STAX. Sleep Tops

STAX. Loyalty Program Terms & Conditions

Loyalty Program Terms and Conditions

STAX. Loyalty Program (Program) is a rewards program offered by STAX. to its valued customers.

Membership to the Program (Membership) is limited to individuals only.

You must read these Terms and Conditions (Loyalty Terms), the STAX. Terms of Service and STAX. Privacy Policy as they contain important information about the Program.

By signing up to the Program, you agree to these Loyalty Terms, the STAX. Terms of Service and STAX. Privacy Policy, as amended from time to time.

Definitions and Interpretation
- In these Loyalty Terms, unless otherwise indicated by the context:
  - Benefits meant the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time, as determined by STAX. in its sole discretion;
  - Bonus Loyalty Points mean extra Points in addition to the Standard Loyalty Points that may be earned by a Member as a result of promotional or incentive programs offered from time to time;
  - Dollar or $ means Australian dollars;
  - Eligible Transaction means a transaction [where your Membership Email are provided at the time and before payment of transaction in store or online anywhere in the world (except the United States of America or any of its overseas territories), excluding transactions listed in Appendix A;
  - Loyalty Points means the accumulated total of the Standard Loyalty Points and Bonus Loyalty Points earned by a Member;
  - Loyalty Rewards means the STAX. products offered or available to Members from time to time, as determined by STAX. in its sole discretion;
  - Member is the individual who has signed up to participate in the Program either through the STAX. App or their STAX Member Profile using their unique email address;
  - [means the unique email address associated with your Membership;
  - Member Promotional Benefits means exclusive benefits sent as promotions to Members, and can (without limitation) be Bonus Loyalty Points, event invitations or discount codes.;
  - Points means points that can be redeemed for Loyalty Rewards or Benefits under the Program by Members;
  - Privacy Policy means the STAX. Privacy Policy published on the STAX. website (stax.com.au), as amended from time to time;
  - Standard Loyalty Points means three (3) Points earned for each one (1) Dollar spent on Eligible Transactions at STAX., or as varied from time to time by STAX. in its sole discretion;
  - STAX. group, we, us or our means STAX. Pty Ltd (ACN 622 144 952)];
  - App means the application made available by STAX. for download on Apple and Android mobile devices relating to products and services offered by STAX. and any upgrades and other software enabling use of the STAX. App;
  - Member Profile means the online profile of an individual that has registered an account on www.stax.com.au;
  - Returns & Refund Policy means the STAX. Returns & Refund Policy on the STAX. website (www.stax.com.au), as amended from time to time;
  - Terms of Service means the STAX. Terms of Services published on the STAX. Website (stax.com.au), as amended from time to time;
  - You or your is a reference to the Member whose name the Program account is held (or will be held upon that individual becoming a Member);
  - Website means stax.com.au, or any other site operated on behalf of STAX., as notified by STAX. from time to time.
- In these Loyalty Terms, unless the contrary intention appears:
  - the singular includes the plural and vice versa;
  - unless otherwise stated, all dollar amounts include any applicable GST;
  - a reference to 'include' or 'including' means 'including but not limited to'.

Participation in the Program is only open to individuals, , with a unique email address and residential address.
Membership is only open to individuals acting on their own behalf (in their own capacity). It is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.
Membership is not open to residents of the United States of America or its overseas territories.
If you are 18 years in age or over then, by becoming a Member, you agree to be bound by these Loyalty Terms and the collection, use and disclosure of your personal information in accordance with the STAX. Privacy Policy, as amended from time to time.
If you are between 15 and under 18 years of age (eligible minor) then this clause will apply to you, as follows:
- If you wish to become a Member, then you must obtain the consent of your parent or legal guardian:
  - to participate in the Program in accordance with these Loyalty Terms and for us to collect, use and disclose your personal information in accordance with the STAX. Privacy Policy, as amended from time to time; and
  - your parent or legal guardian must also read and agree to these Loyalty Terms and the Privacy Policy.
- By becoming a Member, you confirm that:
  - you have obtained your parent’s or legal guardian’s consent for you to participate in the Program in accordance with these Loyalty Terms and for us to collect, use and disclose your personal information in accordance with the STAX. Privacy Policy, as amended from time to time; and
  - your parent or legal guardian has also read and agreed to these Loyalty Terms and the Privacy Policy.
- If you become a Member when you are an eligible minor and are still a Member when you turn 18, then you agree that you are bound by these Loyalty Terms if you continue to participate in the Program after you are 18 years of age.
Membership is offered at the discretion of STAX. STAX. has the right to accept or refuse any Member’s participation in the Program (in its absolute discretion, and without the need to provide any reason).
Only one Membership can be held per individual. STAX. retains the right (in its absolute discretion, and without the need to provide any reason) to close any accounts (opened on the STAX App or Website) or cancel any Membership deemed as opened or held by the same individual.
Employees, officers, directors, agents and representatives of STAX. and its affiliates and subsidiaries are eligible for Membership but may be excluded from certain promotions.
To become a Member and participate in the Program, individuals may either download the STAX. App and sign up to the Program or sign up to the Program through their STAX Member Profile.
You must advise STAX. of any change of name, address, email, or other details as soon as practicable (and within 7 days) after the change. STAX. is not responsible for any loss of Benefits or Loyalty Rewards made available to STAX. Members or Loyalty Points earned by Members in connections with any failure by you to notify STAX. of any change in your details. STAX. may require acceptable proof in relation to any change of details. Changes can be made directly via stax.com.au, via the STAX. App at help@stax.com.au.

