THE SALON ALLIANCE TERMS AND CONDITIONS
NOT OPEN TO THE GENERAL PUBLIC. VOID WHERE PROHIBITED.
The following Terms and Conditions apply to the SALON Alliance Program (“Program”) sponsored by Kao USA Inc. (referred to as “Kao” or “Sponsor”).
I. General Conditions
- Individuals or salons that meet the following eligibility criteria may participate in the Program (collectively, “Participant(s)”), subject at all times to prior approval by Kao and Administrator.
- To be a Participant in the Program, a salon must purchase Kao products directly from Kao and have a valid account number (hereinafter, individually, “Kao Authorized Salon” or “Salon” or, collectively, “Salons”). Each Salon must identify the person or persons authorized by the Salon to receive communications about the Program (“Salon Administrator(s)”).
- To participate as an individual, one must be the age of majority in their province/territory of residence, a legal resident of Canada throughout the term of the Program, a stylist or colorist employed by or providing services at a Kao Authorized Salon, purchase Kao products directly from Kao, and have a valid account number.
- A valid account number as provided by Kao or a Kao Authorized distributor is required. Only a valid account number can be used for the Program.
- This Program is not open to the general public and is void where prohibited or restricted by Relevant Law (defined at Section VIII.F).
- Employees of Kao and any of its related companies or affiliates, any of their respective agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Program.
- Employees of Vanson Technology Services, Inc. (“Vanson” or “Administrator”) and any of its related companies or affiliates, any of their respective agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Program.
- Any disputes regarding eligibility shall be determined at the sole discretion of the Sponsor. Sponsor reserves the right, at any time, to verify eligibility requirements, and Participants may be required to provide proof of their eligibility in writing.
- Kao is sponsoring the Program, which utilizes the Vanson Turnkey Platform to incentivize, motivate and reward eligible Participants for purchasing Participating Products (defined at Section VIII.B.) and/or attending a Program Activity (defined at Section VIII.E.) during the Program Period (defined at Section VIII.D.). Pursuant to the Program, Participants earn Points (defined at Section VIII.C.) for every Participating Product that they purchase from Kao.
- Kao reserves the right to terminate the Program at any time with or without prior notice to Notification about the end of the Program, if any, will be made by email by or on behalf of Kao and sent to the registered email address, if any, of each Participant. Neither Kao, the Administrator, nor their respective affiliates or agents will be responsible for any failure of such notification to be delivered or otherwise reach a Participant because of email server errors, incorrect or incomplete contact information (including, for example, where Participant has failed to inform Sponsor or Administrator of an email address change or fails to check their email box), or any other cause beyond the reasonable control of Sponsor or Administrator.
- Following notification (if any) regarding termination of the Program, Participants will have fifteen (15) days to choose the Rewards (defined at Section VIII.A.) and redeem the Points they have accumulated. On the sixteenth (16th) day following notification, unredeemed Points will be void and eliminated from the Program system, and neither Sponsor nor Administrator will be responsible or liable to any Participant.
- Participants are responsible for maintaining and updating their contact information, including providing a current, valid email address for receipt of notifications regarding the Program. Neither the Sponsor nor the Administrator is responsible for any omission, incomplete or incorrect information provided by a Participant. If a Reward cannot be delivered to a Participant due to incorrect, incomplete or inadequate contact information as provided by the Participant, the Participant may lose the right to receive the corresponding Reward.
- The Program includes a voluntary “Remove Me from the Program” function through the “Contact Us” section of the Program Website. Participants will have sixty (60) calendar days following submission of a removal request to redeem outstanding Points. On the sixty-first (61st) day after submission of a removal request, unredeemed Points will be void, eliminated from the Program system and the Participant’s membership will cease.
- Salon Administrators will have the ability to cancel a Salon’s participation in the Program at any time by writing to Kao via the “Contact Us” section of the Program Website. Upon the Salon’s cancelation of a Salon’s participation, the Salon will have sixty (60) calendar days to redeem any outstanding Points, after which time all remaining Points will void and the Salon’s membership will cease.
- Any unredeemed Points will expire for a Participant whose account has not earned Points for nine (9) consecutive months (hereafter, an “Inactive Account”). An Inactive Account may be terminated by Kao in its sole discretion and any unredeemed Points will be eliminated from the Program system.
- Kao reserves the right to disqualify any Participant and void any accumulated Points if Kao determines that participation in the Program, or receipt of a Reward, is in violation of these Terms and Conditions, and/or if the Participant is determined to be ineligible.
- A Participant’s registration in the Program constitutes acceptance by the Participant of these Terms and Conditions.
