Definitions

1. “Activation/Activate” refers to the process required to activate the Fit Club Loyalty card on the Member Website.

2. “Benefits” means any benefits given to the Members.

3. “Bonus Rewards” mean the Shoe Assignment Bonus Rewards and the Kid’s Birthday Bonus Reward.

4.“Fit Club” means the Shoes & Sox loyalty program across Shoes & Sox branded stores in Australia (but does not include Shoes & Sox concessions and store-in-store) and the Shoes & Sox Website, providing Members with access to exclusive benefits and rewards.

5. “Kickback Rewards” means the reward defined in clause 30(A).

6. “Kid’s Birthday Bonus Reward” means the reward defined in clause 30(C).

7. “Member” or “Membership” means an individual who has created and activated a compliant Fit Club account on the Shoes & Sox Website, created a Member Profile and is an active member of Fit Club in accordance with these Terms and Conditions.

8. “Member Card” refers to the membership card that is linked to the Members’ Profile on the Member Website and used in-store to accrue Rewards.

9. “Member Profile” means the personal details of the Member which can be updated on the Member Website where the Member can view their historic transactions made and Reward Balance.

10. “Member Website” refers to the website located at shoesandsox.com.au, where details of Fit Club and the current Fit Club Terms and Conditions. The Member Website also provides for the Member to update their profile, assign shoes and establish sub-profiles as set out in these Terms and Conditions.

11. Shoe Assignment Bonus Rewards – means the reward defined in clause 30(B).

12. “Shoes & Sox” means Shoes & Sox Pty Ltd ABN 94 003 269 752, Brand Collective Pty Ltd ACN 098 742 628 (Brand Collective) or its authorised representatives.

13. “Shoes & Sox Website” means the website located at shoesandsox.com.au.

14. “Reward Balance” means is the rewards earned on transactions made when logged into your Membership or when you use your Member Card.

15. “Rewards” mean collectively the Standard Rewards and the Bonus Rewards.

16. “Standard Rewards” mean the Kickback Rewards.

17. “Terms and Conditions” mean these Terms and Conditions as updated from time to time on the Member Website and/or the Shoes and Sox Website.

Terms & Conditions

1. These Terms and Conditions govern the operation of Fit Club, the use of the Member Card, the Member Website and any promotional activity and loyalty transactions that arise as a consequence of Fit Club. 

2. Individuals who join Fit Club agree to be legally bound by these Terms and Conditions.

3. Fit Club is available online and at all Shoes & Sox branded stores in Australia but does not include Shoes & Sox concessions and store-in-store) to all individuals aged 18 years or older with a valid email address. Corporations, partnerships, trusts and other entities are not eligible to participate in Fit Club. Trade customers cannot participate in Fit Club. 

4. The Terms and Conditions may be modified at any time without prior notification by Shoes & Sox in its absolute discretion.

5. Shoes & Sox will not accept any liability for any email communication to any Member that is misdirected, lost or not received and shall not be liable for any loss or damage suffered by Members resulting from any termination of or charges to Fit Club, except for any liability which cannot be excluded by law.

6. Shoes & Sox will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason.

7. The Member acknowledges that Shoes & Sox transactions from no earlier than 2016 may appear in their Member Profile.

8. Except for any liability which cannot be excluded by law, Shoes & Sox will not accept any liability for any loss or damage, however it arises including any loss or damage to any computer or mobile device, related to or used in connection with Fit Club.

9. Shoes & Sox is a division of Brand Collective. Shoes & Sox may collect personal information from Members and their sub-accounts established on their Member Profile for the purpose of facilitating Fit Club, which may include the sharing of a Member’s personal information (including any sub-profiles) with Brand Collective and partners associated with Shoes & Sox and/or Brand Collective.

10. As a Fit Club Member, the Member consents to Brand Collective, Shoes & Sox and its partners associated with Fit Club contacting the Member to provide marketing material concerning special offers, promotions, product information and other information relating to Brand Collective and/or Shoes & Sox and its products and partners. Members can opt out of receiving marketing material at any time.

11. Shoes & Sox reserves the right to cancel, terminate, modify or suspend Fit Club, Rewards or a Member at any time and without notice.

12. Notwithstanding any other provision, Fit Club is at Shoes & Sox’s absolute discretion and we reserve the right to cancel, modify or deduct Rewards of a Fit Club Member at any time and cease communications without notice or cancel a Fit Club Member Profile, where, for example where a Member has or is suspected to have engaged in fraudulent or malicious behaviour. Members must not have duplicate or alternate accounts, in doing so Members are breaching these Terms and Conditions and will have their accounts immediately suspended. Where possible, Shoes & Sox will provide reasonable notice to the Member, but is under no obligation to do so.

