Last Updated: Aug, 2022
Membership
The Brighca Prestige Club customer loyalty program (“Program”) is offered by Brighca, Inc. (“Brighca”) to customers making purchases of Brighca products through Brighca’s website at brighca.com. Under this Program, Brighca will extend the benefits described in more detail below and any additional benefits that may be extended from time to time. These terms and conditions (“Program terms”) form the agreement between a Program member (“Member”) and Brighca with respect to the Program. When accessing the Program through brighca.com Members are also subject to the Terms & Conditions. To the extent there are conflicts between these Program Terms and the brighca.com Terms of Use, these Program Terms will control.
Eligibility for Membership
The Program is open to anybody at least 18 years of age. The Program is free to join (no purchase is required to do so). Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships or any other type of entity or group unless written approval is received in advance from Brighca, in its sole discretion.
Acceptance of Terms
By participating in the Program, Members are agreeing to these Program Terms.
Changes or Program Termination
Brighca reserves the right to change these Program Terms or terminate the Program at any time, for any reason and without prior notice and Brighca will have no liability to any Members or otherwise with respect to any such change or termination. Brighca will post any changes to these Program Terms or notice of Program termination here and update the “Last Updated” date above when such change or termination occurs. Any such changes or termination will be effective upon such posting. Elemis may also email Members about any such changes. A Member’s continued participation in the Program after a Program change will confirm the Member’s acceptance of such changes.
Enrollment
Individuals can enroll in the Program by creating an account at brighca.com and accurately completing the required enrollment information. Members should promptly advise Brighca of any changes to their name, address, telephone number(s) and/or email address by visiting My Account at brighca.com and updating their Member account information or email our customer service at help@brighca.com.
Program Communications
Unless a Member has opted out of receiving marketing communications by clicking the “unsubscribe” link located in the disclosures portion of emails from Brighca relating to the Program or by contacting Brighca at help@brighca.com, by enrolling in the Program, Member has agreed to receive marketing-and the product-related communications from Brighca in a variety of forms, including, but not limited to, emails, text messages and physical mailings. Member is responsible for ensuring that Brighca has a current, valid email address and a phone number for that Member that is capable of receiving messages. Brighca will also use these channels to communicate Program changes and other matters as deemed appropriate in the discretion of Brighca. Please note that even if a Member opts out of receiving Program, marketing or promotional communications, Brighca may, in its discretion, continue to send that Member non-marketing or non-promotional emails, such as those about the Member’s account.
Earning Program Points
Members will receive points (“Program Points”) on their Member account through Qualifying Purchases (defined below) and participation in special programs and promotional offers that may be announced by Brighca in its sole discretion from time to time. The amount of Program Points in a Member’s account is used to determine the Program tier status of the Member. Additional information regarding Program Points is set forth below:
Qualifying Purchases: Purchases of merchandise (after promotional discount offers have been applied, before taxes and shipping charges have been applied and reduced by returns, refunds or credit adjustments, rounded to the nearest dollar) made online at un.elemis.com (“Qualifying Purchases”) count toward Members’ Program Points accrual. Generally, a Program Point will accrue for each $1.00 spent for a Qualifying Purchase, rounding up to account for cents in a purchase, through certain promotions or offers may provide for different Program Points accrual.
Exclusions from Qualifying Purchases: Program Points will not be awarded on unauthorized or fraudulent purchases, the purchase of gift cards or purchases made with gift cards. Program Points will also not be awarded if, in Brighca’s determination, the merchandise purchased will be used for resale or commercial use and any Program Points previously awarded on such purchases will be forfeited.
Email Address: A current, valid email address is required for a Member to be able to participate in the program and receive Program Points. Members must notify Brighca of any change of email address by updating Member account information online at brighca.com.
Member Identification: Members must identify themselves with their applicable Member account email address to receive credit for Qualifying Purchases made through brighca.com. Members must sign into their online accounts before checkout in order to receive Program Points.
Processing of Program Points: Program Points earned from purchases on brighca.com are not credited until 30 days after the date of a Qualifying Purchase. Once Program Points are credited to a Member’s account, the Program Points are deemed to be accrued as of the date of the Qualifying Purchase.
