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The Frequent Steeper™ program terms and conditions

The Frequent Steeper™ Program (“Program”) is a free rewards program offered by DavidsTea Inc. (“DavidsTea”, “we” and “our”) to its customers located in the US and Canada. The Program gives you the opportunity to earn and redeem Frequent Steeper™ points and rewards at DavidsTea stores and online.

Please carefully read these terms and conditions (“Terms and Conditions”).

By creating an account or accessing, participating in or using the Program, you agree to be bound by these Terms and Conditions and by all terms incorporated by reference. If you do not agree with these Terms and Conditions or other terms incorporated by reference, do not participate in this Program.

1. Membership Eligibility

Membership in the Program (“Membership”) is free. No purchase is necessary. To participate, you must be a US or Canadian legal resident, 13 years of age or older, and must obtain the consent of your parent or legal guardian if you are under the age of majority and such consent is a requirement in the jurisdiction of your residence. Program Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from DavidsTea in its sole discretion. There is a limit of one Membership per individual. Employees, officers, directors, agents and representatives of DavidsTea and its affiliates are not eligible for Membership.

There are two (1) ways to enroll in the Program:

• Create your DavidsTea account online at https://www.davidstea.com/us_en/register/. You will need to provide an e-mail address. Then opt in to the Program. No Cards will be delivered, but a Card is not required for this Program.

Other technology for enrolling and participating in the Program may be approved by DavidsTea from time to time.

After enrolling, you are responsible for updating the e-mail address associated with your account, which you can do by logging into your online account at www.davidstea.com. If you do not provide us your current e-mail address, or we are otherwise unable to contact you at the e-mail address you provide, we are not responsible for notifying you of any developments relevant to the Program.

2. Earning Frequent Steeper™ Points

Under the Program, for every dollar (see section 20 below for your applicable currency) spent on DavidsTea merchandise online at www.davidstea.com or in DavidsTea retail stores, you will receive 1 Frequent Steeper™ point when you provide or check out with the e-mail address that is associated with your Program account (see section 8 below for exclusions). The number of points awarded will be calculated based on the rounded-up amount closest to the net amount invoiced and paid.

We may also offer bonus points for promotions or events from time to time. In such circumstance, the bonus points offer would apply instead of the one-point-for-one-dollar formula. For example, if we have a 3x points offer on a particular product, a Member would get 3 points for every U.S. or Canadian dollar spent instead of the usual 1 point.

Before completing your purchase, you must provide your Frequent Steeper™ registered e-mail address or present your Frequent Steeper™ Card to have any points credited to your account. Provided that you are a member at the time of purchase, you may also register your points 24 hours after your purchase, by contacting DavidsTea customer service as indicated below in section 24 (“Customer Service”) and including your receipt number in the body of your message.

Points have no cash value and can only be redeemed for Rewards (as defined in section 5). Points cannot be redeemed on shipping fees. Points are never redeemable for cash, for another product (unless expressly permitted by DavidsTea), for gift cards or for e-gift certificates and cannot be used as payment for any in-store services.

3. Earn Rewards with Frequent Steeper Points

You will earn one (1) Reward as described in section 5 below for every 100 points accumulated in your Program account. Every time you reach a 100-point level, DavidsTea will within 24 hours automatically convert these 100 points into one (1) Reward. We will then send an e-mail to the e-mail address associated with your account to advise you when you earn a Reward. Your earned Reward will also appear in your Program account in the Rewards zone. The converted points will at the same time be automatically deducted from your account and they will no longer be visible in your current points balance. A Reward cannot be earned for less than 100 points.

For example, if you earn 290 points after one qualified purchase, you will receive within 24 hours two (2) Rewards in your Program account and your points balance will be at 90 points.

4. Redeeming your Rewards

You will have 365 days after your Reward appears in your Program account to redeem your earned Reward. The reward expires on the 365th day at 11:59:59PM est. Earned Rewards can be redeemed in two ways:

1. Online with a purchase of merchandise at www.davidstea.com. We cannot ship your Reward unless you purchase merchandise. No minimum purchase amount is required. However, the retail value of the Reward is not accounted for in the calculation of the minimum purchase amount for free shipping. When logged into your Frequent Steeper account, you can add Rewards to your online basket from the checkout process. Rewards can only be shipped to addresses in the US or in Canada.
2. In any DavidsTea store location, with or without a purchase. When shopping in store, the Reward will be available at the register when you check out.

You are not obligated to redeem an earned Reward during an online purchase session during checkout or in-stores and you may do so at your convenience during the 365-day period.

