TERMS & CONDITIONS
Immerse Yourself Rewards Program
You must read these Terms and Conditions carefully before you apply for Immerse Yourself Rewards Program.
These Terms and Conditions contain important information including limitations of liability. If you do not understand these Terms and Conditions or if you have any questions please contact your preferred ICS clinic.
This document is known as the Immerse Yourself Rewards Program Terms and Conditions.
This document sets out the Terms and Conditions of the Immerse Yourself Reward Program provided by ICS. These Terms and Conditions are intended to protect you and ICS.
These Terms and Conditions will be accepted by you and will be binding upon registration for the Immerse Yourself Rewards Program. If you do not agree to be bound by these Terms and Conditions you have the option to not participate in the Immerse Yourself Rewards Program.
“ICS” means Immersion Clinical Spa
• ICS Melbourne of Ground Floor, 55 Exhibition St, Melbourne VIC 3000
• ICS Moonee Ponds of Suite 5, 767 Mt Alexander Rd, Moonee Ponds VIC 3039
• ICS Williamstown of Shop 5, 73 Douglas Pde, Williamstown VIC 3016
• ICS Windsor of 139 High St, Prahran VIC 3181
• ICS Sydney CBD of 37 Bay St, Broadway NSW 2007
• ICS Penrith of 1/344 High St, Penrith NSW 2750
• ICS Maroochydore of 49 The Esplanade, Maroochydore QLD 4558
• ICS Ascot of Lv1, 121 Racecourse Rd, Ascot QLD 4007
• ICS Kenmore of Suite 9, 2081 Moggill Road, Kenmore QLD 4069
“Eligible Goods & Services” means:
• any purchase of Injectable Treatments at a ICS clinic
• any purchase of Laser Treatments at a ICS clinic
• any purchase of Coolsculpting Treatments at a ICS clinic
• any purchase of Dermal Treatments at a ICS clinic
• any purchase of Skincare products at a ICS clinic
• any purchase of eligible goods or services from Affiliates.
• other purchase types which ICS notifies you of from time to time
“Purchase” means consideration received for the provision of eligible goods or services by ICS.
“Payment” means receipt of Australian Dollars. Payment method considered received immediately are:
• via EFTPOS
• via Cash
• via Domestic Credit card (Visa, MasterCard & American Express)
Payments made by the following means will not be considered received immediately until:
• confirmation is received of successful payment:
• via Cheque
• via EFT (Electronic Funds Transfers)
• via International Credit card
• via Prepaid Credit card
“Member” means a member of the Immerse Yourself Rewards Program
“Standard Reward Points” means 1 Reward Points for each Dollar spent. 20 Reward Points equate to $1.00 AUD or as varied from time to time in accordance with clause 5.
“Reward Point” means the standard reward points earned by you in accordance with these Terms and Conditions.
“Reward Credit” means the calculated dollar value that is issued to you. This value can be used as a payment on eligible purchases.
“Immerse Yourself” Rewards Program Account” means the program account held by ICS in a members name. If you are a Member, the Immerse Yourself Program Account details the number of Reward Points and Rewards Discount that have been allocated to you in accordance with these Terms and Conditions.
“Dollar” or “$” means Australian dollars
“Promotional Reward Points” means extra Reward Points for each Dollar Spent as a result of other promotional or incentive programs offered from time to time.
“Terms and Conditions” means these Terms and Conditions, as amended from time to time.
“You” or “Your” is a reference to the individual in whose name the Immerse Yourself Rewards Account is held.
“Benefit” means the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time
3. Changes to Immerse Yourself Reward Program
3.1 Subject to clause 3.2, ICS reserves the right to make any changes (whether material or otherwise) to Immerse Yourself Terms and Conditions including changes to:
• the ways in which Points are earned and redeemed;
• earning and redeeming rates; the conversion of points to credits/dollars.
• the expiry of accrued points;
• changes to any ICS products and services.
