The Spa Terms & Conditions

The Spa Terms & Conditions

The Spa (also referred to as Omorfie's Loyalty Program) is a customer rewards program (“Program”) managed and conducted by Omorfie (ACN 612 390 413) (“Omorfie” “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 Omorfie database (“Client file”) online via the program sign-up box on omorfie.com.

By opting in to The Spa you agree to the Terms and Conditions of the The Spa Loyalty Program set out here in and our Privacy Policy. Please read these Terms and Conditions and Privacy Policy carefully before you use and/or opt in to the Program. Refer to our Privacy Policy for more details regarding use of your personal information and opt out procedures.

Participation & 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.
Tally Of The Spa Points

Purchases on our online stores will be converted into points provided you use the email address associated with your The Spa account. The Spa excludes returns, refunds, delivery charges, and the purchase of gift cards. The Spa spend includes local taxes.

Your spend will be calculated and accumulated over a rolling 12 month period and your point balance is accessible in real time. Omorfie 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.

The Spa Tiers

As part of the Loyalty Program, you will unlock tiers by purchasing goods on our online store and/or performing certain ‘point-earning’ behaviours:

  • Check-in – To check-in you need 0-99 pink points.
  • The Lounge – To check in you need 100 – 299 points.
  • Glam Room – to check in you need 300 – 499 points.
  • Day Spa – to check in you need 500+ points.

Once you unlock a tier, you will hold this level for 12 months. To stay on this level before the 12 month expiry, you need to earn the minimum points allocated to each leave.

Any transactions that occur in Omorfie partner retail stores will not count to the The Spa Loyalty Program. Orders placed online can take up to 36 hours to reflect in a customer’s online Spa account.

To the extent that a The Spa tier 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 Omorfie, we may adjust your tier 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 Omorfie, an adjustment is also made to The Spa account in the amount of the reimbursement granted.

Transfer & Client Files

Any transactions by another customer at online cannot be transferred to a different customer for someone else to obtain The Spa points.

There can be only one customer for each Omorfie Loyalty membership. Transactions from multiple Customer files cannot be joined into one Spa spend amount. It is your responsibility to ensure that Omorfie 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 Spa points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. The Spa points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent

Rewards & Gifts

Any rewards, gifts, benefits or offers communicated as part of The Spa Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only The Spa 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 The Spa gifts, benefits or offers are subject to availability. Omorfie is not liable for any rewards, gifts, benefits or offers not being available for any reason.

If you have opted-out of receiving our Loyalty Program communications you will not eligible to receive any rewards or perks of the program.

Omorfie reserves the right to change or withdraw The Spa rewards and giveaways and these terms at any time without notice.

Exclusive Content

Content will be supplied to you via your email entered at the time of sign up. You must opt-in to receive emails from Omorfie and The Spa to receive any email regarding The Spa (this includes sale and promotional emails). If you are not receiving The Spa emails, please contact us at hello@omorfie.com

Competitions & Giveaways

Each major prize pool will have its own set of terms and conditions. Competitions are scheduled at random throughout the calendar year.

Change Of Details

You should advise Omorfie of any change of name or email address by via your The Spa account. Omorfie 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 The Spa communications and rewards, gifts or benefits or the loss or downgrade tier of The Spa. Changes to your details can be made via your Loyalty Program (The Spa) account.

Suspension or Termination

Omorfie may immediately suspend or terminate your participation in The Spa Loyalty 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 Omorfie, The Spa Loyalty Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of Omorfie; (d) have supplied or are attempting to supply false or misleading information to Omorfie; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Omorfie 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 Omorfie staff or any other Customers online; or (g) become bankrupt.

Where your right to participate in The Spa Loyalty Program is suspended or terminated, any benefits, rewards and rights and tiers you may have at that time under The Spa Loyalty Program shall thereby suspend or terminate (as the case may be).

The Customer’s participation in The Spa Loyalty Program may be terminated by either Omorfie or the Customer by providing the other party with at least 30 days written notice.

Warranties & 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 The Spa Loyalty 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, Omorfie’s’ sole liability for breach of any such condition, warranty or other obligation is limited to:

  1. in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
  2. in the case of any claim relating to points, to crediting that number of points to the Customer’s account; or
  3. in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your The Spa Loyalty Program account.

To the extent permitted by law, Omorfie will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for:

  1. any personal injury or death to the Customer or any third person;
  2. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
  3. the loss, theft or destruction of The Spa reward, gift, offer or benefit; or
  4. any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift, benefit or The Spa, arising out of, relating to or connected to the provision or use of The Spa Loyalty Program, any reward, gift, offer or benefit or any goods or services supplied by Omorfie.

Omorfie 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.

General Information

Omorfie expressly reserves the right to change The Spa Loyalty Program elements (including, but not limited to, The Spa tiers, expiry dates or the way in which The Spa rewards, gifts, benefits or offers are earned and redeemed) or cease running The Spa at any time (without any liability to the Customer or any third party). Omorfie 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 The Spa Loyalty Program by providing Omorfie 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 Omorfie 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 Spa Loyalty Program, your participation in the The Spa Loyalty Program, The Spa rewards offered or any other transaction within, or arising out of, The Spa Loyalty 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.

Governing Law

These Terms and Conditions, and your participation in The Spa Loyalty Program, is governed by and will be construed in accordance with the laws of the State of Queensland, 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 inThe Spa Loyalty Program, you submit to the non-exclusive jurisdiction of the Courts in the State of Queensland.

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