5. Rewards

Under this Program, a reward ("Reward") is your choice of one of the following items:

1. You can select any 1.7 oz loose leaf tea and select matchas*. Unfortunately, our Superfood Powders and bulk formats are excluded.
   *Ceremonial Matcha, Organic Ceremonial Matcha and Organic Super Shroom Matcha are excluded.
2. Non-sellable merchandise exclusive to the Program, as available from time to time.

Other Rewards may be offered by DavidsTea from time to time in its sole discretion. DavidsTea makes no guarantee that your Reward choice will be available at the time you make your selection. If your Reward choice is not available, we will take reasonable efforts to provide an equivalent item.

Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for points, cash, another Reward, products, gift cards or e-gift certificates. DavidsTea is not responsible for lost, stolen or damaged Cards or Rewards. DavidsTea is not responsible for any taxes incurred by customers or their guests. Some Rewards may only be available to residents of a particular country (e.g., US only or Canada only). Rewards are subject to change, alteration, substitution, or termination by DAVIDsTEA at its sole discretion at any time.

In the event a Reward arrives damaged, you received the wrong Reward, or a Reward you ordered is missing from your shipment, you have 7 days following your receipt of the shipment to contact DavidsTea Customer Service. Otherwise, Rewards will be deemed accepted as is and may not be returned or exchanged.

If DavidsTea authorizes you to return a Reward after you have taken possession of it, then your Reward will be re-credited in your account.

6. Your Program Account

You may have only one Program account. You can view online your current point balance, your earned Rewards, as well as any point activity in your Membership account. You may also obtain this information by asking one of our employees in-store. To view your balance online, simply log in to your online account. Your Frequent Steeper™ page is your destination for everything related to the Program and your Membership, including viewing your current points balance and available Rewards earned, redeeming Rewards and gifts, and learning about your Program benefits. This page can be accessed by logging into your online account at www.davidstea.com.

If DavidsTea accepts a product return and refunds you for any item you purchased for which you received Frequent Steeper™ points, then:

1. The corresponding points will be deducted accordingly in your Program account; and
2. Any Reward earned after making the original purchase will be cancelled and all of the points you accumulated for such Reward will credited in your Program account. Accounts will never have a negative balance.
7. Other Program Perks

Special offers may be made to members from time to time, and bonus points may be awarded during a limited time when purchasing certain products and services, at the conditions stipulated at that time. As well, special offers could be made to members based on their profile, their needs, their geographical location, or their past participation in the Program.

8. Earning and Redemption Exclusions

Frequent Steeper™ points cannot be earned or redeemed for any of the following: (i) the purchase of e-gift cards, gift cards, or prepaid cards, (ii) a deposit (e.g., a water bottle deposit, as it is not a purchase), (iii) cash back, (iv) gifts with purchases, (v) applicable taxes, (vi) delivery and shipping charges, (vii) purchases made through third parties in their locations or online (e.g. Loblaws, Provigo, Amazon or eBay), (viii) points earned in a manner not permitted by these Terms and Conditions or any offer as determined in our sole discretion, (ix) any other product or service that may not legally be offered in your jurisdiction in connection with the Program, or (x) any other products or service that we may specify from time to time or where prohibited by law.

9. Super Steeper VIP Status

As a member, you are eligible to obtain Super Steeper status. Super Steeper status is unrelated to your number of accumulated points and is conferred every time you spend $400 in eligible dollars (see paragraph 8) during a Program Year. You must register your eligible spending in your Program account, so we can track your eligibility for Super Steeper status. See section 20 below for your applicable currency. “Program Year” means a 12-month period starting on the date of your first purchase under the Program as a registered Frequent Steeper™ member. Your Super Steeper status will be valid for the Program Year in which you qualified as such and for the following full Program Year. After that, your Super Steeper status will expire, although you may qualify again as a Super Steeper as provided above.

For example, suppose you enroll in the Program on September 14th, 2018 and make your first purchase under the Program on October 22nd, 2018. The first applicable Program Year will be from October 22nd, 2018 to October 21st, 2019. If you attain Super Steeper status on August 1st, 2019, your VIP status will be applicable until October 21st, 2020, i.e. for (a) the remaining period of time of your first Program Year from August 1st, 2019 to October 21st, 2019, plus (b) the following Program Year starting on October 22nd, 2019 and ending on October 21st, 2020.

As a Super Steeper, you will have access to exclusive VIP perks as they may be offered from time to time through e-mail notification to the e-mail address associated with your account. These perks may include:

1. Swag offers (as further defined and described below; limited quantities, while supplies last)
2. Store events
3. Early access to sale items
4. Access to limited run teas
Details on how to claim or access to any such above VIP perk will be explained in each dedicated offer.

