Deva Perks Program Terms
Effective Date: February 23, 2023.
PLEASE READ THESE PROGRAM TERMS CAREFULLY. THEY REQUIRE MANDATORY BINDING ARBITRATION FOR RESOLUTION OF DISPUTES, WHICH MEANS A JURY WILL NOT HEAR ANY POTENTIAL CLAIMS, AND A CLASS ACTION WAIVER PROVISION. THEY ALSO CONTAIN LIMITATIONS ON DEVACURL’S LIABILITY. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE PROGRAM TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND AND AGREE TO THESE PROGRAM TERMS.
NO PURCHASE IS NECESSARY to become a Deva Perks Member.
The Program can change from time to time, so be sure to continue to refer to the Program Terms for the latest details and news. We are also constantly improving the Program and we may have exciting new offers. DevaCurl reserves the right, in its sole discretion, to cancel, change, modify or discontinue the Program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, tiers, conditions of tiers or benefits accruing to tiers, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the Program at any time, with or without advance notice, even though changes may affect points and rewards already in your account.
To be eligible for the Program, you must be 16 (sixteen) years of age or older and a legal resident of the U.S. Eligible minors must obtain their parent’s or legal guardian’s consent prior to participation. Membership in the Program is limited to individuals and one Account (as defined below) per individual.
To access or participate in the Program, you agree to (1) register for a DevaCurl account (the “Account”) via www.devacurl.com (the “Website”); (2) comply at all times with these Program Terms; (3) comply at all times with all applicable laws; and (4) comply at all times with DevaCurl’s Terms & Conditions, DevaCurl’s Purchase Terms and Return Policy, and DevaCurl’s Subscription Terms. DevaCurl reserves the right, in its sole and absolute discretion, to require any type of proof (including without limitation proof of identity, eligibility and/or compliance with these Program Terms in a form acceptable to DevaCurl) for the Program, including Program participation and Points or Rewards receipt.
Membership Tiers and Benefits
The Program includes three membership tiers (each, a “Tier”) in the Program: (i) “Curl Admirer”; (ii) “Curl Champion”; and (iii) “Curl Knockout”. All membership tiers enjoy a variety of benefits made available by DevaCurl in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including select eligible products, discounts, or other rewards (“Rewards”), special offers, exclusive events and advance access to products) will be determined by DevaCurl in its sole discretion and are subject to availability.
Curl Admirer - All Members are automatically placed in the Curl Admirer tier upon enrollment. Subject to removal from the Program, a Member will remain a Curl Admirer indefinitely unless the minimum annual spend required for Curl Champion or Curl Knockout status is met. Curl Admirers receive the following Benefits:
- 25 Points when you create an account and join
- 50 Points as a Birthday Reward every year (if you let us know your birthday)
- Early access to new product launches
Curl Champion – Curl Champion status is conferred on Program Members who spend a minimum of $250 on Eligible Purchase Transactions (as defined below) during a 12-month period; Curl Champion status is good for the 12 months after you have qualified. (For example, if you qualify for Curl Champion status on July 15, 2023, you will remain a Curl Champion until July 15, 2024.) If a Member does not requalify for Curl Champion status and does not qualify for Curl Knockout status during the 12-month period as a Curl Champion, the Member will revert to Curl Admirer status. Curl Champions receive the following Benefits:
- 50 Points awarded when you enter the Curl Champion Tier
- 100 Points as a Birthday Reward every year you are a Curl Champion (if you let us know your birthday)
- Access to exclusive promotions
- Early access to new product launches
Curl Knockout - Curl Knockout status is conferred on Program Members who spend a minimum of $450 on Eligible Purchase Transactions during a 12-month period; Curl Knockout status is good for the 12 months after you have qualified. (For example, if you qualify for Curl Knockout status on July 15, 2023, you will remain a Curl Knockout until July 15, 2024.) If a Member does not requalify for Curl Knockout status and does also not qualify for Curl Champion status during the 12-month period as a Curl Knockout, the Member will revert to Curl Admirer status. Curl Knockouts receive the following Benefits:
- 100 Points awarded when you enter the Curl Knockout Tier
- 150 points as a Birthday Reward every year you are a Curl Knockout (if you let us know your birthday)
- Access to exclusive promotions
- Early access to new product launches
- Early access to new product samples
- Holiday gift from DevaCurl
After you have applied for and been accepted as a Program Member, each time you complete a transaction to purchase an item or items on the Website while logged in to your Account, you will be credited with having completed an eligible transaction (an “Eligible Purchase Transaction”). You will earn one (1) DevaCurl Perks point (“Point(s)”) for every dollar spent on an Eligible Purchase Transaction (excluding applicable taxes and shipping, and after any applicable Rewards or other discounts are applied, in each case rounded down to the nearest dollar). Points for Eligible Purchase Transactions will be automatically awarded to your Account after the items purchased in an Eligible Purchase Transaction have been marked as shipped to the address you provided. If you return an item after purchase, the Points that were earned through your purchase of that item will be deducted from your Points balance.
