BIOSSANCE CLEAN CREW PROGRAM TERMS & CONDITIONS
Welcome to the Biossance Clean Crew Program! Your participation in the Biossance Clean Crew Program (“Program”) is subject to the following. PLEASE READ THESE BIOSSANCE CLEAN CREW PROGRAM TERMS & CONDITIONS (“TERMS”) CAREFULLY TO PARTICIPATE IN THE PROGRAM.
1. ELIGIBILITY AND PROGRAM ENROLLMENT
(a) Membership & Eligibility
This free Program is offered by Amyris Clean Beauty, Inc. (“Biossance”, “our”, “us” or “we”) to customers of the Biossance® online store at biossance.com (“Store”) who have signed in to have an account at the Store. To have an online account at the Store and participate in the Program you must be a resident of the United States or other countries where Biossance ships products (as specified in the “Are you shipping to my country” FAQ available here) and meet the requirements described in the Biossance Terms of Service.
The Program is available to Biossance account holders for their personal use only and is limited to one account using a single email address per individual. In the event of a dispute over the identity of a Biossance account holder, the Biossance account holder will be deemed to be the authorized account holder of the email address submitted for purposes of opening the Biossance account. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Program may not be used for any business or commercial purpose.
You should review these Terms and the related policies and FAQs to understand the terms and conditions that apply to the Program as they may change from time to time at Biossance sole discretion.
You will have the option to access certain Program benefits and rewards by providing us with your birthday, and mailing address, but providing such information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Store.
2. CLEAN CREW PROGRAM TIERS; HOW TO EARN AND REDEEM POINTS
(a) Benefits; Spend Per Year
The Program features two tiers: Insider and VIP (each, a “Tier””). Each Tier offers different benefits, which may be modified by Biossance in its sole discretion from time to time (“Benefits”). The type, amount, timing and availability of such Benefits will be defined by Biossance in its sole discretion. Tiers are achieved based on qualifying Store Merchandise purchases within a single year (“Spend Per Year”).
Your Spend Per Year will be calculated commencing on the later of the launch of the Program or the date when you become a Biossance account holder. Your Spend Per Year will then reset to zero on the first anniversary if you do not make any subsequent qualifying purchase during that year, or will reset to zero on each anniversary of your last qualifying purchase.
While your spending resets each year after your last qualifying purchase, your Tier status is determined by the amount you spent on qualifying purchases in the prior calendar year of membership. Your status in a particular Tier is good for the calendar year in which you qualify for that Tier and the following full calendar year (January 1 to December 31) (minimum of 12 months, maximum of 24 months), unless you make subsequent qualifying purchases that qualify for the next Tier. For example, if you spend $150 in the Store on March 2021, you will be in the Insider Tier for the remaining part of calendar year 2021 and for the entire calendar year 2022, unless you make subsequent purchases during that period of time that qualify for the next Tier. After that, you will need to spend enough on qualified purchases to qualify for that Tier each year. If you do not qualify again for VIP Tier, you will return to the Insider Tier.
Biossance may, in its sole discretion, limit or modify the Tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular Tier or may terminate or add Tiers at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law. Biossance may at its sole discretion offer promotions or other opportunities from time to time to members of one or more Tiers to allow such members to earn more points or to maximize the benefits of redeeming points by meeting other Biossance requirements (for example, participating in “Bonus Points Events” or other exclusive events). Not all offers are available to all members in each Tier. Biossance will post information in the Store or through other media (e.g., marketing communications, email, social media, etc.).
(b) Clean Crew Program Tiers: Insider and VIP Tiers
(c) Clean Crew Points
Insider Tier. When you become a Biossance account holder, you will automatically be placed in the Member Tier. Subject to these Terms, you will remain in the Member Tier indefinitely unless you meet the Spend Per Year required to achieve the benefits of the Insider or VIP Tiers.
VIP Tier. A Biossance account holder will receive the benefits of the VIP Tier as soon as such customer qualifies for it by meeting the required Spend Per Year within the current calendar year and maintains that level status for the following calendar year. Upon expiration of that calendar year, that customer will be required to requalify for the VIP Tier on an annual basis.
