Effective Date: November 8, 2022
Table of Contents
1. Reward Terms Introduction
The Reward Terms detail the rights relating to the provision of the Reward Program, please review them carefully as they are a legally binding agreement between the Client (“you” and “your”) and Vostra Moda.
Unless the context otherwise clearly indicates, all capitalized terms used in the singular include the plural and vice versa.
Reward Programs are more fully described in Exhibit A and any other exhibits as may be incorporated under the Reward Terms.
2. What Are The Terms?
Additional terms and conditions or policies may apply to your use of the Reward Program, all of which documents are incorporated herein by this reference:
Each of these documents, including the Reward Terms, may be changed from time to time and are effective immediately upon posting such changes on the Site.
- Check the Terms Changes section for full details related to the Reward Terms guidelines on changes.
The Parties have agreed that the Client would like Vostra Moda to provide the Reward Program as described in Exhibit A.
- The Reward Terms, and
2.1 Your Acceptance of the Reward Terms
By using the Reward Program, you acknowledge, accept, and agree with all provisions of the Reward Terms in full, including a binding arbitration dispute resolution process. If you do not agree to the Reward Terms, please do not use the Reward Program.
3. Program Participation
The Reward Program is offered to past or present Clients as a way for us to say thank you to our clientele. To participate, you must have an open account with no arrears.
3.1 Restricted Age
The Reward Program is not targeted at anyone under the age of eighteen (18) years of age. A Client under eighteen (18) years of age must obtain verifiable consent from a parent or legal guardian to participate.
3.2 Program Enrollment
All Clients, excluding those of a restricted age, are automatically enrolled in the Reward Program and, subject to removal from the program, remain enrolled indefinitely.
3.3 Program Communication
You will receive emails relating to your participation in the Reward Program to the email address in your account. It is your sole responsibility to keep this information up to date.
4. Program Rules
You may use the Reward Program, solely for your non-commercial, personal purposes and/or to share about us, and our Offerings and opportunities.
4.1 Referral Program Rules
We may invite you to participate in our referral program to encourage people to use Styling Services. Participating in a referral program by referring people or signing on with a referral code can be a great way for you to receive a variety of optional rewards made available by us at our sole discretion from time to time (the “Referral Reward”).
Referral Program rules (the “Referral Rules”) apply to referral programs that are administered solely by Vostra Moda. By sharing your referral code or by signing on with a referral code, you agree to be bound by these rules.
Violation of the Referral Rules may prevent you from participating in any of our referral programs, now or in the future, and could also result in the forfeiture of Referral Rewards or the deactivation of your account.
Who is eligible to be a referrer?
Anyone may be a referrer who is a past or present Client with an open account and no past-due debt.
Who is eligible to be a referee?
Eligible referees may include your friends, family, and other people with whom you have a personal relationship. You yourself are not eligible to be a referee.
Eligible referees must be new Clients that have previously completed the client sign-on process prior to redeeming the referral code.
How can I use my referral code?
Referral codes may only be shared with people you know via email, in-person, SMS, and on your social media accounts.
You agree you will not:
- Sell, trade, or list for sale referral codes;
- Send referral codes in bulk emailing, spamming, or via unsolicited emails;
- Purchase keywords that contain any of our trademarks;
- Use automated means to distribute, post, or otherwise share your referral code;
- Use your referral code in any manner that violates the law or the rights of anyone else.
How do I claim referral rewards?
Both referrers and referees claim Referral Rewards after the referee successfully completes the client sign-on process.
How do I redeem referral rewards?
As a referrer: We will send a Redemption Email (as defined below) to the email address in your account to discuss a schedule for the redemption of the Referral Reward.
As a referee: The Referral Reward will be redeemed at the term set forth by your Styling Service.
We reserve the right to change, end, or pause, any referral program, as well as any referrer’s or referee’s ability to participate or receive Referral Rewards at any time and for any reason.