Program members can also earn Points by participating in other activities (each an “Eligible Activity”) connected to the Program. As of the Effective Date of these Program Terms, you can earn the following Points by completing the following Eligible Activities:
- EMAIL SIGN UP: Earn 10 Points for when you sign up to receive marketing emails from us. Must be logged in to your Account when signing up.
- TAKE OUR CURL QUIZ: Earn 20 Points for taking our Curl Quiz. Must be logged into your Account. Go to the Rewards page and click on the “Take Our Curl Quiz” link, then complete and submit the quiz to earn your points.
- SET UP A SUBSCRIPTION: Earn 15 Points when you start a subscription order. Must be logged in to your Account when setting up the subscription order. Subscription orders are subject to our Subscription Terms.
From time to time, DevaCurl may offer new and different ways for you to earn and redeem Points. Sometimes earning and redeeming Points may be subject to Additional Terms disclosed at the time of the offer. To be eligible to earn Points and receive and redeem Rewards, you must be in compliance with these Program Terms and any Additional Terms, including those that may apply to specific Program Tiers. Rewards are subject to availability.
It's our hope that you redeem your Points on a regular basis. All unredeemed Points will expire when a Program Member has, in DevaCurl’s sole determination, not engaged in activity associated with his, her or their Program membership Account (for example, no Points have been earned through Eligible Purchase Transactions or other Eligible Activities, no Rewards have been redeemed, or no Eligible Activities or other Program activities have been completed) for 12 months or more. Please note that Points awarded to you as a Birthday Reward do not count as activity associated with your account, and will not prolong your Perks Membership. If you have questions regarding the date of your last Program activity or your last purchase, check your Account. If you feel Points have been expired in error, please contact our customer service at https://www.devacurl.com/us/contact-us.
Verifying Your Points Balance
You can check your Points balance in your Account. Points that you earn may not always immediately post to your Account. You are responsible to ensure Points from your Eligible Purchase Transactions and Eligible Activities are correct. If you believe Points from your Eligible Purchase Transactions or Eligible Activities were incorrectly calculated, you must notify DevaCurl within six (6) months of the applicable Eligible Purchase Transaction or Eligible Activity by providing your receipt to DevaCurl customer service. DevaCurl has the sole discretion to determine Points in your Account and DevaCurl has no liability for any delay or failure to correctly credit Points to your Account.
Redeeming Points for Rewards You Choose
Points must be redeemed for Rewards at www.devacurl.com while signed into your Account. As one type of Reward, DevaCurl allows Points to be exchanged for discounts on the total amount of a purchase made on our Website. When Points are exchanged for discounts, the discount amount is deducted from the total amount of a purchase made by a logged-in Program Member on the Website. As of the Effective Date of these Program Terms, Points can be redeemed as follows:
- 100 Points can be exchanged for a $5 discount deducted from the total amount of a purchase;
- 200 Points can be exchanged for a $10 discount deducted from the total amount of a purchase;
- 400 Points can be exchanged for a $20 discount deducted from the total amount of a purchase;
- 800 Points can be exchanged for a $40 discount deducted from the total amount of a purchase.
Please note that to redeem Points for the above discounts, your order subtotal (after all other discounts have been applied) must be greater than or equal to the discount. For example, to redeem Points for a $10 discount, your order subtotal must be greater than or equal to $10; to redeem points for a $20 discount, your order subtotal must be greater than or equal to $20; and so forth.
Only one Rewards redemption per transaction is permitted.
Rewards cannot be combined with any other discounts, coupons or offers unless otherwise stated. You are solely responsible for any taxes incurred relating to the receipt of Points or Rewards.