Earning STAX. Loyalty Points
- To earn Loyalty Points, you must provide your Membership Email to the salesperson prior to the completion of your Eligible Transaction at the point of sale or enter your Membership Email at checkout for online purchases.
- Loyalty Points will be earned at the completion of Eligible Transactions in STAX. stores and online in Australia and in other jurisdictions around the world (excluding the United State of America).
- For Eligible Transactions outside Australia, the Loyalty Points earned are fixed to the Australian price of the product in Australia (i.e. a non-Australian member will earn the number of Loyalty Points as if the product was purchased in Australia). For example:
  - an Australian customer that buys instore or places an order online for a product priced at AUD$100 will earn a total of 300 Loyalty Points;
  - a UK customer that places an order online for a product priced at GBP$50 online (but would be priced at AUD$100 online if purchased in Australia) will earn a total of 300 Loyalty Points.

For the removal of doubt, Loyalty Points are calculated based on the Australian price of the product which is being purchased outside Australia under the Eligible Transaction and not on Australian dollar amount of any conversion at the relevant currency exchange rate of the amount paid in foreign currency for the product.

in its sole discretion and without providing any notice to Members may limit the jurisdictions in which an Eligible Transaction will earn Loyalty Points.
Loyalty Points cannot be earned on the cost of shipping or delivery.
Bonus Loyalty Points may be earned during promotional periods or incentive days communicated from time to time.
Standard Loyalty Points are allocated to each Eligible Transaction and will be displayed or communicated at the time of purchase.
Loyalty Points incurred by each Eligible Transaction within 21 days of::
- transactions made in-store at STAX.;
- receiving confirmation that ‘your order is ready for delivery’ for STAX. online orders; or
- the end of a promotional offer period.
Loyalty Points can only be earned by individual Members for their own personal shopping. Loyalty Points cannot be earned on purchases of commercial quantities of goods or services, or any purchases which are for commercial or corporate purposes including the resale of goods, as determined by STAX in its absolute discretion. What will constitute a commercial quantity may depend on the type of product purchased.
may review and adjust the allocation of Loyalty Points at any time in its sole discretion. STAX. may deduct from your Membership any Loyalty Points that have been credited to your Membership in error or as a result of an error, as well as any Loyalty Points which relate to an Eligible Transaction which has been cancelled, reversed, or which relate to a refunded amount, or where STAX. reasonably believes that the purchase was for a commercial purpose or commercial in quantity.
Loyalty Points will expire to your Membership if they are not redeemed by you for either Loyalty Rewards or Benefits within that time period.

Redeeming STAX. Loyalty Points
- By becoming a Member and when redeeming Loyalty Points or claiming any Benefit or Loyalty Reward from the Program, you agree to be bound by and to comply with these Loyalty Terms (as amended from time to time) and you agree to provide the consents specified in clause 9 relating to personal information. You acknowledge and agree that Loyalty Points may only be earned and/or redeemed in accordance with these Loyalty Terms.
- Loyalty Points may be redeemed for Loyalty Rewards provided that in order to redeem your Loyalty Points for any Loyalty Reward, you must first:
  - accumulate the minimum number of Loyalty Points as determined by STAX. for each Loyalty Reward; and
  - the accumulated Loyalty Points are sufficient to pay for the full amount of the Loyalty Reward (i.e., you will not be able to purchase a Loyalty Reward with a combination of cash and Loyalty Points; the Loyalty Reward may only be purchased with your Loyalty Points).
- The number of Loyalty Points that must be redeemed in relation to a particular Benefit or Loyalty Reward are determined by STAX. We do not give any warranty or make any representation in relation to the underlying value of any Benefit or Loyalty Rewards.
- Members may order a combination of:
  - Loyalty Rewards (paid for solely in Loyalty Points); and
  - other products paid for in cash within the same transaction.

For the avoidance of doubt and in accordance with clause 4.2, you will not be able to purchase a Loyalty Reward with a combination of cash and Loyalty Points. The Loyalty Reward must wholly be purchased only with Loyalty Points.

The STAX. Returns & Refund Policy does not apply to any purchase made with Loyalty Points. Where a Member purchases a Loyalty Reward or Benefit with Loyalty Points then the item cannot be returned or exchanged. For the avoidance of doubt, Members that make a purchase with Loyalty Points will not be eligible for any refund of Loyalty Points used for the purchase or for a store credit in lieu of any refund.

Loyalty Points may not be redeemed for payment of shipping or delivery costs. For the avoidance of doubt, where Loyalty Points are redeemed by a Member to purchase items that require shipping or delivery, the cost of any such shipping or delivery must be paid in cash by the Member for the purchase to be completed.
Members must advise STAX. as soon as possible after they become aware of any unusual activity on their Membership Account, including any loss (including loss of Loyalty Points) or unauthorised use of their Membership. Members are liable for all activity on their Membership Account, including any missing Loyalty Points, until we are notified of the loss, theft or unauthorised use.

Member Promotional Benefits
- Member Promotional Benefits are exclusive offers/benefits sent as promotions to Members and can be Bonus Loyalty Points, event invitations and discount codes. To receive Member Promotional Benefits, you must have a valid email and be opted in to receiving Marketing emails. Where a specified spend is required to receive a Member Promotional Benefit, the spend excludes purchases of gift cards, lay-by payments, shipping or delivery fees, multi-use shopping bags, and service outlets.
- Member Promotional Benefits may be subject to certain conditions, as determined by STAX. in its sole discretion (e.g. the benefits may be single use only or may need to be used by a certain expiry date).
Member obligations and responsibilities
- A Member must not:
  - act in any way which breaches these Loyalty Terms, or the STAX Terms of Service;
  - abuse or misuse the Program, any Loyalty Rewards, Benefits, facilities, services or arrangements accorded to you as a result of Membership; or
  - engage in other unacceptable conduct against a STAX. Group Company, including by:
    - engaging in illegal, dishonest or fraudulent activities;
    - supplying or attempting to supply false or misleading information, or making false or misleading misrepresentations;
    - acting in a hostile, abusive or aggressive way towards any STAX. Group Company staff;
    - acting in an unruly manner whilst visiting a STAX. store;
    - refusing to follow reasonable instructions from any STAX. Group Company staff whilst visiting a STAX. store; or
    - dealing with any Loyalty Rewards, Benefits or Loyalty Points other than in accordance with these Loyalty Terms, for example, selling, assigning, transferring or acquiring or offering to sell, assign, transfer or acquire any Loyalty Reward, Benefit or Loyalty Points in a way.
  - Any breach of clause 6.1 will be a material breach of these Loyalty Terms.
  - You are responsible for ensuring that you have sufficient Loyalty Points to redeem for any Loyalty Reward or Benefit that you request.
  - You are responsible for regularly checking your Membership Account and must notify STAX. of any omissions, incorrect entries or other discrepancies within six months of any transaction in relation to your Membership
- Loyalty Program Changes
  - may at any time make any changes to these Loyalty Terms at its sole discretion, including but not limited to changes to rules governing: Standard Loyalty Points (including adjustment upwards or downwards of the number of Points earned for every Dollar of spend), expiry of Loyalty Points, and awarding of Member Promotional Benefits.
  - will provide at least 90 days prior notice on the STAX. Website and in the STAX. App of any material changes to these Loyalty Terms.
  - These Loyalty Terms were last updated 10/10/2024.
- Termination and Transfer
  - STAX. may in its sole discretion, suspend, change or terminate your participation in the Program (including cancelling or suspending your Loyalty Points), if STAX. reasonably believes that you have:
    - breached these Loyalty Terms; or
    - engaged or may engage in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to your Membership or in a claim for allocation of Loyalty Points; or
    - engaged or may engage in inappropriate conduct that undermines the legitimate interests of STAX. (e.g., theft from a STAX. store).
  - Where STAX. intends to terminate your Membership, STAX. will provide you with written notice of such termination and you will have 14 days to rectify the breach (where possible) and/or advise STAX. in writing as to why your Membership should not be terminated. STAX. will review any response you provide and will advise you of its decision. STAX. may, at its discretion, cancel or suspend the use of all or any Loyalty Points that have been issued to you if your right to participate in the Program is suspended or terminated.

