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CASETiFY Club Syarat dan ketentuan

THE CASETIFY CLUB PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS AND CONDITIONS")

Program Effective Date: December 3, 2021

Last Modified Date: December 3, 2021


The CASETiFY Club program (“Program”) is a loyalty program offered by Casetagram Limited, including its subsidiaries and affiliates (collectively referred to as “Casetify,” "we," "our," or "us").


THESE PROGRAM TERMS AND CONDITIONS GOVERN THE MEMBERSHIP IN THE PROGRAM. IN PARTICULAR, THESE PROGRAM TERMS AND CONDITIONS INCLUDE CLASS ACTION WAIVER AND BINDING ARBITRATION TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS.


By participating in this Program, you (also referred to as "member" or "your" ) agree to accept and be bound by these Program Terms and Conditions and acknowledge that you have read, understand, and consent to the Privacy Policy and Terms and Conditions as those terms may change from time to time, which are incorporated into, and made a part of this Program Terms and Conditions. In the event there is any conflict among these Program Terms and Conditions, the Privacy Policy and the Terms and Conditions, these Program Terms and Conditions shall prevail.



1. MEMBERSHIP:

Membership is open to individuals who are legal residents and at least 16 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. Employees, officers, directors, agents and representatives of Casetify are eligible to join. Corporations, groups, and associations are not eligible to participate in the Program.


The Program is limited to one account per individual and for personal use only. If you determine that you have 2 separate Program accounts under different email addresses and/or phone numbers, you may contact Customer Service and request that your Program accounts be combined into one Program account.


Membership, also including the Program benefits and rewards, are non-transferable. Upon the death of a member, the Member’s account will be closed and any benefits or gifts in the account will be forfeited. Members are responsible for any tax liability related to participation in the Program.


2. MEMBERSHIP ENROLLMENT:

Membership is free and optional. No purchase is required to enroll and sign up. Eligible individuals may sign up and enroll in the Program by providing applicable information at our CASETiFY store locations or online at casetify.com. You shall provide the required information to be enrolled and to be eligible for benefits and rewards in the Program. Only one Member account will be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. We may decline membership in the Program to any enrollee at our discretion and without written notice.


3. MEMBERSHIP STATUS LEVELS:


3.1 Qualifying Spending


"Qualifying Purchase" means each retail purchase of merchandise at our CASETiFY store locations or online at casetify.com for personal use without cancelation or returning the product(s) for refund. Qualifying Purchase does not include any purchase for resale or other commercial purpose, wholesale purchase, or purchase with amounts paid for using coupons, store credits, gift cards or any type of payment in a similar nature. Any purchase before the Program Effective Date would not be qualified as the Qualifying Purchase.



3.2 Qualifying Spending Amount


"Qualifying Spending Amount" means the total net amounts you paid for your Qualifying Spending, less of and excluding amounts for sales tax or other taxes, state fees, gift packaging fees, shipping and handling or delivery charges, optional charitable donations, returns, refunds, amounts paid for using coupons, store/merchandise credits, gift cards, Rewards, other awards or any type of payment in a similar nature.


The Qualifying Spending Amount will be calculated in US dollars. The net amounts of a Qualifying Purchase in other currencies will be converted to US dollars according to the exchange rate adopted by Casetify. The up-to-date Qualifying Spending Amount in US dollars will be shown in your Membership account.


Qualifying Spending Amount would be counted and recorded only if you are using your membership account to make the purchase in our CASETiFY store locations or online at casetify.com.



3.2 Tiers and Milestones


There are four (4) levels within the Program which are determined by the total Qualifying Spending Amount in your membership account. Once you have enrolled in the Program, you will enter at the BASIC member status level. Conditional upon the terms in Section 3.3, upon your Qualifying Purchase Amount reaches the following respective minimum amount (each, “Threshold Amount”), you will unlock a higher membership level with additional benefits :

BASIC level: No minimum Qualifying Purchase Amount.

BRONZE level: US$50

SILVER level: US$120

GOLD level: US$200



3.3 Conditions of Maintaining/Unlocking Membership Level


(a) If no Qualifying Spending are made within a Membership Year, your membership level will be immediately tiered down to the previous lower level, with the Qualifying Spending Amount to be restarted from the Threshold Amount of that lower level.

(b) To maintain at the current membership level, you will have to complete at least one (1) Qualifying Purchase (of any amount) within each Membership Year. .

