THE HOUND HOTEL - TERMS & CONDITIONS

THE HOUND HOTEL (also referred to as THE HOUND’s Loyalty Program) is a customer rewards program (“Program”) managed and conducted by The Hound and Co (ACN 612 833 244) (“THE HOUND” "I"or “we” or “our”) for the benefit of its customers (“Customer” or “you”). Opting in to the Program is automatic upon: the creation of a Client file by providing personal information for the THE HOUND database (“Client file”) online via the program sign-up box on thehound.co.

By opting in to THE HOUND HOTEL you agree to the Terms and Conditions of the THE HOUND HOTEL Program set out here in and our Privacy Policy. Please read these Terms and Conditions and Privacy Policy carefully before you use and/or opt in to the Program. Refer to our Privacy Policy at https://www.thehound.co/privacy-policy/ for more details regarding use of your personal information and opt out procedures.

PARTICIPATION AND MEMBERSHIP

Participation in the Program is only open to all THE HOUND customers that have access to our online stores. If you are under the age of 18 years, you must have parental/guardian approval to opt in to the Program, and further your parent/guardian must read and consent to these Terms and Conditions. These Terms and Conditions will be accepted by you and will be binding on you at the time of opting in. If you do not agree to be bound by these Terms and Conditions please do not participate in the Program.

CALCULATION OF THE HOUND HOTEL POINTS

Purchases on our online stores will be converted into points provided you use the email address associated with your THE HOUND HOTEL account. THE HOUND HOTEL excludes returns, refunds, and delivery charges. THE HOUND HOTEL spend includes local taxes.

Your THE HOUND HOTEL spend will be calculated and accumulated over a rolling 12 month period and your point balance is accessible in real time. THE HOUND reserves the right to change points balances if it believes someone is unfairly accumulating points not within the rules set out in this document. Program Spend will not be calculated more than once.

Points earned as part of this loyalty program are not redeemable as cash or monetary value.

THE HOUND HOTEL LEVEL:

As part of the Program, you will unlock THE HOUND HOTEL levels by purchasing goods on our online store and/or performing certain ‘point-earning’ behaviours:

The Lobby – To check-in you need 0 - 999 points.
The Bar – To check-in you need 1,000 - 6,999 points.
The Pool – To check-in you need 7,000 - 18,999 points.
The Spa – To check-in you need 19,000 - 42,999 points.
The Penthouse – To check-in you need  43,000 + points.

For definition of a successful referral, please refer to the ‘Referral’ section of the Ts&Cs document. Once you unlock a THE HOUND HOTEL level, you will hold this level for as long as your accumulated point balance remains within the required point range. Where, each point acquired is valid for 12 months from the date that point was issued. Therefore, each point acquired expires 12 months from the date of issue on a rolling 12 month basis. Your point balance is accessible in real time. 

Any transactions that occur in one of THE HOUND’s partner retail stores will not count to the THE HOUND HOTEL Loyalty Program. Orders placed online can take up to 36 hours to reflect in a customer’s THE HOUND HOTEL Dashboard.

To the extent that a THE HOUND HOTEL Level has been achieved by you in connection with a breach of these Terms and Conditions or otherwise incorrectly allocated to you, including as a result of an error on the part of THE HOUND, we may adjust your THE HOUND HOTEL level to the extent necessary to address the breach or error (as the context permits). When a Customer obtains a refund or reimbursement for goods purchased from THE HOUND, an adjustment is also made to the THE HOUND HOTEL account in the amount of the reimbursement granted.

REFERRALS

These terms and conditions apply to the referral component of the THE HOUND HOTEL program of THE HOUND. By referring a friend, the referring customer agrees to be bound by these terms and conditions. This program is administered by THE HOUND. The use of the Program is governed by THE HOUND’s terms and conditions in addition to the terms and conditions set forth below:

A Referral is defined as a purchase made by a customer (the ‘referred customer’) through exclusively using another customer’s (the ‘referring customer’) unique referral discount code. If a referred customer does not use/redeem this unique discount code to make a purchase, this purchase will not count as a Referral. For every unique purchase made by a customer because of a referral, the referring customer will get the returned discount amount as part of the program. Referrals are subject to verification, they must be a new customer to THE HOUND and have not purchased in the last six months. THE HOUND may withhold the offer for a referral where it deems a customer has referred a customer under fraudulent or suspicious circumstances and/or are in violation of these Terms and conditions.

TRANSFERS AND CLIENT FILES

Any transactions by another customer at online cannot be transferred to a different customer for someone else to obtain THE HOUND HOTEL points.

There can be only one customer for each THE HOUND HOTEL membership. Transactions from multiple Customer files cannot be joined into one THE HOUND HOTEL spend amount. It is your responsibility to ensure that THE HOUND has only one Client file for you. If you suspect that you have more than one Client file, please contact our customer support team.

Any THE HOUND HOTEL points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. THE HOUND HOTEL points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent

REWARDS/PERKS

Any rewards, gifts, benefits or offers communicated as part of the THE HOUND HOTEL Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only THE HOUND HOTEL members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent.

