Gold Gang Loyalty - Terms and Conditions

 

Last updated: 7 February 2023

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE AU VODKA LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED IN THIS DOCUMENT AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM.

A. Membership eligibility and overview

  1. The Au Vodka Loyalty Program (the “Program”) is offered at the sole discretion of Au Vodka Ltd (“Au Vodka”, “we”, “us” or “our”), a private limited company incorporated and registered in England and Wales with company number 09470442 and registered office at Unit 25 Cwmdu Industrial Estate, Swansea, Wales, SA5 8JF. Au Vodka is the promotor of the Program.
  2. The Program is available to individuals for their personal use only and is limited to one account per individual. Companies, associations or other groups may not participate in the Program.
  3. Individuals who are legal residents of the United Kingdom, are at least 18 years of age or older, and who provide and maintain a valid email address, are eligible to become members of the Program.
  4. No purchase is necessary to join the Program.
  5. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
  6. Employees and individuals employed by us or by our business partners or vendors are eligible for membership for personal use only, but may be excluded from certain benefits of the Program in our sole but reasonable discretion.
  7. BY JOINING THE PROGRAM AND BECOMING A PROGRAM MEMBER, YOU (INDIVIDUALLY AND COLLECTIVELY, “YOU,” “YOUR,” OR “MEMBER”), AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE PROGRAM TERMS AND CONDITIONS OF PARTICIPATION (THE “TERMS”) AND BY ANY CHANGES OR MODIFICATIONS WE MAY MAKE FROM TIME TO TIME. (WE WILL REFLECT THE LAST DATE OF ANY UPDATE AT THE TOP OF THE PAGE OF THESE TERMS.) YOU ALSO AGREE TO BE BOUND BY OUR PRIVACY POLICY AND OUR WEBSITE TERMS AND CONDITIONS WHICH ARE INCORPORATED IN THIS DOCUMENT BY THIS REFERENCE. YOU SHOULD REVIEW THESE TERMS AND THE RELATED POLICIES AND FAQS FREQUENTLY TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO THE PROGRAM AS THEY MAY CHANGE FROM TIME TO TIME. THESE TERMS DO NOT ALTER IN ANY WAY THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH US, INCLUDING ANY AGREEMENT FOR PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, OUR WEBSITE PRIVACY POLICY, AND OUR WEBSITE TERMS AND CONDITIONS, YOU SHOULD NOT PARTICIPATE IN THE PROGRAM. THE PROGRAM IS VOID WHERE PROHIBITED BY LAW.

B. Program Enrolment 

  1. Eligible individuals may enrol in the Program by visiting auvodka.co.uk (the “Site”) and following the prompts to register for the Program. As of the 24th of November 2022, individuals who have made an account on the www.auvodka.co.uk website are automatically enrolled into the Gold Gang Loyalty Programme.
  2. You are required to provide your email address in order to enrol in the Program. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards. 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 Site.
  3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorised account holder of the email address submitted at the time of enrolment.
  4. For purposes of these Terms, the "authorised 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.
  5. When enrolling into the programme after making a purchase, any points earned 7 days prior to enrolment (as a guest) will automatically be credited to the loyalty account.

C. How the Programme works

  1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site.
  2. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions.
  3. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the time of purchase.
  4. Once you earn points and reach a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
  5. The Program is a tier-based program determined by the number of points a member has earned within a single year on eligible online purchases and through qualifying activities, beginning on the date when you enrol.

There are X tiers with associated benefits:

Tier No.

Tier Name

Benefits

Points

1

Copper

As communicated on the Site.

0 – 399

2

Bronze

As communicated on the Site

400 - 949

3

Silver

As communicated on the Site

950 - 2999

4

Gold

As communicated on the Site

3000+

  1. When you join, you will automatically be placed in Tier 1, Copper and be eligible for all the benefits Tier 1 members receive. You will then move through the tiers depending on how many points you earn within a 12-month period. Only points earned within a 12-month period count towards the Tier that you’re in.
  2. If you earn at least 400 points in your first year, you’ll be automatically moved up to Tier 2, Bronze. If you earn 950 points or more in your first year, you’ll qualify for Tier 3, Silver.
  3. Spending points on reward vouchers does not impact Tier progression.
  4. Your status in a particular tier is fixed for a year, from the date of entry into that tier. At the end of the 12 month period, if you haven’t moved into the next tier, the system evaluate whether you have earned enough points in that period to remain in in that tier. If you haven’t you will be moved down to a lower tier. For example, when a customer signs up, they need to earn 3,000 points to enter Tier 4. They'll be in this tier for 12 months, after which point the system will evaluate if they've spent at least 3,000 points over the last 12 months, and if they have, they'll remain in this tier. If not, they'll drop down to a lower tier.
  5. To earn points online, you must be enrolled in the Program and be signed into your account at the time of purchase. Currently, only purchases made on the Site are eligible for the Program. Purchases made in any department stores, specialty stores, airport stores and retail stores (even if owned by us) are not eligible for the Program at this time. If this changes, we will update these Terms. Purchases made outside of the United Kingdom are also not eligible for the Program.
  6. Program members receive 1 point for every £1 spent on qualifying purchases on the Site. Qualifying purchases include regular and sale-priced merchandise and services, and exclude gift cards, shipping and delivery charges or other excluded charges specified by us from time-to-time. All points are pending for a period of 14 days to account for our returns window, at which time they are fully vested and capable of redemption.
  7. In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, please check to make sure you are a Program member and you have logged into your account before completing the actions below. The number of points, if any, awarded for each action is determined by Au Vodka in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.
  8. Active points will expire after a 12-month period of no purchases being made.

D. Program Benefits and Rewards

    1. As a Program member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped with product purchases on the Site only. Points may never be redeemed for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when rewards are available if they have not opted-out of receiving Program emails.

a) Points benefits.

