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NAUTICA- LOYALTY PROGRAM

TERMS & CONDITIONS:

    Overview

  1. The “Nautica Rewards” loyalty program is managed by Sane Retails Private Limited (“Sane”), which is extending loyalty benefits to all members (“Members”) who shop at stores owned and/or operated by Sane in partnership with various third parties. The trademark Nautica and Nautica Rewards shall continue to be owned by Nautica Delaware LLC and its affiliates.
  2. The Nautica Rewards program is regulated by certain terms and conditions. By opting for a membership, a Member is agreeing to and are accepting the below terms and conditions.
  3. These terms & conditions and any and all documents referred to in them (“Terms”) stipulate the rules, principles and rights & obligations for Members and constitute a binding agreement between Sane and the Member. We therefore advise you to print or save and retain a copy of these Terms.

    4. Registration and Membership

  4. Sane may in its sole discretion may decide on the requisite information and/or documents to be submitted by customers in order for them to become Nautica Rewards members.
  5. A customer can become a Member by registering one’s contact details including first / last name and mobile number and/or email ID, along with other details as Sane may seek (whether directly or through its partners). The registration by the customer of his / her contact details mentioned herein implies that the customer has accepted and is bound by these Terms and Conditions.
  6. The Membership is personal to a customer and cannot be assigned or transferred to any other person. A Member may not transfer any rights and/or obligations under these terms and conditions to another person;
  7. The Nautica Rewards Membership is open to individuals only. No entity other than an individual capable of entering into valid contracts is eligible to be a Member.
  8. If a person is submitting details of another individual, Sane will assume that the person submitting such information has obtained due authorization from the future Member. Unauthorized registrations are not allowed. Any person seeking to enroll another person without such person’s consent will be fully liable for any claims, costs and sums incurred due to such registration, whether under civil, criminal, privacy or any other laws.
  9. Admission to the Nautica Rewards Membership is at the discretion of Sane and its partners and the Nautica Rewards Membership can be rejected by Sane without being obligated to assign any reason for such rejection;
  10. If a Membership application is accepted, but Sane subsequently discovers that any or all of the information provided by a Member was misleading or false, Sane reserves the right to revoke such membership with immediate effect, without the right of appeal;
  11. By becoming a Member, the Member consents to receive offers / communications on his / her contact details from time to time. The customer also authorizes Sane to share his / her information to (a) Sane partners in respect of the Nautica Rewards Loyalty Program, (b) Nautica Delaware LLC and its affiliates; and (c) any other entities having rights to distribute the ‘Nautica’ brand in India (each a “Recipient”).
    The Member acknowledges he / she may access, update, correct their information or object to the processing of their information for marketing purposes by Sending mail to customerservice@india.nautica.com
  12. Each Member represents and warrants that:
    1. He/she has all requisite power and authority to enter into and perform his/her obligations under the Terms;
    2. there are no circumstances of which the Member is or should reasonably be aware which would prevent the Terms from being and forming legally binding obligations upon him/her;
    3. his/her performance pursuant to the Terms does not and will not conflict with or breach any agreement or applicable laws to which he/she is subject or by which he/she is bound;
    4. all the information submitted for Nautica Rewards is complete, reliable, accurate, free from errors, and not misleading in any way, and will not infringe any third party rights; and
    5. he/she will not do, or omit to do, anything that might reasonably be expected to put any Recipient in breach of any applicable laws.