Promotional Offers: Special programs and promotional offers for earning Program Points may be made from time to time in Brighca Discretion. Such offers will be subject to the terms and conditions specified in the applicable program or offer.
Program Points Balance: Members may view Program Points balance at any time by visiting their Member account page at Brighca.com.
Program Tiers and Benefits
The Program consists of three tiers, each with an increasing number of benefits available to Members. Eligibility for each tier is determined by the number of Program Points a Member has earned within each 12-month period, the first of which begins on the date when a Member enrolls in the Program. The benefits applicable to each tier are described at brighca.com/prestige-club, but free shipping on all orders on brighca.com to the 50 U.S. states to all tiers. Members must be signed into their Program account at the time of purchase for free shipping to apply. This free shipping benefit cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping will be automatically applied at checkout. See brighca.com/delivery for shipping details. The three tiers and the number of Program Points required for a Member to be eligible for that tier are as follows:
Tier 1, Insider 0-349 Program Points
Tier 2, VIP 350-899 Program Points
Tier 3, Prestige Gold 900+ Program Points
Expiration of Program Points & Tier Status
Program Points are valid for one year from a Member’s Program “anniversary date.” This is the anniversary of the date the Member enrolled in the Program and occurs on a 12-month cycle. On a Member’s anniversary date each year, the Member’s Program Points reset to zero until the Member Start accumulating new Program Points. A new Member will automatically be placed in Tier 1, Insider and be eligible for the benefits of that tier. Members will be automatically moved up to the next tier (up to Tier 3, Prestige Gold) when they earn Program Points during each 12-month period sufficient to make them eligible for such upward move. After a Member’s initial 12-month period, each subsequent 12-month membership period shall commence with the Member having the tier status as in effect on the last day of the immediately preceding 12-month period. Such tier status shall continue through the end of that succeeding 12-month period and the next 12-month period shall be based on that prior year’s tier status. For example, if a Member joins the Program on January 1, 2020 and achieves Tier 2, VIP status within the first 12-month period of Membership, when the second 12-month period begins on January 1, 2021, the Member’s Program points reset to zero, but the Tier2, VIP status continues through December 31, 2021. But if during that second year the Member hasn’t accumulated enough new points to maintain that Tier 2, VIP status, the Member’s status will reset to Tier 1, Insider on January, 2022.
Returns
Returns of merchandise must be made in accordance with Brighca’s return policy available at brighca.com/returns. Upon the return of an item accepted by Brighca, the amount spent on that item and the Program Points applied to Member’s account for the original purchase will be deducted from the Member’s account.
Membership Revocation or Cancellation
Brighca reserves the right to revoke the membership of any Member and/or revote any or all benefits that the Member may have earned at any time in Brighca’s sole discretion. In addition, membership will be revoked if, in the sole determination of Brighca, the Member abuses any aspect of the Program, including, but not limited to, fraudulently using the Program, failing to comply with these Program Terms or otherwise earning Program benefits through deception, forgery and/or fraud. In the event that Brighca revokes a membership or terminates the Program for any reason, all Program Points and benefits accrued in the Member account will be forfeited. If a Member decides to no longer by a part of the Program, the Member may cancel their membership by contacting help@brighca.com. If a membership is cancelled, all accumulated Program Points, benefits and tier status will automatically expire.
Account Inactivity
If a Member’s account is inactive for a period of thirty-six (36) consecutive months without any Account Activity, that account will automatically be terminated. “Account Activity” means a Qualifying Purchase linked to a Member’s account. Neither logging into a program account by itself nor use of Program Points is considered “Account Activity.”
Membership Transfers Not Permitted
Program memberships, Program Points and benefits may not be merged, transferred, purchased, offered for sale, sold, assigned or traded, including as a result of the death of a Member or as part of a domestic relations agreement. Doing so will void the Member’s account.
No Cash Value
Program Points and benefits have no cash value, are not exchangeable for cash and may not be used to purchase merchandise or otherwise as payment of any outstanding obligation to Brighca.
