The Locker Loyalty Program
Terms & Conditions
These Terms and Conditions set out the operation of the Foot Locker “The Locker” Loyalty Program, the use of the Foot Locker "Locker" Card, The Locker App, the Member “My Locker” Website and any promotional activity and loyalty transactions that arise as a consequence of the Foot Locker “The Locker” Loyalty Program.
Individuals who join the Foot Locker “The Locker” Loyalty Program (“Member(s)”), use the Foot Locker “Locker Card”, use The Locker App, use the Member “My Locker” Website and/or redeem My Locker Rewards agree to be legally bound by these Terms and Conditions.
While Foot Locker will use all reasonable efforts to communicate any significant change to Members, to the extent permitted by law, including the Australian Consumer Law and the New Zealand Consumer Law, Foot Locker reserves the right, in its absolute discretion, to:
- modify at any time, without prior notification, the Terms and Conditions; and
- cancel, terminate, modify or suspend the Foot Locker “The Locker” Loyalty Program at any time, including any Membership Rewards and Benefits or any other reward, entitlement or membership requirements.
The Terms and Conditions are to be read in conjunction with:
- any additional conditions associated with Rewards;
- any other promotional activity related to the Foot Locker "The Locker” Loyalty Program. In the event of any discrepancies or ambiguities, Foot Locker will decide how to resolve such discrepancy or ambiguity .
In the event of any disagreement regarding "The Locker" Loyalty Program or any other promotional activity, Foot Locker will decide how such disagreement should be resolved.
A Member can at any time terminate his/her membership by providing written notice to Foot Locker to the attention of ‘Marketing Manager’, Foot Locker Asia Pacific, PO Box 2206 Mansfield QLD Australia 4122 or at www.footlocker.com.au/contacts and submitting a ‘club enquiry’ form.
Foot Locker "The Locker” Loyalty Program may be subject to consumer guarantees that cannot be excluded under the Australian Consumer Law or New Zealand Consumer Law, as applicable, ("Non-Excludable Guarantees"). If the supply of goods or services is the subject of a Non-Excludable Guarantee, Footlocker's liability is limited to the repair of the goods, replacement of the goods, the supply of equivalent goods or the resupply of the relevant services (as decided by Foot Locker). Subject to these Non-Excludable Guarantees, Foot Locker excludes all liability (whether in contract, tort or otherwise) for any other loss, damage which is suffered in connection with the Foot Locker "The Locker” Loyalty Program or as a result of accepting or using any Reward.
Without limiting any of the above exclusions of liability, Foot Locker will not accept any liability for:
- any cost associated with accessing any website in relation to the Foot Locker "The Locker” Loyalty Program;
- any tax liability incurred by a Member in connection with the Foot Locker “The Locker” Loyalty Program, including that incurred in the provision of Rewards;
- any liability for any email communication to any Member that is misdirected, lost or not received;
- any liability for any Technical Issues that may cause damage to any computer or electronic device related to or used in connection with the Foot Locker “The Locker” Loyalty Program;
- any delay in supplying or replacing a Foot Locker “Locker” Card;
- any unauthorized use of your Foot Locker “The Locker” Loyalty Program membership account, Foot Locker “Locker” Card, username and/or password;
- any error, misstatement or omission in the information and content contained on the Member “The Locker” website or any website of Foot Locker or adverse consequences arising out of use of or reliance on such information or content;
- any claim arising out of or in connection with termination of the Foot Locker “The Locker” Loyalty Program; and
- any loss of profit (direct or indirect) or any direct, consequential, incidental or indirect loss or damage resulting from any breach of these Terms and Conditions.
All warranties and representations whether express or implied and whether arising under legislation or otherwise, whether as to the suitability, quality, fitness or condition of the Rewards or the services provided to Members under the Foot Locker “The Locker” Loyalty Program or otherwise are expressly excluded to the fullest extent permitted by law. Nothing in this clause affects a Member’s rights under the Australian Consumer Law or New Zealand Consumer Law.
To the extent Foot Locker remains liable to Members, its aggregate liability (in contract, tort (including negligence) or otherwise) in respect of any one event or related series of events under these Terms and Conditions is limited to the monetary equivalent of the Rewards in a Members membership account at the time of the event, or first event in the series, which gives rise to the liability.
By signing up to the Foot Locker “The Locker” Loyalty Program, Members consent to Foot Locker collecting and using his/her personal information, and disclosing to any of its other related entities, on a confidential basis, any of his/her personal information for any purpose connected to providing the services under the Foot Locker "The Locker" Loyalty Program.
