The Mode Society (also referred to as “Loyalty Program”) is a customer rewards program (“Program”) managed and conducted by Mode Sportif Pty Limited (“Mode Sportif” “we” or“our”) for the benefit of its customers (“Customer” or “you”).

Opting in to the Program is automatic upon: the creation of a Customer account by providing personal information for Mode Sportif database (“Client file”) online via the program widget or account registration page on modesportif.com.

By opting in to the Mode Society you agree to the Terms and Conditions of the Mode Society 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 at modesportif.com/pages/privacy-policy for more details regarding the use of your personal information and opt out procedures.

Participation & Membership Terms are subject to change.

Participation in the Program is only open to all Mode Sportif customers that have access to our online store. 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 contact Mode Sportif at customercare@modesportif.com to request removal from the Program.

Calculation Of Society Points

Purchases on our online store will earn you points provided you use the email address associated with your Mode Society account, and are logged in to your account at the time of purchase. Mode Society excludes returns and delivery charges. Your Mode Society points will be calculated and accumulated over a rolling 12 month period, from your last earning activity, and your point balance is accessible in real time. Mode Sportif reserves the right to change points balances if it believes someone is unfairly accumulating points not within the rules set out in this document. Points earned as part of this loyalty program are not redeemable as cash or monetary value, unless otherwise stated as a way of spending as part of the Program. State Of Escape products are excluded from Society Points accumulation. 

Mode Society Levels

As part of the Program, you will move through Mode Society levels by purchasing goods on our online store and/or performing certain ‘point-earning’ actions:

• Mode Premiere – To reach Mode Premiere status, you need 0 – 19,999 Society Points.
• Mode Priority – To reach Mode Priority status, you need 20,000 - 79,999 Society Points.
• Mode Priority – To reach Mode Priority status, you need at least 80,000 Society Points.

Mode Society points expire and are removed from your balance 12 months after the earn activity date. Your Society Points balance may go up or down on a daily basis as credits are earned or expired. Mode Society members will unlock the next tier as soon as they have earned enough Society Points in the preceding 12 month period. Eligibility to upgrade is reviewed every day.

Any transactions that occur in one of Mode Sportif’s retail partner stores will not count toward the Mode Society Loyalty Program. Transactions that occur at the Mode Sportif boutiques in Mosman and Double Bay will count toward the Mode Society Loyalty Program. Orders placed at www.modesportif.com can take up to 36 hours to reflect in a customer’s Mode Society Dashboard.

To the extent that a reward 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 Mode Sportif, we may adjust your Mode Society tier or points 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 Mode Sportif, an adjustment is also made to the Mode Society account in the amount of the reimbursement granted.

Transfers & Client Files

Any transactions by another customer at modesportif.com cannot be transferred to a different customer for someone else to obtain Mode Society points. There can be only one customer for each Mode Society membership. Transactions from multiple Customer files cannot be joined into one Mode Society spend amount. It is your responsibility to ensure that Mode Sportif has only one Client file for you. If you suspect that you have more than one Client file, please contact our customer support team at customercare@modesportif.com

Any Mode Society points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Mode Society points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent, unless otherwise stated as a way of spending as part of the Program.

Rewards & Perks

Any rewards, gifts, benefits or offers communicated as part of the Mode Society Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only Mode Society 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, unless otherwise stated as a way of spending as part of the Program. All Mode Society gifts, benefits or offers are subject to availability. Mode Sportif is not liable for any rewards, gifts, benefits or offers not being available for any reason. If you have opted-out of receiving Mode Sportif communications, you will not be eligible to receive any rewards or perks of the program. Mode Sportif reserves the right to change or withdraw the Mode Society rewards and giveaways and these terms at any time without notice.

Exclusive Content

Any exclusive content will be supplied to you via your email address entered at the time of sign up.

Double Points

During a double points earning promotion, double points are only awarded to customers who are a part of Loyalty Program and who purchase products through our online store during the promotion hours stated. Each double points earning promotion will have its own set of terms and conditions.

Competitions

Each competition will have its own set of terms and conditions.

Change Of Details

You should advise Mode Sportif of any change of name or email address by emailing customercare@modesportif.com . Mode Sportif 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 Mode Society communications and rewards, gifts or benefits or the loss or downgrade of a Mode Society tier. Changes to your details can be made by emailing customercare@modesportif.com.

Suspension or Termination

Mode Sportif may immediately suspend or terminate your participation in the Mode Society 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 Mode Sportif, the Mode Society Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of Mode Sportif; (d) have supplied or are attempting to supply false or misleading information to Mode Sportif; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Mode Sportif 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 Mode Sportif staff or any other Customers online; or (g) become bankrupt. Where your right to participate in the Mode Society Program is suspended or terminated, any benefits, rewards and rights and Mode Society status you may have at that time under the Mode Society Program shall thereby suspend or terminate (as the case may be). The Customer’s participation in the Mode Society Program may be terminated by either Mode Sportif 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 expressed or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Mode Society 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, Mode Sportif’s sole liability for breach of any such condition, warranty or other obligation is limited to: in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again; in the case of any claim relating to points, to crediting that number of points to the Customer’s account; or in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Mode Society Program account. To the extent permitted by law, Mode Sportif will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for: any personal injury or death to the Customer or any third person; indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; the loss, theft or destruction of an Mode Society reward, gift, offer or benefit; or any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift or benefit of The Mode Society, arising out of, relating to or connected to the provision or use of the Mode Society Program, any reward, gift, offer or benefit or any goods or services supplied by Mode Sportif. Mode Sportif 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

Mode Sportif expressly reserves the right to change the Mode Society program elements (including, but not limited to, the Mode Society tiers, expiry dates or the way in which Mode Society rewards, gifts, benefits or offers are earned and redeemed) or cease running Mode Society at any time (without any liability to the Customer or any third party). Mode Sportif 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 Mode Society Program by providing Mode Sportif 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 Mode Sportif 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 Mode Society Program, your participation in the Mode Society Program, Mode Society rewards offered or any other transaction within, or arising out of, the Mode Society 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 Mode Society Loyalty Program, is governed by and will be construed in accordance with the laws of the State of New South Wales, 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 in the Mode Society Program, you submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales.