption orders;
1.21 Rewards means the rewards or other benefits given to Members for participating in the Moroccanoil HCG Loyalty Program, including purchasing behaviours, incentives and/or promotions;
1.22 Reward Points means the points earned from participation in the Moroccanoil HCG Loyalty Program via Qualifying Transactions in accordance with the Member’s relevant Loyalty Tier;
1.23 Salon means a salon which is a licensed cosmetologist, hair stylist, accredited beauty salon, men’s styling salon or professional beauty supply stores that generate at least 50% of their income from professional salon services (rather than sales of retail products), that has a current and active trading account with Haircare Group, which is in compliance with the Haircare Group Trading Terms and otherwise meets the Moroccanoil Loyalty Salon Portal Terms and Conditions;
1.24 Salon Loyalty Portal Data Protection Policy means the personal data policy of Moroccanoil and Haircare Group regarding the personal data of Members of the Moroccanoil HCG Loyalty Program;
1.25 Spend Balance means a Member’s net cumulative spend (after all discounts, rebates, returns etc, have been applied) on Valid Purchases in the previous calendar month. Valid Purchases from Orders processed and invoiced are added to the Member’s Tier Spend Balance on a monthly basis;
1.26 Stockist Status means a Member who has purchased an Introductory Offer granting them stockist status and referred to as such within the Moroccanoil HCG Loyalty Program;
1.27 Technical Issues means the technical malfunction of any telephone network, connection or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site;
1.28 Tier Spend Balance means a Member’s net cumulative spend (i.e. after all discounts, rebates, returns etc have been applied) on Valid Purchases whilst they are a Member of a Loyalty Tier;
1.29 Valid Purchases means all purchases except delivery costs and selected products which Haircare Groups determines, in its absolute discretion, will not be eligible to earn Reward Points. Any purchases which are returned will not constitute Valid Purchases except as set out in these Member Terms & Conditions.
2 GENERAL
2.1 These Member Terms & Conditions document the operation of the Moroccanoil HCG Loyalty Program, the use of the Loyalty ID, and any other applicable loyalty activities, Reward Points and Rewards.
2.2 Every Member who joins the Moroccanoil HCG Loyalty Program agrees to be bound by these Member Terms & Conditions.
2.3 The Member Terms & Conditions may be modified at any time upon not less than 90 days prior written notice to the Member by Haircare Group where necessary for legitimate business purposes.
2.4 Members will be taken to have received notice of any such changes if Haircare Group notifies Members of such changes by providing notice at the email address provided by the Member on the Moroccanoil HCG Loyalty Portal.
2.5 Notwithstanding the preceding clause, Haircare Group may alter the Qualifying Transaction and Loyalty Tier status at any time without notice.
2.6 Haircare Group commits to engaging in good faith with Members who have concerns regarding any material changes and will consider their feedback prior to such changes coming into effect. To the extent such changes detrimentally impact on a Member, the Member may terminate their arrangements under these Member Terms & Conditions upon written notice to Haircare Group without penalty or liability.
2.7 Haircare Group (and Moroccanoil as applicable) will accept no liability whatsoever for any Member Email that is misdirected, lost or not received.
2.8 Haircare Group (and Moroccanoil as applicable) will accept no liability whatsoever for any Technical Issues that may cause damage to any computer or other device used in connection with the Moroccanoil HCG Loyalty Program.
2.9 Haircare Group (and Moroccanoil as applicable) may collect personal information from Members for the purpose of facilitating the Moroccanoil HCG Loyalty Program. Personal information will be handled in accordance with Haircare Group’s Privacy Policy and the Salon Loyalty Portal Data Protection Policy.
2.10 Haircare Group (and Moroccanoil as applicable) reserves the right to cancel, terminate, modify or suspend the Moroccanoil HCG Loyalty Program or any aspect of it or at its election, at any time upon not less than 7 days prior written notice to the Members. Without limitation to the foregoing rights, Haircare Group reserves the right to transfer Members to such other loyalty program owned, operated, managed or administered by Haircare Group, its ‘related bodies corporates’ or ‘associated entities’ as those terms are defined in Corporations Act 2001 (Cth).
2.11 Haircare Group may, at any time and in its absolute discretion, require a Member to provide to Haircare Group proof of identification, including that it is a Salon, (in a form requested by Haircare Group) for Haircare Group to verify the Member’s membership and compliance with the Member Terms & Conditions and Haircare Group Trading Terms. Failure to provide identification when reasonably requested by Haircare Group may result in termination of a Member’s involvement in, and access to, the Moroccanoil HCG Loyalty Program.
