Updated 11/01/2019

BY SIGNING UP TO THE SUNCHASER CLUB MEMBERSHIP PROGRAM, OR REDEEMING ANY REWARD AWARDED TO YOU AS PART OF THE SUNCHASERS CLUB MEMBERSHIP POROGRAM YOU ARE DEEMED TO HAVE ACCEPTED AND TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE CUPSHE’S PRIVACY POLICIES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD NOT SIGN UP AS A MEMBER OF THE SUNCHASERS CLUB MEMBERSHIP PROGRAM OR ATTEMPT TO REDEEM ANY REWARD ISSUED UNDER THESE

 

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 Purchases was made in the previous 12 months. For example, a Member’s 12 Month Spend Balance as at the period 1 November 2019 will be their cumulative spend on Valid Purchases during the period from 1 November 2019 to 23:59:59 on 31 October

 

GENERAL

  1. All queries relating to membership and the administration of the Sunchasers Club Membership Program (including in respect of cancellation of membership and/or complaints) can be directed to Cupshe’s Customer Service team via email: service@cupshe.com
  2. These Member Terms and Conditions outline the operation of the Sunchasers Club Membership Program operated by Cupshe, and any promotional activity and membershiptransactions that arise as a consequence of the Sunchasers Club Membership Program.
  3. Individuals who join the Sunchasers Club Membership Program agree to be bound by these Member Terms and Conditions.
  4. These Member Terms and Conditions may be modified at any time by Cupshe in its absolute discretion. Cupshe 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. Cupshe will not accept any liability for non-receipt of a Member’s email due to such email being misdirected, lost or not received for any other reason.
  6. Cupshe accepts no liability for any Technical issues that may causes damage to any computer related to or used in connection with the Sunchasers Club Membership Program.
  7. Cupshe may collect personal information from Members for the purpose of facilitating the Sunchasers Club Membership Program. Any personal information collected will be handled in accordance with Cupshe’s respective Privacy Policies – https://www.cupshe.com/pages/privacy-policywhich contains information about how Members may seek access or correct their personal information held by Cupshe or complain about a breach of their privacy, and how Cupshe will deal with that complaint. By joining the Sunchasers Club Membership Program, an individual consents to Cupshe 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 maybe). Unless otherwise indicated by Cupshe, Cupshe may disclose personal information overseas, as you consent for this to occur and agree not to hold Cupshe liable in this regard.
  8. Cupshe reserves the right to cancel, terminate, modify or suspend The Sunchasers Club Membership Program or any part of it or at its election, to payout any Rewards or reset 12 Month Spend Balances. Cupshe 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. Cupshe may,at any time and in its absolute discretion, require a Member to provide proof of identification (in a form reasonably requested by Cupshe) for Cupshe 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 Sunchasers Club Membership Program and all Rewards linked to such membership will be immediately forfeited.
  10. Cupshe is not liable for any tax liability incurred by a Member in connection with its involvement in, or use of, The Sunchasers Club Membership Program, including in connection with the provision and/or utilization of
  11. These Member Terms and Conditions are to be read in conjunction with any additional conditions associated with Cupshe including, without limitation, all terms and conditions found at cupshe.com including "Delivery & Returns", "Terms and Conditions" and "Privacy Policy" for Cupshe. To the extent of any inconsistency between these Member Terms and Conditions and other Cupshe terms and conditions or policies, these Member Terms and Conditions
  12. Cupshe’s decision on all matters arising in relation to membership of, use of the rights that are subject to, and exit from, The Sunchasers Club Membership Program is final and
  13. Any failure or delay by Cupshe to exercise its rights under these Member Terms and Conditions does not constitute a waiver of those rights. Any waiver by Cupshe must be in writing and signed by a duly authorized officer of Cupshe.
  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 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 and Conditions.