Data Privacy
Brighca’s Privacy Policy is applicable to the Program. See Privacy Policy for information about Brighca’s privacy policy. The Privacy Policy may be updated from time to time, in which case a Member’s engagement in any Account Activity shall be deemed consent to the then current version of the Privacy Policy.
Related Taxes
Member is liable and responsible for the payment of any applicable federal, state or local income, sales, use or other taxes which may result from Member’s participation in the program.
Time Limit on Claims and Governing Law
No Claim of any nature arising out of or related to a member’s participation or proposed participation in the Program maybe brought against any Brighca Party (defined below) by a Member more than six months after the cause of action relating to such claim arose. Subject to the provisions below dealing with mandatory arbitration, these Program Terms and the relationship between a Member and Brighca and the Program shall be governed by the laws of the State of New York, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
EXCEPT FOR DISPUTES THAT QUALIFYING FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESES PROGRAM TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN A MEMBER AND BRIGHCA AND THE PROGRAM, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATIO OR ANY OTHER LEGAL THEORY AND THETHER BASED ON FEDERAL OR STATE LAW (“DISPUTE”) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION AS DESCRIBED BELOW INSTEAD OF IN A COURT BY A JUDGE OR JURY AND EACH MEMBER AGREES THAT THE MEMBER IS WAIVING THE RIGHT TO TRIAL BY A JURY.
A DISPUTE REQUIRING MANDATORY ARBITRATION UNDER THESE PROGRAM TERMS SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ORANGE COUNTY, CA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE THEN PREVAILING CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BEFORE A NEUTRAL ARBITRATOR. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF COMPETENT JURISDICTION. EACH MEMBER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
THE ARBITRATION WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY A MEMBER OR BY BRIGHCA THAT AN IN-PERSON HEARING IS APPROPRIATE. ANY IN-PERSON APPEARANCES WILL BE HELD AT A LOCATION WHICH IS REASONABLY CONVENIENT TO BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES. IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, SUCH DETERMINATION SHALL BE MADE BY THE AAA OR BY THE ARBITRATOR. THE ARBITRATOR WILL HAVE AUTHORITY TO AWARD TEMPORARY, INTERIM OR PERMANENT INJUNCTIVE RELIEF OR RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THESE TERMS, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBIRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION. THIS MANDATORY ARBITRATIO PROVISION SHALL NOT APPLY IF A MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY OF BRIGHCA’S INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE BRIGHCA MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN ORANGE COUNTY WITHOUT TO POST A BOND.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY OTHER PROVISION OF THESE PROGRAM TERMS OR IN THE AMERICAN ARBITRATION ASSOCIATION’S CONSUMER ARBITRATION RULES, DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER MAY BE RESOLVED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. IN ANY CASE IN WHICH (I) THE DISPUTE IS FILED AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AND (II) THERE IS A FINAL JUDICIAL DETERMINATION THAT ALL OR PART OF SUCH CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION, TO THAT EXTENT, MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION, BUT THE PORTION OF SUCH CLASS ACTION WAIVER THAT IS ENFORCEABLE SHALL BE ENFORCED IN ARBITRATION.
LIMITATION ON LIABILITY
SUBJECT TO LIMITATIONS UNDER APPLICABLE LAW, NEITHER BRIGHCA NOR ANY OF ITS AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR AGENTS (COLLECTIVELY, “BRIGTHCA PARTIS”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO ANY MEMBER’S PARTICIPATION IN THE PROGRAM IN EXCESS OF ONE HUNDRED DOLLARS ($100.00). THIS APPLIES EVEN IF SUCH DAMAGES ARE FORESEEABLE OR EVEN IF BRIGHCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property
All design, text, graphics, logos, images, titles, phrases, and product names related to the Program and the copyrights, trademarks, service marks, trade dress and/or other intellectual property appurtenant to such materials are owned by Brighca and may not be utilized in any manner by Members.
Additional Restrictions
Additional restrictions may apply of Brighca and its affiliated companies and employees of companies with which Brighca does business
Questions
For all questions about the Program or a Member account, please contact Brighca at help@brighca.com.