- To register for an account: An eligible Participant must visit https://www.thesalonalliance.ca/ (“Program Website”) during the Program Period, access the registration page, and complete the registration form for the Program. Upon proper completion and submission of the registration form (including acceptance of these Terms and Conditions) and Kao’s/Administrator’s acceptance of the registration, an online account will be created. There is a limit of one (1) online account per Participant. No responsibility is accepted by Kao/Administrator for late, lost, delayed, corrupted, illegible or incomplete registrations. By registering for the Program on the Program Website, Participant agrees to be bound by these Terms and Conditions. Once an applicant’s completed registration has been submitted to and accepted by Kao/Administrator, such applicant will become a Participant in the Program.
- To access an account: Any time after a Participant’s registration has been accepted, visit the Program Website during the Program Period.
- To earn Points: Participants must purchase Participating Products or participate in a Program Activity. Each Participating Product and Program Activity will have an associated value in Points, which will be listed on the Program Website. The corresponding number of Points for the purchase of the Participating Product or participation in a Program Activity will be credited to the Participant’s account as such purchases are reported by Kao to the Administrator. Once credited to the Participant’s account, Points can be redeemed by the Participant for Rewards in the Program Website catalog. Points are earned on a two (2) year rolling basis and expire on a first-in, first-out basis after two (2) years from the date of purchase. Participants also have the ability to purchase additional Points on the Program Website which will be credited to the Participant’s account once the purchase has been approved by the Administrator.
- If a Participant becomes ineligible for participation in the Program, the ineligible Participant’s account will be terminated. Once notified that the account is to be terminated, the ineligible Participant will have fifteen (15) days to redeem any Points they have accumulated for one or more Rewards. On the sixteenth (16th) day following notification of termination, unredeemed Points will be eliminated from the system and from the Participant’s records and neither the Sponsor nor the Administrator will be liable to Participant for the loss of value for any unredeemed Points.
- If the Sponsor, the Administrator, or their respective affiliates, employees or agents suspect any abuse, fraud (electronic or otherwise) or other misuse of the Program or determine that abuse, fraud or misuse has occurred, if technical difficulties compromise the Program's integrity, or any other type of malicious action is suspected, the Sponsor reserves the right to cancel the affected accounts and void, modify or terminate the Program immediately, at the sole and exclusive discretion of the Sponsor.
- All communications from a Participant, including suggestions or complaints, must be made through the "Contact Us" section of the Program Website or through the live chat function on the Program Website when available.
- The Participant will be able to access the Participant’s Points balance through the Participant’s account on the Program Website (where the Program Website will calculate and track a Participant’s Points balance). The Participant will only be able to access the Participant’s account history by logging in using the Participant’s credentials. The Participant is at all times responsible for taking any and all necessary precautions, measures or other steps while accessing such account information to ensure that any third party will be prevented from having access to Participant account information or any other sensitive or confidential information related to the Participant or any other third party.
- Participant acknowledges and agrees that it shall have no rights whatsoever to access, modify, label, copy or otherwise use any image, logo, trademark, content or any other information available at any times from though Program Website. Participant further acknowledges and agrees that all right, title and interest in, to and associated with any copyright, trademark, patent, trade secret right, or any other traditionally understood intellectual property right (“IP Right”) shall be owned at all times by Kao or any licensor of Kao, as appropriate, and Participant shall have no ownership rights whatsoever.
- Participant further agrees that any right, title and interest in, to and associated with any information, content or submissions it makes via the Program “Idea Exchange” functionality, including any related IP Rights, shall immediately upon submission be vested in and become the property of Kao. Participant shall waive any and all moral rights, and shall ensure that any employee, contractor or other individual who has contributed to any such submissions hall also waive any and all moral rights the Participant or its employee or agent may have in or to such information, content or submission.
III. PLACING REDEMPTION ORDER
- To redeem Points for Rewards, Participant’s must log in to their account, select a Reward from the available list of Rewards shown on the Program Website, and submit an order for the selected Reward. A Participant must have at least the required number of Points identified on the Program Website for a particular Reward in their account at the time the order for a Reward is placed. Administrator will not accept and process an order for a Reward until Administrator has verified a Participant’s compliance with all the Terms and Conditions of the Program. Verification and acceptance of a Participant’s order for a Reward may take up to five (5) working days.
- If a Participant discovers that a mistake has been made in an order for a Reward, Participant must contact the Administrator’s Customer Services Team immediately via the “Contact Us” section of the Program Website. Incorrect Reward orders must be corrected prior to acceptance of a Reward orderby Administrator to ensure delivery of correct Reward. Due to the Administrator’s rapid order processing system, Administrator cannot cancel an order for a Reward once such order has been verified and accepted.