 

MEMBERSHIP

 

  1. Membershipof The Sunchasers Club Membership Program is open to individuals who are 18 years or older with a unique email address.
  2. Members of The Sunchasers Club Membership Program may record their spend and utilize benefits of The Sunchasers Club Membership Program by: providing a valid email address and a form of identification displaying the Member’s name and address for making purchases at Cupshe Online using an active Member Account maintained for such Member by Cupshe .
  3. On and from the Effective Date, an individual for whom Cupshe collects (or already holds) Member Detials will, at Cupshe’s Discretion, be signed-up for membership to the Sunchasers Club Membership 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 Cupshe’s Customer Service Team (at the details provided in clause 1 above)
  4. An individual can sign up online for membership of the Sunchasers Club Membership Program by visiting Cupshe Online, creating a Member Account and agreeing to the Member Terms and Conditions.
  5. 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 Cupshe with correct details, Cupshe 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 Cupshe 's Customer Service Team (at the details provided in clause 1above).
  6. 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 35, 36 and 37 below.
  7. At any time, Members may only have one membership account to The Sunchasers Club Membership Program. Members may not transfer their membership or Rewards to another
  8. Cupshe reserves the absolute right to modify, refuse or cancel a Member’s membership to the Sunchasers Club Membership 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
  9. A Member may cancel their membership at any time by contacting Cupshe ’s Customer Service Team (at the details provided in clause 1above).
  10. Upon cancellation of an individual's membership in accordance with clauses 17, 22 or 23 (for any reason):
    • all MembershipPoints and Rewards linked to that individual's Member Account will be forfeited immediately; and
    • that individual's Member Account will be anonymous and Cupshe will retain all Purchasing

EARNING REWARDS

  1. The Sunchasers Club Membership Program operates by attributing different Rewards (as nominated by Cupshe from time to time) to the various Tiers of the Sunchasers Club Membership Program.
  2. Rewards will be issued electronically and linked to an individual’s Member Account.
  3. Members are allocated to Tiers on the basis of their 12 Month Spend Balance.
  4. Where a Valid Purchase is made online, Rewards will be issued based on the date the order is confirmed and will be loaded onto the Member’s account 30 days after the order is placed. During this period, the member will see the reward points in Pending Status in member’s activities history.
  5. Cupshe will endeavorto notify the Member via email when the Member is entitled to a Rewards or has qualified for a change to a different Tier. If a Member unsubscribes from receiving emails from Cupshe, they will be able to view their Rewards balance by signing into their online account at cupshe.com, by contacting Cupshe’s Customer Service Team or any other method Cupshe directs from time to time.
  6. At its sole discretion, Cupshe may update a Member Account by adding any bonus Reward 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)
  7. Cupshe 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.
  8. Rewards cannot be sold, transferred or assigned and are not redeemable for cash for any other like instruments,including(but not limited to) gift voucher, gift cards, check and credit notes. Rewards are not legal tender in any country.
  9. 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.
  10. If an online order is cancelled for any reason, Cupshe  may adjust or reverse Rewards that were previously awarded to a Member in that transaction.

 

TIERS & ASSOCIATED REWARDS

  1. Members are allocated to Tiers on the basis of their 12 Month (a Member’s ‘status’)in the following manner and as depicted in the pyramid diagram below:
  • Sun:Member whose 12 Month Spend Balance is $600 or more
  • Sea: Member whose 12 Month Spend Balance is $400 or more, but less than $600;
  • Sand: Member whose 12 Month Spend Balance is $110 or more, but less than $400;
  • Shore:Member whose 12 Month Spend Balance is $109 or less.
  1. 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.
  2. 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.
  3. All Valid Purchases will contribute to a Member’s 12 Month Spend Balance.

 

FRIENDS REFERRAL PROGRAM

  1. As part of The Sunchasers Club Membership Program, a Member can participate in referral to accelerate Rewards accumulation. For each Successful Referral, a Member will receive 1000 points to be used for Rewards redemption.
  2. To participate in the Referral Program as a Referrer, you (“you” or “your”) go to refer a friend section using the format(s) provided, invite your friends, and family (your “Referrals”) through sharing your personal referral link or sending a Cupshe generated email to join and purchase from Cupshe at refer a friend Opens in New Window(each, an “Invitation”). Only Referrals who have not previously purchased from Cupshe Memberships as determined by Cupshe in its sole discretion:
  3. qualify to use the discount code (the “Discount”) provided in your Invitation; and/or
  4. will receive an email Invitation if you select the email Invitation format provided. The Invitation will identify you (including your email address) as the person who referred such Referral to Cupshe, and will include a discount on the Referrals’ order .

In addition to email match, Cupshe reserves the right, and may employ other techniques,to confirm that your Referral has not previously been purchased from Cupshe.

  1. The person who receive the Invitation will receive $10 discount on their first purchase with Cupshe with no minimum spend.
  2. A Successful Referral refers to where the the person who receive the Invitation made a Valid Purchase that is over $40 and no returns or refund was initiated.

