BY SIGNING UP FOR AN ACCOUNT, USING PHRENIKCASH, ACCESSING AND USING ANY OF THE PHRENIKCASH PLATFORMS (DEFINED BELOW), OR PLACING AN ORDER ON ANY OF THE PHRENIKCASH PLATFORMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS PHRENIKCASH POLICY. If you do not agree to be bound, you may not earn or use PhrenikCash.
PhrenikCash Policy, together with the Terms of Use (“TOU”) found here, contain the terms and conditions (this PhrenikCash Policy and the TOU are referred to together as the “PhrenikCash Terms”) applicable to earning and using PhrenikCash. All provisions of the TOU continue to apply. In the event of an inconsistency between this PhrenikCash Policy and the TOU concerning earning or using PhrenikCash, this PhrenikCash Policy controls to the extent necessary to resolve such inconsistency. When used herein, the terms “we,” “us” or “our” shall have the meanings ascribed to them in the TOU.
The PhrenikCash Terms apply to PhrenikCash earned and used through (i) the Properties (as defined in the TOU) REGGAEPHRENIK.COM, INCLUDING THE MOBILE VERSION, AND OUR MOBILE APPLICATION, IF APPLICABLE, IN EACH CASE REGARDLESS OF HOW ACCESSED (COLLECTIVELY, THE “PROPERTIES”) (ii) certain other eligible e-commerce websites operated by us or one of our affiliates, whether on behalf of certain of our partners as designated by us from time to time, or operated by us under our own brands (“Eligible Sites”), and (iii) in certain eligible retail locations operated by us or one of our affiliates as designated by us from time to time (“Eligible Retail Locations”) (the Properties, Eligible Sites, and Eligible Retail Locations are referred to as the “PhrenikCash Platforms”).
1. APPLICATION OF AND CHANGES TO PHRENIKCASH TERMS
The PhrenikCash Terms apply to all present and future access and use of the PhrenikCash Platforms. We may make changes to these PhrenikCash Terms at any time and from time to time, including as needed to protect the integrity of the PhrenikCash Platforms, prevent abuse and help ensure the PhrenikCash Platforms are being used as intended. When you access or use the PhrenikCash Platforms, you agree to check the date of the PhrenikCash Terms and be aware of any changes since the last version. Your continued access and use of the PhrenikCash Platforms following the posting of any changes to these PhrenikCash Terms means that you accept such changes.
2. EARNING AND USING PHRENIKCASH
A. Earning PhrenikCash
PhrenikCash are points that can be used to reduce the total cost of eligible purchases on the PhrenikCash Platforms. PhrenikCash that is earned in an eligible purchase is usable only on future eligible purchases on the PhrenikCash Platforms. Accountholders may earn PhrenikCash up to a designated maximum percentage (“Designated Percentage”) on eligible purchases. Accountholders also may earn additional PhrenikCash during special promotions (“Promotions”). Each Promotion will contain details on how you can earn PhrenikCash and any limitations that may apply. Your account must be active and in good standing as of the date we determine whether you have met the terms of the Promotion in order to receive the promotional PhrenikCash amount. We may determine which merchandise on the PhrenikCash Platforms is eligible for earning or using PhrenikCash in its sole discretion, subject to change at any time. The Designated Percentage and the terms of any Promotions also may be determined in our sole discretion and are subject to change at any time.
There is no purchase necessary to create an account, which you will need to use your earned PhrenikCash. When you make an eligible purchase, no additional consideration is required from you to earn PhrenikCash. PhrenikCash will be credited after every eligible purchase. If you check out as a guest, you will not earn PhrenikCash.
PhrenikCash is earned on each eligible purchase amount after all applicable discounts are applied, and before any applicable expenses, fees, or taxes are applied. You cannot earn PhrenikCash on gift card purchases or on orders that are cancelled or returned.
If you cancel an order or return merchandise for which you earned PhrenikCash, that PhrenikCash will be deducted from your balance. Using or attempting to use PhrenikCash from cancelled orders or returns shall constitute a violation of these PhrenikCash Terms and an Improper Use within the meaning of Section 3 below.
B. Using PhrenikCash
To use PhrenikCash where applicable, you must create and maintain an account registered with a valid email address and check out while logged into that account on one of the PhrenikCash Platforms. If you check out using a different email address than the email address registered to your account, you will not be able to use PhrenikCash even if you have an account.