(c) To unlock the next higher membership level, your Qualifying Spending Amount shall reach the Threshold Amount of that higher membership level within a Membership Year. Once the Threshold Amount is reached, your membership level will be tiered up to the next higher level 10 days thereafter. During that 10-day period, you will still be maintained in the current membership status level.

(d) “Membership Year” shall mean each 12-month period, with the first Membership year starting upon you have proceeded to the then current membership level.

(e) For sake of clarity, if there is any order cancelation, return or refund, such purchase will no longer be qualified as a Qualifying Purchase and the Qualifying Spending Amount will be deducted based on the amount of refund, accordingly your membership account will be adjusted and reflected in your membership account within 10-30 days thereafter.


4. MEMBERSHIP BENEFITS


4.1 Rewards

The benefits and awards (“Rewards”) of each membership level are set forth below:



Tier

BASIC

BRONZE

SILVER

GOLD

Tier Rewards (Note 1)

NA

1. 15% off Voucher

1. 20% off Voucher

1. 30% off Voucher

2. Birthday Gift

Privileges (Note 2)

1. 100% Satisfaction Guarantee

1. 100% Satisfaction Guarantee

1. 100% Satisfaction Guarantee

1. 100% Satisfaction Guarantee

2. Product Warranty (6-month)

2. Product Warranty (6-month)

2. Product Warranty (6-month)

2. Product Warranty (12-month)

3. Doubled RECASETiFY reward

3. Doubled RECASETiFY reward

3. Doubled RECASETiFY reward

4. 10% off Your Purchase

4. 15% off Your Purchase

5. Early Access of Private Sale

5. Early Access of Private Sale

6. Pre-order of New Products

6. Pre-order of New Products

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Notes:

1. Tier Rewards

(a)Discount Voucher (for BRONZE, SILVER and GOLD Club Members):

Upon unlocking to a higher membership level (i.e, BRONZE, SILVER or GOLD), you will receive a one-off Discount Voucher t for single use only on all CASETiFY products listed (except for co-lab collection, newly launched products and other specified items). The Discount Voucher is non-transferable and cannot be returned or redeemed for cash or used in conjunction with any other coupon/promotional/discount code. The unused Discount Voucher cannot be retrieved after its expiry date. Any other terms and conditions will be communicated with the Discount


(b) Birthday Gift (for SILVER Club Members):

Upon unlocking SILVER Club, you will be eligible to receive a Birthday Gift, which will be automatically unlocked and applied to your next purchase once your cart reaches US$40 or above. You may pick a phone case which is worth US$80 or a lesser amount for free in the same order. Where your cart contains more than one phone case within the aforesaid price range, the phone case of the lowest price will be redeemed as the Birthday Gift. For the purpose of illustration:


Example 1: If your order contains 2 AirPods cases which are worth more than $40 and also a phone case at $80, the phone case will be redeemed as the Birthday Gift.

Example 2: If your order contains 2 AirPods cases plus 2 phone cases which are worth $50 and $60 respectively, the phone case at $50 will be redeemed as the Birthday Gift.

Example 3: If your order contains 3 phone cases which are worth $40, $50, and $60 respectively, the phone case at $40 will be redeemed as the Birthday Gift.


Please note that the Birthday Gift is valid for 1 year from the date you have unlocked SLIVER Club. Once the Birthday Gift is applied to the order, it cannot be amended or canceled. Co-lab collection, #CASETiFYprotects, newly launched products and other specified items are excluded.


2. Privileges:

(a) 100% Satisfaction Guarantee (for all Club Members):

If you are unhappy with your purchase and wish to return your Casetify item(s) for a refund or an exchange, please contact us right away with the order number within 10 days from receiving your order (according to the delivery date on the tracking record, if applicable). Please note that we only accept one-time exchange and that some products are subject to special returns and warranty policy or non-returnable. For details, please refer to our Returns And Exchanges policy.


(b) Product Warranty (for all Club Members):

BASIC, BRONZE and SILVER Club Members enjoy a standard 6-month warranty for one-time replacement within the warranty period, and Gold Club Members enjoy an extended 12-month warranty for unlimited replacement within the warranty period.


The product warranty applies to CASETiFY-branded products purchased from our website/App or at our CASETiFY store locations, and start from the date of original purchase. If you discover a fault with the purchased item(s), simply take pictures of the defect and contact us right away. Then upon our verification a replacement of the same product can be arranged fully at our cost.


Limitations of our Warranty:

- Any scratches or discoloration of your product(s) caused by natural wear-and-tear are not covered by our warranty.

