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Club Soda Terms & Conditions

“Club Soda Rewards Program” Member Terms & Conditions

Introduction

The Club Soda Rewards Program Member Terms and Conditions (“Member Terms and Conditions”) are incorporated by reference to our Terms and Conditions located at https://scotch-soda.com.au/pages/terms-conditions.

These Member Terms and Conditions operate as part of and in addition to the Terms & Conditions located at https://scotch-soda.com.au/pages/terms-conditions, including our Privacy Policy located at https://scotch-soda.com.au/pages/privacy-policy, and any other Scotch & Soda terms and conditions and policies.

Club Soda is our customer rewards program (Club Soda Rewards Program) provided for the benefit of our customers. Before opting into the Rewards Program, please read the Terms and Conditions, including the Member Terms and Conditions carefully before you use and/or opt into the Rewards Program and refer to our Privacy Policy for more details regarding use of your personal information and opt out procedures.

By opting-in to the Club Soda Rewards Program, you acknowledge, warrant and represent to us that you have read, understood and agreed to our Terms and Conditions, including these Member Terms and Conditions and our Privacy Policy.

By participating in the Club Soda Rewards Program, you agree to be legally bound by the Terms and Conditions. If you do not agree to be bound by the Member Terms and Conditions, you are considered ineligible for the Rewards Program and must immediately cease participation in the Rewards Program.

Scotch & Soda reserves the right to unilaterally change these terms and conditions, as well as the Rewards Program, at any time. In such cases, we will inform you of the changes by email. If you disagree with the changes, you can deactivate your membership.

 

Definitions

“12 Month Spend Balance” means a Member’s net cumulative spend (i.e. after all redeemed Rewards, discounts, returns and other similar deductions have been applied) on valid purchases in the currency of the country in which the valid purchase was made in the previous 12 months. For example, a Member’s 12 Month Spend Balance as at the period 1 August 2023 will be their cumulative spend on valid purchases during the period from 1 August 2022 to 23:59:59 on 31 July 2023.

A Member’s 12 Month Spend Balance is reviewed daily and any valid purchases outside of this period will be disregarded. A valid purchase made in-store is added to a Member’s 12 month Spend Balance on the day the valid purchase is made and a valid purchase made online is added to the Member’s 12 Month Spend Balance on date the order has been dispatched (and not the date it is ordered).

Anniversary” means the date that occurs every 12 months from the later of (A) that Member’s Join Date or (b) the date of the Member’s most recent change in Tier (if that Member changes Tier after their Join Date or their immediately preceding “Anniversary”).

Benefits” means any benefits given to the Members under the Club Soda rewards program.

Club Soda Rewards Program” means the rewards program operated by Scotch & Soda providing Members with access to exclusive benefits and rewards.

Effective Date” means 22 August 2023.

Join Date” means the date an individual becomes a Member in accordance with clauses 17, 18 and 19.

Member” means an individual who signs up to the Club Soda Rewards Program.

Member Account” means the collective details of a Member (including, but not limited to, Member Details) as maintained by Scotch & Soda (in any manner it thinks fit) for the purposes of administering the Clubs Soda Rewards Program.

Member Details” means any information (including personal information) about a Member such as family and given name(s), email address, birth date, phone number, postal address, clothing sizes and Purchasing Information.

Member Terms and Conditions” mean the terms and conditions set out in this agreement, as updated through or on the Scotch & Soda Australia website from time to time.

Participating Store” means any Scotch & Soda stand-alone flagship store in Australia, excluding Scotch & Soda outlet stores, David Jones and other independent stockists of Scotch & Soda.

Purchasing Information” means information relating to an individual’s purchases, including (but not limited to) details of SKUs and products purchased, receipts and other purchasing behaviour information.

Scotch & Soda” means Mogo Clothing Australia Pty Ltd t/a Scotch & Soda (ABN 85 010 765 894) or its authorised representatives.

Scotch & Soda Online” refers to web pages maintained by Scotch & Soda Australia where details of all relevant and up-to-date terms and conditions (including those relevant to the Club Soda Rewards Program can be found, being https://scotch-soda.com.au/pages/terms-conditions.

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.

Tiers” means the tier status of a Member determined by clauses 40, 41 and 42.

Valid Purchases” means all purchases (other than purchases of gift cards and not including discounts on, or costs of delivery for, any purchase), including those made using Afterpay, made by a Member at a Scotch & Soda Participating Store or Scotch & Soda Online (but excluding purchases of selected merchandise which Scotch & Soda determines will not be eligible to earn Rewards or be included as part of the 12 Month Spend Balance).

“Rewards” refers to Rewards given to Members because of purchasing behaviours, incentives and/or promotions. Members are notified of their entitlement to Rewards via email or otherwise through their Member Account (if possible).

 

General

1.    All queries relating to membership and the administration of the Club Soda Rewards Program (including in respect of cancellation of membership and/or complaints) can be directed to Scotch & Soda’s Customer Care team by sending an email to support@scotch-soda.com.au.

2.    These Member Terms and Conditions set out the operation of the Club Soda Rewards Program operated by Scotch & Soda, and any promotion activity and rewards transactions that arise because of the Clubs Soda Rewards Program.

 

3.    Individuals who join the Club Soda Rewards Program agree to be bound by these Member Terms and Conditions.  

 

4.    These Member Terms and Conditions may be modified at any time by Scotch & Soda in its absolute discretion. Scotch & Soda will notify Members in writing of any such modifications no later than 14 days prior to the date that such modifications are to take effect.

 

5.    Scotch & Soda will not accept liability for non-receipt of a Member’s email due to such email being misdirected, lost or not received for any other reason.

 

6.    Scotch & Soda accepts no liability for any Technical Issues that may cause damage to any computer related to or used in connection with the Club Soda Rewards Program.

 

7.    Scotch & Soda may collect personal information from Members for the purpose of facilitating the Club Soda Rewards Program. Any personal information collected will be handled in accordance with Scotch & Soda’s Privacy Policy - https://scotch-soda.com.au/pages/privacy-policy, which contains information about how Members may seek to access or correct their personal information held by Scotch & Soda or complain about a breach of their privacy, and how Scotch & Soda will deal with that complaint.

 

By joining the Scotch & Soda Rewards Program, an individual consents to Scotch & Soda contacting them to provide them with consumer or marketing information or notify them of Rewards or other products and special offers, for an indefinite period, unless otherwise advised by the Member (or former Member, as the case may be). 

 

8.    Scotch & Soda reserves the right to cancel, terminate, modify, or suspend the Club Soda Rewards Program or any part of it or at its election, to payout any Rewards or reset 12 Month Spend Balances.

 

Scotch & Soda will notify Members of any such cancellation, modification, or suspension no later than 14 days prior to any such action being taken by giving written notice (including by email) to Members.

9.    Scotch & Soda may, at any time and in its absolute discretion, require a Member to provide proof of identification (in a form reasonably requested by Scotch & Soda) for Scotch & Soda 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 immediate termination of a Member’s membership in the Club Soda Rewards Program and all Rewards linked to such membership will be immediately forfeited.

10.  Scotch & Soda is not liable for any tax liability incurred by a Member in connection with its involvement in, or use of, the Club Soda Rewards Program, including in connection with the provision and/or utilisation of Rewards.

11.  These Member Terms and Conditions are to be read in conjunction with any additional conditions associated with Scotch & Soda including, without limitation, all terms and conditions found at Scotch & Soda Online including https://scotch-soda.com.au/pages/delivery, https://scotch-soda.com.au/pages/terms-conditions, https://scotch-soda.com.au/pages/privacy-policy for Scotch & Soda (all of which are incorporated into these Terms and Conditions). To the extent of any inconsistency between these Member Terms and Conditions and other Scotch & Soda terms and conditions or policies, these Member Terms and Conditions prevail.