PhrenikCash can be used on eligible purchases made on the PhrenikCash Platforms. When logged in to your account using your email address, your PhrenikCash will be deducted from your subtotal during checkout if you choose to apply your existing PhrenikCash to your order, or if you choose not to do so, you may have the option of saving your PhrenikCash for a later eligible purchase. PhrenikCash cannot be applied to reduce expenses, fees, or taxes, including shipping expenses, handling fees, sales taxes, or any other applicable expenses, fees, or taxes which may be applied.
C. Eligibility, Participants and Communications
In order to be eligible to use PhrenikCash, you must provide and maintain a valid email address, and you acknowledge and expressly consent to receipt of electronic communications from us about the PhrenikCash Terms, changes in terms or offerings, your account, Promotions and new product information.
Additional terms and other exclusions may apply with respect to earning and/or using PhrenikCash on any of the PhrenikCash Platforms, including, without limitation, changes to the Designated Percentage, and such additional terms and other exclusions as may be reflected on the applicable PhrenikCash Platform. In order to use PhrenikCash across multiple PhrenikCash Platforms, you must have accounts that use the same email address.
D. Expiration of PhrenikCash
PhrenikCash expires at 11:59 PM EST three hundred sixty-five (365) days (i.e., one (1) year) from the date of your last eligible purchase or other qualifying transaction on a PhrenikCash Platform, unless otherwise specified at the time of earning and specifically excluding bonus PhrenikCash. Subsequent eligible purchases or other qualifying transactions made on a PhrenikCash Platform will extend the expiration date for all earned PhrenikCash in your account (the “Extended PhrenikCash”); provided, however, if you have been awarded bonus PhrenikCash with an earlier expiration date, we will specify the expiration date at the time of earning and such bonus PhrenikCash will not qualify as Extended PhrenikCash (and thus will not qualify for the extended expiration date). By way of an example, if you earned 50 points in PhrenikCash on an eligible purchase made on a PhrenikCash Platform on January 1, 2024, and you make another eligible purchase on a PhrenikCash Platform on December 31, 2024, then the expiration date for your initial 50 points in earned PhrenikCash will be extended to 11:59 PM EST on December 31, 2025.
E. No Cash Value or Transfer
PhrenikCash is not redeemable for cash, and you cannot transfer, assign, sell, or distribute your PhrenikCash to others. Your PhrenikCash may only be used by you with your account. Only one account may receive PhrenikCash in any one transaction.
F. PhrenikCash Clawbacks
If you use PhrenikCash that we later determine was awarded in error or otherwise should have been deducted from your account (e.g., because you returned the merchandise for which you earned the PhrenikCash), we reserve the right to withhold or clawback any future PhrenikCash you earn up to the amount of PhrenikCash that was awarded in error or otherwise should have been deducted from your account.
3. IMPROPER USE
If we determine in our discretion that you are not complying with the PhrenikCash Terms for any reason, including but not limited to fraudulent conduct or misuse of PhrenikCash privileges, we reserve the right to (i) discontinue or suspend your participation in PhrenikCash, (ii) deem any PhrenikCash in your account void and unusable, (iii) terminate your account, (iv) refuse you service or access to the PhrenikCash Platforms, (v) deny you future accountholder status, or (vi) take any other action consistent with the PhrenikCash Terms. The foregoing applies to your participation on any of the PhrenikCash Platforms. We may decide not to issue you any PhrenikCash if we terminate your account because of conduct that we determine, in our discretion, violates the PhrenikCash Terms or any other agreement you have with any of our affiliates, or any applicable law, or involves abuse, fraud, or misuse of the PhrenikCash Platforms. Our failure to insist upon or enforce your strict compliance with the PhrenikCash Terms will not constitute a waiver of any of our rights.
- TERMS MAY VARY
By choosing to participate in PhrenikCash, you expressly acknowledge, understand, and agree that the PhrenikCash Platforms, terms and conditions for earning and using PhrenikCash, and all of the PhrenikCash Terms may vary and are subject to change. We reserve the right to discontinue PhrenikCash or modify, change, or alter the PhrenikCash Terms in our sole discretion at any time without notice, although we will endeavor to provide you with advance notice of material changes when feasible.
- PRIVACY POLICY
The information you provide to us to participate in PhrenikCash will be handled according to the Privacy Policy. All provisions of the Privacy Policy are incorporated by reference here. If you are interested in learning more about our privacy practices, please visit [https://reggaephrenik.com/policies/privacy-policy].
- GENERAL PHRENIKCASH TERMS
For the avoidance of doubt, these PhrenikCash Terms apply solely to the extent permitted by law. If any of these PhrenikCash Terms is found to be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the PhrenikCash Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. Taxes may apply where required by law.