“Swag” is non-sellable DavidsTea branded merchandise specific to VIPs under the Program and are subject to the following conditions:

• We will notify you when you have earned a Swag item and it will appear in your account.
• Swag offers are for a limited time only, in a limited quantity, while supplies last, and are provided on a first-come, first-served basis.
• Swag merchandise is to be redeemed online only at www.davidstea.com and is not available in store.
• Swag offers are conditional upon you spending over $400 per Program Year (in eligible dollars, see paragraph 8). You must register your eligible spending in your Program account, so we can track your eligibility to earn Swag, in the same way as for earning points (section 2). This is independent of the applicable period of time in which your VIP status is valid.
• You may only redeem one Swag item per 12-month period.
10. Point Expiration

It's our hope that you accumulate points on a regular basis. All unredeemed points will automatically expire if you do not engage in point activity associated with your Membership account (through purchase or redemption) for 12 months or more. (As provided in section 4 above; unredeemed Rewards will already have expired by that time.) If you have questions regarding the date of your last point activity or your last purchase, you may check your Membership account balance online or ask us by contacting DavidsTea Customer Service.

Before you reach twelve (12) months of inactivity (meaning that no points have been awarded or converted into Rewards during that period), we will send an e-mail to the address associated with your account advising you that if no transaction is made before the date of expiration provided (“Expiration Date”), the points in your account will expire and will be cancelled at such time. This inactivity e-mail notice will be sent to the e-mail address associated with your account between thirty (30) to sixty (60) days before your points are cancelled at the Expiration Date. If there is no activity at the Expiration Date, your points in your member account will be automatically cancelled.

Even if your points expire, your account will remain open and you will continue to receive communications by e-mail related to the Program and DavidsTea (subject to section 14). You will be able to reactivate your Program account and Card (if you have one) and thereby recommence earning new points under the Program. Reactivating an account or a Card will not restore cancelled points.

In addition, points and Rewards will automatically be cancelled if your Membership is suspended, revoked or otherwise terminated for reasons further detailed in section16.

11. Privacy

DavidsTea’s Privacy Policy (the “Privacy Policy”) applies to the Program and is available at www.davidstea.com or upon request through DavidsTea Customer Service. Please refer to our Privacy Policy. This Privacy Policy may be amended from time to time. By agreeing to these Terms and Conditions, you are also agreeing (or if you are a minor, your parent or legal guardian agrees) to the terms of the Privacy Policy and you undertake to review those terms, as such may be amended from time to time upon prior notice.

12. Website Terms & Conditions

DavidsTea’s website Terms of Service (the “Website Terms”) apply to the Program every time you use our website for the Program. The Website Terms are available at www.davidstea.com or upon request through DavidsTea Customer Service. Please refer to our Website Terms every time you use our website. These Website Terms may be amended from time to time. By agreeing to these Terms and Conditions, you are also agreeing (or if you are a minor, your parent or legal guardian agrees) to the Website Terms and you undertake to review those terms, as such may be amended from time to time.

13. Communications from DavidsTea

By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from DavidsTea. By signing up to join the Program, you will automatically be subscribed to receive Program e-mails.

14. Opting Out of Communications with DavidsTea

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.davidstea.com or by contacting Customer Service. You may also at any time unsubscribe by clicking on the unsubscribe option that we will make available in the e-mail communication. Opting-out will not affect your rights and privileges under the Program.

15. Changes to the Program

DavidsTea reserves the right to unilaterally modify, limit, suspend and interrupt Program Terms and Conditions without prior notice. The following terms and conditions can be modified: Program eligibility terms, number of points awarded per dollar spent, necessary amount of points for automatic conversion into Rewards, Reward offers, eligible purchases to earn points, the period of time for inactivity for point expiration, etc.

In the event these Terms and Conditions or any aspects of the Program are restricted, suspended or changed, we will provide you advance notice by posting the amended Terms and Conditions online at www.davidstea.com, and by sending a notice to the e-mail address associated with your account. The notice will contain a comparison illustrating the changes. Your continued participation in the program following such notice will constitute your consent to any amendments to these terms and conditions, or any other aspect of the program.

In the event that the amendment entails an increase in your obligations or a reduction in our obligations and you do not agree to such amendment, you may close your account and cancel your participation in the Program without cost or penalty. You will then have 365 days to redeem any earned Reward or Swag made available in your Account. Any points that are not converted into Rewards after 365 days will be forfeited.

The version of the Program Terms and Conditions on the DavidsTea website shall prevail over any other previous versions.