12.  Scotch & Soda’s decision on all matters arising in relation to member of, use of the rights that are subject to, and exit from, the Club Soda Rewards Program is final and binding.

13.  Any failure or delay by Scotch & Soda to exercise its rights under these Member Terms and Conditions does not constitute a waiver of those rights. Any waiver by Scotch & Soda must be in writing and signed by a duly authorised office of Scotch & Soda.

14.  Nothing in these Member Terms and Conditions is intended to contravene any applicable law. To the extent that any provisions in these Member Terms and Conditions is invalid or unenforceable, it is to be read down 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 and Conditions.

 

Membership

15.  Membership of the Club Soda Rewards Program is open to individuals who are 18 years or older with a unique email address and who are residents of Australia.

16.  Members of the Club Soda Rewards Program may record their spend and utilize benefits of the Clubs Soda Rewards Program by

·      providing a valid email address and a form of identification displaying the Member’s name and address (for Valid Purchases made in-store); or

·      making purchases at Scotch & Soda Online using an active Member Account maintained for such Member by Scotch & Soda.

 

17.  On and from the Effective Date, an individual for whom Scotch & Soda collects (or already holds) Member Details will, at Scotch & Soda discretion, be signed-up for membership to the Club Soda Rewards Program as constituted by these Member Terms and Conditions. If such individual does not agree to these Member Terms and Conditions, they may cancel their membership at any time, by contacting Scotch & Soda’s Customer Care team (at the details provided in clause 1 above).

 

18.  An individual can sign up online for membership for the Club Soda Rewards Program by visiting Scotch & Soda Online, creating a Member Account, and agreeing to the Member Terms and Conditions.

19.  An individual becomes a Member in-store when a Scotch & Soda sales consultant records the individual’s Member Details at the point of sale (with the individual’s consent). Other details may be optionally recorded.  

20.  It is the Member’s responsibility to ensure their Member Account is up to date with correct Member Details. If a Member has not provided or updated Scotch & Soda with correct details, Scotch & Soda may not be able to contact the Member about their membership, Rewards, special offers or entry to competitions. A Member can update their details in-store or by contacting Scotch & Soda Customer Care team (at the details provided in clause 1 above).
 

21.  At the Effective Date or Join Date (as the case may be), a Member will be allocated to a Tier based on their 12 Month Spend Balance as at that date. Details of the Tiers are outlined in clauses 40, 41 and 42 below.

22.  At any time, Members may only have one membership account to the Club Soda Rewards Program. Members may not transfer their membership or Rewards to another person.
 

23.  Scotch & Soda reserves the absolute right to modify, refuse or cancel a Member’s membership to the Club Soda Rewards Program at its absolute discretion by giving written notice (including by email) to the Member no later than 14 days prior to the date on which such modification, refusal or cancellation is to take effect.
 

24.  A Member may cancel their membership at any time by contacting Scotch & Soda’s Customer Care team (at the details provided in clause 1 above).
 

25.  Upon cancellation of an individual’s membership in accordance with clauses 17, 23 or 24 (for any reason):

a.    all Rewards linked to that individual’s Member Account will be forfeited immediately; and

b.    that individual’s Member Account will be anonymised, and Scotch & Soda will retain all Purchasing Information.

 

Earning Rewards

26.  The Club Soda Rewards Program operates by attributing different Rewards (as nominated by Scotch & Soda from time to time) to the various Tiers of the Club Soda Rewards Program.

27.  Rewards will be issued electronically and linked to an individual’s Member Account.
 

28.  Member’s are allocated to Tiers based on their 12 Month Spend Balance.
 

29.  Where a Valid Purchase is made in-store, Rewards will be issued based on the date the order is made in-store and the Member’s Profile is updated (approximately 5 minutes after the Valid Purchase is made).
 