If Members add product to their Locker via 'Own it, Want it, Vote it' on their profile, Members consent to contents of their Locker to be visible to others online and in the Foot Locker social media feeds.
Foot Locker will not be liable for any tax liability incurred by a Member in connection with the Foot Locker “The Locker” Loyalty Program, including that incurred in the provision of Rewards.
- "Activation/Activate" refers to the process required to activate the "The Locker Card” or • “The Locker App Card” .
- "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth)
- "Member" means individuals who sign-up to the Foot Locker “The Locker” Loyalty Program.
- "Member Profile" means the personal details of the Member which can be updated on the Member “My Locker” Website.
- Membership Rewards and Benefits are set out at the end of this document.
- "Member “The Locker” Website" refers to the website www.footlocker.com.au/thelocker where details of the Foot Locker “The Locker” Loyalty Program (including the most up to date Terms and Conditions) can be found and includes the Member "My Locker" Website. The Member “My Locker” Website also provides for the facility to activate the Foot Locker “Locker” Card and update the Member Profile.
- “New Zealand Consumer Law” means the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986.
- "Notified via Email” refers only to Members who have opted-in to receive communication from Foot Locker. If a Member has not opted-in to receive communication, all Reward vouchers or club communication can be accessed on the Member Profile.
- "Rewards" refers to rewards given to Members as a consequence of purchasing behaviours, incentives and/or promotions. "Rewards" by definition are also known as an "offer". Members are notified of Rewards via email only if the Member has opted-in to receive such type of communications from Foot Locker.
- "Technical Issues" means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site, point of sale or intranet site.
- "Terms and Conditions" mean The Locker terms and conditions set out in this agreement and as updated on the "Member “The Locker” Website" from time to time.
- “The Locker Card" refers to the membership card that is linked to a Member's account.
- “The Locker App” refers to the apple iTunes app or the Google Play app that is linked to a Member's account.
- “The Locker App Card” refers to the card on a Member’s apple iTunes app or Google Play app.
- "Foot Locker The Locker Loyalty Program" means the loyalty program operated by Foot Locker providing Members with access to exclusive benefits and Rewards.
- "Foot Locker" means Foot Locker Asia Pacific (comprising each of Foot Locker Australia, Inc. ABN 22 619 093 977 and Foot Locker New Zealand, Inc. (company number 1218502) or its authorised representatives).
MEMBERS | MEMBERSHIP
- An individual may become a Member of the Foot Locker “The Locker” Loyalty Program by signing up on the Member My Locker Website after collecting The Locker Card from a Foot Locker Store and activating his/her membership, or downloading The Locker App from apple iTunes or Google Play and activating his/her membership.
- A Member must be an Australian or a New Zealand resident.
- Activation of the Foot Locker The Locker Card is deemed acceptance by the Member of the Terms and Conditions
- Membership of the Foot Locker “The Locker” Loyalty Program is only open to individuals with a valid email address.
- Membership is only open to those 16 years of age or older.
- At any time, Members can only have one membership using the same email address to the Foot Locker Loyalty Program linking each Member’s Foot Locker The Locker Card or The Locker App.
- Foot Locker reserves the right to refuse or terminate membership of the Foot Locker “The Locker” Loyalty Program without prior notice or reason and in its absolute discretion.
- Membership is not transferable.
- A Member can at any time terminate his/her membership by providing written notice to Foot Locker to the attention of ‘Marketing Manager’, Foot Locker Asia Pacific, PO Box 2206 Mansfield QLD Australia 4122 or at www.footlocker.com.au/contacts and submitting a ‘club enquiry’ form.
- Members are required to create an account and specify a password to use certain features on the "Member “The Locker” Website".
- By signing up for The Locker Loyalty Program, Members agree to:
- provide, maintain and update true, accurate, current and complete information for their membership profile;
- not impersonate any person or entity or misrepresent its identity or affiliation with any person or entity, including using another person's username, password, or other account information;
- maintain the confidentiality of their password and account;
- safeguard their password from access by others, and they are entirely responsible for all activity on their account.
- If a Member believes his/her account has been compromised, he/she agrees to immediately contact Foot Locker at www.footlocker.com.au/contacts, submitting a ‘club enquiry’ form, or calling AUS: 1300 935 484; NZ +61 7 3902 7757.
- Members agree to indemnify and hold harmless Foot Locker for losses incurred by Foot Locker or another party due to someone else using a Member’s account.
FOOT LOCKER CARD
- The Foot Locker “The Locker” Card remains the property of Foot Locker at all times.
- One Foot Locker “The Locker” Card will be issued per Member. A Member can have The Locker Card and The Locker App on the one membership account provided the Member uses the same email address upon sign-up.
