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The “Nailist” Recognition and Rewards Programme: Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE “NAILIST” PROGRAMME CAREFULLY. BY PARTICIPATING IN THE PROGRAMME, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL OTHER TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE PROGRAMME.

1. Introduction

  1. Welcome to the “Nailist” Recognition and Rewards Programme ("Programme") by Nails By Annabel Limited (company number 10766890) ("NBA", "we", "us" or "our"). We have created and launched the Programme to thank and reward our nail professional customers ("you" or "your") for their brand loyalty and to support their professional growth journey through unique and exclusive benefits and rewards. These benefits and rewards may, depending on tier-status achieved, include discounts, gifts, access to education courses and the wider NBA community and other perks.
  2. By participating in the Programme, you agree to these Terms and Conditions of Participation ("Terms"), which govern your membership in the Programme. You also agree to be bound by our Privacy Policy Privacy policy – Glitterbels and our website terms of Terms & Conditions – Glitterbels which are incorporated herein by this reference. These Terms do not alter in any way the terms and conditions of any other contract you may have with us, including any online or offline contract for the sale and purchase of NBA products and services.

2. Programme Eligibility

  1. Membership in the Programme is open to any person who:
    • is at least 16 years of age; and
    • has enrolled on the Glitterbels training programme and is in training with NBA (as confirmed by us) or has completed an accredited nail technician diploma and has provided suitable evidence of this qualification to NBA at the relevant time and upon request, and which NBA has subsequently verified through its policies and procedures; and
    • has created a Glitterbels account on our website at glitterbels.com (as updated from time to time by us) (“Site”) (see section 3 of these Terms for further details).
  2. NBA provides products and services to nail professionals only. Any persons who are consumers do not qualify for, and are excluded from participating in, the Programme.
  3. The Programme is currently only available to our customers located in the United Kingdom.

3. Membership & Enrolment in the Programme

  1. If you are an existing NBA customer who already has an online Glitterbels account with us on the Site and are eligible for membership in the Programme in accordance with these Terms, you can enrol in the Programme and activate your membership by simply signing into your Glitterbels account and following the on-screen prompts relating to the Programme.
  2. If you are an existing NBA customer who does not have an active online account with us on the Site or you are a new customer, then providing that you are eligible for membership in the Programme in accordance with these Terms, you can enrol in the Programme and activate your membership by creating a Glitterbels account on the Site and following the on-screen prompts. You are required to provide a valid email address in order to enrol in the Programme. 
  3. You are solely responsible for maintaining the accuracy of your Glitterbels account information and for updating it as required. You may update your personal information on the ‘Delivery Address’ section within the customer account page on the Site. Your Glitterbels account information (including security details) are confidential and should not be shared with any other person.
  4. Membership in the Programme (and the benefits and rewards associated with such membership) is personal to you and you must not under any circumstances whatsoever transfer, sell, share or otherwise assign (or purport to transfer, sell, share or assign) your membership (or the benefits and rewards associated with such membership).
  5. No purchase is necessary to enrol in the Programme, but purchase is necessary in order to qualify for certain tier levels within the Programme (see section 4 of these Terms for further details).
  6. Only one Glitterbels account may be associated with a single member and a single email address. You must maintain only one Glitterbels account on the Site.

4. Tier Structure & Benefits of the Programme

  1. The Programme is a tier-based program, with each tier having its own unique set of rewards and benefits. Rewards and benefits will vary by tier and some tiers may have more rewards and benefits than others. To qualify for rewards and benefits, you must have achieved the minimum spend in a calendar quarter on eligible products purchased online on the Site (see section 3d. below for details of spend thresholds). The four calendar quarters in each calendar year are: (i) 1 January to 31 March; (ii) 1 April to 30 June; (iii) 1 July to 30 September; and (iv) 1 October to 31 December.
  2. Your tier status is determined by your total spend per calendar quarter on online purchases of eligible NBA products made via the Site. If you enrol in the Programme part way through a calendar quarter, your total spend will be calculated from the first day of the relevant calendar quarter in which you enrolled in the Programme (as notified to you by us). Your spending will be reviewed by NBA at the end of each calendar quarter to determine your tier qualification for the upcoming calendar quarter (with a deduction for the value of any products that have been returned). Upon confirmation by NBA, applicable benefits and rewards will be activated for the upcoming calendar quarter and, where applicable, will be automatically applied by NBA.
  3. For your purchase to qualify for the Programme, you must be enrolled in the Programme and be signed into your Glitterbels account at the time of purchase. Only purchases made on the Site are eligible for the Programme. For the avoidance of doubt, any purchases made online via other third-party websites (including those which are operated by our distributors or resellers) are not eligible for the Programme.
  4. There are 4 tiers of membership in the Programme: Glitter, Silver, Gold and Diamond. The spend thresholds relating to each tier are as follows:
    • Tier 1 (“Glitter”): £30 - £59.99 spend per calendar quarter.
    • Tier 2 (“Silver”): £60 - £149.99 spend per calendar quarter.
    • Tier 3 (“Gold”): £150 - £299.00 spend per calendar quarter.
    • Tier 4 (“Diamond”): £300 + spend per calendar quarter.