30.  Where a Valid Purchase is made online, Rewards will be issued based on the day the order is dispatched (not made) and will be loaded onto the Member’s account approximately 24 hours after the order is dispatched (not the date it is ordered). For example, the Member will receive the Reward approximately 24 hours after they receive notification that their order has been dispatched.
 

31.   The currency applicable of the Reward(s) earned is Australian Dollar (AUD).

32.  Scotch & Soda will endeavour to notify the Member via email when the Member is entitled to a Reward or has qualified for a change to a different Tier. If a Member unsubscribes from receiving emails form Scotch & Soda, they will be able to view their Reward balance by signing in to their online account at https://scotch-soda.com.au/, or by asking a member of staff in a Scotch & Soda retail store, by contacting Scotch & Soda’s Customer Care team or any other method Scotch & Soda directs from time to time.

33.  At its sole discretion, Scotch & Soda may update a Member Account by adding any bonus Reward (or gift) as a consequence of a Member’s purchasing behaviour, incentive and/or other promotional activities (in addition to any Rewards the Member is entitled as a result of their Tier status).

 

34.  Scotch & Soda reserves the right to withdraw, cancel or vary Rewards without notice and at any time for any reason whatsoever in its absolute discretion including without limitation Rewards awarded in error or Rewards earned fraudulently.

35.  Rewards cannot be sold, transferred, or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, cheques, and credit notes. Rewards are not legal tender in any country.
 

36.  Rewards cannot be earned using other Rewards as part of the transaction and any purchase completed using a Reward does not contribute towards a Member’s 12 Month Spend Balance, to the extent of the monetary value of the relevant Reward.

37.  Rewards can be earned from Valid Purchases using Afterpay.
 

38.  When a Member returns a purchase in-store or via post (in compliance with all of Scotch & Soda’s returns policy, https://scotch-soda.com.au/pages/returns), the net amount of the transaction that relates to the relevant return will be deducted from the customers spend. The customer will need to spend the amount returned before they continue earning rewards on future purchases. Refer to clause 64 for more details relating to Returns.

  

39.  If an online order is cancelled for any reason, Scotch & Soda may adjust or reverse Rewards that were previously awarded to a Member in that transaction.

 

Tiers & Associated Rewards

40.  Members are allocated to Tiers on the basis of their 12 Month Spend Balance (a Member’s ‘status’):

a.    Bronze Status: Members whose 12 Month Spend Balance is $499 or less;

b.    Silver Status: Members whose 12 Month Spend Balance is $500 or more, but less than $2,499;

c.      Gold Status: Members whose 12 Month Spend Balance is $2,500 or more, but less than $4,999;

d.    Platinum Status: Members whose 12 Month Spend Balance is $5,000 or more.

 

41.  A Member may move at any time to a higher Tier, when that Member’s 12 Month Spend Balance qualifies them to move to the higher Tier.

42.  On each Member’s Anniversary, a Member’s status will be determined by the Member’s 12 Month Spend Balance since joining the Tier they are currently in and the Member will, depending on the Member’s 12 Month Spend Balance, either retain their status or be moved down to a different Tier.

 

The Member’s status will then remain in that Tier until the next Anniversary unless the Member’s 12 Month Spend Balance qualifies the Member to move to a higher Tier.

43.  All Valid Purchases will contribute to a Member’s 12 Month Spend Balance.

 

$20 Welcome Reward

44.   When a Member joins the Club Soda Rewards Program, they will be awarded a $20 Reward (Welcome Reward) to use on their first purchase. The reward can be redeemed at Scotch & Soda participating stores or at Scotch & Soda Online, excluding Scotch & Soda outlet stores, in accordance with these Member Terms and Conditions.

 

45.  For Member’s signing up in-store, the Welcome Reward will be available on the Member’s account following sign up. Members will need to create an account online using the same email address they used to sign up in-store. The Welcome Reward will expire 90 days after issue.