3.2 ICS will use its best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit Benefits:
• where the Benefit is provided by ICS, to give Members at least 3 months’ notice;
• where the Benefit is provided by an affiliate, where possible give Members at least 30 days’ notice;
3.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if ICS notifies Members of the change by providing notice at the email address provided to ICS by the Member or, if no valid email address is held by ICS, by posting details of the changes on www.icspa.com.au
3.4 Except as otherwise stated in applicable conditions, if a Reward ceases to be available after it has been booked by a Member, ICS will (at the Member’s option) either refund the Points redeemed by the Member to obtain the Reward or provide an alternative Award of similar value.
4. Termination or Suspension of Immerse Yourself Reward Program
4.1 ICS gives no warranty as to the continuing availability of the Immerse Yourself Rewards Program. ICS may terminate or suspend the Immerse Yourself Rewards Program at any time. ICS will give at least six months’ notice to Members of such termination or suspension, except if ICS ceases to operate a business in which case the Immerse Yourself Rewards Program will cease immediately.
4.2 If ICS terminates or suspends the Immerse Yourself Rewards Program, Members will be able to redeem Points during the notice period in accordance with these Terms and Conditions, except where ICS is ceasing to operate a business and/or has gone into liquidation or other form of administration, in which case ICS may terminate or cancel any Credits or Benefits immediately without notice.
5.1 Membership in the Immerse Yourself Rewards Program is open only to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.
5.2 Persons wishing to become a member of the Immerse Yourself Rewards Program must apply for Membership which can be performed in any ICS clinic or ICS Skin Store. Membership is offered at the discretion of ICS. ICS has the right to accept or reject any application for Membership.
5.3 These Terms and Conditions will be accepted by you and will be binding upon acceptance into the Immerse Yourself Rewards Program. If you do not agree to be bound by these Terms and Conditions you must cancel your membership.
5.4 Rewards Points will not be awarded until these Terms and Conditions have become binding on you.
5.5 By registering & participating in the Immerse Yourself Rewards Program you agree to the collection, use and disclosure of your personal information in accordance with the ICS Privacy Notice, as amended from time to time.
5.6 ICS has the sole right to accept or reject any requests for credits of prior eligible purchases at ICS.
5.7 Each Member must advise ICS of any change of name, address, or other details as soon as practicable after the change. Changes to other details may be made directly any ICS clinic. Written proof must be supplied for any change of name, and may be required for other changes. ICS is not responsible for any failure by a Member to notify ICS of any changes in accordance with this clause, or for any incorrect changes notified to ICS.
5.8 Members may, at any time, cancel their Membership by providing written notice to ICS. Due to administrative constraints, upon receipt of a written notice under clause 5.8, ICS will cancel the relevant Membership and all accumulated Points in that Member’s account will immediately expire. Accordingly, ICS recommends that Members carefully plan all cancellations to avoid unintentional loss of accumulated Points.
6. Member obligations and responsibilities
6.1 Members must not:
• act in any way which breaches these Terms and Conditions
• abuse or misuse Immerse Yourself Rewards Program, services or arrangements accorded to the Member as a result of Membership including by:
engaging in illegal or fraudulent activities.
supplying or attempting to supply false or misleading information, or making a misrepresentation to ICS.
selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Points or Discount other than in accordance with these Terms and Conditions.
acting in a hostile, abusive or aggressive way towards ICS staff.
acting in an unruly manner in any ICS clinic.
6.2 Each Member is responsible for ensuring that they have sufficient Discount to redeem for eligible purchase that they request.
6.3 Each Member is responsible for regularly checking their Membership account and must:
• notify ICS of any omissions, incorrect entries or other discrepancies within six months of the applicable purchase.
• notify ICS or the applicable affiliate of any omissions, incorrect entries or other discrepancies within six months of any other transaction.
6.4 Reward Points and your rights under these Terms and Conditions cannot be sold, transferred or assigned to another individual.
7. Suspension or Termination of Membership
7.1 If a Member has committed a material breach of any of the Terms and Conditions whether intentionally or otherwise, then ICS may do any one or more of the following:
• suspend or terminate the Member’s Membership.
• reverse or cancel the Member’s Points or any part thereof.
• cancel or refuse to honour any Discounts, Benefits or both, that have been redeemed by or provided to the Member.