- Any damages caused by accidents or unauthorized modifications are not covered by our warranty.

- No devices (e.g. mobile phones, tablets, etc.) other than CASETiFY-branded products are covered by our warranty.

- No refund can be claimed for during the warranty period

- Shipping fee and express shipping fee are non-refundable.

- No warranty applies to lost or stolen items.

- No warranty applies to 3PLY Protective Face Mask, Cloth Mask, Screen Protector, Camera Lens Protector and other specified items.

- Special warranty policy applies to UV Sanitizers and other specified items.

- If your product(s) is discontinued or out-of-stock, it may be replaced by a similar option.

- Other terms and conditions of our warranty policy shall continue to apply

- CASETiFY reserves the right on the final decisions.


(c) Doubled Re-CASETiFY reward (for BRONZE, SILVER and GOLD Club Members):

Everytime when you return one (1) used phone cases (of Casetify or any other brands) to us, you will receive two (2) 15% discount code for next purchases. You may return the used phone case to us either by filling in the details and in accordance with the instructions here or returning them in RECASETiFY boxes of our Hong Kong and Japan's retail stores. Please note that the discount codes apply to all CASETiFY products listed (except for co-lab collection, #CASETiFYprotects, newly launched products and other specified items).


(d) Purchase Discount (for SILVER and GOLD Club Members):

Silver and Gold Club Members respectively enjoy 10% and 15% purchase discount. The discount would apply to all CASETiFY products (except for co-lab collection, newly launched products and other specified items).


(e) Early Access of Private Sale (for SILVER and GOLD Club Members):

Silver and Gold Club Members may receive private early access to private sale or other special events as we may from time to time separately notify the Members.


(d) Pre-order of New Products (for SILVER and GOLD Club Members):

Silver and Gold Club Members may receive early access to pre-order certain new products on a first come, first serve basis, as we may from time to time separately notify the Members.



4.2 Redeeming Rewards

You may redeem Rewards at time of purchase in our CASETiFY store locations or online at casetify.com. If you are shopping online, you must sign into your online account in order to apply Reward to a purchase transaction online. As applicable, the value of the applied Reward will be prorated across items purchased and reflected on your receipt.


If a Club Member purchased a CASETiFY-branded product, or you received from a Club Member a gift of CASETiFY-branded product from a Club Member, which is purchased from CASETiFY website/App or at any CASETiFY store location and any Reward(s) was redeemed in such purchase, and the product is then returned for refund, subject to other terms and conditions herein, we will arrange for refund of the net amounts actually paid. The equivalent value of the Rewards used in such purchase will be converted to store credits and credited to the membership account of the Club Member who made such purchase.


Rewards cannot be used for the purchase of gift cards and promotional items, for taxes or state fees, packaging fees, shipping and handling or delivery charges, charitable donations, and gift wrap charges. You cannot combine Rewards with any other coupon or promotion.


4.3 IMPORTANT NOTE


Program membership must be active and in good standing for members to be eligible for any program benefit.


Rewards may be subject to additional terms and conditions as specified in offers, including, without limitation, any specified time limitation.


Rewards have no cash value and cannot be exchanged or returned for cash or credit or monetary refund. The use of the word "earn" or similar language in marketing materials and these Program Terms and Conditions does not imply that the Rewards have any value prior to conversion or redemption. Rewards may not be purchased or sold and are not transferable. All products available at CASETiFY store locations or our website/App, or for Qualifying Purchases through the Program, are intended for non-commercial and personal use only.


You may not sell or resell any CASETiFY-branded products. All Program benefits, offers, rewards, and services are subject to availability. We reserve the right to change Program tier, Rewards, how you earn Rewards and reach each membership level and how we evaluate and reward your Qualifying Purchases.


All Rewards are particularly for you as our valuable member only, accordingly all Rewards are non-shareable and non-transferable. If you are given a Reward (such as a discount/promo code), please keep it secret and you must not permit or allow it to be misused or abused in any manner (including, but not limited to, to sell, share, post or disseminate it on any media or by any means, such as posting on social media and other online platforms). If, from our reasonable judgment, there is any (alleged, potential or actual) misuse or abuse of a Reward (such as promo/discount code), we may cancel or invalidate the relevant Reward and/or suspend or terminate your membership account without notice.