46.  For Member’s signing up online, the Welcome Reward will be available within the Member’s account within 15 minutes of signing up and is available for a one-time use only. To redeem the Welcome Reward online, the Member must be signed in to their Member Account, and the Sign Up Reward can be applied at cart at the shopping bag or at the point of checkout, prior to submitting payment. The Welcome Reward will expire 90 days after the date of its issue.

 

$20 Reward for Every $300 spent

47.   For every $300 spent (excluding any applicable discounts) on Valid Purchases in store or online across Scotch & Soda, a Member will receive a $20 Reward (each a Transaction Reward). These purchases will contribute to the Member’s 12 Month Spend Balance.

 

48.  A Member’s 12 Month Spend Balance is calculated daily and if they are eligible for a reward or multiple rewards, Scotch & Soda will use its best endeavours to procure that a notification email will be sent the next day. Rewards will be issued in multiples of $20 and expire 90 days after the date of issue.
 

49.  Rewards cannot be earned using other Rewards as part of the transaction. For example, if a Member purchases an item of $200, using $180 in cash and $20 in rewards, only $180 of the transaction value will form part of the Member’s 12 Month Spend Balance.

 

Benefits of Bronze Status 

50.  In addition to the Welcome Reward and Transaction Rewards (from time to time), Members with ‘Bronze’ status are eligible to receive a $15 “Birthday Reward” (Birthday Reward).

The Birthday Reward is issued once every 12 months, the day before the Member’s birthday (the Member must have provided a valid date of birth at the time of the membership sign up to receive this Reward). The Birthday Reward expires 30 days after the date of issue.

 

Benefits of Silver Status

51.  In addition to the Welcome Reward and Transaction Rewards (from time to time) Members with ‘Silver’ status are also eligible to receive the following benefits and rewards:

a.    $20 ‘Welcome to Silver Tier’ Reward issued every time the Member changes Tier to Silver status (from a lower or higher Tier) which expires 90 days after date of issue;

b.    $20 ‘Silver Anniversary’ Reward issued on the Member’s Anniversary, which expires 90 days after date of issue;

c.      $20 Birthday Reward: A $20 reward is issued once every 12 months, the day before the Member’s birthday (the Member must have provided a valid date of birth at the time of membership sign up to receive this Reward). The reward expires 30 days after date of issue; 

 

Benefits of Gold Status

52.  In addition to the Welcome Reward and Transaction Rewards (from time to time), Members with ‘Gold’ status are eligible to receive the following benefits and rewards:

a.    $20 ‘Welcome to Gold Tier’ Reward issued every time the Member changes Tier to Gold status (from a lower or higher Tier) which expires 90 days after date of issue;

b.    $50 ‘Gold Anniversary’ Reward issued on the Member’s Anniversary, which expires 90 days after date of issue;

c.      $50 Birthday Reward: A $50 reward is issued once every 12 months, the day before the Member’s birthday (the Member must have provided a valid date of birth at the time of membership sign up to receive this Reward). The reward expires 30 days after date of issue.

d.    Eligibility for access to exclusive offers and competitions via email notifications; and eligibility for invites to exclusive events held at participating Scotch & Soda stores.

 

Benefits of Platinum Status

53.  In addition to the Welcome Reward and Transaction Rewards (from time to time), Members with ‘Platinum’ status are eligible to receive the following benefits and rewards:

a.    $20 ‘Welcome to Platinum Tier’ Reward issued every time the Member changes Tier to Platinum status (from a lower Tier) which expires 90 days after date of issue;

b.    $100 ‘Platinum Anniversary’ Reward issued on the Member’s Anniversary, which expires 90 days after date of issue;

c.      $100 Birthday Reward: A $100 reward is issued once every 12 months, the day before the Member’s birthday (the Member must have provided a valid date of birth at the time of membership sign up to receive this Reward). The reward expires 30 days after date of issue.

d.    Eligibility for access to exclusive offers and competitions via email notifications; and eligibility for invites to exclusive events held at participating Scotch & Soda stores.