At different point levels you will unlock rewards that can be used in conjunction with a purchase on the Site. These rewards are based on the number of points you have accumulated once enrolled into the program. Points expire after 12 months of no purchases. You can redeem these rewards by logging into your Program account online and selecting the reward from “My Rewards’ section of your account page.

Rewards

The points accumulated on the loyalty program can be used to redeem discount vouchers to spend on the store. The value of the coupon increases with amount of points accumulated. Vouchers can ONLY be redeemed on full price items. You will only be able to use your voucher when total of full price items in your basket exceeds the minimum spend of the voucher. Spending points on vouchers won’t impact your tier progression. Vouchers cannot be stacked, or used alongside other store wide promotions. Vouchers also cannot be claimed on shipping costs.

  • £5 Discount – Cost = 100 points – Minimum Spend = £15
  • £10 Discount – Cost 200 points – Minimum Spend = £30
  • £20 Discount – Cost 300 points – Minimum Spend = £60
  • £50 Discount – Cost 500 points – Minimum Spend = £50
  • £75 Discount – Cost 750 points – Minimum Spend = £125
  • £150 Discount – Cost 1000 points – Minimum Spend = £200

b) Tier benefits.

Certain benefits are based on the tier level achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. If you move down a tier, your benefits change accordingly. Tier benefits can only be redeemed on the Site with the exception of exclusive in-store member events and VIP events or as otherwise noted. You have access to the benefits within your Tier for the duration of time that your in that tier (a minimum of 12-months).

  • Tier 1, Copper: 0-399 points

Benefits as Communicated on the Site.

  • Tier 2, Bronze: 400-949 points

Benefits as Communicated on the Site.

  • Tier 3, Silver: 950-2999 points

Benefits as Communicated on the Site.

  • Tier 4, Gold: 3000+ points

Benefits as Communicated on the Site.

  1. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem points. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact our Customer Service team at customerservice@auvodka.co.uk.
  2. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the Member paying for the products may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.
  3. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points and tier status credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards, points or benefits offered through the Program, other than by us, is expressly prohibited.
  4. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
  5. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole but reasonable discretion, may result in the violation of our Terms.
  6. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
  7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact our Customer Service team at goldgangloyalty@auvodka.co.uk. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
  8. Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise indicated by Au Vodka.

E. Program communications

  1. By enrolling in the Program, you consent to receiving Program related e-mails, including Program marketing e-mails. We also may give you the option to opt-in to receive other Au Vodka marketing communications at the time of enrolment.
  2. You may opt-out of receiving Program related emails (including Program marketing emails) or Au Vodka marketing emails at any time by following the instructions provided in the email and as otherwise provided in our Privacy Policy. If you opt-out of Program-related emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you and this information will only be available through your account or emailing our Customer Service team at customerservice@auvodka.co.uk.

F. Termination and modification

  1. The Program and its benefits are offered at our sole discretion. We reserve the right to change Program benefits, how you earn points and reach each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity.
  2. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
  3. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, 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.
  4. Changes to the Program will be set forth in these Terms and will be effective on the date the Terms are posted to the Site (with the effective date reflected at the beginning of the Terms). Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
  5. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole but reasonable discretion.
  6. To keep your account active you must log in to your Program account and make a purchase within 12 months. Membership will expire if a member is inactive for a period of 12 months or more.
  7. Any suspected abuse of the Program, failure to comply with any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorised use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates (all as determined by us in our sole but reasonable discretion), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate.
  8. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we reserve the right to take appropriate legal action.
  9. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out of the Program in your account on the Site. If you cancel your membership, you will automatically lose all accumulated points, benefits and tier status.

G. Disclaimer of warranties; Limitation of liability

  1. THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, REPRESENTATIONS, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
  2. NEITHER AU VODKA NOR OUR PARENTS, 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, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE. THIS PROVISION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER NOR DOES IT AFFECT YOUR CONTRACT CANCELLATION RIGHTS.
  3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AU VODKA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT OR OTHERWISE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED. NOTHING IN THIS PROVISION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR SERVANTS, AGENTS OR EMPLOYEES.
  4. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AU VODKA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY ECONOMIC LOSSESS (SUCH AS LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), LOSS OF GOODWILL OR REPUTATION OR ANY SPECIAL OR INDIRECT LOSSESOF ANY KIND RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT OR OTHERWISE (OTHER THAN FRAUDULENT OR NEGLIGENT MISREPRESENTATIONS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED POUNDS (£100.00).
  5. IF YOU ARE DISSATISFIED WITH THE PROGRAM FOR ANY REASON, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU EXCEPT AS EXPRESSLY REQUIRED BY LAW.

H. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your breach of the Program or its Terms or your violation of any law, rule or regulation.

I. Governing law and disputes

This Program and these Terms will be governed by and construed under the substantive laws of England and Wales, and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

J. Privacy and data protection

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed to administer your participation in the Program and otherwise in accordance with the our Privacy Policy.

K. Entire Agreement; Waiver and Survival

  1. These Terms govern our relationship with you as it relates to the Program.
  2. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms.
  3. Your Statutory Rights are not affected by these Terms.
  4. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not a part of these Terms.
  5. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.
  6. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms.

L. Contact Us

For information about the Program and your membership, please contact our Customer Service team at customerservice@auvodka.co.uk.

We are not responsible for requests or correspondence lost or delayed in the post or over the Internet.

You may also provide answers to helpful frequently answered questions in our FAQs.

If you need to contact us, our company details are:

Au Vodka Ltd of Unit 25 Cwmdu Industrial Estate, Swansea, Wales, SA5 8JF; registered in England and Wales with company number 09470442; VAT no. 212186049; email: customerservice@auvodka.co.uk