5. COMMUNICATION:

Communications regarding the Program, your membership account, Rewards and any other benefits and promotions will be sent via email. Additionally, your email address is your unique membership identifier and must be provided at checkout for all in store transactions in order to accumulate the Qualifying Purchase Amounts; for online transactions, you must provide your email address and must be signed into your online account to accumulate the Qualifying Purchase Amounts. Member is responsible for providing correct email address and phone number, as well as updating email address and phone number used in the Program should either change. We are not responsible for communications, offers, or rewards sent to out-of-date email addresses, you must ensure that your email address is accurate and current.


We will send transactional emails related to your membership in the Program including but not limited to the following: welcome email; recurring membership status statements and/or updates; issuance of Rewards earned; etc. To stop receiving these transactional emails, you must cancel your Program membership. These transactional emails will be in addition to any marketing emails for which you may have subscribed to receive.


By enrolling in the Program, you will also be signed up to receive marketing emails from the brand in which you initiated enrollment into the Program. To stop receiving marketing emails, click on the self-service unsubscribe link found in the footer of any marketing email, or follow the instructions in the Privacy Policy. This process needs to be completed for each brand’s marketing emails from which you wish to unsubscribe.



6. CANCELLATION OF MEMBERSHIP

You may opt out of the Program at any time by contacting our Customer Service to cancel your membership account. If you opt out of the Program, you will no longer accumulate the Qualifying Purchase Amounts or be able to redeem Rewards and all unused and unexpired Rewards will be forfeited and expired immediately upon the effective date of membership cancellation. . Cancellation of membership account is final and cannot be recovered, so please consider carefully before you take this choice.


We reserve the right to, in our sole discretion and with or without notice, cancel, suspend, deactivate or terminate your membership account or all or any of your Rewards earned and not yet used in the event of fraud, abuse of rewards privileges, violation of these Program Terms and Conditions or our website terms and conditions or policies, account inactivity or at our discretion. Accordingly, you may be denied access to the Program and all unused Rewards will be lost and no longer redeemable, and no extensions, cash refunds or other exchanges will be allowed.


7. TERMINATION

The Program will continue until such time as Casetify, at its sole discretion, elects to designate a termination date for the Program. If the Program is terminated, all unredeemed benefits will be forfeited, and will not be honored upon termination or after the conclusion of the notice period (if any notice is required by law), without any obligation or liability on Casetify to you or any other person or party. With the exception of the Arbitration Agreement, which will survive the termination of these Program Terms and Conditions, these Program Terms and Conditions are effective unless and until the Program is terminated by us. The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of the Program.



8. PRIVACY

Our Privacy Policy shall form part of these Program Terms and Conditions and govern the manner we handle the personal information that you provide in connection with the Program. . If you would like to know how we collect and use your personal information , please see our Privacy Policy.



9. LIMITATIONS OF LIABILITY AND RELEASE

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THIS PROGRAM IS NOT WARRANTED TO BE AVAILABLE UNINTERRUPTED OR ERROR FREE.


ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY IN OUR TERMS & CONDITIONS APPLY TO THE PROGRAM. WITHOUT LIMITING THE FOREGOING, CASETIFY AND EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS , AGENTS, DISTRIBUTORS AND VENDORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. NO RESPONSIBILITY IS ASSUMED FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, DATA, CORRESPONDENCE, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF CREDITS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL; (C) ANY ACTS OR OMISSIONS OF MEMBERS OR THIRD PARTIES; (D) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OF DESCRIPTION, TYPOGRAPHICAL ERRORS AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS, OR (E) DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A MEMBER OR THIRD PARTY. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS.


BY AGREEING TO PARTICIPATE IN THE PROGRAM YOU AGREE TO RELEASE CASETIFYAND EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, DISTRIBUTORS AND VENDORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR PARTICIPATION IN THE PROGRAM, YOUR MEMBERSHIP OR THESE PROGRAM TERMS AND CONDITIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PROGRAM OR OUR WEBSITE, SERVICES OR PRODUCTS IS TO CANCEL THE PROGRAM MEMBERSHIP AND CEASE THE USE OF OUR WEBSITE AND SERVICES.


YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CASETIFY AND EACH OF SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, DISTRIBUTORS AND VENDORS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LOSS, DAMAGES, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE PROGRAM TERMS AND CONDITIONS.


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AGGREGATE AND MAXIMUM LIABILITY OF CASETIFY FOR ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE IN ANY EVENT SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS PAID TO US BY YOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION OR (B) $10. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.



10. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (FOR US CUSTOMERS)


This Section 10 only applies to US customers. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.