 

Redemption of Rewards

54.  Rewards can only be redeemed at Scotch & Soda retail stores in Australia and at Scotch & Soda Online. Rewards cannot be redeemed in Scotch & Soda outlet stores.    

55.  To redeem a Reward at Scotch & Soda Online, a Member must ensure they are logged into their Member Account when transacting. It is the Member’s responsibility to redeem a Reward before completing their transaction. A Reward cannot be redeemed once an order has been finalised. Any purchases made prior to a Club Soda account being created will not earn rewards and will not contribute to your yearly spend.

56.  When redeeming any applicable Reward, the Reward will be applied proportionally across each item purchased, based on the percentage each item represents of your total purchase. This means that a redeemed Reward will not be split equally across all items purchased.

57.  Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated.

58.  Rewards cannot be redeemed against purchases of gift vouchers, or shipping and postage.

59.  All Rewards have an expiry date as indicated by the Rewards in each Tier at which point, they will no longer be available for redemption. Scotch & Soda reserves the right to change the expiry date and will give Members 14 days’ prior written notice by email in the event of any such change.

60.  Only Rewards earned from one membership can be redeemed per transaction.
 

61.  Scotch & Soda will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason but specifically, in the case of a Technical Issue including without limitation the failure of software or hardware or an EFTPOS malfunction.
 

62.   Rewards can only be redeemed once.

63.  Scotch & Soda reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.

 

64.  Returns: If a Member returns a purchase for reasons other than that the goods are faulty (in which case the provisions of (a) to (d) below do not apply) and otherwise in accordance with any policies concerning deliveries and returns:

a.    any Reward redeemed or utilised during the purchase will be forfeited;

b.    any Reward redeemed or utilised during the original purchase can be honoured for any exchange if the exchange takes place on the same day as the return, otherwise it will be forfeited;

c.      any Reward that was earned from the original purchase and is still active will be reversed; and

d.    any Reward that may otherwise have been obtained (such as through being promoted to a higher Tier) will be kept but the Member will have the value of the return transaction deducted from their 12 Month Spend Balance. This may result in the Member having a negative 12 Month Spend Balance.

 

Limitation of Liability

65.   Each Member has certain rights under the Australian Consumer Law which cannot be excluded and are not affected by these Member Terms and Conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Member Terms and Conditions. To the maximum extent permitted by law, neither Scotch & Soda, or their respective officers, employees, contractors, agents or advisers will be liable to any Member (or any other person) for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will Scotch & Soda be in default under these Member Terms and Conditions for any reason or cause, except if caused by Scotch & Soda gross negligence. To the extent permitted by law, if Scotch & Soda is liable to a Member, Scotch & Soda’s maximum aggregate liability is limited to the value of Rewards which have been issued to (but not used by) the Member in accordance with these Terms and Conditions at the relevant time.

 

Applicable Law

66.  These Member Terms and Conditions are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute in connection with the Club Soda Rewards Program is exclusively subject to the jurisdiction of the courts of Queensland, Australia. The Member waives any rights to:

a.    object to the venue of any proceedings: or

b.    claim that the proceedings have been brought in an inconvenient forum or that the courts of another place is a more convenient forum,

if the proceedings have been brough tin a court referred to in this clause 67.

 

Terms & Conditions - 12 Days of Gifting “Double your Earned Rewards” Promotion

From 12:01am AEST on 1st December 2023 until 11:59pm AEST on 3rd December 2023, Club Soda Rewards Members will receive a $20 Reward for every $150 spent (excluding any applicable discounts) on Valid Purchases in store or online across Scotch & Soda.

The above promotion will not alter the calculation of a Member’s 12 Month Spend Balance.