2.12 Haircare Group will not be liable for any tax liability incurred by a Member in connection with the Moroccanoil HCG Loyalty Program, including that incurred in the provision and/or utilisation of Rewards. Rewards may be subject to personal income or other tax assessments. Members are advised to refer to an accountant or tax adviser for further information.
2.13 These Member Terms & Conditions are to be read in conjunction with any additional conditions associated with Rewards, including without limitation with the Salon Loyalty Portal Data Protection Policy, Moroccanoil Loyalty Salon Portal Terms and Conditions, Haircare Group website Terms and Conditions and Haircare Group Trading Terms.
2.14 Haircare Group’s (and Moroccanoil as applicable) decision in relation to all matters arising in relation to the Moroccanoil HCG Loyalty Program is final and binding.
2.15 Reference to a ‘day’ in these Member Terms & Conditions shall mean a 24 hour period ending at 11.59pm ACST;
2.16 Nothing in these Member Terms & Conditions is intended to contravene any applicable law. To the extent that any provisions in these Member Terms & 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 these Member Terms & Conditions.
2.17 Haircare Group acknowledges that certain warranties cannot be excluded, including under the Competition and Consumer Act 2010 (Cth). To the maximum extent permitted by law, Haircare Gorup and any of its directors, officers, employees, or agents are not liable for any loss or claim of any kind (including consequential or economic loss or loss of profit or loss of anticipated profits) arising under or in connection with these Member Terms & Conditions or the Moroccanoil HCG Loyalty Program, including any changes to these Member Terms & Conditions or the Moroccanoil HCG Loyalty Program, except to the extent such loss or claim arises directly from the negligent act or omission of Haircare Group.
3 MEMBERSHIP
3.1 Membership of the Moroccanoil HCG Loyalty Program is only open to Salons.
3.2 Membership is not open to:
3.2.1 customers in the retail Industry, schools, students, distributors, sub-distributors;
3.2.2 Salon customers who have spent less than $40,000 (ex GST) (either AUD or NZD depending on the location of the Salon) on Moroccanoil products, for the period 1 January through 31 December of any calendar year (which includes any Salons who become customers throughout any calendar year such spend being pro-rated); or
3.2.3 anyone located outside of Australia or New Zealand
3.3 A Salon (either an individual, partnership or company) becomes a Member as at the Join Date.
3.4 A Salon is deemed to be a Member upon accepting the invitation to join the Moroccanoil HCG Loyalty Portal.
3.5 When accepting the invitation to join, the following Salon information is uploaded in the Moroccanoil HCG Loyalty Portal:
3.5.1 name;
3.5.2 email address; and
3.5.3 region,
Please advise Haircare Group immediately if you do not wish for any of the above information to be included in the Moroccanoil HCG Loyalty Portal. Please note that participation in the Moroccanoil HCG Loyalty Program requires the above information and you may not be able to participate if you are unable to provide this information.
3.6 A Salon may view Member Profile at any time by visiting the Moroccanoil HCG Loyalty Portal. It is the Member’s responsibility to update their Member Profile including their email with Haircare Group by contacting customer service on 1300 437 436. If a Member has not provided or updated Haircare Group with correct details, Haircare Group may not be able to contact the Member about their access to the Moroccanoil HCG Loyalty Portal or the Moroccanoil HCG Loyalty Platform, Rewards or any other information.
3.7 Upon joining the Moroccanoil HCG Loyalty Program, a Member will be allocated to a Loyalty Tier. Details of the Loyalty Tiers are set out in the Loyalty Brochure.
3.8 At any time, a Salon may only have one account through the Moroccanoil HCG Loyalty Program and one corresponding Loyalty ID. Members may not transfer their account, Reward Points or Rewards to another person unless agreed with Haircare Group and Moroccanoil in writing.
3.9 Haircare Group reserves the right to modify, refuse or terminate a Member’s access to their account on the Moroccanoil HCG Loyalty Program upon prior notice if the Member breaches these Member Terms & Conditions or the Haircare Group Trading Terms.
3.10 A Member may end their membership at any time by contacting Haircare Group’s Customer Service team at support@haircare.group. In the event a Member ends their membership at any time, their access to the Moroccanoil HCG Loyalty Platform is revoked and all Rewards are forfeited.
3.11 Each Member is responsible for regularly checking their account and must notify Haircare Group of any omissions, incorrect entries or other discrepancies within 3 months of any Qualifying Transaction.
3.12 Members may access their Moroccanoil HCG Loyalty Program account information, including Loyalty ID, Loyalty Tier, Spend Balance and Member Profile at any time at no charge via the Moroccanoil HCG Loyalty Portal.