Under the Program, all two Tiers of membership will have one point credited to their Clean Crew account for every US dollar spent in the Store (a “Point”).
You may collect Points by purchasing Merchandise in the Store. To have Points credited to your under the Program, you must make your purchase while signed in to your Biossance account. All purchases made prior to the launch of the Program or not signed in your Biossance account are not eligible for Points. (d) Bonus Point Events
Occasionally, Biossance may offer bonus points or other exclusive events, savings or opportunities to earn bonus points (e.g., 3x Points per $1 spent) to selected Biossance account holders of one or more Tiers. Participating on such Clean Crew Opportunities will allow Biossance account holders to earn Points for the purchase of certain Merchandise at the Store, or in connection with shopping days where enrolled customers may earn a set amount of bonus points for shopping that day.
Separate or additional terms and conditions may apply to such Bonus Points Events and will be communicated to you by email or social media prior to the event. Bonus points are subject to the following exceptions: If a Biossance account holder purchases a Biossance product during a Bonus Point Event and the selected Merchandise comes with an additional, free product, bonus points will not be issued on the retail value of the free product. If a Biossance account holder redeems Points towards the purchase of a Bonus Points Event-promoted Biossance product and pays a portion of the retail price after the points redemption, the Biossance account holder will receive bonus points on the remaining retail amount paid by the Biossance account holder after the points were redeemed. If a Biossance account holder redeems points towards the purchase of a bonus point product in an amount equal to the full price of the Bonus Point Event-product, the Biossance account holder will not earn any bonus Points. (e) Additional Ways to Earn Points
From time to time, Biossance may offer additional ways to earn Points on non-purchase activities in accordance with additional terms and conditions that will be communicated by Biossance via email to selected Biossance account holders on one or more Tiers and on selected geographies (f) Merchandise and Rewards
For purposes of collecting Points under the Program, "Merchandise" or the value of merchandise in these Terms includes all Biossance products sold at the Store, except for “gifts with purchase” or other sample size or promotional merchandise. Merchandise also excludes any payment for e-gift cards, gift cards, taxes, shipping costs and other excluded charges and/or purchases (e.g., no Points are earned when purchasing Biossance Mini Sets or other sample size or promotional Merchandise) as specified by Biossance from time-to-time.
By participating in the Program you will receive Benefits according to your Tier and you will have the opportunity to redeem your Points for rewards made available by Biossance from time to time in its sole discretion at the Store (“Rewards”). You are eligible to redeem Points for a Reward if you have enough Points in your Clean Crew Account for that specific Reward. The retail value of a Reward does not count toward Biossance's free shipping threshold. Rewards can only be redeemed in the Store and may only be shipped to addresses in the US and other countries where Biossance ships Merchandise at the time of redemption.
You should be aware that due to the limited nature of Rewards, Biossance may be unable to reship Rewards if they arrive damaged, if you receive the wrong one or if one is missing from your order. Further, certain Rewards will be only available on limited quantities and while supplies last and may only be offered for specific periods of time and in selected geographies, in which case Biossance reserves the right to make substitutions at its sole discretion.
You are not required to redeem your accumulated Rewards and/or benefits. Please contact Biossance Customer Care via email at firstname.lastname@example.org. (g) Clean Crew Points Restriction
The Points have no cash value, are non-transferable, and you have no property rights in or to Rewards or other Program Benefits. Points can only be redeemed for Rewards. Biossance may, in its sole discretion, allow Points to be redeemed for other benefits or items of Merchandise from time to time and are not redeemable for cash, for another product, for gift cards or for e-gift certificates or be used as payment. Biossance also reserves the right to substitute Rewards without prior notice.