10.1 Dispute Resolution

Each of Member and Casetify agree to the following dispute resolution procedure:


In the event of any controversy, claim, action or dispute arising out of or related to this Program or your relationship with Casetify, including, without limitation, any transaction, Rewards or the breach, enforcement, interpretation or validity of these Program Terms and Conditions ("Dispute"), the party asserting the Dispute must first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 60 days in which to respond to or settle the Dispute.


Notice must be sent:

- to Casetagram Limited at: 11/F, Fun Tower, 35 Hung To Road, Kwun Tong, Hong Kong, Attn: Legal Department; or

- to Member at: your last-used billing address or the billing and/or shipping address in your online profile.


Each of Member and Casetify agrees not to commence or initiate any arbitration, court proceedings or filing any claim against the other party until they have exhausted this dispute resolution mechanism and the dispute resolution has either terminated or failed.


10.2 Arbitration Agreement


If the parties cannot resolve any Dispute through the dispute resolution mechanism described in Section 10.1 above, a Dispute must be resolved through binding individual arbitration. Member and Casetify expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision, and also agree to give up the right to go to court to assert or defend their rights under these Program Terms and Conditions or and with respect to any Dispute.


The arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Section 10.2. The AAA Rules and information about arbitration and fees are available online at website www.adr.org. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider.


Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.


We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your claim is for less than US$1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement. Otherwise, we will each bear the fees and expense of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.


In lieu of arbitration, either you or Casetify may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.



10.3 Waiver of Right to Bring Class Actions and Representative Claims


In addition to the above, each of Member and Casetify agrees that any proceeding, whether in arbitration or in court, must proceed on an individual basis and not in a class. To the extent permissible by applicable law, any relief awarded by the arbitrator must be individualized to you to not affect any other customer. Each of Member and Casetify agrees that each may bring claims against the other in arbitration only in your or Casetify's respective individual capacities and in so doing you and Casetify hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.



10.4 Other Terms


This Arbitration Agreement is governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions will survive after these Program Terms and Conditions terminates or your use of the Program ends. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. The Arbitration Agreement are governed by the laws of the State of California, without regard to any conflict of law provisions.



11. LIMITATION PERIOD

To the fullest extent permissible under applicable law, any and all claims and actions arising out of or relating to this Program shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.



12. GOVERNING LAW

Unless otherwise provided in Section 10, these Program Terms and Conditions will be governed by and construed in accordance with the laws of Hong Kong SAR, without regard to any conflicts of laws provisions, and any dispute arising out of these Program Terms and Condition must exclusively be submitted to a court of competent jurisdiction in Hong Kong SAR.



13. NO WAIVER

Casetify's failure to exercise any of its rights or enforce compliance with any provision of these Program Terms and Conditions shall not be construed as a waiver of any provision or right and will not prevent Casetify from enforcing such right or provision in the future. Nothing in these Program Terms and Conditions will limit Casetify from exercising any legal rights or remedies that it may have.



14. ASSIGNMENT:

Casetify may assign all or any part of our rights and obligations under these Program Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.



15. ERRORS OR INCONSISTENCIES

As always, we will use our best efforts to ensure accuracy, however errors occasionally occur. We reserve the right to correct any errors at any time even if it affects any pending Rewards in Members’ account.



16. SEVERABILITY

If any provision of these Program Terms and Conditions or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Terms and Conditions shall not be affected. To the fullest extent possible, if the court finds such provision invalid, illegal, or unenforceable, such provision shall be modified and construed so as to render it valid and enforceable and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.



17. CHANGE AND LAST MODIFIED DATE:

These Program Terms and Conditions are last modified and effective on the Last Modified Date, and supersede all previous terms and conditions applicable to the Program.


Except as otherwise expressly prohibited or limited by applicable laws, we reserve the right to at any time, with or without notice, amend, modify, alter, restrict or terminate all or any aspect of the Program (including, without limitation, the structure for reward levels) and/or update or modify these Program Terms and Conditions even though such changes may affect the value of rewards, or the ability to obtain certain rewards (collectively “Changes of the Program”). If there is any modification or change, we will update the latest version which will be effective from the Last Modified Date. Members are responsible for remaining knowledgeable of the Program Terms and Conditions and any Changes of the Program. Your continued participation in the Program will constitute your acceptance of any such Changes of Program.


In the event of any inconsistency or discrepancy between the Program Terms and Conditions or other statements contained in any related materials or advertising, the terms of the then-current Program Terms and Conditions shall prevail.


18. CUSTOMER SERVICE

For questions or assistance, simply contact our customer support here.