13. Shoes & Sox will deduct from the Member’s Reward Balance any rewards that have been credited to the Member Profile in error, earned fraudulently and any Rewards that relate to a purchase which has been returned, cancelled, reversed or refunded. If a Membership is terminated by Shoes & Sox, all accrued and future Rewards will no longer be valid and will be rendered null and void.

14. Shoes & Sox’s decision in relation to all matters arising in relation to Shoes & Sox and Fit Club is final and binding.

15. These Terms and Conditions must be read in conjunction with the Shoes & Sox privacy policy and any additional conditions associated with any other promotions, gift cards or vouchers offered by Shoes & Sox from time to time. In the event of any discrepancies, Shoes & Sox’s decision in its absolute discretion will be final and binding.

16. Subject to clause 17, Fit Club Members are unable to earn Rewards for any purchases they make:

a) online when they are not logged in to their Member Profile; and
b) in store when the Member does not provide their Member Card or does not provide their name which is associated with a Member Profile.

17. Members will be able to manually add transactions to their Member Profiles (Claim) (with the applicable Rewards being applied if the transaction is Claimed within 30 days of the transaction date) after the relevant transaction is made subject to the Member retaining the relevant transaction recipient.

18. Members must be:

a) logged into their loyalty account online; or
b) provide their Member Card in store or does not provide their name which is associated with a Member Profile,

to redeem Rewards on purchases.

19. An individual becomes a Member when they sign up in-store or online and or use their Fit Club Member Profile during an online or in store transaction.

20. Online sale total must be a minimum of $1.00 after all discounts and a loyalty voucher is applied. If the total reward has been applied and the total value of the order is less than $1.00 the order will be unable to be processed.

21. When joining in-store, a sales consultant will record the individual’s full name, email address and phone number at the register. Other details may be optionally recorded. An individual may update their Member Profile at any time by visiting the Shoes & Sox Website. It is the Member’s responsibility to update their Member Profile including their email, surname, phone and postal address.

22. Members may not transfer their account or Rewards to another person or allow another person to use their Member Profile or Rewards.

23. At any time, Members can only have one membership to Fit Club and one corresponding Member number.

24. A Member may delete their profile by emailingsupport@shoesandsox.com.au at any time. Shoes & Sox will action the cancellation request within 5 business days of receipt of the cancellation request. Once cancelled, Members will stop receiving any communications regarding Fit Club and will not have access to any of the Member program benefits or special offers.

25. If a Member wishes to stop receiving general Shoes & Sox marketing communications, the Member can unsubscribe via the ‘messaging preferences’ section in Fit Club profile portal accessible on the Shoes & Sox Website or the Member may use the unsubscribe link at the base of the general Shoes & Sox marketing email.

26. Rewards cannot be used to purchase Shoes & Sox branded gift cards nor can Rewards be earnt on redeeming Shoes & Sox branded gift cards.

27. Brand Collective employees may become Members, but are not eligible to receive or use any Rewards for purchases made using their staff ID or staff discount code or in conjunction with any other staff discount or allowance.

28. Shoes & Sox will not be liable for any tax liability incurred by a Member in connection with Fit Club, including that incurred in the provision of Rewards.

29. No extensions will be granted for failing to assign or use the relevant Rewards within the specific timeframes in these Terms and Conditions.

Rewards

30.On and from 12:01AM AEST 16 July 2024 (and unless otherwise withdrawn by Shoes & Sox in accordance with these Terms and Conditions), Fit Club Members will be entitled to receive a number of benefits:

a) Kickback Rewards - 10% (inc GST) credit which can be used for future Shoes & Sox purchases.

The Kickback Reward will be calculated as 10% (inc GST) of each order spend in each calendar day after deducting any discounts, reward redemptions, refunds or shipping costs.

Shoes & Sox will use best endeavours to issue the Kickback Rewards to the Member’s Reward Balance within 5 business days after the relevant order, however this may take longer.

b) Shoe Assignment Bonus Reward – provided the Member establishes a sub-profile for their child or children, for every recently purchased pair of shoes the Member assigns to the relevant child’s profile, an extra $2 will be added to the Member’s Reward Balance within one (1) business day. Each purchase must be assigned to the relevant child within 30 days of the purchase to be eligible for the Shoe Assignment Bonus Reward and the relevant purchase can only be assigned once.

c) Kid’s Birthday Bonus Reward – subject to clause 31 and provided the Member establishes a sub-profile for their child or children:

i. At the commencement of the month in which the relevant child’s birthday is listed on their child profile, an extra $10 Reward will be added to the Member’s Reward Balance.

ii. each Member will one receive one (1) Kid’s Birthday Bonus Reward for every child correctly set up with a sub-profile in any 12 month period.

iii. The Kid’s Birthday Bonus Reward will be issued to the Member on the date of the Member’s listed child’s birthday and will be value for 30 days from the date of issue.

