The Kult (also referred to as Kanvas Beauty Loyalty Program or The Kanvas Kult) is a customer rewards program ("The Kult") managed and conducted by Kanvas Beauty Pty Ltd (ACN 164 833 118) ("Kanvas Beauty" "we" or “our”) for the benefit of its customers ("Customer" or "you"). Opting in to the program is activated upon:
a) the creation of a customer account by providing personal information for the Kanvas Beauty database ("customer account")
b) Subscribing to the Kanvas Kult via the subscription pop up at or through making an order at www.kanvasbeauty.com.au ("Kanvas Beauty Australian Online Store"); or
c) the creation of a customer account by providing personal information for the Kanvas Beauty customer database when making a purchase online or by subscribing to receive email communications from Kanvas Beauty.
PARTICIPATION AND MEMBERSHIP
Participation in the Kanvas Kult Rewards Program is only open to Australian residents. If you are under the age of 18 years, you must have parental / guardian approval to opt in to the program, and further your parent / guardian must read and consent to these Terms and Conditions. These Terms and Conditions will be accepted by you and will be binding at the time of opting in. If you do not agree to be bound by these Terms and Conditions, please do not participate in the program.
CALCULATION OF KANVAS KULT SPEND
Purchases at our online store is included as "spend amount" in the Kanvas Kult rewards program ("Kanvas Kult Spend Amount"), provided you identify yourself by logging into your account for shopping online. Kanvas Kult spend amount excludes returns, refunds, delivery charges and the purchase of e-Gift Cards.
KANVAS BEAUTY AUSTRALIAN ONLINE STORE
Kanvas Kult spend amount is calculated in AUD for purchases made on the Kanvas Beauty Australian Online Store. Your membership will be activated on the day you opt in and tiers are set according to total aggregate spend in AUD on a rolling 365 day basis. as per the Kanvas Kult review date (generally at the start of each year). Spend levels are automatically updated each time you make an order while logged into your account. Kanvas Beauty Pty Ltd reserves the right to change or amend these conditions at any time without notice.
When shopping online, log in to your Kanvas Beauty account via your browser prior to completing your purchase, with the email address you have used for any purchases to make sure your purchases are added to your total aggregate spend.
Guest checkout purchases will not contribute to your Kult tier status and cannot be amended. If you would like your purchase recorded, please create an online account or log in to your existing account.
KANVAS KULT TIERS
As a member, Tier status is dependent on the dollar value (in AUD) of goods purchased at our online store on a rolling 365 day basis.
Level 00: The Fresh Face - requires a spend amount of up to A$199 within a rolling 365 day period.
Level 01: The Kanvas Lover - requires a spend amount between A$200 and A$399 within a rolling 365 day period.
Level 02: The Kanvas Devotee - requires a spend amount between A$400 and A$699 within a rolling 365 day period.
Level 03: The Kanvas Elite - requires a spend amount of over A$699 AUD within a rolling 365 day period.
Membership within a particular Kult tier is held for as long as spending levels persist above the required level per tier over a rolling 365 day period. If spending levels fall below that required by a particular tier, membership will automatically re-adjust to the tier below accordingly.
To the extent that a Kult tier has been achieved by you in connection with a breach of these Terms and Conditions or otherwise incorrectly allocated to you, including as a result of an error, we may adjust your Kult tier to the extent necessary to address the breach or error. When a customer obtains a refund or exchange for goods purchased from Kanvas Beauty, an adjustment is also made to your aggregate spend in the amount of the exchange or refund granted.
TRANSFERS AND CUSTOMER ACCOUNTS
Any transactions by another customer at our online store cannot be transferred to a different customer for someone else to obtain a higher Kult tier. Tier benefits are non-transferrable and cannot be redeemed for cash.
There can be only one customer for each Kanvas Beauty customer account. Transactions from multiple customer accounts cannot be combined into one Kult membership. It is your responsibility to ensure that Kanvas Beauty has only one account for you. If you suspect that you have more than one account, please Contact Us.