    NBA reserves the right at its absolute discretion to change the above mentioned spend thresholds at any time.

  5. Spend to determine tier status is accrued with each qualifying purchase of NBA products via the Site, less any returns, cancellations, refunds and discounts applied. Spend is determined post-promotional offers and after taxes and shipping charges.
  6. If, at the end of any given calendar quarter, your total spend is less than £30, you will not achieve tier status for the upcoming calendar quarter and will not qualify for or be entitled to any rewards or benefits for that given calendar quarter. You can regain a tier level and requalify for rewards and benefits in future calendar quarters by achieving the minimum spend thresholds in an upcoming calendar quarter.
  7. Each tier offers unique rewards and benefits exclusive to members at that level. For further details relating to the rewards and benefits relating to each tier (as well as any corresponding conditions, limits or exclusions (e.g. expiry dates)), please visit our dedicated ‘Nailist Programme’ page on the Site. Please note, rewards and benefits are subject to availability; may change from time to time and may be offered on a limited basis. If for any reason a reward or benefit is not available, we reserve the right, at our sole discretion, to substitute that benefit or reward (or an element of it) for another of equal or greater value.
  8. When you enrol in the Programme, you will not qualify for any rewards and/or benefits during the relevant calendar quarter in which you have enrolled (“First Membership Quarter”). After the First Membership Quarter, your tier status will be determined by spend in the immediately preceding calendar quarter. You will be moved up a tier, down a tier or remain in the same tier depending on actual spend in the relevant calendar quarter. Your status in a particular tier is valid for the remainder of the calendar quarter in which you first qualify for that tier. Spend is reset to zero at the beginning of each calendar quarter and the exact date will be communicated to you and may change each quarter.
  9. You can view your current membership status and tier level along with spending progress towards tier status for the next calendar quarter on the ‘Dashboard’ within the customer account page on the Site.
  10. Rewards and benefits earned through the Programme have no monetary value, are non-transferable and cannot be exchanged or returned for a refund. You have no property rights in or to the Programme rewards or benefits. The products and services made available by us through the Programme are for your personal use only. You may not sell or resell any of the products or services you receive from us.

5. Programme Communications, NBA Marketing Emails and Data Privacy

  1. You acknowledge and agree that in order for us to effectively administer the Programme in accordance with these Terms and to allow us to manage your membership of and participation in the Programme, we will need to communicate with you.
  2. To enable us to perform our legal contract with you in relation to the Programme, we will from time to time send emails, direct mail and other electronic communications to you (for example, to notify you of rewards and benefits which you may have qualified for). If you contact us to request that we stop sending communications to you (including by email), you acknowledge and agree that we will not be able to properly perform our contract with you in accordance with these Terms, and so we may have to terminate your membership of the Programme. If your membership is terminated, any rewards or benefits which you have earned will automatically expire and you will no longer have access to the Programme.
  3. At the time of enrolment in the Programme, we may give you the option to opt-in to receive other generic NBA marketing emails from us. You may opt-out of receiving these emails at any time by following the instructions provided in the email and as otherwise provided in our Privacy Policy Privacy policy – Glitterbels.
  4. NBA respects your privacy. Participation in the Programme involves the collection and use of your personal information (for the purposes of, for example, managing your membership, tracking spending and communicating details (such as rewards and benefits) relating to the Programme). Please review our Privacy Policy Privacy policy – Glitterbels for full details as to how we collect, handle, use, store and protect your information.

6. Intellectual Property

  1. Copyright and all other intellectual property rights in our graphics, logos, names, the Site, the Programme, the Educational Content (as defined in section 9 of these Terms) and all other materials supplied or made available by us are vested in NBA and/or its licensors and no part may be copied, reproduced or otherwise exploited in any way without our express prior written consent. 