3.13 By joining the Moroccanoil HCG Loyalty Program, the Member consents to Haircare Group contacting the Member to provide them with consumer or marketing information and notifying them of Rewards or other products and special offers.
4 LOYALTY ID
4.1 Participation in the Moroccanoil HCG Loyalty Program is open to Members with a unique email address. Upon joining the program, Members will receive a welcome email. This email will outline the Loyalty Tier and associated benefits as well as the Member’s Loyalty ID.
4.2 Only one Loyalty ID can be presented for each transaction.
4.3 Members can view the record of their transactions and otherwise utilise the benefits of the Moroccanoil HCG Loyalty Program, by logging into their Moroccanoil HCG Loyalty Program account on the Moroccanoil HCG Loyalty Portal.
4.4 The Member must present a current Loyalty ID to access membership discounts, earn Reward Points, redeem Rewards and other Moroccanoil HCG Loyalty Program benefits. If Haircare Group are unable to verify a Member’s membership in the Moroccanoil HCG Loyalty Program, the Member may not be able to utilise the benefits of the program. Haircare Group may also not be able to record Member’s transactions which may impact the Loyalty Tier and level of membership benefits available.
4.5 Haircare Group does not accept any responsibility or liability whatsoever for any loss of a Member’s Loyalty ID or for any unauthorised redemption of Rewards.
5 EARNING REWARDS
5.1 The Moroccanoil HCG Loyalty Program operates by attributing different Rewards (as nominated by Haircare Group and Moroccanoil from time to time) to the various Loyalty Tiers of the Moroccanoil HCG Loyalty Program.
5.2 Members are allocated to an initial Loyalty Tier based upon the Introductory Deal.
5.3 When a Member completes a Qualifying Transaction, the net amount of the Valid Purchase is added to their Spend Balance and Tier Spend Balance at the end of each calendar month.
5.4 Reward Points earned from the previous calendar month’s spend will be visible and available to redeem in the Moroccanoil HCG Loyalty Portal within first 5 business days of the end of each calendar month.
5.5 Where a Valid Purchase is submitted, it will be loaded onto the Member’s account at the end of each calendar month in which a Valid Purchase is dispatched, not submitted.
5.6 The currency in which Rewards Points are earned will be in AUD unless a Member’s country of residence in the Member Profile is New Zealand. For example, a Valid Purchase made in New Zealand will earn Reward Points in NZD.
5.7 Haircare Group will endeavour to notify the Member via the Moroccanoil HCG Loyalty Portal or via email when Reward Points can be redeemed by a Member or if the Member changes to a different Loyalty Tier. If a Member unsubscribes from Moroccanoil Loyalty Program emails, their Reward Point balance will be only visible through the Moroccanoil HCG Loyalty Portal.
5.8 Haircare Group may, upon not less than 90 days written notice to each Member, vary the Rewards for any reason whatsoever in its absolute discretion.
5.9 Reward Points and Rewards cannot be sold, transferred or assigned and are not redeemable for cash, credit notes, cheques or gift cards. Reward Points are not legal tender in any country.
5.10 Reward Points cannot be earned using other Rewards as part of the transaction.
5.11 There is no limit on the number of Qualifying Transactions which a Member may accumulate per day.
5.12 When a Member chooses to return all or part of a Qualifying Transaction the net amount of the transaction will be deducted from the Member's Spend Balance and Tier Spend Balance and the Reward Points adjusted. This may result in the Member having a negative Spend Balance, Tier Balance or Reward Points. This clause does not apply where a Member returns all or part of a Qualifying Transaction for repair, replacement or refund in accordance with the consumer guarantees.
5.13 Members can view their Reward Points at any time by logging into their account online on the Moroccanoil HCG Loyalty Portal.
5.14 Rewards are not earned by any other means except as set out herein.
6 TIERS & ASSOCIATED REWARDS
6.1 There are a number of Loyalty Tiers in the Moroccanoil HCG Loyalty Program. The entry tier is dependent on the Introductory Offer and/or Colour Introductory Offer purchased by each Member. Members may progress to higher Loyalty Tiers on the basis of their Spend Balance, Tier Spend Balance or by purchasing an alternative Introductory Offer and/or Colour Introductory Offer.
6.2 The Qualifying Transactions spend required to attain and retain the relevant Loyalty Tier is published in the Loyalty Brochure and updated from time to time.