Note: Upon receipt of a written cancellation of Membership notice under this clause, STAX. will cancel the relevant Membership and all accumulated Loyalty Points in that Member's account (along with any unused Benefits and Member Promotional Benefits held by the Member) will immediately expire. Accordingly, we recommend that Members carefully plan all cancellations to avoid unintentional loss of accumulated Loyalty Points (and of unused Benefits and Member Promotional Benefits).

STAX provides no warranty as to the continuing availability of the Program and may terminate or suspend the Program at any time by:
- providing at least 90 days notice on the STAX. Website and in the STAX App.; and
- using reasonable efforts to also give at least 90 days notice to each of the Members of such termination or suspension by email to the email address provided by the Member to STAX. in the Member’s STAX, App or STAX. Member Profile,
- except if STAX. ceases to operate a retail business and/or has a liquidator, administrator, receiver or controller appointed to any member of the STAX group in which case STAX. may terminate the Program immediately by giving notice on the STAX. Website and in the STAX App.
If STAX. terminates or suspends the Program, Members will be able to redeem Loyalty Points or redeem, use, apply, or partake in, any unused Benefits or Member Promotional Benefits during the notice period in accordance with these Loyalty Terms (after which any accumulated Loyalty Points, unused Benefits and Member Promotional Benefits will expire), except if terminates the Program due to ceasing to operate a retail business and/or any member of the STAX group having a liquidator, administrator, receiver or controller appointed, in which case any accumulated Loyalty Points, unused Benefits and Member Promotional Benefits will immediately expire .

Personal Information
- Each Member acknowledges that STAX. collects, uses and discloses information about the Member, in order for STAX. to provide the Member with Loyalty Points and any Benefits and Member Promotional Benefits as well as administer the Program and undertake the activities further set out in this clause. The information about such use in this clause 9 should be read alongside the Privacy Policy, which contains more detailed information about how a Member’s personal information is processed.
- If the Member does not provide all or any part of information requested by STAX., the services provided to that Member by STAX., and the Loyalty Points and any Benefits and Member Promotional Benefits that the Member receives, may be affected.
- collects personal information about each Member (including the products and services available to or used by a Member):
  - to enable STAX. to market products and services to the Member. This is one of the primary purposes of the Program;
  - to facilitate the Member’s participation in the Program, including:
    - by processing the Member’s membership,
    - awarding the Member with Loyalty Points,
    - confirming the Member’s eligibility for, and providing any products and services associated with, the Program, and
    - enhancing and tailoring the Member’s use of the Program;
  - for STAX. and third parties to generate consumer insights about the Member in order to better understand the Member’s preferences and interests, customise the Member’s experience, enhance the products and services supplied to the Member and to tell the Member about the products and services of STAX. In order to do this, STAX. may collect and combine personal information about the Member from third parties or public sources (e.g. ABS census data);
  - to identify suspicious transactions and to detect and prevent fraud;
  - to improve the STAX. App and STAX. Website (including STAX. Member Profiles) and services, including by means of product development and market and behavioural research; and
  - for operational management of the Program.
- may collect the Member’s personal information from the Member directly, including during a Member's interaction with the STAX. App and STAX Website, services or applications or when the Member is logged into their STAX. Member Profile. STAX. may also collect the Member’s personal information from third parties, members of the STAX group, or third parties providing services for STAX. and for the Program.
- For the reasons described above, STAX. may disclose a Member’s personal information to:
  - other members of the STAX group;
  - any third party providing services for the Program and providing Loyalty Rewards and Benefits products and services (including products and services available to Members), administering the Program, operating STAX.’s Customer Care Team (contactable at help@stax.com.au) , providing market research and marketing services, and assisting with the prevention and detection of fraud; and
  - other third parties, such as law enforcement agencies and courts, in order to comply with its legal obligations or in connection with a legal claim or in response to a validly served and executed court order or subpoena.
- .
- Marketing consent: By becoming a Member, the Member provides their express consent to STAX.:
  - sending the Member marketing communications including via direct mail, telephone, email, SMS, in-app notifications and advertising or other digital means, including:
    - news and offers for Members; and
    - offers, news and updates from STAX;
  - associating and combining data collected from third parties with the Member’s personal information and using and disclosing that combined information to create aggregated segments for the purposes of customer analytics and marketing and to customise the Member’s experience.