7. Changes to the Terms and the Programme and Termination

  1. The Programme and its rewards and benefits are offered at our sole discretion. We may, in our discretion, modify these Terms or cancel, modify, restrict or terminate the Programme, or any aspect or feature of the Programme, even though such changes may affect the value of rewards and benefits already earned and/or the ability to redeem earned rewards and benefits. In the event that we make changes, we will endeavour to notify you via email or via posts on the Site unless it is not possible to do so (for example, due to a change in the law). If you decide you don’t want to remain a member of the Programme under the updated Terms, you can contact our customer service team using the contact details set out in section 12 of these Terms to terminate your membership before the change takes effect. Your continued participation in the Programme after the effective date of any changes will constitute your acceptance of such changes.
  2. If you decide you no longer want to be a part of the Programme, you may cancel your membership at any time by contacting us using the contact details set out in section 12 of these Terms. If you cancel your membership, you will automatically and immediately lose your tier status and forfeit associated rewards and benefits accumulated as part of the Programme.
  3. Accounts with fraudulent or criminal activity (or suspected fraudulent or criminal activity), as determined by NBA in its absolute discretion, may be terminated or suspended by NBA and access and entitlement to the rewards and benefits of the Programme will immediately cease. We are not responsible for rewards and benefits lost or redeemed due to fraudulent activity by you or any third party.
  4. Any abuse or suspected abuse of the Programme, failure to comply with or breach of any of these Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests or brand reputation, including without limitation, any suspected illegal, fraudulent or other unauthorised use of any Programme rewards or benefits (all as determined by us in our absolute but reasonable discretion), may result in the revocation of your membership of the Programme and make you ineligible for further participation in the Programme. If your membership is revoked, any rewards or benefits which you have earned will automatically expire and your access to the Programme will automatically terminate.

8. Dispute Resolution

  1. Any disputes related to the Programme should be directed in writing to NBA’s customer service team using the contact details set out in section12 of these Terms. We aim to resolve disputes fairly and amicably.

9. Disclaimer of Warranties and Limitation of Liability

  1. NBA is not responsible for any loss, damage, or inconvenience resulting from your participation in the Programme or from accepting or using the rewards or benefits associated with the Programme, to the fullest extent permitted by applicable law. Nothing in this section 9 shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
  2. You acknowledge and agree that NBA does not make any warranties, representations, assurances or guarantees of any kind whatsoever, whether express or implied, in connection with these Terms or the Programme or any of the rewards and benefits associated with the Programme, except to the extent that such warranties, representations, assurances and/or guarantees cannot be excluded by applicable law.
  3. You agree that, to the fullest extent permitted by applicable law, NBA is not responsible in any way whatsoever (whether in contract, tort (including negligence), pre-contract or otherwise) for any:
    • access delays or access interruptions to the Programme;
    • any inaccuracies or omissions in Programme content;
    • losses or damages of any kind incurred as a result of any reward and/or benefit of the Programme;
    • computer viruses, system failures or malfunctions which may occur in connection with your use of the Site;
    • events beyond our reasonable control;
    • economic losses (such as loss of revenues, profits or anticipated savings) or any indirect, consequential or special losses of any kind.
  4. Due to its inherent nature you acknowledge that NBA is not liable or responsible for any delay, disruption or disturbance in the operation of the internet. Further, you acknowledge that 24 hour access to the Site (including your Glitterbels account) may be interrupted due to telecommunications failures which are beyond the control of NBA and/or downtime for repairs, maintenance and upgrading. 
  5. Where rewards and benefits feature educational courses, materials and/or content (Educational Content), such Educational Content is made available by NBA solely for training and educational purposes and it is intended that you use the Educational Content as guidance material only. The right to access and use the Educational Content is personal to you and you must not under any circumstances whatsoever copy, reproduce, share, sell or otherwise exploit the Educational Content (save as expressly permitted by these Terms). The Educational Content does not indicate a commitment to a particular course of action and is not a substitute for independent professional advice. NBA does not accept responsibility for loss howsoever occasioned to any person or persons arising from any reliance; including but not limited to reliance on any Educational Content for the purposes of giving advice, making business decisions or providing services to third parties. You shall accept, abide by and comply with the terms of any user agreement relating to access to and use of any third-party site on which the Educational Content is made available to you.
  6. If you are dissatisfied with the Programme for any reason, termination of your membership in the Programme is your sole remedy. We have no other obligation, liability or responsibility to you except as expressly required by applicable law.
  7. You shall indemnify NBA and keep NBA indemnified against any and all liabilities, damages, losses, fines, expenses and costs (including reasonable professional costs and expenses) arising as a result of or in connection with any breach of these Terms (including without limitation sections 6 and 9e. of these Terms).

10. Entire Agreement; Waiver and Survival

  1. These Terms govern our relationship with you as it relates to the Programme. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as expressly set out in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of these Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms.

11. Governing Law and Jurisdiction

  1. The Programme and these Terms shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

12. Contact Us

  1. For information about the Programme and your membership in the Programme, please contact our customer service team using the details set out below. You may also find helpful our answers to frequently asked questions in the FAQ section on the dedicated ‘Nailist Programme’ page on the Site. If you need to contact us for any reason, our company details and contact details are as follows:

Nails By Annabel Limited

Registered Office: Davenport Street, Burslem, Stoke-on-Trent, Staffordshire ST6 4LN

Company Number: 10766890

Telephone: 01782 901012

Email: info@glitterbels.com

By participating in the Programme, you acknowledge, accept and agree that you have read, understood and agreed to be bound by these Terms.