Hotel Pink (also referred to as frank body’s Loyalty Program) is a customer rewards program (“Program”) managed and conducted by Frank Body (ACN 162 939 120) (“Frank Body” “we” or “our”) for the benefit of its customers (“Customer” or “you”). Opting in to the Program is automatic upon: the creation of a Client file by providing personal information for the Frank Body database (“Client file”) online via the program sign-up box on frankbody.com.
PARTICIPATION AND MEMBERSHIP
Participation in the Program is only open to all frank body customers that have access to our online stores. 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 on you 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 HOTEL PINK POINTS
Purchases on our online stores will be converted into points provided you use the email address associated with your Hotel Pink account. Hotel Pink excludes returns, refunds, delivery charges, and the purchase of gift cards. Hotel Pink spend includes local taxes.
Your Hotel Pink spend will be calculated and accumulated over a rolling 12 month period and your point balance is accessible in real time. Frank Body reserves the right to change points balances if it believes someone is unfairly accumulating points not within the rules set out in this document. Program Spend will not be calculated more than once.
Points earned as part of this loyalty program are not redeemable as cash or monetary value.
HOTEL PINK LEVEL:
As part of the Program, you will unlock Hotel Pink levels by purchasing goods on our online store and/or performing certain ‘point-earning’ behaviours:
Lobby – To check-in you need 0-99,000 pink points.
Pool Deck – To check in you need 100,000 – 299,999 points and successfully refer one new person (for purchase).
Junior Suite – to check in you need 300,000 – 499,999 points and successfully refer an additional three new customers.
Penthouse – to check in you need 500,000 + points and successfully refer an additional five new customers.
For definition of a successful referral, please refer to the ‘Referral’ section of the Ts&Cs document
Once you unlock a Hotel Pink level, you will hold this level for 12 months. To stay on this level before the 12 month expiry, you need to successfully refer one additional new customer for The Pool Deck and The Junior Suite and two additional new customers for The Penthouse.
Any transactions that occur in one of Frank Body’s partner retail stores will not count to the Hotel Pink Loyalty Program. Orders placed online can take up to 36 hours to reflect in a customer’s Hotel Pink Dashboard.
To the extent that a Hotel Pink Level 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 on the part of Frank Body, we may adjust your Hotel Pink level to the extent necessary to address the breach or error (as the context permits).When a Customer obtains a refund or reimbursement for goods purchased from Frank Body, an adjustment is also made to the Hotel Pink account in the amount of the reimbursement granted.
These terms and conditions apply to the referral component of the Hotel Pink program of Frank Body. By referring a friend, the referring customer agrees to be bound by these terms and conditions. This program is administered by NextBee, Inc. (“NextBee”)The use of the Program is governed by NextBee’s terms and conditions in addition to the terms and conditions set forth below:
A Referral is defined as a purchase made by a customer (the ‘referred customer’) through exclusively using another customer’s (the ‘referring customer’) unique referral discount code. If a referred customer does not use/redeem this unique discount code to make a purchase, this purchase will not count as a Referral. For every unique purchase made by a customer because of a referral, the referring customer will get the returned discount amount as part of the program. Referrals are subject to verification, they must be a new customer to Frank and have not purchased in the last six months. Frank Body may withhold the offer for a referral where it deems a customer has referred a customer under fraudulent or suspicious circumstances and/or are in violation of these Terms and conditions.
TRANSFERS AND CLIENT FILES
Any transactions by another customer at online cannot be transferred to a different customer for someone else to obtain Hotel Pink points.
There can be only one customer for each Hotel Pink membership. Transactions from multiple Customer files cannot be joined into one Hotel Pink spend amount. It is your responsibility to ensure that Frank Body has only one Client file for you. If you suspect that you have more than one Client file, please contact our customer support team.
Any Hotel Pink points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Hotel Pink points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent
Any rewards, gifts, benefits or offers communicated as part of the Hotel Pink Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only Hotel Pink 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 Hotel Pink gifts, benefits or offers are subject to availability. Frank Body is not liable for any rewards, gifts, benefits or offers not being available for any reason.
If you have opted-out of receiving our Hotel Pink communications you will not eligible to receive any rewards or perks of the program.