6.3 Members are allocated to Loyalty Tiers in the following manner, and earn Reward Points as set out below:
|
Status |
Spend Balance |
Loyalty points ($) earned on retail Spend |
Loyalty points ($) earned on hair colouring Spend |
|
VIP |
Set out in the Loyalty Brochure |
N/A due to dedicated VIP status and benefits
|
|
|
Platinum |
20% |
3% |
|
|
Gold |
18% |
2% |
|
|
Silver |
12% |
0% |
|
|
Bronze |
10% |
0% |
|
6.4 A Member may move to a higher Loyalty Tier when that Member’s Spend Balance qualifies them to move to the higher Loyalty Tier, however, a Member may only move to a higher Loyalty Tier upon Haircare Group’s annual review of Spend Balances, or at the next calendar month after which the Spend Balance for the specific Loyalty Teir has been exceeded, at Haircare Group’s absolute discretion.
6.5 All Qualifying Transactions, which are Valid Purchases, will contribute to a Member’s Spend Balance and enable the collection of Reward Points.
6.6 A Member’s Qualifying Transactions are only those transactions which occur on or after the Member purchases an Introductory Offer.
6.7 Except as stated elsewhere in these Member Terms & Conditions, or as otherwise determined by Haircare Group, Rewards may only be redeemed through the account of the Member who processed the Qualifying Transaction.
6.8 Rewards are set out in the Moroccanoil HCG Loyalty Platform and within the Loyalty Brochure from time to time.
6.9 Where a Member’s annual Tier Spend Balance falls below the minimum requirement for the Bronze Tier, the Member’s account will be suspended.
7 MEMBER STATUS
7.1 Haircare Group may offer Members additional benefits from time to time based upon the Member’s Loyalty Tier with details of such will be communicated to the Members as applicable.
7.2 Each Member will receive Rewards in accordance with their applicable Loyalty Tier.
7.3 Members will continue to be Members only whilst Members are in compliance with these Member Terms & Conditions and the Haircare Group Trading Terms.
8 REDEMPTION OF REWARDS
8.1 Haircare Group or Moroccanoil do not make any warranties nor make any representation in relation to the ultimate value of any Reward.
8.2 Reward Points can only be earned via Qualifying Transactions through all Haircare Group approved sales channels (e.g. Haircare Group wholesale stores, Haircare Group website, Haircare Group customer service team, Haircare Group account manager) throughout Australia and New Zealand.
8.3 To redeem any applicable Reward when transacting online on the Moroccanoil HCG Loyalty Portal, a Member must ensure they are logged into a valid account.
8.4 Rewards are subject to Haircare Group Reward management and availability may be limited.
8.5 The currency in which Rewards are redeemed will be based on the location of the Salon. For example, a Salon based in New Zealand will redeem the Rewards in NZD and a Salon based in Australia will redeem Rewards in AUD.
8.6 In addition to the Reward, Members must pay any other amounts quoted at the time of redemption (including any applicable taxes, fees and carrier charges) and any applicable Reward fees.
8.7 Reward Points cannot be redeemed in conjunction with any other offer unless otherwise indicated.
8.8 Reward Points cannot be redeemed as payment for any part of an order or for payment of any outstanding or overdue accounts whatsoever.
8.9 Only Reward Points from one Loyalty ID can be redeemed per transaction.
8.10 Haircare Group will not be held responsible or liable if Reward Points or Rewards are not able to be redeemed for whatever reason but specifically, in the case of a Technical Issue including the failure of software.
8.11 Reward Points can only be redeemed once and once a Reward redemption has been submitted, it cannot be amended or cancelled.
8.12 Rewards will be delivered to Members freight free, with Rewards being shipped to Members’ specified address.
8.13 All Reward Points will expire at midnight Australian Central Standard Time at the end of the 24th consecutive month for which the Member has not redeemed any Reward Points. For this purpose, Haircare Group will notify the Member at least 60 days prior to such expiration date that the Reward Points are about to expire and that any Reward Points cannot be re-credited once they have expired.
9 MEMBER OBLIGATIONS
Members must not:
9.1 act in any way that breaches these Member Terms & Conditions or the Haircare Group Trading Terms;
9.2 in relation to Rewards, act in any way which breaches the applicable Reward’s terms;
9.3 engage in any diversion activities whatsoever, illegal or fraudulent activities, including in relation to the Spend Tier and Rewards;
9.4 supply false or misleading information or make false or misleading representations; and
9.5 allow the Haircare Group trading account to fall into arrears
10 TERMINATION
10.1 If Haircare Group and/or Moroccanoil suspects, acting reasonably, that:
10.1.1 a Member has engaged in fraudulent activity, on or in connection with the Moroccanoil HCG Loyalty Program; or
10.1.2 Member has committed a breach of any provision of these Member Terms & Conditions or the Haircare Group Trading Terms,
Haircare Group and/or Moroccanoil may immediately suspend the Member’s participation in the Moroccanoil HCG Loyalty Program to prevent any further fraudulent activity, material breach or misuse. The Member’s account will not continue to accrue any Reward Points whilst suspended. For the avoidance of doubt the Member may not redeem any Rewards whilst their participation in the Moroccanoil HCG Loyalty Program has been suspended.