16. Termination

We reserve the right to:

1. terminate the Program, or any part of it, at any time with 45 days prior written notice (to be through our stores, on our website, or through other communications to Program members, including via e-mail). If the Program is terminated, you will have up to 365 days after the effective termination date to redeem any earned Reward in your account. After the expiry of the 365-day period, any Rewards that have not been redeemed and all points will be forfeited and your Membership will end;
2. terminate your participation in the Program immediately on grounds of any abuse, manipulation, fraud, tampering with the Program, failure to repeatedly follow any Terms and Conditions of the Program, any conduct detrimental to the interests of DavidsTea. In the event of such termination, we will send an e-mail notice to the e-mail address associated with your account. Upon such termination, any Rewards that have not been redeemed and all points will be forfeited and your Membership will end; and
3. withdraw or temporarily change or suspend all or part of the Program in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Program as set out in these Terms and Conditions. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Program in any way (as we may determine at our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.

Members may leave the Program at any time, at their sole discretion, by sending an e-mail to this effect to Customer Service. The member’s information will be deleted upon their specific demand and the points accumulated and Reward(s) earned or Swag item(s) made available in the account will be revoked and cancelled.

17. Release and Limitation of Liability

To the fullest extent permitted by law, you discharge and release DavidsTea and its affiliated entities from, and you agree that they will not be liable for, any liabilities or damages of any kind arising out of or in connection with your participation or membership in the program, the redemption and use/misuse of any item, event or experience obtained through the redemption of points or rewards or otherwise in connection with the program, including liability and damages arising out of changes to or termination of the program. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, or consequential damages, loss of data, income, or profit, loss of or damage to property and claims of third parties which are specifically excluded. to the fullest extent permitted by law, the limitations on DavidsTea’s affilated entities’ liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. by agreeing to these terms, you willingly agree (or, if you are a minor in your jurisdiction, your parent or legal guardian willingly agrees) that you have relinquished your right to seek these damages from DavidsTea and its affiliated entities and that this is a reasonable allocation of risk.without prejudice to the foregoing, to the fullest extent permitted by law, in no event shall our maximum aggregate liability exceed forty U.S. dollars (USD 40.00).

18. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright © DavidsTea, all rights reserved. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of DavidsTea and protected by U.S. and Canadian copyright laws. All software used in connection with the Program is the property of DavidsTea or its software suppliers and is protected by U.S. and Canadian copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of DavidsTea is strictly prohibited.

19. Trademarks

Frequent Steeper, www.davidstea.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of DavidsTea and may not be used in connection with any product or service that is not offered by DavidsTea in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DavidsTea. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

20. Local Currency Is Applicable

The applicable currency for all amounts and calculations under the Program varies depending on where your purchases are made and are independent of your country of residence: U.S. dollar is applicable to purchases made in DavidsTea stores located in the U.S. or online through DavidsTea’s U.S. website(s), and Canadian dollar is applicable to purchases made in DavidsTea stores located in the Canada or online through DavidsTea’s Canadian website(s).

21. Resolving Disputes

If a dispute should arise between you and DavidsTea, we want to provide you with a resolution that is efficient and cost effective by using our Customer Service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our Customer Service, reachable at www.davidstea.com/contactus.

Notwithstanding section 20 above, any and all claim and liability in connection with or arising out of the Program, Rewards or these Terms and Conditions for which DavidsTea may be responsible at law will only be in the Canadian currency, even if you are non-Canadian resident.

22. Choice of Law and Venue

These Terms and Conditions and any related dispute are exclusively governed by and construed in accordance with the laws of the Province of Quebec, Canada, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the State of New York, United States.

23. General Provisions
1. You are responsible for protecting and keeping secure your account and Cards on your account and any password or security questions used in connection with your account and Cards.
2. Cards are non-transferable, remain the property of DavidsTea and must be returned upon request. Unauthorized reproduction of any Card is prohibited.
3. If any of the information you were required to submit when you registered for the Program changes (such as your name, mailing address, e-mail address or phone number), you must let us know immediately and give us your current information. We are not responsible if we cannot contact you because you have not given us current, accurate information.
4. We reserve the right to sell or transfer all or part of the Program to a related company or to a third party, to merge with another entity or to engage in any form of corporate reorganization or financing transaction.
5. Membership and all rights related to this Program are personal and member accounts are non-transferable. In the event of death, member accounts will be closed and the accumulated points and Rewards in the account will be cancelled.
6. The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable.
7. Our failure to exercise any of our rights, powers or remedies in these Terms and Conditions or at law, or any delay in doing so, does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any right, power or remedy.
8. Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.
24. How to Contact Us

If you have any questions about the Program, need any help or information, please contact DavidsTea Customer Service online via our webpage page at www.davidstea.com/contactus/, or visit your local DavidsTea store.