All THE HOUND HOTEL gifts, benefits or offers are subject to availability. THE HOUND is not liable for any rewards, gifts, benefits or offers not being available for any reason.

If you have opted-out of receiving our THE HOUND HOTEL communications you will not eligible to receive any rewards or perks of the program.

THE HOUND reserves the right to change or withdraw the THE HOUND HOTEL rewards and giveaways and these terms at any time without notice.

EXCLUSIVE CONTENT

Content will be supplied to you via your email entered at the time of sign up.

DOUBLE POINTS

Double points are only awarded to customers who are a part of THE HOUND’s loyalty program and who purchase products through our online store during the promotion hours stated.

FLASH SALES

Flash sales are only available to customers who are part of the THE HOUND's loyalty program and who are part of the ‘The Pool” tier or above. During these promotion periods, customers will be supplied with 1x unique discount code (discount amount will be defined at the time of the promotion), valid for their next purchase. Limit of 1 unique discount code per customer, valid for only 1x order. The discount code can only be used during the times stipulated by the T’s & C’s of the flash sales at the time and cannot be used with any other offer.

COMPETITIONS

Each major prize pool will have its own set of terms and conditions.

PRODUCT DEVELOPMENT PROGRAM

Only customers who are in "The Penthouse" will be eligible for this program. Customers are not guaranteed to receive any free products or free testers at anytime in regards to this perk. Customers in the product development program will be contacted via email at random. The product development program customers will be emailed at the email address listed in their THE HOUND HOTEL account and have 7 days to respond if they wish to be part of this program. Customers who don’t respond within these 7 days will not be eligible for the program.THE HOUND reserves the right to select the product sent to customers and the customers who receive these products. THE HOUND reserve the right to halt this program at any time.

THE HOUND will not post or announce the personal details of the recipient, subject to the terms of our Privacy Policy. Refer to our Privacy Policy at https://www.thehound.co/privacy-policy/ regarding use of your personal information.

CHANGE OF DETAILS

You should advise THE HOUND of any change of name or email address by via your THE HOUND HOTEL account.THE HOUND is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of THE HOUND HOTEL communications and rewards, gifts or benefits or the loss or downgrade of a THE HOUND HOTEL level. Changes to your details can be made via your THE HOUND HOTEL account.

SUSPENSION AND/OR TERMINATION

THE HOUNDmay immediately suspend or terminate your participation in the THE HOUND HOTEL Program without further notice if you: (a) have breached these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to THE HOUND, the THE HOUND HOTEL Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of THE HOUND; (d) have supplied or are attempting to supply false or misleading information to THE HOUND; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any THE HOUND awards, gifts, offers or benefits other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any THE HOUND staff or any other Customers online; or (g) become bankrupt.

Where your right to participate in the THE HOUND HOTEL Program is suspended or terminated, any benefits, rewards and rights and THE HOUND HOTEL status you may have at that time under the THE HOUND HOTEL Program shall thereby suspend or terminate (as the case may be).

The Customer’s participation in the THE HOUND HOTEL Program may be terminated by either THE HOUND or the Customer by providing the other party with at least 30 days written notice.

WARRANTIES AND LIABILITY

All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the THE HOUND HOTEL Program (“Warranties”), are expressly excluded to the extent permitted by law.

Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the “Acts”) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Customer pursuant to any of the Acts, THE HOUND’s’ sole liability for breach of any such condition, warranty or other obligation is limited to:

1. in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
2. in the case of any claim relating to points, to crediting that number of points to the Customer’s account; or
3. in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your THE HOUND HOTEL Program account.

To the extent permitted by law, THE HOUND will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for:

1. any personal injury or death to the Customer or any third person;
2. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
3. the loss, theft or destruction of a THE HOUND HOTEL reward, gift, offer or benefit; or
4. any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift, benefit or THE HOUND HOTEL, arising out of, relating to or connected to the provision or use of the THE HOUND HOTEL Program, any reward, gift, offer or benefit or any goods or services supplied by THE HOUND.

THE HOUND shall not be liable to the Customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.

GENERAL INFORMATION

THE HOUND expressly reserves the right to change the THE HOUND HOTEL program elements (including, but not limited to, the THE HOUND HOTEL levels, expiry dates or the way in which THE HOUND HOTEL rewards, gifts, benefits or offers are earned and redeemed) or cease running THE HOUND HOTEL at any time (without any liability to the Customer or any third party). THE HOUND will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in the THE HOUND HOTEL Program by providing THE HOUND with at least 30 days’ written notice after the date you received written notice of the changes or the changes were posted on our website or other social media channels.

A notice or communication shall be deemed to be given by THE HOUND to you if it is sent to your email address listed in your Client file or by otherwise posting it on our website or other social media channels.

Please visit our website for the latest version of these Terms and Conditions.

You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the THE HOUND HOTEL Program, your participation in the THE HOUND HOTEL Program, THE HOUND HOTEL rewards offered or any other transaction within, or arising out of, the THE HOUND HOTEL Program.

If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

GOVERNING LAW

These Terms and Conditions, and your participation in the THE HOUND HOTEL Program, is governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for your Client file has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the THE HOUND HOTEL Program, you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.