- If a Participant orders software from Kao, the Participant acknowledges and agree that the Participant will also be bound by the terms and conditions of any such software license supplied with the software.
- Point values for Rewards are checked regularly by Kao and/or the Administrator. If Kao and/or the Administrator finds the Points value for a Reward changed prior to the submission of a Participant’s Reward order, Administrator will contact the Participant to determine if the Participant wishes to proceed with the Reward order (assuming the Participant’s account has a sufficient number of Points to proceed). If a Participant does not respond or has an insufficient number of Points in the account to proceed with the Reward order, Administrator will treat the Reward order as cancelled, notify the Participant of such cancellation, and refund the Participant’s Points. If Administrator is unable to accept a Reward order for other reasons, then Administrator shall refund any Points related to that Points redemption order and notify Participant with an explanation.
- While Kao and/or the Administrative have exercised commercially reasonable care to accurately described each Reward, Participant acknowledges and agrees that Reward descriptions may not be completely accurate nor can they, or the Rewards, be guaranteed as manufacturers´ specifications may change. In the event that a manufacturer’s specifications change substantially after a Participant places a Reward order, Administrator will notify Participant and, when possible, offer Participant a substitute Reward of the same or better quality at the same Points value. Sizes quoted are approximate. Installation and batteries are not included unless otherwise specified. Reward images are for reference only and do not represent the exact Reward item or color.
- Delivery of any Reward is subject to the Reward supplier’s policies, the Participant’s compliance with the applicable local and national laws related to delivery of the Reward, and verification of the Participant's eligibility to participate in the Program. Participants are responsible for all taxes payable in connection with the acceptance of any Reward.
- Administrator will generally deliver any Rewards selected by a Participant within 4-6 weeks of Participant’s selection. However, if a Participant has not received the Reward within 6 weeks of the Reward order, Participant must contact Administrator through the "Contact Us" section of the Program Website. Neither the Sponsor nor the Administrator will be responsible for complaints made six (6) months or more after the date of the Points redemption order. Rewards will only be delivered to addresses in Canada.
- Neither the Sponsor nor the Administrator will be responsible to the Participant or to any third party for a delay in delivery of a Reward caused by the Reward supplier, the unavailability of a Reward (please refer to Section II.H. for unavailability of a Reward), or for delays attributed to couriers, postal services or any other logistics-related issue. If a Reward chosen by a Participant is not available at the time of Points redemption, the responsibility of the Sponsor is limited to returning the applicable Points to the Participant’s account to be redeemed for another Reward.
IV. REWARDS SHIPPING AND HANDLING
- Shipping and handling charges are included in the Point value of a Reward. A Participant must enter the "Ship To" information at the time that the Reward is chosen for Points redemption.
- Administrator is not liable for inaccurate shipping information provided by a Participant. If a Reward is returned as undeliverable and must be reshipped, Participant will be responsible for any corresponding incremental shipping costs.
- Administrator (or its contractor or agent) will make two (2) attempts for delivery of the Reward. In the event that a Reward cannot be delivered after two (2) attempts and must be reshipped by Administrator to a Participant, Participant is responsible for any corresponding incremental shipping costs.
- In the event that the Participant makes in inquiries or complaints regarding any delayed shipping of a Reward, such inquiry or complaint shall be forwarded by Administrator to Kao for Kao to address and respond.
V. REWARDS RETURN/CANCELLATION POLICY
- Participants are encouraged to inspect their Reward to ensure the Reward is correct and free from defects or damage as soon as the Reward is received. In the unlikely event that a Reward is damaged, faulty or incorrect, the Participant should contact Administrator’s Customer Services Team via the “Contact Us” section of the Program Website as soon as possible for information on how to proceed.
- Do not return a Reward until instructed by Administrator to do so. If a Participant is asked to return a Reward, the Participant must ensure that the returned Reward is securely packaged. Please also provide a full description of the damage, fault or error and return the Reward to Administrator together with any warranties, manuals, and accessories. A Reward damaged in transit on return cannot be replaced.
- Most Rewards consisting of goods or merchandise are backed by manufacturer’s warranties.
- ACADEMY CANCELLATION POLICY -All cancellations of Rewards must be received by no later than thirty (30) days prior to the date of the scheduled program to be eligible for a full refund. Any cancellations within thirty (30) days of such date will receive a credit toward a future program in the current calendar year.
VI. REWARDS CONSISTING OF TRAVEL AND EXPERIENTIAL ACTIVITIES
- All Rewards consisting of travel and experiential activities are subject to availability, and available locations are included within the Reward descriptions. When Participant books Rewards consisting of travel or an activity, the booking will be made directly with the Reward supplier and will become subject to the terms and conditions of that supplier. Administrator strongly recommends that Participants obtain adequate insurance coverage for the activity undertaken.