Frank Body reserves the right to change or withdraw the Hotel Pink rewards and giveaways and these terms at any time without notice.
Content will be supplied to you via your email entered at the time of sign up. You must opt-in to receive emails from frank body and Hotel Pink to receive any email regarding Hotel Pink (this includes sale and promotional emails). If you are not receiving Hotel Pink emails, please contact us at firstname.lastname@example.org.
Double points are only awarded to customers who are a part of frank body’s loyalty program and who purchase products through our online store during the promotion hours stated. Double Points nights are scheduled at random throughout the calendar year.
Flash sales are only available to customers who are part of the frank body loyalty program and who are part of the ‘The Junior suite” tier or above. During these promotion periods, customers will be supplied with 1x unique discount code (discount amount will be defined at the time of the promotion), valid for their next purchase. Limit of 1 unique discount code per customer, valid for only 1x order. The discount code can only be used during the times stipulated by the T’s & C’s of the flash sales at the time and cannot be used with any other offer. Flash sales are scheduled at random throughout the calendar year.
Each major prize pool will have its own set of terms and conditions. Competitions are scheduled at random throughout the calendar year.
Only customers who are in the penthouse will be eligible to receive free product. Customers are not guaranteed to receive any free products or free testers at anytime in regards to this perk. Customers in the free product program will be contacted via email at random and this group changes randomly with each product launch. The product development program customers will be emailed at the email address listed in their Hotel Pink account and have 7 days to respond if they wish to be part of this program. Customers who don’t respond within these 7 days will not be eligible for the program. Frank body reserves the right to select the product sent to customers and the customers who receive these products. Frank body reserve the right to halt this program at any time.
CHANGE OF DETAILS
You should advise Frank Body of any change of name or email address by via your Hotel Pink account. Frank Body is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Hotel Pink communications and rewards, gifts or benefits or the loss or downgrade of a Hotel Pink. Changes to your details can be made via your Hotel Pink account.
SUSPENSION AND/OR TERMINATION
Frank Body may immediately suspend or terminate your participation in the Hotel Pink 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 Frank Body, the Hotel Pink Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of Frank Body; (d) have supplied or are attempting to supply false or misleading information to Frank Body; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Frank Body 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 Frank Body staff or any other Customers online; or (g) become bankrupt.
Where your right to participate in the Hotel Pink Program is suspended or terminated, any benefits, rewards and rights and Hotel Pink status you may have at that time under the Hotel Pink Program shall thereby suspend or terminate (as the case may be).
The Customer’s participation in the Hotel Pink Program may be terminated by either Frank Body or the Customer by providing the other party with at least 30 days written notice.
WARRANTIES AND LIABILITY
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, the Hotel Pink 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, Frank Body’s’ sole liability for breach of any such condition, warranty or other obligation is limited to:
- in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
- in the case of any claim relating to points, to crediting that number of points to the Customer’s account; or
- in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Hotel Pink Program account.
To the extent permitted by law, Frank Body will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for:
- any personal injury or death to the Customer or any third person;
- indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
- the loss, theft or destruction of a Hotel Pink reward, gift, offer or benefit; or
- any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift, benefit or Hotel Pink, arising out of, relating to or connected to the provision or use of the Hotel Pink Program, any reward, gift, offer or benefit or any goods or services supplied by Frank Body.
Frank Body shall not be liable to the Customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.
Frank Body expressly reserves the right to change the Hotel Pink program elements (including, but not limited to, the Hotel Pink levels, expiry dates or the way in which Hotel Pink rewards, gifts, benefits or offers are earned and redeemed) or cease running Hotel Pink at any time (without any liability to the Customer or any third party). Frank Body will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in the Hotel Pink Program by providing Frank Body with at least 30 days’ written notice after the date you received written notice of the changes or the changes were posted on our website or other social media channels.
A notice or communication shall be deemed to be given by Frank Body to you if it is sent to your email address listed in your Client file or by otherwise posting it on our website or other social media channels.
Please visit our website for the latest version of these Terms and Conditions.
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Hotel Pink Program, your participation in the Hotel Pink Program, Hotel Pink rewards offered or any other transaction within, or arising out of, the Hotel Pink Program.
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 Hotel Pink Program, is governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for your Client file 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 Hotel Pink Program, you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.