Email: STAX. sends emails to Members using several different subscription lists. Members can unsubscribe by clicking unsubscribe in the relevant email, which will unsubscribe them from the subscription list from which that email originated.

for in-app notifications via app preferences; and
for SMS messages, by opting out directly from an SMS.

Opting out of these communications may impact STAX.’s ability to provide you, as a Member, with all the Loyalty Rewards, Benefits and Member Promotional Benefits that may otherwise be available as part of your Membership. There are, however, some service messages that we must be able to send you. These include, for example, information relating to your Membership, information about products you have purchased, and forgotten passwords.

This clause 9 survives the termination or expiry of these Loyalty Terms and the suspension or termination or of the Program.

Liability
- acknowledges that certain jurisdiction's laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers in Australia, certain services come with statutory guarantees under the Competition and Consumer Act 2010 (Cth) that they will be provided with due care and skill and be reasonably fit for their purpose. Clause10.2 is not intended to exclude or restrict the application of such laws.
- Subject to clause 1 and to the extent permitted by law in any applicable jurisdiction, STAX., any of their officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, for any negligent acts and omissions or any consequential or economic loss or loss of profits), arising under or in connection with these Loyalty Terms or the Program, including, without limitation, any changes to the Loyalty Terms or the Program (Loss). Subject to clause 10.1 and to the extent permitted by law in any applicable jurisdiction, if we are liable to you for any Loss, our maximum aggregate liability to you for such Loss will be limited to the aggregate value of your accumulated Loyalty Points, unused Benefits and Member Promotional Benefits at the relevant time.
General Information
- You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of or connected to the Program, your participation in the Program, any Loyalty Points earned, any Benefits or Member Promotional Benefits acquired or any other transaction in respect of or connected to the Program.
- Governing Law: The Loyalty Terms and membership in the Program are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the Member has signed-up to the Program. In any action or other legal process with respect to any matter or thing in connection with these Loyalty Terms or Membership the Member conditionally submits to the exclusive jurisdiction of the courts of the State of New South Wales, Australia, and any courts of appeal from them.
- Nothing in these Terms affects any rights a Member may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under consumer protection legislation in any Australian State or Territory.
- If part or all of any clause of these Loyalty Terms is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Loyalty Terms and the remaining provisions of these Loyalty Terms will continue to have full force and effect.
- Any failure or delay by STAX. in exercising its rights under these Loyalty Terms does not constitute a waiver of those rights. Any waiver by STAX. must be in writing and signed by an authorised officer of STAX.
- may provide notice to Members on the STAX App (including by push notification), by publishing or posting on the STAX. Website (or via the STAX. Member Profile), or in writing by post, email or SMS.
- Where STAX. gives you notice:
  - by post, you agree that the notice is deemed to have been given to you on the date of actual receipt of the notice or on the date it would have been delivered in the ordinary course of post, whichever occurs first; or
  - by email, SMS or push notification, on the date of the email, SMS, or push notification (as relevant),

provided it is sent to the last known address, email address or mobile number, STAX. has for you in connection your Membership.

Appendix A – Loyalty Points Exclusions

The below purchases do not earn Loyalty Points. This list may change from time to time.

In STAX. Stores or online at stax.com.au:

Email is the best to use for now

Ok, as soon as the sign up page is completed we can run through this.

This looks good to me. Can we just state this and let users agree that they are over 18 or 15 with parental consent?

Contacting the customer care team is the best way to handle this. Should we add the email help@stax.com.au here?

Points are added 21 days after transactions online and inshore. This gap is to prevent fraud in returns but keeping points

TBC, will confirm internally

Can we have two versions, one refundable and one non refundable? At the moment technical challenges may make the return/refund process too challenging at scale

Cancel membership by sending an email to help@stax.com.au

Not including the United States. Please note all US & US Territories are not allowed to join

At the moment you can only unsubscribe from the communication itself, eg: the email of the sms

Please exclude gift cards here, we are adding loyalty benefits to the purchase of gift cards