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Loyalty Program Terms & Conditions

 

Loyalty Program Terms & Conditions

These are the terms and conditions for Bonafide Health, LLC’s (the “Company”) loyalty program, sometimes referred to as the Bonafide Bonus Club (hereinafter, the “Loyalty Program”). The Loyalty Program operates via a tier system as set out below unless otherwise expressly stated (the “Program Rules”). The Program Rules govern the Company’s relationship with members of the Loyalty Program (collectively, “Members,” and individually, a “Member,” or “you”), including how Members manage their accounts, purchase products, achieve tier status, and earn and redeem their Loyalty Program points (“Points”). 

By opening a Loyalty Program membership account (“Account”) to receive and redeem benefits of the Loyalty Program, you agree that: 

  • you have read and accept these Program Rules; and you have read and accept the Terms of Use which are incorporated by reference herein; and 

  • you consent to the collection, use, and disclosure of your personal data by the Company, in accordance with the Privacy Policy. 

All Loyalty Program benefits, offers and awards may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, with 45 days' advance notice to all active Members unless required to do so in a shorter time frame by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Members. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no claims will be honored after the conclusion of the notice period.  Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify or supplement these Program Rules, the structure for earning and redeeming awards, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain awards (collectively “Program Rules Change”).  

Members are responsible for remaining knowledgeable of the Program Rules and any Program Rules Change. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rules Change. 

1. MEMBERSHIP 

Membership in the Loyalty Program is free and available to any individual who (a) is at least 18 years of age and resides within the United States of America; and (b) provides valid and accurate personal information when enrolling in the Loyalty Program. 

Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Account. All Member Accounts are individual Accounts and no joint or shared Accounts are permitted even if you reside within the same household. Loyalty Program benefits are non-transferable unless expressly stated otherwise. 

The information a Member provides to the Company is processed in accordance with the Company’s Privacy Policy. Communication of relevant information is important to administering the Loyalty Program and providing each Member with the opportunity to maximize the benefits of Membership. The Loyalty Program will only disclose Member information to: the Company, person(s) authorized by the Member; email service providers and mail houses that process mail for such entities; and marketing companies that provide services to the Company. Member information will, in each case, only be disclosed for one or more of the following purposes: 1) in order to better service the Member Account and the Member’s preferences by keeping the Member informed of Account status and activities through printed or electronic statements; 2) to assess a Member’s entitlement to benefits; 3) to collect and process Member charges incurred at hellobonafide.com; 4) to offer a Member additional products and services; and 5) to send periodic satisfaction or market research surveys. In choosing to become a Member, the Member consents to receive all the types of information described above, but the Member will be given the opportunity to define and modify mailing and other communication preferences. 

Cancelling by Member. A Member may cancel his/her membership in the Loyalty Program at any time by sending written notice of cancellation to [email protected]. All unredeemed Points and awards as well as achieved member status will be forfeited immediately and may not be reinstated or transferred. 

Cancelling or Suspending by the Company. The Company may cancel a Member’s accumulated Points, suspend Loyalty Program benefits, or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has (a) acted in a manner inconsistent with applicable laws, regulations, ordinances; (b) acted in an inappropriate, fraudulent, abusive or hostile manner; or (c) breached or violated any of these Program Rules or the Terms of Use; 

Effect of Cancellation.  The Loyalty Program, Points, and other related benefits and services are the sole property of the Company, and are not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all unredeemed Points, awards and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program. Points, awards and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused Points. 

2. EARN POINTS 

Points are earned in the following way: 

3. MISCELLANEOUS   

Correction of Benefits 

At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of Points credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Loyalty Program suspects there has been fraudulent activity connected with the transaction. 

Taxes 

Points and/or other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of Points and/or other Member benefits. 

No Warranties or Representations, Express or Implied 

The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program or by Participating Properties. 

Not Responsible for Acts, Errors, or Omissions 

The Company is not responsible for any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the crediting or debiting of Points from Member Accounts.  The Company reserves the right to correct, without notice, any errors. 

Waiver 

The Company’s waiver of any breach of these Loyalty Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Loyalty Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. 

Limitation of Liability 

IN NO EVENT WILL BONAFIDE HEALTH, LLC, ITS PARENT AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM. 

Choice of Law and Venue 

Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state or federal courts located in the State of New York, United States. 

Subject to Law 

Membership in the Loyalty Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Membership in the Loyalty Program, Member benefits, and awards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States. If any part of these Loyalty Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force. 

Entire Agreement 

The Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Loyalty Program website.