 

BENEFITS OF SHORE

  1. In addition to the Sign up Bonus and Transaction Rewards (from time to time). Member with ‘Shore’ status are eligible to receive the following benefits and rewards:
    • 500 points ‘Birthday Reward’;
    • Early access to member exclusive sale and other promotions;
    • Free expedited shipping on orders over $40 (US only)
  1. The Birthday Rewards 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 or later in Member’s account page to receive this Reward).
  2. The Birthday Reward expires 30 days after the day of issue and
    • Eligibility for access to exclusive offers via email notifications from time to time

 

BENEFITS OF SAND

  1. In addition to the Sign up Rewards and Transaction Rewards (from time to time) Members with “Sand” Status are also eligible to receive the following benefits and rewards:
    • 500 points ‘Birthday Reward’;
    • Early access to member exclusive sale and other promotions;
    • Free expedited shipping on orders over $40 (US only)
    • Eligible to redeem Free Shipping Voucher that value up to $15 with 500 points
  1. The Birthday Rewards 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 or later in Member’s account page to receive this Reward).
  2. The Birthday Reward expires 30 days after the day of issueand
    • Eligibility for access to exclusive offers via email notifications from time to time

 

BENEFITS OF SEA

  1. In addition to the Sign up Rewards and Transaction Rewards (from time to time) Members with “Sea” Status are also eligible to receive the following benefits and rewards:
    • 500 points ‘Birthday Reward’;
    • Early access to member exclusive sale and other promotions;
    • Free expedited shipping on orders over $40 (US only)
    • Eligible to redeem Free Shipping Voucher that value up to $15 with 500 points
    • Eligible to redeem Free Shipping Voucher that value up to $20 with 600 points
  1. The Birthday Rewards 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 or later in Member’s account page to receive this Reward).
  2. The Birthday Reward expires 30 days after the day of issueand
    • Eligibility for access to exclusive offers and competitions via email notifications from time to time

 

BENEFITS OF SUN

  1. In addition to the Sign up Rewards and Transaction Rewards (from time to time) Members with “Sun” Status are also eligible to receive the following benefits and rewards:
    • 500 points ‘Birthday Reward’;
    • Early access to member exclusive sale and other promotions;
    • Free expedited shipping on orders over $40 (US only)
    • Eligible to redeem Free Shipping Voucher that value up to $15 with 500 points
    • Eligible to redeem Free Shipping Voucher that value up to $20 with 600 points
    • Priority customer service support
  1. The Birthday Rewards 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 or later in Member’s account page to receive this Reward).
  2. The Birthday Reward expires 30 days after the day of issueand
    • Eligibility for access to exclusive offers and competitions via email notifications from time to time

 

REDEMPTION OF REWARDS

  1. To redeem a Rewards online at cupshe.com, a Member must ensure they are logged into their Member Account when transacting.
  2. Rewards can only be redeemed in the currency of United State Dollar.
  3. When redeeming any applicable Reward, the Reward will be apply proportionally across each item purchased, based on the percentage of each item’s represents of your total purchase. This means that a redeemed Reward will not be split equally across all items purchased.
  4. Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated.
  5. Rewards cannot be redeemed as payment for any part of a lay-by purchase.
  6. 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. Cupshereserves 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.
  7. Only Rewards earned from one membership can be redeemed per transaction.
  8. Cupshe reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.
  9. Returns: If a Member returns a purchase for reasons other than that the goods are faulty or incorrectly described (in which case the provisions of (a) to (d) below do not apply) and otherwise in accordance with any policies concerning deliveries and returns for Cupshe:
    • any Reward redeemed or utilizedduring the purchase will be forfeited;
    • any Reward redeemed or utilizedduring the original purchase can be honored for an exchange if the exchange takes place on the day as the return, otherwise it will be forfeited;
    • any Reward that was earned from the original purchase and is still active will be reversed; and
    • 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 deductedfrom their 12 Month Spend Balance. This may result in the Member having a negative 12 Month Spend Balance.

    APPLICABLE LAW

    1. These Member Terms and Conditions are to be construed and enforced in accordance with the laws of British Columbia , Canada. Any dispute in connection with The Sunchasers Club Membership Program is exclusively subject to the jurisdiction of the court of British Columbia, Canada. The Member waives any rights to:
      • object to the venue of any proceedings; or
      • claim that the proceedings have been brought in an inconvenient forum or that the courts of another place are a more convenient forum,

    if the proceedings have been brought in a court referred to in this clause 64.