Purchase balances credited to your Clean Crew Account will be decreased or reversed, as applicable, if all or part of the purchase of Merchandise is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms or the Biossance Terms of Service (including purchases that appear to be placed by unauthorized dealers, resellers or distributors, as determined by Biossance in its sole discretion). Biossance is not responsible for Rewards lost or redeemed due to fraudulent activity by you or any third party. Biossance is not responsible for Rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any Rewards or Benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from Rewards earned under the Program are the responsibility of the Biossance account holder. Rewards cannot be exchanged or returned for another product, or for a monetary refund. (h) Clean Crew Profile Page
By logging in your Biossance Account, you may review your Clean Crew Profile and Summary Page and learn about all Benefits associated with your Tier; your current Points balance, Point activity stored in your Clean Crew account and Rewards available under your Tier. If you have concerns that a purchase of Merchandise or other activity was not properly applied to your Clean Crew account, you should contact Biossance Customer Care at email@example.com. Your email must include your name, and email address associated with the Biossance Account, the date of the Clean Crew activity, and the issue(s) you encountered. You must send this email within forty-five (45) days after the date you purchased Merchandise or other Program activity occurred. Biossance is not responsible for late notifications about purchases or other Program activities not credited to a Clean Crew account. (i) Expiration of Points
Any Points that are not redeemed within one year following the date of the last qualifying purchase was made in the Store; will expire. You will have one year to redeem your Points after your last activity in your Biossance account. You may prevent the expiration of Points by purchasing qualifying Merchandise.
Your Points will also automatically expire if your membership to the Program is revoked or otherwise cancelled if you violate these Terms and for the reasons under the Points Restrictions paragraph or Section 6 below.
Biossance account holders may find information on Points dates and activity in their Clean Crew Profile Page by login in their Biossance account. (j) Clean Cash Rewards
A Clean Cash Reward is an instant discount applied to the purchase price of Merchandise available to all Biossance account holders in exchange for redemption of Points (In U.S. Dollars)
The Clean Cash Rewards may be used for the purchase of Merchandise online (with a shipping address in the U.S., Canada and other countries where Biossance ships Merchandise). Clean Cash Rewards cannot be applied to gift card purchases, product replenishment programs, previous purchases, gift wrapping, packaging, taxes, or shipping and handling charges. Only one Clean Crew Cash Reward can be applied per purchase transaction.
Return of Merchandise purchased with a Clean Cash Reward will be for the price actually paid after applying the Clean Cash Reward. The Points deducted from your Clean Crew account will not be refunded.
Clean Cash Rewards must be used on a single transaction and any remaining balance will be lost and void. If you apply a Clean Cash Reward to the purchase of Merchandise with a lower price than the Clean Cash Reward, the balance of such Clean Cash Reward will be void and will not be carried in your Clean Crew Account. For example, if you use a $25 off Clean Cash Reward to purchase a Biossance product with a price of $18, the $7 outstanding balance will be void. THE CLEAN CASH REWARDS IS NOT CASH OR ANY OTHER LEGAL TENDER. THE CLEAN CASH REWARDS HAVE NO CASH VALUE WITHOUT A PURCHASE AT THE BIOSSANCE STORE. THE CLEAN CASH REWARDS MAY NOT BE ALTERED, SOLD, BARTERED OR TRANSFERRED.
The Clean Cash Reward is applied last to your purchase after all other Biossance promotional discounts have been applied. Clean Cash Rewards cannot be used on any other promotional offers, discounts or Rewards. The Clean Cash Rewards are subject to change, alteration, or termination by Biossance in its sole discretion at any time. (k) Clean Crew Birthday Gift Benefit
If you share with us your birthday, you will receive a Birthday Gift in the form of a one-time discount on a qualifying Merchandise purchase during your birthday month. Biossance will send you an email to the email address in your Biossance account with your unique promotional code on the first day of your birthday month.
To redeem your Birthday Gift in the Store you must sign in your Biossance Account. YOU WILL NEED TO EFFECT A MERCHANDISE PURCHASE DURING YOUR BIRTHDAY MONTH TO CLAIM YOUR BIRTHDAY GIFT AT CHECKOUT. There is a limit of one Birthday Gift per Biossance account holder per year, and Birthday Gifts cannot be transferred, combined with any other offers or discounts, applied to prior purchases, or applied to gift card purchases. The Birthday Gift Benefit is subject to change, alteration, or termination by Biossance at its sole discretion at any time.