    13. Use of Member Information

  13. Each Recipient shall maintain and use the Member’s information for purposes of market research and statistical analysis, customer relationship management, after-sale services, administrative and accounting purposes and also to send communications including electronic communications containing news, information and updates, or otherwise, about its products (including apparel, shoes, accessories), services, offers, promotions, on-line purchases, special events, and other marketing communications that may be of interest to the Member.
  14. By becoming a Member, an individual grants express consent to the processing of any sensitive and/or personal data shared as per the terms of Sane’s Privacy Policy.
  15. By enrolling with the Nautica Rewards program, a Member consents to receive communications from Recipients regarding his/her Nautica Rewards Membership, latest offers, exclusive promos, product launches etc. and any other relevant information/ communications. Such a consent to receive communication shall override any Do-Not-Disturb (DND) settings that a Member may have opted for.
  16. A Recipient may send a Member alerts, notifications, e-mail, direct mail and generally communicate with a Member at his/her mobile number, email address and/or postal address registered with the program.
  17. If a Member does not wish to receive any communication, updates on offers, schemes & others, ____ [Note to FK: Please add]. Send a mail to customerservice@india.nautica.com
  18. No Recipient shall bear any responsibility for communication lost or not received by a Member.
  19. Without affecting any other rights and remedies which Sane may have and without liability to a Member for any losses which may result, Sane may terminate a Member’s Nautica Rewards Membership forthwith and without notice, if:
    1. For any statement or provide any personal data that is materially inaccurate or untrue;
    2. if a petition for a Member’s bankruptcy is presented to any court;
    3. The Member is unable to pay debts to Sane or its partners as and when they fall due;
    4. Any breach of any of the provisions of the Terms, including the documents referenced to herein;
    5. For misuse of the Membership, Reward Points or benefits associated with a Nautica Rewards Membership;
    6. For any behaviour which is troublesome or shows lack of respect towards staff, customers or guests, criminal actions or actions that are generally regarded to be immoral, unethical or contrary to the Terms; and/or
    7. If required under law.

    20. Rewards

  20. Nautica Rewards loyalty points shall be accrued and redeemed exclusively by Members themselves.
  21. Points are non-transferable and non-assignable.
  22. Nautica Rewards are valid for 12 months from the date of issuance.
  23. As a Member, Nautica Rewards can be collected by spending on Nautica offline stores and across Sane’s merchant network.
  24. The Nautica Rewards program provides a host of benefits to its members. The attractive benefits include reward points, birthday discount, welcome vouchers and more. Please see [Membership Benefits] for details. The [Membership Benefits] can be updated by Sane at its sole discretion from time to time.
  25. Sane reserves the right to add, alter, amend and revise the Terms and Conditions of Nautica Rewards with prior notice.
  26. With effect from the date of discontinuation, cancellation and/or termination of Membership, all access exclusive benefits offered under the Nautica Rewards Membership program shall cease and the Reward Points, if any, associated with the Nautica Rewards Membership will become invalid on such date.

    27. Liability

  27. The Members acknowledge that the Nautica Rewards are being offered to Members without cost, and the Member hereby expressly agrees that the Recipient shall not be liable to any Members or his / her nominee, for any losses (of any manner whatsoever), damage or expense of any kind whatsoever, arising out of or in connection with the program and/or the provision or the refusal to provide any benefits.
  28. In no circumstance shall Sane be liable for any goods and/or services offered by a third party.

    29. Miscellaneous

  29. Nautica Rewards is subject to “Force Majeure events” and Nautica shall have no obligation to offer any of the benefits during the pendency of the “Force Majeure events”.
  30. Any dispute arising out of the terms and conditions of Nautica Rewards shall be subject the sole jurisdiction of the courts of Panchkula, India.
  31. Except as specified in the Terms, all express or implied conditions, terms, representations or warranties (whether implied by statute or otherwise) are hereby excluded to the maximum extent permitted by law.
  32. Sane reserves, without prior intimation to a Member, the right to revise these Terms. Any such changes will be published on _____ and will enter into effect forthwith on the date these changes were announced, unless otherwise stipulated. The most recent edition of these Terms will be binding upon a Member. The Member shall be responsible for keeping informed about any changes to the Terms. Any such changes shall be accepted by a Member as a condition for future use of the Nautica Rewards Membership and its benefits. A Member is deemed to have accepted the changes if he/she continues to use the Nautica Rewards Membership and its benefits. A Member may terminate the Nautica Rewards Membership if he/she no longer wishes to be tied to the changed Terms. Sane retains the exclusive discretion in operating the Nautica Rewards Membership program which means Sane may change, alter, add or modify the Terms, Membership Benefits etc. and in certain circumstances discontinue the program partially or in its entirety.