Loyalty Program - Terms and Conditions
Last Updated: 01/29/2024
The Thermomix Loyalty Program (“Loyalty Program”) is offered by Vorwerk Canada, Ltd (referenced herein as “Vorwerk” or “we” or “our”). This Program Agreement ("Agreement") is between you and Vorwerk and describes the terms and conditions that apply to your access and participation in the Program through www.thermomix.ca. By participating in the Program and/or redeeming Program Benefits, you accept these Loyalty Program Terms and Conditions (and any subsequent modifications), in addition to our Terms of Use (collectively, the “Terms”).
BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO, AND PART OF THIS AGREEMENT.
All Loyalty Program benefits, offers, rewards, and services are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, we may at any time amend, modify, supplement, or terminate the Loyalty Program, these Terms and Conditions, or the structure for earning Points / Rewards, even though such changes may affect the value of rewards, or the ability to obtain certain rewards. If notice of such action is required by law, it will be provided in accordance with such laws. If the Loyalty Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. In all matters relating to the administration of the Loyalty Program, the decisions of Vorwerk will be final. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control.
We reserve the right to cancel or suspend your participation in the Loyalty Program in the event of fraud, abuse of rewards privileges, violation of these Terms or any applicable laws, or at our discretion. Any Points or Rewards in your account will become void at the time of cancellation. We may revoke some or all of your Points or Rewards if we determine that you received Points or Rewards due to an error, through fraud or deception, or in any manner not authorized.
Members are responsible for reading, understanding, and remaining knowledgeable of the Terms, any Loyalty Program changes, account statements, available benefits, Points and Rewards, our Privacy Policy, and other communications from Vorwerk in order to understand your rights, responsibilities, and status in the Loyalty Program. If you have any questions about the Loyalty Program or these Terms, you should contact Customer Service at service@thermomix.ca or 1-855-867-9904.
Members are responsible for any tax liability related to participation in the Loyalty Program.
MEMBERSHIP
To become a Member and participate in the Loyalty Program, you must enroll by either creating an account directly on our site at www.thermomix.ca/ or by opting-in to the creation of an account when checking-in for a Cooking Experience, if an account has not already been created (“Account”).
We reserve the right in our sole discretion to decline eligibility to any person or to terminate any person’s participation in the Loyalty Program. Members must provide true, accurate and complete information as required, and must keep account information up to date at all times. A Member may not create an account using another person’s name or information, including email address and/or phone number. Members are solely responsible for the activity that occurs on their account and for keeping their account password secure. Members may never use another person’s account or registration information for the Loyalty Program without permission of the account’s holder. Members should never publish, distribute or post login information for their account.
OVERVIEW AND ELIGIBILITY
Loyalty Program begins on August 25, 2023 and will continue until terminated, suspended, and/or converted to another program by Vorwerk, as determined by Vorwerk in our sole discretion.
Membership in the Loyalty Program (“Membership”) entitles members (“Members”) to take advantage of certain rewards, products, or other benefits (collectively known as “Program Benefits”) on www.thermomix.ca. You can find out about available Program Benefits and offers by visiting our Loyalty Program page
The Loyalty Program is for individuals for their personal use only and is limited to one account per individual. To be eligible to participate, an individual must: (i) be a legal resident of Canada; (ii) be at least 18 years old or the age of majority in their place of legal residence, whichever is older; (iii) provide valid and accurate personal information when enrolling; and (iv) be able to form legally binding contracts. Corporations, associations or other groups may not participate in the Loyalty Program. We do not allow any individual or company, association, or group to use a single account for the purpose of accumulating Program Benefits for combined use.
Note: Vorwerk employees are not eligible to join this Loyalty Program.
At the end of every Membership Year, your Membership will be reset based on your respective current point level. Unless you have the minimum number of Points to qualify for your current Tier, you will be moved to the appropriate Tier corresponding to your total Points.
