FULL TERMS AND CONDITIONS

Be Daring VIP Loyalty Rewards

1. In these Terms and Conditions:

1.1. “VIP Loyalty Rewards” means a membership card issued pursuant to this Program;

1.2. “Loyalty Credit” means the electronic credits applied to a Member’s Membership account by Be Daring which can be redeemed by the Member as payment for purchase with Be Daring in accordance with these Terms and Conditions;

1.3. “Member” means an individual whose application to take part in the Program is accepted.

1.4. “Membership” means membership in this Program.

1.5. “Program” means the ‘Be Daring VIP Loyalty Rewards Program’ operated pursuant to these Terms and Conditions by Be Daring.

1.6. “Be Daring” means The BeDaring Group Pty Ltd A.C.N. 057 141 036 of Shed 1, 5 Business Drv, Narangba Queensland, Australia, phone +61 7 3203 0977 and any other subsidiary or affiliated companies

1.7. “Website” means www.bedaring.com.au and www.bedaring.co.nz or such other website as notified by Be Daring from time to time.

1.8. Be Daring ‘Contact Point’ means Be Daring Head Office, Ph +61 7 3203 0977

Email: adminmanager@bedaring.com.au

2. By participating in the Be Daring VIP Loyalty Rewards Program, each Member accepts and agrees to be bound by these Terms and Conditions and any variations made from time to time to these Terms and Conditions by Be Daring.

3. Be Daring may change these Terms and Conditions at any time by publishing the amended terms on the Website or otherwise notifying the Member of the change. The amended Terms and Conditions are effective as soon as they are posted or otherwise notified to the Member. It is the Member’s responsibility to check the Website for changes from time to time and before making a purchase or participating in the program.

4. Notwithstanding any other provision in these Terms and Conditions, Be Daring may terminate, suspend, deactivate and/or archive a membership if the Member has not transacted with or used their Membership for any 24month period. Be Daring does not warrant that a member’s membership details will be kept and/or can be retrieved in the event that a membership is terminated, suspended, deactivated and/or archived pursuant to this clause. However, the Member may be eligible to reapply for a new membership, subject to the terms and conditions of membership at the applicable time.

5. Be Daring may suspend or cancel the program at any time it deems appropriate, in which case all rights of the Member under these Terms and conditions shall cease. Be Daring shall use its commercial endeavour to give the Member reasonable advance notice of suspension or cancellation by notification on the Website or by otherwise notifying the Member.

6. Be Daring may refuse any application at its absolute discretion.

7. A VIP Loyalty Rewards Card remain the property of Be Daring and must be returned on demand. A Member must notify Be Daring immediately if their card is stolen or lost

8. Be Daring will not be liable for any unauthorised use of a member’s membership benefits. The Member shall be responsible and liable for any use of their membership by anyone other than the Member. The Member will be responsible to contact Be Daring at the Be Daring Contact Point if they discover any unauthorised activity

9. A Member’s Membership can only be used by that Member and is not transferable. Continuation of a Member’s membership may require the presentation or supply of adequate personal identification as determined by Be Daring (at its sole discretion).

10. Be Daring shall determine the membership entitlements at its sole discretion which may include (without limitation) communication from Be Daring, information in relation to the Program, exclusive program member competitions, regular email updates including catalogue previews and special promotional offers at Be Daring stores and websites Notwithstanding the forgoing, nothing shall prevent Be Daring  (at its sole discretion) offering promotional offers to individuals who are not Members, changing the terms of the membership entitlements, adding membership entitlements, and removing any membership entitlements.

11. Be Daring offers ‘Receipt Free Warranty’ for purchases associated with a VIP Loyalty Rewards Membership. In situations a when a Member is unable to locate their receipt provided the Member is able to provide product details and approximate purchase date, the sale will be located on the Point of Sales (POS) database and the warranty (if current) will be honoured.

12. Loyalty Credits may be issued by Be Daring as follows:

12.1. Program membership is considered activated once the member’s profile has been fully completed in the Be Daring database

12.2. Loyalty Credits can be automatically issued at the sole discretion of Be Daring, if and when it chooses to at its sole discretion.

13. The redemption and/or use of the Loyalty Credits is subject to the following conditions:

13.1. The Member must alternatively either (a) present his/her/their VIP Loyalty Rewards Member Card for Be Daring at the point of purchase. OR (b) advise Be Daring of the members phone number and/or email address so the members details may be located in the Be Daring database OR (c) log into the Members account on a Be Daring website for each transaction to ensure Loyalty Credits can be issued by Be Daring. If one of these alternatives is not completed prior to the transaction being processed by Be Daring, then no Loyalty Credits will be issued to the Member for that transaction.

13.2. Any unused accrued Loyalty Credits will expire 90days following the date that a purchase was transacted. Once expired Loyalty Credit cannot be redeemed towards purchases.

13.3. The Member can review their Loyalty Credit balance at any time by alternatively either (a) logging into their account on a Be Daring website OR (b) requesting their balance from a Be Daring the Adult Shop team member in-store.

13.4. Loyalty Credits are not redeemable for cash or exchanged for any other type of credits offered by Be Daring.

13.6. Members seeking to return products purchased using Loyalty Credits must return the items to their closest Be Daring the Adult Shop store, OR to the Be Daring Head Office 5. 1-3 Business Dr, Narangba, Qld 4504.

13.7. A Member, purchasing at a Be Daring The Adult Shop retail store wishing to redeem any Loyalty Credits towards his/her/their purchase shall be required to ask a Be Daring the Adult Shop team member at the point of purchase to redeem existing Loyalty Credits on that particular transaction. Be Daring the Adult Shop will not automatically redeem the Loyalty Credits in the Member’s account towards any purchase without the Member’s request.

13.8. Products may  be purchased outright using only Loyalty Credits (if the Member has sufficient Loyalty Credits balance in the Member’s account), however should a Member want to return an item(s) (in accordance with Be Daring’s returns policy) any Product purchased wholly via the redemption of Loyalty Credits, and seek a refund, then the refund shall be by way of returning the equivalent Loyalty Credits to the Member’s account  No cash will be refunded by Be Daring.

13.9. If a product is being returned after a purchase which was paid by a combination of cash and Loyalty Credits, then the Member will receive the refund in the same combination and proportion with the points portion of the payment returned to the member’s account as a credit. For Example, If a Member bought lingerie using $25 cash and $25 Loyalty Credits. The refund would be issued as $25 cash and $25 Loyalty Credits refunded to the Members account.

14. The Member hereby irrevocably holds harmless Be Daring, its related bodies corporate, employees, directors, suppliers and agencies from all claims, suits, demands, actions, proceedings which the Member has or in the future may have against Be Daring, its related bodies corporate, employees, directors, suppliers and agencies, and shall indemnify and release Be Daring, its related bodies corporate, employees, suppliers, directors, related companies and agencies from all and any claims for damages or otherwise in the terms of, and arising out of this Program to the full extent permitted by law. The term “related bodies corporate” has the meaning given to the term “related company” by the Corporations Act 2001 (Cth).

15. To the extent permitted by law, Be Daring will not be liable for any delays, disruptions, omissions or errors in the operation of the Program including technical or mechanical malfunctions, and will not be liable for any loss caused by any such delays, disruptions, omissions or errors.

16. The Member acknowledges and agrees that all decisions pertaining to this Program rests solely with Be Daring and its decision is final.

17. Without in any way limiting the operation of, and in accordance with clause 14, Be Daring in its sole discretion can at all times:

17.1. change, amend or vary these Terms and Conditions;

17.2. change, amend, vary, withdraw or cancel any promotional offer offered to Members; and

17.3. Exclude a Member from, or cancel a Member’s Membership in, the Program, without prior notice and without prior notice to a Member.

18. Be Daring gives no warranty as to the continuing availability of the Program. Be Daring may, in its absolute discretion, at any time cancel the Program in whole (or in part) upon reasonable notice of not less than 1 week.

19. Without limiting clauses 17 and 18 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if Be Daring notifies the Member of the change by any method including, but not limited to the use of email and or posting details of the changes on the Website.

20. Without in any way limiting the rights of Be Daring as set out in clauses 17 and 18, if a Member is in breach of these Terms and Conditions, at any time, then Be Daring may cancel the Member’s Membership with the Program and any Member whose Membership is cancelled may no longer access Member promotional offers, the Loyalty Credits, or any other related benefits.

21. To the extent permitted by law, Be Daring, its related bodies corporate, employees, directors, suppliers and agencies is not liable for any loss or damage suffered by Members resulting from such withdrawals, cancellations, variations or change as set out in clauses 15, 16, 17, 18, 19 and generally arising from the Program.

22. Privacy: Be Daring, and/or its agents on its behalf, collects the Member’s personal information in order to operate the Program. If this information is not provided, then the Member may not participate in the Program. By making an application, unless otherwise advised, the Member consents and authorises Be Daring t to use this personal information for the purpose of conducting the Program. In addition, this personal information and any other information that is obtained via the Program may be used by Be Daring, for future marketing, promotional, research, product development and planning purposes in any form of media (including without limitation to communications made via ‘electronic messages’ as defined in the Unsolicited Electronic Messages Act 2007). A request by the Member to access, update or correct any information should be directed to team member at either a Be Daring the Adult Shop Retail Outlet OR by email to adminmanager@bedaring.com.au