7.2 If ICS intends to take action under clause 7.2, it will notify the Member of its intention and the reason for that action. The Member will then have 21 days to respond to this notice by rectifying the breach (where possible) and providing any reason why ICS should not take action (provided that ICS may suspend the Member’s account until any review is completed). ICS will review the response and advise the Member of its position.
7.3 Membership will terminate automatically on the death of a Member. Points earned but not yet redeemed prior to the death of the Member will be cancelled. ICS will close the Member’s account on notification of the Member’s death. ICS will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.
8. Membership Activity
8.1 Members will be sent an email once a month to advise of the balance & transactions related to your Immerse Yourself Rewards Account.
8.2 ICS from time to time send members an account update detailing their membership activity
8.3 Members may request statements in hard copy form from ICS. A Request Fee may be charged when a Member requests an activity statement to be sent in paper form.
9. Earning Reward Points
9.1 You may earn Standard Reward Points on each Eligible Purchase except when indicated and Promotional Reward Points as a result of promotional or incentive programs offered by ICS from time to time.
9.2 Reward Points accrue after each Eligible Purchase and are issued to your Immerse Yourself Rewards Program account.
9.3 Reward Points are not property cannot be redeemed for cash.
9.4 ICS will deduct from your Immerse Yourself Rewards Program account any Reward Points that have been credited to your Immerse Yourself Rewards Program Account in error and any Reward Points that relate to an Eligible Transaction which has been cancelled, reversed, or relates to a refund given.
9.5 Reward Points may be deducted if ICS reasonably believes that the Reward Points were earned:
• fraudulently, or ICS reasonably suspects they were earned fraudulently; or
• by reason of engaging in inappropriate conduct that undermines the legitimate interests of ICS.
9.6 Reward Points can only be earned by individual Members for their own personal purchases. Reward Points cannot be earned on commercial business purchases.
9.7 Transactions involving a discounted item may or may not attract standard reward points depending on the design made by the practitioner. If standard reward points are issued – points will be credited on the purchase amount less discount amount.
9.8 Maximum redeemable points in any one transaction (visit) is $250.00 (AUD)
10. Reward Points Validity
10.1 Except as otherwise provided in these Terms and Conditions, Points will not expire as long as the Member remains an Active Member.
10.2 All Points held in a Immerse Yourself Reward Program account of a non-Active Member will expire at midnight Brisbane, Australia time at the end of the 18th consecutive month for which the Member has not earned Points or redeemed Points. Within 60 days of the Points expiration date, ICS will notify Members of the number of Points that are about to expire and the expiration date.
10.3 Points cannot be re-credited once they have expired.
10.4 ICS reserves the right to reverse or cancel any Points or Credit credited to a Member incorrectly, or not in accordance with, or in breach of, the Terms and Conditions at any time
11. Redeeming Reward Points
11.1 Accrued Reward Points are converted into a Reward Credit. Available Reward Discounts are updated after reward points are accrued, cancelled or refunded.
11.2 There is no direct relationship between the amount spent and the converted discount.
11.3 The Rewards Credits can be used to either pay for in full or offset the payment required for any eligible purchases – within limit of 9.8.
11.4 Reward Credits are not property and cannot be converted to or exchanges for cash.
11.5 Reward Credits cannot be transferred.
11.6 ICS may make (or may arrange for affiliates to make) other Awards available for redemption through Immerse Yourself Rewards Program for a specified period. Details and any additional terms and conditions applicable to those other Awards will be provided by the applicable Award supplier.
12.1 ICS acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers, services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 12.2 is not intended to exclude or restrict the application of such laws.
12.2 Subject to clause 12.1, ICS and any of their employees are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions, including, without limitation, any changes to the Terms and Conditions, save to the extent that such loss or claim arises from the negligence or wilful misconduct of ICS, or any of their employees.
13.1 Governing Law: The Terms and Conditions and membership in Immerse Yourself Rewards Program are governed by and will be construed in accordance with the laws of the State of Queensland, Australia irrespective of where the application for Membership has been completed by the Member or submitted to ICS. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of Queensland.
13.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Trade Practices Act (1974) and under State and Territory consumer protection legislation.
13.3 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.