Note: Thermomix Independent Consultants may not be eligible for all Program Benefits.
EARNING POINTS
In order to earn and redeem Program Benefits, you must first create a Thermomix online store account on our Site. Members must earn Points by taking certain Loyalty Program actions, as stated by Vorwerk, while they are logged in and using the Account registered for the Loyalty Program. Opportunities to earn Points will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). With respect to hosting a Cooking Demo or a Welcome Service, all guests must be Canadian residents with a Canadian telephone number for the host to earn the designated Points. Further, except as otherwise determined by Vorwerk, in our sole discretion, we do not issue or award retroactive Points for any reason (e.g., if you forget to create an account, if you forget to log in to your account, or fail to take an action to begin earning Points, etc.).
You can see your current Points balance on your Shopify Account. It may take up to forty-eight (48) hours or more for the Point(s) to show in your Account. We reserve the right to update, modify, or revoke any of the methods of earning Points as described above, at any time, in our sole discretion, and without advance notice to you (except as required by applicable law). We may verify and adjust Member’s Points balance based on our records. Member’s Points will be deemed correct unless otherwise challenged with evidence that, in our reasonable sole discretion, demonstrates a discrepancy that warrants correction. We will not be liable for discrepancies, omissions, inconsistencies, or errors in Member accounts or Member collection and/or redemption of any Points or Program Benefits, which are not caused by Vorwerk.
REDEEMING POINTS FOR REWARDS
As part of the Program Benefits of being a Member, Points may be redeemed for Rewards made available by Vorwerk on the Site (“Rewards”). To redeem Points, however, you must first create a Thermomix online store account.
Members are eligible to redeem Points for a Reward if the Member has enough Points in their Account for that specific Reward. The specific Rewards that are available to you at any given time will be as described on Thermomix.ca/pages/thermomix-loyalty-program. These Rewards may include, for example, options such as dollar-value discounts on your Order. Rewards may not be applied to certain types of purchases, such as gift cards and Thermomix® units, or as otherwise determined by Vorwerk. Customers should check the Site for other available Program Benefits, Rewards, and any additional terms and conditions on the Program Benefits.
To redeem your Points for a Reward on your upcoming Order, you may choose the Reward you wish to apply to your upcoming Order. You must be signed into your Shopify account before placing the Order for your Rewards to be available at checkout. Once applied, your Points balance will be reduced by the cost of the Reward selected. You may only apply a maximum of one (1) Reward to each Order, and you may not redeem multiple Rewards on a single Order regardless of your Points balance or the Rewards availability shown. If you choose to return an item where you redeemed a Reward, you will be refunded for the price paid after applying the Reward, and any Points used will be returned to your account.
Please note that the Program Benefits and Rewards that are available to you may vary from time to time based on availability. We make no promise of the continued availability of any Program Benefit or Reward, even if it is displayed to you on the Site. Program Benefits and Rewards are available until supplies last, and we may modify, change, or discontinue the Points required for any tier or the Program Benefits offered to you at any time without notice in our sole discretion. Shipping and handling fees and/or taxes may apply to any purchases made through the Loyalty Program. All purchases made through the Loyalty Program are subject to our Terms of Use, which are included herein.
POINTS EXPIRATION
Unless otherwise noted, Points will automatically expire in any of the following scenarios:
- If a Member is “inactive” for twelve (12) months, all Points will expire and be automatically forfeited without compensation. A Member is “inactive” if they have not performed one or more of the following actions within a period of twelve (12) months:
- Earn Points (except Points earned as part of a birthday or anniversary campaign);
- Redeem a Reward;
- Create an account.
- If a Member’s Account is canceled by you or by Vorwerk for any reason, including if you request that we delete your personal information, your full Points balance will expire and be automatically forfeited without compensation.
MEMBERSHIP CANCELLATION
A Member Account may be cancelled, as follows:
- Member Initiated. Members may cancel their Membership any time by emailing service@thermomix.ca requesting that their account be cancelled. If a Member cancels their participation in the Loyalty Program, that Member will no longer earn Points and the Member will forfeit their unused and unexpired Points without compensation.