- Participant releases Sponsor and Administrator, their respective advertising and promotion agencies, the Rewards suppliers, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, and licensees (collectively, the "Released Parties") from any and all claims, demands, fees, losses, or damages of any of nature resulting in whole or in part, directly or indirectly, out of or in connection with Participant's participation in the Program and the use or misuse of any Reward including, without limitation, any claims based on infringement of intellectual and/or proprietary rights, publicity rights, defamation, or invasion of privacy.
- By receiving a Reward, Participant agrees to indemnify and hold harmless the Released Parties from and against any and all claims, demands, fees, losses, or damages of any of nature, including, without limitation, loss or damage to property and/or injury to persons, including death, or expense (including court costs and legal counsel fees) that they may suffer or incur as a result of or in connection with Participant's participation in the Program and/or acceptance, use or misuse of any Reward.
- UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF PARTICIPANTS' PARTICIPATION IN THE PROGRAM, POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM THE PROGRAM WEBSITE OR ANY WEBSITE OWNED, OPERATED, OR CONTROLLED BY ANY RELEASED PARTY, THE PROGRAM OR REWARDS OFFERED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OR DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
- Released Parties are not responsible for any typographical or other errors or inaccuracies in the Program or any messaging related thereto, or for any Program materials or messaging that may not be complete or current. Sponsor reserves the right to correct any errors, inaccuracies, or omissions and to change or update Program information at any time without prior notice but does not guarantee that any errors, inaccuracies, or omissions will be corrected. Sponsor reserves the right to refuse to redeem any Points or award any Rewards based on information that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding Rewards or Points. PARTICIPANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAW, THE AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED CAD $100.00.
- These Terms and Conditions constitute the entire agreement between Participants and Sponsor pertaining to the subject matter hereof.
- If any one or more provisions of these Terms and Conditions are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, effect, or enforcement of any other provision or provisions of these Terms and Conditions.
- Neither the Sponsor, the Administrator, nor their respective affiliates, subsidiaries, suppliers, contractors, or advertising agencies will be responsible for incomplete or incorrect information entered or otherwise provided by Participants in the Program, for phone network or software problems , for lost, damaged, or delayed transmission of data sent by Participants, or for any combination of the foregoing.
- Neither the Sponsor nor the Administrator will be responsible for any Participant's action that attempts to or successfully disrupts the integrity of the Program, in the form of false information (like invoices, codes, serial number, or any other), false notes, redemptions of Rewards using Points that do not belong to the Participant, ownership of confidential information, or any other fraud causing losses to the Sponsor and/or to the Administrator. If any of these previous circumstances are suspected, the Sponsor and the Administrator reserve the right to act legally against anyone who has committed them, being able to use any legally applicable action. It is expressly understood that if a Participant is suspected of any of the previously described actions, it will lose any rights to redeem the Points accumulated throughout the Program. The Sponsor and the Administrator reserve the right to cancel the participation of any Participant who is suspected to have committed any of the previously described actions in other programs that the Sponsor and the Administrator operate, or in any other future programs.
- Any attempt to damage any website, including but not limited to the Program Website, or to sabotage or prevent the Program from operating, constitutes a violation of Relevant Law and the Sponsor and/or the Administrator reserve the right to seek reimbursement for any losses.
- Any legal proceedings arising out of this Program or relating to these Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. All parties hereto irrevocably waive any objection on the grounds of venue, forum non-convenience, or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts located in Toronto, Canada. The parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising out of this Program or relating to these Terms and Conditions. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn in English.
- Rewards: Items, activities, or awards set forth in the Program’s Rewards catalog (including, but not limited to, merchandise, select Kao products, travel awards, experiences, etc.) that a Participant can elect to receive by redeeming Points that have been credited to the Participant’s account.
- Participating Products: Products sold my Kao Canada Inc. that have an associated value in Points. The Points value for each sub-brand is listed on the Program Website.
- Points: The incentive currency that the Participants earn for purchasing the Participating Products and participating in Program Activities to be exchanged for Rewards.
- Program Period: The time during which the Program will be awarding Points, starting on as early as 2015 and renewing annually until terminated by Kao.
- Program Activity: Training and education courses, answering short surveys upon request and registering in the Program.
- Relevant Law means, in relation to a jurisdiction, the statues, common laws, and regulations promulgated by governmental instrumentalities and that are capable of being enforced in a court of law in that jurisdiction.
Kao USA Inc.
100 North Charles Street, 15th Floor
Baltimore, MD, 21201