No Rights In Points
Points and Rewards earned under the Program have no cash value and are not property or currency. Points and Rewards cannot be sold, returned, or exchanged for other Points, Rewards, cash, products, gift cards or e-gift certificates unless pursuant to a specific offer from DevaCurl. You have no vested right or interest in Points or Rewards. Points and Rewards are non-assignable and non-transferable. Points and Rewards cannot be combined across Accounts. They may not be used for any commercial purpose. DevaCurl is not responsible for lost, stolen or damaged Points or Rewards.
Your Compliance with these Program Terms
DevaCurl has the discretion to invalidate or void Points from your Account, or to suspend or terminate your Account (both now and in the future), if DevaCurl believes you improperly obtained Points, abused the Program, or otherwise violated these Program Terms, or if you fail to provide proof of eligibility or identity to DevaCurl’s complete satisfaction when requested. DevaCurl may, in its sole discretion, suspend, cancel or combine Accounts that appear to be duplicative. In that event, you forfeit any Points you have accumulated (including any Benefits you would be eligible for on the basis of those Points) and you forfeit your right to earn Points in the future. DevaCurl has the sole discretion to determine your compliance with these terms. DevaCurl’s determination is final.
If DevaCurl terminates this Program, any unused Points will expire and will be void when the Program is terminated. If your Account is terminated for any reason (including, for example, if you close it or if DevaCurl terminates it for a violation of these Program Terms), or if you opt-out of the Program, all of your Points will immediately expire. If you opt out of Rewards in the future, all Points and Rewards you have earned will no longer be available and will not be available for reinstatement.
From time to time DevaCurl may restrict redemption of Points (“Blackout Period(s)”). Blackout Periods may be communicated to you as permitted by law, such as via the Website, in your Account or other means as determined by DevaCurl in its sole discretion.
Limitation of Liability
For the avoidance of doubt, you agree to be bound by the Limitations of Liability in our Terms & Conditions. Without limiting the foregoing, YOU AGREE THESE LIMITATIONS OF LIABILITY APPLIES TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR IN ANY WAY DIRECTLY OR INDIRECTLY RELATING TO YOUR ACCESS TO, PARTICIPATION IN, AND MEMBERSHIP IN THE PROGRAM, INCLUDING (WITHOUT LIMITATION) ANY DAMAGES RELATING TO CHANGES TO THE PROGRAM, TERMINATION OF THE PROGRAM, OR ANY CHANGES TO OR TERMINATION OF ANY BENEFITS, REWARDS, OR TIER(S).
For the avoidance of doubt, you agree to be bound by the Indemnification in our Terms & Conditions. Without limiting the foregoing, you agree your obligations to indemnify, defend, and hold harmless also apply to and for all claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or in any way directly or indirectly relating to your access to, participation in, and/or membership in the Program.
Disclaimer of Warranties
For the avoidance of doubt, you agree to be bound by the Disclaimer of Warranties in our Terms & Conditions. Without limiting the foregoing, YOU AGREE THAT THE PROGRAM AND ALL ITS BENEFITS, INCLUDING ANY PRODUCTS YOU MAY PURCHASE IN CONNECTION WITH THE PROGRAM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, COMPLIANCE WITH LAW, AND NON-INFRINGEMENT). YOU AGREE THIS MEANS WE MAKE NO PROMISES THAT: (A) THE PROGRAM, YOUR POINTS, OR ANY BENEFITS WILL BE AVAILABLE AT ANY PARTICULAR TIME; (B) THE PROGRAM, YOUR POINTS, OR ANY BENEFITS WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS; AND/OR (C) INFORMATION IN OR ABOUT THE PROGRAM, INCLUDING (WITHOUT LIMITATION) POINTS BALANCES OR POINTS REDEMPTION INFORMATION, WILL BE ACCURATE OR UP-TO-DATE.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE PROGRAM. ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
Binding Individual Arbitration
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the Website, the Program or any product or service thereon or therein, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the Notice of Dispute clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND WE AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 75 SPRING STREET, NEW YORK, NEW YORK, 10012, ATTN: LEGAL, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO 75 SPRING STREET, 5TH FLOOR, NEW YORK, NEW YORK, 10012, ATTN: LEGAL, TO GIVE US OR OUR AFFILIATE YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we or our affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section (“Binding Individual Arbitration”) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
Continuation. This Section shall survive any termination of these Terms or the provision of the associated services to you.
Governing Jurisdiction. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of these Program Terms in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.