4.2 Loyalty Program Rules
We may invite you to participate in our loyalty program to reward repeat Clients who purchase Styling Services. Participating in a loyalty program by signing on as a repeat Client, can be a great way for you to receive a variety of optional rewards made available by us at our sole discretion from time to time (the “Loyalty Reward”).
Loyalty Program rules (the “Loyalty Rules”) apply to loyalty programs that are administered solely by Vostra Moda. By signing on as a Client, you agree to be bound by these rules.
Violation of the Loyalty Rules may prevent you from participating in any of our loyalty programs, now or in the future, and could also result in the forfeiture of Loyalty Rewards or deactivation of your account.
Who is eligible to receive Loyalty Rewards?
Eligible participants must be repeat clients of any of our 1:1 personal styling services with an open account and no past-due debt.
How do I claim loyalty rewards?
Loyalty rewards are claimed after successfully completing the client sign-on process.
How do I redeem loyalty rewards?
Your loyalty rewards will be redeemed during the term of your styling service.
We reserve the right to change, end, or pause, any loyalty program, as well as any Client’s ability to participate or receive Loyalty Rewards at any time and for any reason.
5. Reward Redemption
Rewards can be claimed by affirmatively confirming receipt of our email communication regarding your redemption of such rewards (the “Redemption Email“).
5.1 Reward Expiry
Rewards do not expire and once claimed, can be redeemed at an agreed-upon schedule by both Parties.
5.2 No Cash Value
Rewards earned through the Reward Program have no cash equivalent and are non-transferable.
6. Term and Termination
The Reward Terms will apply for as long as you participate in the Reward Program until terminated.
We may terminate the Reward Terms or your participation in the Reward Program:
- Immediately, and without notice, if you violate the Reward Terms; or
- Immediately, and without notice, if your account is unauthorized, deceptive, fraudulent, or otherwise unlawful.
Upon termination, unclaimed or unredeemed rewards are void.
You can opt-out, thereby terminating your participation in the Reward Program, by contacting us with a request to discontinue Reward Program participation.
You can request reinstatement to participate in the Reward Program, however, it is at our sole discretion to allow such reinstatement.
You will indemnify, defend, and hold Vostra Moda, and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, harmless from and against any and all, demands, liabilities, losses, damages, costs, expenses (including attorneys’ fees and costs) incurred or suffered by or threatened against us in connection with or as a result of any claim brought by or on behalf of any third-party as a result of or in connection to our appearance or association with you unless such claim arises from our acts or omissions or arises from breach of any obligation and/or warranty made by us hereunder.
8. Disclaimer of Warranties
The Reward Program is provided “as is” and on an “as available” basis. We make no warranties whatsoever.
You are responsible for your own achievements and success. We do not promise that you will take any specific action or attain specific goals.
We explicitly disclaim all warranties whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or compliance with laws or government rules or regulations applicable to the Reward Program.
We make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Reward Program.
9. Limitation of Liability
To the extent allowable by law, in no event will Vostra Moda and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, be liable for lost profits, business interruption, or for any indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to the Reward Program (however arising, including negligence).
Our liability and the liability of its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, to you for damages for any and all causes whatsoever, and your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, will be limited to the fees paid under the Reward Terms in the preceding six months.
10. Dispute Resolution
The Parties will attempt to resolve any dispute out of or relating to the Reward Terms through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
The Reward Terms will be governed and construed in accordance with the laws of New Hampshire without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Reward Program, the Reward Terms, or the breach thereof will be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of any such arbitration will be in Hillsborough County, New Hampshire. The Parties also agree that the AAA Optional Rules for Emergency Measures of Protection will apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Reward Program or the Reward Terms. Notwithstanding the foregoing, any action seeking injunctive relief will be submitted to the courts and will not be subject to this provision.
No arbitration relating to the Reward Terms will include any additional person not a party to the Reward Terms except by written consent of you, us, and the additional persons in question.
In no event will any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitation.
If the disputed amount is less than the jurisdictional limit for small claims, such a court will be used in place of arbitration.