31. A Member will only receive a Kid’s Birthday Bonus Reward:

a) if the Member has provided a complete date of birth for a child listed in a sub-profile; and

b) where there has been at least one (1) shoe purchase assigned to that child’s profile in the last 12 months.

32. For the avoidance of doubt, Rewards will not apply to purchases made prior to 12:01AM AEST 16 July 2024 including the Shoe Assignment Bonus Reward made on or after 16 July 2024 for shoe purchases made prior to 16 July 2024.

33. Rewards cannot be used after the expiry date. No extension will be granted.

34. Shoes & Sox may offer free shipping over a certain transaction value. This threshold will be the value of the transaction after deducting the redemption of any Rewards. For example, if a Member spends $100.00 and redeems a Shoe Assignment Bonus Reward of $2.00, as the transaction is less than the current free shipping threshold of $99.00 the Member would not be eligible for free shipping or that transaction.

35. Shoes & Sox may provide additional rewards to a Member account as a consequence of a purchasing behaviour, incentive and/or promotional activities. These additional reward will appear in the Member’s Reward Balance.

36. If Shoes & Sox becomes aware or suspects that a Member is taking advantage, in any manner, of Fit Club, for example purchasing items with the purpose of accumulating Rewards and later returning those items for refunds, we have the right to immediately terminate the accounts and Rewards. 

37. Shoes & Sox may notify the Member via email of their entitlement to any Rewards. Shoes & Sox are not liable if this email is misdirected, lost or deleted.

38. Rewards may be expressed in a monetary form, for example, an AU$30.00 reward or credit. However, in no way do these rewards represent legal tender in any country.

39. Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments - including (but not limited to) gift vouchers, gift cards, cheques and credit notes.

40. Rewards can only be redeemed on Shoes & Sox product and cannot be redeemed on shipping costs and Rewards cannot be earned on shipping costs.

41. Only one Member number can be presented per transaction.

42. Rewards cannot be redeemed as part of a Gift Voucher purchase nor can Rewards purchase Gift Cards.

43. Unless otherwise stated in these Terms and Conditions, all Rewards are valid for sixty (60) days from the date of issue.

44. For all purchases made in January of any year and the associated accrued Kickback Rewards (calculated in accordance with these Terms and Conditions but based on 10% of the Member’s total spend, not the calendar day total spend), these Kickback Rewards will be issued on the first day of February (and expire 60 days from the date of issue).

45. Purchases made online will be updated on the Member account on the date of dispatch from our warehouse, or date of collection from store if using Shoes & Sox click and collect service, not the date of online purchase.  This may result in a difference in Reward issuance of a few days.

46. If purchased items are returned for a refund, the corresponding earned Reward will be deducted from the Member’s Reward Balance.

47. When a loyalty reward is redeemed against a new purchase, it is applied as a proportional discount against all eligible items in the purchase. The refundable value of the items purchased will be their final selling price (inclusive of any promotional discounts) but will exclude any reward redemption value applied to that item, at the time of purchase. At our discretion, a new reward amount may be re-issued up to the value of the redemption amount applied specifically to any returned items. Any Rewards reissued after a refund will take 5 business days to appear on the Member’s account

48. If an item was purchased using a Reward and is later exchanged, the Reward amount that was applied to the original item will be added to the new item.

49. We may amend or update these Terms and Conditions at any time by posting any changes on the Shoes & Sox Website, without providing notice to you.

Data Collection and Privacy

50. Shoes & Sox may disclose such personal information to third parties, including but not limited to, agents, contractors and service providers as required in Australia. Shoes & Sox may disclose entrant's PI to any entity outside of Australia in accordance with their respective privacy policies. Membership is conditional on providing this personal information. Any personal information a Member provides to Brand Collective or Shoes & Sox shall be used in accordance with our Privacy Policy. Please see Shoes & Sox’s Privacy Policy at www.shoesandsox.com.au for more information.

51. The privacy policy along with these Terms and Conditions contains information about how Members may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.