3. EFFECT OF STORE ORDER CANCELLATION
Because all Rewards redeemed online are shipped with Merchandise orders, if you cancel an item from your order and that cancellation drops your Points balance below the required Points required to redeem the Reward, you will still receive the Reward as long as other Merchandise is being shipped. It is possible that your Clean Crew Account reaches a negative balance if you do not have enough Points in your Clean Crew account because of the cancelled item. If your entire order is cancelled by you, the Reward(s) will not ship because a Merchandise purchase is required, and the redeemed Points will be re-credited to your Clean Crew Account. Redeemed Points will be re-credited if an order is cancelled by Biossance.
5. COMMUNICATIONS WITH BIOSSANCE; HOW TO OPT OUT
By opening a Biossance account you agree to receive advertising, marketing materials and other communications from Biossance, including Program emails.
If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.Biossance.com or by emailing Customer Care at firstname.lastname@example.org.
6. CHANGES, TERMINATION AND/OR REMOVAL FROM PROGRAM
The Program and its Benefits are offered at our sole discretion. Biossance may, in its sole discretion, alter, limit, restrict, or modify the Program rules, regulations, Benefits, Rewards, eligibility to participate in the Program, our FAQ or any other aspect or feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Biossance website even though such changes may affect the value of Rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. Residents of the Province of Québec will receive, between the 90th and 60th day preceding the coming into force of an amendment to these terms and conditions, a written notice setting out any new provisions and the date of the coming into force of any such new.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Biossance reserves the right to exclude individuals from the Program or remove Points from a Biossance account holder’s Clean Crew Account in its sole but reasonable discretion. In particular, any suspected abuse or manipulation of the Program or its rules (as determined by Biossance), failure to follow any terms of the Program, membership inactivity for more than 12 months, any misrepresentation, illegal activity, fraud, or any conduct detrimental to the interests of Biossance not otherwise protected by law, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may subject Biossance account holders to membership revocation or deduction of Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Your eligibility to participate in the Program is non-transferable and qualifying purchases must be made only by the Biossance account holder. If your eligibility to participate in the Program is revoked or otherwise cancelled, any Points in your Clean Crew account will automatically expire. Biossance reserves the right to make changes to its Store, the Biossance Terms and Conditions and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. Residents of the Province of Québec will receive, between the 90th and 60th day preceding the coming into force of an amendment to these terms and conditions, a written notice setting out any new provisions and the date of the coming into force of any such new provision. By participating in the Program, you hereby agree to be bound by any such changed Terms. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BIOSSANCE, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BIOSSANCE, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO, OR TERMINATION OF, THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON BIOSSANCE'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM BIOSSANCE AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
FOR RESIDENTS OF THE PROVINCE OF QUÉBEC, THE ABOVE STIPULATION SHALL NOT LIBERATE BIOSSANCE FROM THE CONSEQUENCES OF ITS OWN ACT OR THE ACT OF ITS REPRESENTATIVE.
8. PROGRAM CONTENT AND PROPRIETARY RIGHTS
Any Program content on the Store is provided by Biossance or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Biossance Content"), is the property of Biossance and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Biossance grants you a limited license as detailed under Sections 2 and 8 of the Biossance Store Terms and Conditions.
9. DISPUTE RESOLUTION
If a dispute should arise between you and Biossance, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our Customer Care team, reachable by emailing customercare@Biossance.com or by calling 1-844-688-5885.
If your dispute cannot be resolved using our Customer Care team, Section 17 of the Biossance Terms of Service describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND BIOSSANCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Biossance, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot be so modified or restricted, they shall be removed from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
11. ADDITIONAL INFORMATION ON THE PROGRAM.
If you have any questions regarding the Program, you may email Customer Care at email@example.com or call 1-844-688-5885. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQS.