Loyalty Terms and Conditions
XWELL Rewards Terms and Conditions
The XWELL Rewards program ("Program") is a free rewards program offered by XWELL, Inc. (“XWELL”) to encourage new and returning guests to continue to enjoy XWELL products and services. Any reference to “products” and “services” in these terms and conditions, as well as any documents these terms and conditions expressly incorporate by reference (collectively, these "Terms and Conditions") includes all products and services sold in participating Treat™ and XpresSpa® retail locations, through the XWELL Rewards mobile application (“App”) and online at Treat.com and XpresSpa.com.
The Program is available to individuals aged eighteen (18) or older who purchase XWELL products or services from within the United States unless otherwise prohibited by law in the jurisdiction where the individuals reside (each a “Member”).
By enrolling in the Program, all Members:
(a) agree to be bound by and abide by these Terms and Conditions, that govern the Program or a Member’s access to and participation in the Program through Xpresspa.com("Website") and the App, including any content, functionality, and services offered by the Program on or through the Website or the App;
(b) agree that XWELL may refuse redemption of Program Points (defined below), or may revoke accumulated Program Points upon belief that a Member is in violation of these Terms and Conditions, any applicable state or federal law of the United States, or is partaking in any other unauthorized use of: (i) the Program; (ii) Program Points; or (iii) any other services offered by XWELL;
(c) agree to be bound by the decisions of XWELL, which are final and binding in all matters relating to the Program and waive any and all right to claim ambiguity in the Program or these Terms and Conditions;
(d) agree that failure to comply with these Terms and Conditions may result in disqualification from participating in the Program;
(e) agree and acknowledge that the Program Points offered through the Program have no monetary value and may not be transferred to another party, nor redeemed for any goods or services other than Program Rewards (as defined below) offered through the Program; and
(f) acknowledge and agree that these Terms and Conditions affect a Member's legal rights and obligations.
If a Member does not agree to be bound by all of these Terms and Conditions, a Member should not enroll in or participate in the Program.
Earning Program Points
Members may earn Program points ("Program Points") in the following ways:
- Fifty (50) Program Points will be earned upon creating a XWELL Member Account;
- Ten (10) Program Points will be earned for visiting XWELL on Instagram by clicking the designated link found in the Member Account on both the Website and App. Members will be redirected to XWELL’s Instagram page. Points will be earned for the Member’s first visit only;
- Twenty-five (25) Program Points will be earned by submitting a product review at shop.xpresspa.com and shopping.treat.com for products purchased by Members through those websites. Points will be earned for the Member’s first review only;
- One hundred (100) Program Points will be awarded on a Member’s birthday; and One (1) Program Point will be earned per dollar spent on XWELL products and services as described herein.
XWELL may also periodically offer, in its sole discretion, opportunities for Members to earn additional Program Points through special promotions. Information regarding these opportunities will be provided to Members through the Website, the App or through the email address provided during enrollment in the Program.
XWELL reserves the right, in its sole discretion, to change the number of Program Points awarded as set forth in the above Program Points structure. Notice of any such change shall be posted on the Website and shall be effective thirty (30) days thereafter.
Redeeming Program Points
One hundred (100) Program Points may be redeemed for a five-dollar ($5) discount on XWELL products or services (“Program Rewards”).
XWELL may also periodically offer, in its sole discretion, opportunities for Members to redeem additional Program Points through special promotions. Information regarding these opportunities will be provided to Members through the Website, the App or through the email address provided during enrollment in the Program.
Program Points shall be credited to a Member Account when earned. Program Points shall expire on the date following eighteen (18) months of Member Account inactivity ("Points Expiration Date") after which the Program Points shall expire and shall not be eligible to redeem for Program Rewards. A Member Account will be considered inactive, and any accumulated Program Points shall be forfeited and removed from the Member Account if a Member does not earn or redeem any Program Points for any continuous eighteen (18) month period.
A Member can re-enroll in the Program at any time by re-opting to participate in the Program, but any Program Points previously forfeited due to inactivity shall not be restored to the Member’s Account. Program Points may be redeemed up to and including the applicable Points Expiration Date.
XWELL reserves the right, in its sole discretion, to add, remove, or change the conditions of, relating to the accumulation, expiration or redemption of Program Points as well as any Program Rewards. Notice of any such change shall be posted on the Website and shall be effective thirty (30) days thereafter.
Limitation of Use of Program Points
Members acknowledge that Program Points have no monetary value, and may not be transferred, sold, or bartered outside of the official redemption opportunities offered through the Program.
Members further acknowledge that all redemptions of Program Points are final. Members seeking to return an item purchased in part through Program Points will be refunded the cost of the item, less the value of the discount received through Program Points. Program Points may be returned to a Member’s Account. Program Points may also not be used for gift cards purchases, shipping charges, applicable taxes, or gratuities.
Additional Program Rules
The Program and these Terms and Conditions are subject to all applicable federal, state and local laws. The Program is void where prohibited or restricted by law. Enrollment materials or data that has been tampered with or altered are void. XWELL assumes no responsibility for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible enrollment submissions, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of enrollment submissions, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive enrollment information by XWELL on account of technical problems; or (iii) any injury or damage to Member’s or any other person's mobile device related to or resulting from enrollment in or participation in the Program.
XWELL may prohibit a Member from enrolling in or participating in the Program or redeeming Program Points if, at its sole discretion, it determines that said Member is attempting to undermine the legitimate operation of the Program by cheating, deception or unfair playing practices or intending to annoy, abuse, threaten or harass any other Members or XWELL representatives. Any Member attempting to defraud or in any way tamper with the Program will be ineligible to participate in the Program and may be prosecuted to the full extent of the law.
All questions and disputes regarding the Program, including, without limitation, all questions or disputes regarding a Member’s eligibility for the Program, or compliance with these Terms and Conditions, will be resolved by XWELL in its sole discretion. Enrollment submissions that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and by means which subvert the enrollment process and Program operations are void.
Members may be disqualified if XWELL learns that such Member disparages XWELL and/or any of its subsidiary brands while participating in the Program. Members should be aware that XWELL retains the right to take legal action against Members who commit libel or slander against XWELL while participating in the Program.
These Terms and Conditions constitute a complete and binding agreement between XWELL and the Member. No waiver by XWELL of any right, obligation, or provision set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other right, obligation, or provision, and any failure of XWELL to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision, in whole or in part. To the extent that any provision of these Terms and Conditions is deemed invalid, the remainder of the Terms and Conditions shall remain in force.
Release of Liability
By enrolling and participating in the Program, Member releases XWELL, its subsidiaries, affiliates and partners, and each of their respective employees, directors, officers, agents, and advertising agencies; and all others associated with the development and execution of this Program ("Released Parties") from any and against any and all claims, liability, loss, attorneys' fees and costs of litigation and settlement, or damage whatsoever arising with respect to the Program or the awarding, receipt, possession, use or misuse of any Program Points or Program Rewards.
MEMBERS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO OR IN CONNECTION WITH THE PROGRAM, ANY PROGRAM MATERIALS, GUIDANCE OR COMPONENTS THERETO, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Members acknowledge and agree that all rights under Section 1542 of the California Civil Code [LD2] and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Program Rewards may carry their own terms and conditions and product warranty, for which the Released Parties have no responsibility of liability. Released Parties will have no liability whatsoever for failure to supply a Program Reward or any part thereof, by reason of any acts of any Program administrator, God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Member agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Program, or any Program Rewards redeemed thereunder, shall be resolved individually without resort to any form of class action; (b) to the extent permitted by applicable law, any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with enrolling and participating in the Program, but in no event attorney's fees; and (c) unless specifically prohibited by law, under no circumstances will any Member be permitted to obtain any award for, and Members hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
Governing Law and Jurisdiction
All matters relating to the Program and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be solely governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Subject to the arbitration provision below, jurisdiction over and venue in any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Program shall be in the state or federal courts located in New York County, New York. Member hereby agree to waive any and all objections to the exercise of jurisdiction over them by, and to venue in, such courts mentioned in this provision.
By enrolling in the Program and accepting these Terms and Conditions, Member agrees that at XWELL's sole discretion, they may be required to exclusively submit any disputes arising from the use of these Terms and Conditions or the Program, including but not limited to disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the then-current Rules of Arbitration of the American Arbitration Association applying New York law.
EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THE PROGRAM, MEMBER HEREBY WAIVES ANY RIGHT MEMBER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROGRAM, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in New York County, New York, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any state or federal court sitting in the county in which an award is made. At Member’s request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings.
The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. Each party will be responsible for any other fees or costs that such party may incur. If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed, and the other parts of this section shall still apply. In any case, the remainder of these Terms of Conditions will continue to apply.
Changes to the Program and these Terms and Conditions
XWELL reserves the right at its sole discretion to suspend, modify or terminate the Program, or revise and update these Terms and Conditions at any time, provided that any notices required by these Terms and Conditions are provided. If the Program is terminated, Members shall have sixty (60) days to redeem any accumulated Program Points from the date the notice of such termination is posted on the Website. XWELL's failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of XWELL’s right to enforce that provision in the future. Any and all changes to these Terms and Conditions must be made in writing to be effective.
A Member’s continued enrollment or participation in the Program following the posting of the revised Terms and Conditions means that a Member accepts and agrees to the changes. Members are expected to check for available updates to these Terms and Conditions on the Website from time to time so they are aware of any changes, as they are binding on all Members.