If such breach causing suspension is capable of remedy, Member will have 14 days from the date of receipt of written notice to remedy such breach to the reasonable satisfaction of Haircare Group..
If such breach is a material breach, or incapable of remedy, Haircare Group reserves the right to immediately terminate the Member’s participation in the Moroccanoil HCG Loyalty Program.
10.2 In the event Stockist Status is removed, Member will have 30 calendar days from the date on which the Stockist Status is removed to redeem any Rewards. Following the expiry of the 30 day period, all outstanding and future Rewards will be invalid and will be rendered null and void and Member’s access to the Moroccanoil HCG Loyalty Portal will be terminated.
10.3 In the event a Member’s existing Haircare Group trading account is suspended, placed on stop supply or has an outstanding balance for 60 days or more from the due date then Member’s participation in the Moroccanoil HCG Loyalty Program is suspended until such suspension or stop supply has been lifted or until such outstanding balance is paid in full. The Member’s account will not continue to accrue any Reward Points whilst suspended. For the avoidance of doubt the Member may not redeem any Rewards whilst their participation in the Moroccanoil HCG Loyalty Program has been suspended.
10.4 In the event a Member’s existing Haircare Group trading account is terminated for any reason, including for a Member breaching the Haircare Group Trading Terms or engaging in acts of diversion, the Member’s participation in the Moroccanoil HCG Loyalty Program will be immediately terminated and all outstanding and future Reward Points and Rewards will be invalid and will be rendered null and void and Member’s access to the Moroccanoil HCG Loyalty Portal will be revoked.
10.5 In accordance with clause 8.13, in the event a Member’s Reward Points expire at the end of the 24th consecutive month for which the Member has not redeemed any Reward Points, all outstanding and future Rewards will be invalid and will be rendered null and void and Member’s access to the Moroccanoil HCG Loyalty Portal will be revoked.
11 GENERAL
11.1 Interpretation
In these Terms & Conditions, unless the contrary intention appears:
11.1.1 headings are for convenience only and do not affect the interpretation of these Terms & Conditions;
11.1.2 the singular includes the plural and vice versa;
11.1.3 words that are gender neutral or gender specific include each gender;
11.1.4 where a word or phrase is given a particular meaning, other grammatical forms of that word or phrase have corresponding meanings;
11.1.5 the words ‘such as’ and ‘including’ and similar expressions are not words of limitation;
11.1.6 a reference to a party includes its agents, successors and permitted assigns;
11.1.7 a reference to law is reference to that law as amended, consolidated or replaced; and
11.1.8 a reference to dollars or $ means Australian dollars.
11.2 Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Haircare Group, Haircare Group is unable to perform in whole or in part any obligation under these Terms & Conditions:
11.2.1 Haircare Group is relieved of that obligation under these Terms & Conditions to the extent and for the period that Haircare Group is unable to perform such obligation; and
11.2.2 Haircare Group will not be liable to any Member under Terms & Conditions for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.
If a Force Majeure Event continues for more than 30 days, Haircare Group may terminate these Terms & Conditions by giving at least 30 days’ written notice to each Member.
11.3 Warranty Disclaimer
Haircare Group gives no warranty as to the continuing availability of the Moroccanoil HCG Loyalty Program. Haircare Group and/or Moroccanoil may suspend or terminate the Moroccanoil HCG Loyalty Program at any time by providing not less than 90 days’ notice, except if either Haircare Group or Moroccanoil ceases to operate in which case the Moroccanoil HCG Loyalty Program will terminate immediately.
11.4 Waiver
Any waiver of any provision of these Member Terms & Conditions will be effective only if in writing and signed by the party granting the waiver. Without limiting the foregoing, if a Member breaches these Member Terms & Conditions, and Haircare Group takes no action, Haircare Group will still be entitled to exercise its rights and remedies in any other situation where a Member breaches these Terms & Conditions.
11.5 Entire Agreement
Other than these Member Terms & Conditions together with the Moroccanoil Loyalty Salon Portal Terms and Conditions and the Moroccanoil Loyalty Salon Portal Terms and Conditions and Haircare Group Trading Terms supersedes all previous agreements, understandings and negotiations about its subject matter and embodies the entire agreement between the parties about its subject matter.
11.6 Governing Law
These Terms & Conditions are governed by the laws of South Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia including, for the avoidance of doubt, the Federal Court of Australia sitting in South Australia.