Kult benefits cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Kult memberships have no cash or monetary value and cannot be taken or redeemed as cash.
REWARDS AND BENEFITS
Any rewards, gifts, benefits or offers communicated as part of the Kanvas Kult Rewards Program may include specific offer Terms and Conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only Kult members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent.
All Kanvas Kult rewards, gifts, benefits or offers are subject to availability. Kanvas Beauty is not liable for any rewards, gifts, benefits or offers not being available for any reason.
CHANGE OF DETAILS
You should advise Kanvas Beauty of any change of name, address, contact number or email address by Contacting Us or e-mailing us at firstname.lastname@example.org. Kanvas Beauty is not responsible if you fail to notify us of any changes to your account details, which may result in you not obtaining any rewards as part of the Kult including the loss or downgrade of a Kult tier. You must provide acceptable identification information to change your membership details.
SUSPENSION AND / OR TERMINATION
Kanvas Beauty may immediately suspend or terminate your participation in the Kult Loyalty Program without further notice if you:
a) have breached these Terms and Conditions
b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to Kanvas Beauty, the Kanvas Kult Program or your Customer Account
c) have engaged in inappropriate conduct that undermines the reputation of Kanvas Beauty
d) have supplied or are attempting to supply false or misleading information to Kanvas Beauty
e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Kult awards, gifts, offers or benefits other than in accordance with these Terms and Conditions
f) act in a hostile, abusive or aggressive manner towards any Kanvas Beauty staff,
Where your right to participate in the Kult Loyalty Program is suspended or terminated, any benefits, rewards and rights and Kult status you may have at that time under the Kult Program shall thereby be suspended or terminated immediately.
WARRANTIES AND LIABILITIES
All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, Kanvas Beauty Pty Ltd and the Kult Program ("Warranties"), are expressly excluded to the extent permitted by law.
Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the "Acts") where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the customer pursuant to any of the Acts, Kanvas Beauty sole liability for breach of any such condition, warranty or other obligation is limited to:
a) in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
b) in the case of any claim relating to "spend amount", to crediting that number of "spend amount" to the customer account; or
c) in the case of any claim relating to a reward, to crediting the number of "spend amount" redeemable for that reward to your Kanvas Kult account.
To the extent permitted by law, Kanvas Beauty will not be liable to the customer (or any person claiming under or through the customer) or any third party for:
a) any personal injury or death to the customer or any third person;
b) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
c) the loss, theft or destruction of a Kanvas Beauty Pty Ltd e-Gift Card or any other reward, gift, offer or benefit; or
g) any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift, benefit or the Kult, arising out of, relating to or connected to the provision or use of the the Kult, any reward, gift, offer or benefit or any goods or services supplied by Kanvas Beauty. Kanvas Beauty shall not be liable to the customer or third party for any delay or non-performance of its obligations under these Terms and Conditions.
Employees of Kanvas Beauty, and any customer of Kanvas Beauty who is eligible for "corporate discounts" or "family discounts", are not eligible to participate in the Kult Program and are not eligible to use or redeem any corresponding offers, gifts, benefits or rewards.
Kanvas Beauty reserves the right to change the Kult Program (including, but not limited to, the Kult Tiers, expiry dates or the way in which Kult rewards, gifts, benefits or offers are earned and redeemed) or cease running Kult Membership at any time (without any liability to the customer or any third party). Kanvas Beauty will use reasonable measures to give advance notice to all customers of any changes in writing or by otherwise posting it on our website or other social media platforms. If you do not agree to these changes, you may terminate your participation in the Kult Program by contacting Kanvas Beauty Pty Ltd.
If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These Terms and Conditions and your participation in the Kult Loyalty Program is governed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for your customer account has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the Kult Loyalty Program, you submit to the jurisdiction of the Courts in the State of Victoria.