Should there be any legal action between the Parties or arising out of the Reward Terms, the prevailing party will be paid reasonable legal fees agreed upon through arbitration.
Any claim not subject to arbitration will be governed by the laws of the State of New Hampshire, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Hillsborough County, New Hampshire. You consent to personal jurisdiction in the state and federal courts located therein and hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens.
11. Force Majeure
We will not be deemed in breach of the Reward Terms if we are unable to complete the Reward Program or any portion thereof by reason of fire, earthquake, labor dispute, an act of God or public enemy, death, pandemic, illness, or incapacity or any local, state, federal, national or international law, governmental order or regulation or any event beyond our control (collectively, “Force Majeure Event“).
Upon the occurrence of a Force Majeure Event, we will give you notice of our inability to perform or of delay in completing the Reward Program and will propose revisions to the schedule for completion of the Reward Program.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. As a result, current federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. These regulations and requirements are ever-changing and may change between the time the Styling Terms are signed and any Styling Service are performed. We will use our best efforts to comply with all current regulations but will not be responsible for any changes that occur between the date of execution of the Styling Terms and the provision of any Styling Service.
We have put in place preventative measures to reduce the spread of COVID-19. Nonetheless, we cannot guarantee that you, anyone in attendance during the Styling Service, or any visitor to the location where Styling Service is performed (the “Premises“) will not become infected with COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that any person present during the Styling Service or any visitor to the Premises may be exposed to or infected by COVID-19 by allowing us to perform the Styling Service and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to attendees of any Styling Service or visitors to the Premises, illness, damage, loss, claim, liability, or expense, of any kind.
You hereby release, discharge, and hold us harmless from any liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.
You also agree that in the event we must postpone or cancel any Styling Service due to the COVID-19 pandemic, you agree that we will not refund amounts already paid, but will resume the Styling Service as soon as practicable.
13.1 No Waiver
Any failure of either party to enforce any provision of the Reward Terms, or any right or remedy provided for therein, will not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.
If any provision of the Reward Terms is or becomes illegal, unenforceable, or invalid, such provision will be enforced to the maximum extent permitted and the remainder of the Reward Terms will remain in full force and effect without being impaired or invalidated in any way.
Any rights or obligations contained herein that by their nature should survive termination of the Reward Terms will survive, including, but not limited to representations, warranties, indemnity obligations, limitations of liability, and dispute resolution clauses.
13.4 Jointly Drafted
Each party has participated in negotiating and drafting the Reward Terms, such that if any ambiguity or question of intent or interpretation arises, the Reward Terms will be construed as if the Parties had drafted it jointly, as opposed to being construed against a party by reason of the rule of construction that a document is to be strictly construed against the party on whose behalf of the document was prepared.
14. How to Contact Us
All notices or communications will be by email or in writing. Email is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.
Vostra Moda, LLC.
159 Main Street
Nashua, NH 03060
Email: hellobri [at] vostramoda.com
Contact form: Send a message
Monday – Friday: 9:00 am – 4:00 pm ET
Saturday – Sunday: Closed
15. Terms Changes
We reserve the right to modify the Reward Terms at any time, without notice, and for any reason. It is your responsibility to check the Reward Terms periodically for changes.
Your use of the Reward Program following any such modification constitutes your acceptance and agreement to the Reward Terms as modified.
- November 8, 2022
- edit Section 1.1 Definitions, to include reference to the Styling Terms.
- edit Section 2.1 Acceptance of the Reward Terms, to include reference to the arbitration dispute resolution policy.
- fix Typographical and grammatical errors, and clarified existing text.
- March 10, 2022
- Initial release
16. Exhibit A
You request we provide the Reward Program as set forth on the program page of…
We reserve the right to change, modify, discontinue or cancel the Reward Program and program page at any time, without notice, and for any reason. It is your responsibility to check the rewards page periodically for changes.
Upon Cancellation, we will notify Clients with unclaimed rewards to explain the cancellation, when it takes effect, and to propose revisions to the schedule for completion of the Reward Program.