- Vorwerk Initiated. Without notice to you, we reserve the right to suspend or terminate your account and/or your participation in the Loyalty Program if We, in our sole reasonable discretion, determine that you have violated these Terms or that any use of your Account is unauthorized, deceptive, fraudulent, unlawful, or otherwise appears to be in a manner inconsistent with these Terms or the purposes of the Loyalty Program. In the event that your Account and/or your participation in the Loyalty Program is terminated, all accrued Points / Rewards in your Account will be immediately void and forfeited without compensation. Our failure to insist upon or enforce each Member’s strict compliance with these Terms will not constitute a waiver of any of its rights. Any decision we make relating to termination or suspension of any member’s participation in the Loyalty Program in accordance with these Terms shall be final and binding in all respects.
OTHER IMPORTANT DETAILS ABOUT THE PROGRAM
There are no participation or membership fees associated with the Loyalty Program. Points accrued in connection with the Loyalty Program are promotional and do not constitute property, do not entitle Members to a vested right or interest, and have no cash value. As such, Points are not redeemable for cash and may be taxable, depending on the value of the item and the federal, state, and local tax laws. Points may not be transferred, auctioned, or assigned to, or shared with, any other person, including family, friends, or others, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. The Loyalty Program is subject to all applicable laws, rules, and regulations.
Points may not be used by Members for any commercial purpose. The sale of Points (whether directly or indirectly) is strictly prohibited, and any person identified or suspected by Vorwerk of attempting to sell Points may have their account terminated and all Points forfeited without compensation.
Points may only be earned and redeemed in Canada. Points will not be transferred to other countries. This applies regardless of the currency being used in such country(ies).
We reserve the right to remove Points from your Account if we determine that such Points were improperly credited to your account or were obtained fraudulently. A Member’s redemption of Points accrued in connection with the Loyalty Program cannot be combined with any other offers or discounts unless otherwise expressly authorized in writing by Vorwerk.
RELEASE
By participating in the Loyalty Program, you agree to release Vorwerk, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective attorneys, accountants, directors, officers, employees, and agents (collectively, “Released Parties”) from any and all claims and liability for any loss, harm, damages, cost or expense (collectively, “Claims”), including, without limitation, intellectual property infringement, property damages, personal injury and/or death, arising out of or in any way connected to the Loyalty Program, Program Benefits, or any products or services purchased or access therefrom. You agree to indemnify, defend and hold Released Parties from and against any and all third-party Claims arising from, or related to any breach by you of any of these Terms or any violation by you of applicable law.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. VORWERK DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. VORWERK DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Loyalty Program or Program Benefits, or any products or services purchased or access therefrom shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Loyalty Program, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN VORWERK’S TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.
POINTS DISPUTES
If a Member believes that Points should have been earned and that they have not timely posted to the Member’s Account, a Member may dispute their Points balance (“Points Dispute”) by emailing service@thermomix.ca. We will use reasonable efforts to investigate all Points Disputes if a Member notifies us within sixty (60) days of the posting date or date in which the Points may have been earned. If Members do not notify us within that period, the Member waives their right to make a Points Dispute with respect to that purchase. We may require a Member to provide written confirmation of the Points Dispute and we may decline to investigate further if a Member does not provide the requested confirmation/documentation as determined by Vorwerk in our sole discretion.
ENTIRE AGREEMENT; SEVERABILITY; CONFLICTS; NO WAIVER
These Terms contain the entire agreement between each Member and Vorwerk regarding the Loyalty Program and supersede any previous terms and conditions governing the Program we may have provided to each Member. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by Vorwerk must be in a writing executed by someone with authority to bind us.
CUSTOMER SERVICE
For information about the Loyalty Program and your membership, email service@thermomix.ca.