- You must have a valid and unique email address in order to activate a Foot Locker Locker Card or The Locker App.
- A current Foot Locker The Locker Card or The Locker App must be presented by the Member whose member number on their card matches their “My Locker” member number on the Foot Locker The Locker Card for all transactions including (but not limited to) requests for discounts, recording of purchases, redeeming Rewards or in response to any promotional activity specific to the Foot Locker “The Locker” Loyalty Program.
- If requested, Members may be required to verify their identity by providing photo identification or showing their full app profile on The Locker App.
- Only one Foot Locker The Locker Card or The Locker App can be presented in each transaction.
- Members must notify Foot Locker immediately if their Foot Locker “The Locker” Card is lost, stolen or misplaced and until such time, Foot Locker will not be held responsible or liable for any authorised or unauthorised transactions.
- Members of the Foot Locker “The Locker” Loyalty Program will be entitled to receive certain benefits.
- Rewards and benefits are based on points obtained through spend in Foot Locker stores (where $1 equals 10 points), and also through online activity (activity and points awarded are not publicized and Foot Locker’s decision on these points is final).
- A Member’s point balance is available on The Locker App or on his/her profile on the Foot Locker website.
- Foot Locker reserves the right to vary the benefits at any time and without notice.
- If a card is not swiped at the time of the transaction, which appears on the customer receipt, the customer will not receive points under any circumstances.
- Points and Rewards will NOT be allocated for purchases where the customer's Locker membership card status does not indicate 'activated' when used in a transaction.
- i) Points:
A Member has 24hrs opportunity to swipe their card from pre-activation sign-up date to be rewarded with points only. Any purchases for points past the 24hrs from the pre-activation date will not be added. It is the customer's responsibility to complete the activation process to be entitled to earn points.
- ii) Rewards:
Members are not entitled to any Rewards until a Foot Locker The Locker Card or Foot Locker The Locker App is fully activated.
- At its sole discretion, Foot Locker may update a Member account with a Reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.
- Foot Locker will notify the Member via email of their entitlement to any Rewards.
- Foot Locker reserves the right to withdraw, cancel or vary the Rewards without notice and at any time.
- Rewards are at times expressed in a monetary form - for example, a $30 reward. However, in no way do Rewards represent legal tender in any country.
- 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.
- Rewards can only be redeemed at Foot Locker stores in Australia and New Zealand and can only be redeemed on presentation of the Foot Locker The Locker Card or The Locker App and corresponding photo identification.
- The currency in which Rewards are redeemed will be based on the location of the redeeming store.
- Reward vouchers can be redeemed by Australian and New Zealand residents in either country.
- Foot Locker reserves the right in its absolute discretion to exclude certain items, quantities and promotions from being redeemed using Rewards.
- Points are given to a Member based on the final transaction value (which includes GST) (i.e. if a Member uses a Reward expressed in monetary form, such as $30 off when you spend over $150, if the customer’s final transaction is $120, then points will be awarded based on a $120 spend, not a $150 spend).
- If a Membership is terminated from the Foot Locker “The Locker” Loyalty Program, all outstanding and future Rewards will no longer be valid and will be rendered null and void.
- Rewards can take up to 48 hours before they are available for redemption.
- All Rewards have an expiry date and at which point they will no longer be available for redemption. Foot Locker reserves the right to change the expiry date of any Reward at any time without prior notice.
- Only Rewards from one Foot Locker The Locker Card or The Locker App can be presented per transaction.
- Foot Locker will not be held responsible or liable if Rewards cannot be redeemed for whatever reason but specifically, in the case of a technical failure of software or hardware or an EFTPOS malfunction.
- Rewards can only be redeemed once. If you try to redeem more than once this will be later declined and our customer support team will be in contact with you.
- A capped $1500 maximum spend per transaction, pre-discount, applies when using any Reward.
MEMBER REWARDS AND BENEFITS
10% CLUB DISCOUNT - Receive 10% off your total purchase on any transaction. Cannot be used with any other offer. Can be used when purchasing limited release items. No minimum spend applies. Can be used more than once per day, per Member number. Reward excludes any purchases of Gift Vouchers.
BIRTHDAY REWARD – Members will receive a $30 Reward when spending $150 or more on their birthday. Member must spend $150 or more in one transaction to qualify for the Reward. Reward will be sent to a Member on their birthday, with an email notification. Valid for 2 weeks after the Member’s birthday unless otherwise indicated. Reward excludes any purchases of Gift Vouchers. Member can earn only 1 Reward per year. This Birthday Reward cannot be used with any other offer. Excludes limited release items.