TERMS OF SERVICE
Mania Jeans (hereinafter: “Mania”) Loyalty Club Bylaws
- These Bylaws are intended to set out the rules and conditions for becoming a member of the Mania loyalty club (hereinafter: the “Club”),managed by Or Mania Ltd. (hereinafter: the “Club Manager”) and the terms and conditions of Club membership.
- Upon joining the Club, the Club member accepts the Club Bylaws set forth below, which are binding upon the parties, including with respect to the receipt of advertising materials as described below.
- The Club may be joined by individuals only, who are not corporations, organizations, businesses, etc. Joining the Club is conditional upon the payment of membership fees of NIS 30 (hereinafter: the “Membership Fee”). Membership will be renewed automatically each year at no charge to the Club member, other than if the Company shall decide on a change of policy following six months’ advance notice to members.
- Mania may refuse the application of any Club member at its discretion and for any reason whatsoever, without being required to explain its decision. In the case of such refusal, membership fees that were paid, if they were paid, shall be refunded to the applicant in full. In any case, Mania shall not bear and shall not be charged for any linkage differentials and/or interest.
- Mania may terminate the membership of any Club member in any of the following cases: disclosure of incorrect information, abuse of Club membership, unsuitable behavior by a Club member while visiting any of the stores in the chain (including, but not limited to, disorderly conduct, non-payment, causing harm to employees and/or guests of the chain). To clarify, if a Club member’s membership is terminated in the circumstances set forth above, the member shall not be entitled to any refund.
- Club membership is personal and may not be sold and/or transferred in any manner, for a consideration or for no consideration. The rights granted by virtue of Club membership are exclusively granted to the Club member whose particulars are entered on the Club’s records, as disclosed by the member on joining the Club, and subject to the terms and conditions and limitations set forth in these Bylaws.
- Club membership does not grant double discounts unless Mania has decided and advertised otherwise.
Joining the Club; Terms and Conditions
- Club membership is open to persons aged 18 and above.
- A member seeking to join the Club will fill out a registration form at one of the stores in the chain; the form may be manual or computerized, as per the Club Manager’s decision from time to time.
- The application form will contain the following details: full name, I.D. number, mobile phone number, email address and confirmation that the applicant has read and agreed to the Bylaws, including consent to receive mailings from Mania and/or the Club Manager. The information shall be stored in writing and/or on magnetic media, as decided by Mania.
- Following approval of the application form, the applicant shall become a Club member.
- The person completing the application form is responsible for filling in the information on the form correctly, including the provision of updates pertaining to any change in his personal information after he has registered, and he shall have no arguments against Mania and/or the Club Manager and/or any party acting on their behalf with respect to his non-acceptance as a Club member and/or non-receipt of any benefits included in the Club.
- Subject to the provisions of these Bylaws, the information disclosed by the applicant as described above shall be retained by Mania and/or the Club Manager and/or any party acting on their behalf, who shall use it for the purpose of contacting Club members, for the management and operation of the Club, and for marketing activities by the Club and/or Mania and/or the Club Manager and/or any party acting on their behalf. Said marketing activities include, inter alia, sending text messages or emails informing Club members of campaigns and/or events pertaining to Mania’s activities.
- For the avoidance of doubt, it is clarified that in accordance with the Protection of Privacy Law, 1981, by signing the Club membership application form and filling in their details members consent to the receipt of advertising materials by mail, email, text message and/or in any other manner, and said consent shall also constitute consent that Mania and/or the Club Manager and/or any party acting on their behalf may make use of the information for purposes of sending advertising materials via the various channels.
- A Club member may request of Mania and/or the Club Managerin writing, sent to Or Mania Ltd. at 5 HaYesod Street, Tel Aviv and/or by email to: [email protected], to be removed from the Club’s mailing list. A request to be removed from the Club’s mailing list shall procure that the member is deleted from the mailing list but is not removed from the loyalty club, unless the Club member has requested this, as set forth in par. 18 below.
- All information pertaining to a Club member that is accumulated in connection with his being a Club member shall be deemed the property of Mania, and the Club member hereby waives any argument pertaining to the use of said information, including arguments under the Protection of Privacy Law, 1981.
- A Club member may request of Mania, in writing, by sending written notice to Or Mania Ltd. at 5 HaYesod Street, Tel Aviv and/or by email to: [email protected],that information pertaining to him shall be deleted from Mania’s database and shall not be disclosed to any person, classes of persons or certain persons, all of the foregoing for a limited time or permanently. Mania shall inform the Club member in writing that it has complied with his instructions as provided in this paragraph. If no such written confirmation is received, the Club member shall inform Mania of its non-receipt in writing, and such confirmation shall be sent to the Club member. For the avoidance of doubt, the Club member’s information, except for his name, shall be deleted, and to realize Club benefits the member shall be required to present his Club membership card at the store at the time of purchase.
- A Club member shall be entitled to terminate his membership by sending written notice to Or Mania Ltd. at 5 HaYesod Street, Tel Aviv and/or by email to: [email protected] (hereinafter: “Cancellation Request”).A Club member who has requested that his Club membership be terminated shall be deemed to have absolutely and irrevocably waived all rights arising from his being a Club member. A Club member who has cancelled his Club membership shall not be entitled to any refund and his information shall be deleted from the Company’s database.
Club Members’ Benefits and Campaigns
- Upon joining the Club and paying the NIS 30 Membership Fee, the Club member shall benefit from a 10% discount off the price of the purchase made when the Membership Fee was paid. The 10% discount shall be granted off the price of the products purchased, not including the Membership Fee.
- Club members shall be entitled to a 10% discount off the original price of the products in the Mania chain of stores; if the purchased product is on special offer, the Club member may choose between the campaign discount and the Club discount. No double discounts shall be granted.
- Club members shall be entitled to a 15% discount in the month of their birthday.
- Club members shall be entitled to purchase various products at exclusive Club member prices, to participate in special campaigns and to other benefits, all as decided by Mania and the Club Manager from time to time (hereinafter: “Benefits” or “Benefit”).
- Mania makes no commitment that Benefits that vary from time to time throughout the entire period of a Club member’s membership shall be identical and/or of equal value.
- The Benefits to which Club members are entitled shall be announced by Mania via advertising means according to its discretion, including, but not limited to, text messages and/or emails, in accordance with the information disclosed by the Club member when submitting his application to join the Club or as updated by the Club member from time to time, and/or via any other advertising means, at the discretion of Mania and the Club Manager.
- Any Benefit to which a Club member is entitled shall be granted to the Club member only and solely against presentation of his Club membership card and/or disclosure of his I.D. number, as disclosed by him when registering as a Club member. Club members shall not be entitled to double Benefits (including such that do not arise from membership of the Club) without exception, and shall be entitled to use, at their choice, one of the Benefits whereto they are entitled. Payment for the transaction shall be made by credit card or in cash or with a Mania gift card only (no Benefits shall be granted on purchases made by voucher or any discount vouchers). Upon realizing a Benefit, the Club member may possibly be asked to disclose other items of information and identification as a condition for the realization of the Benefit.
- Mania reserves the right to change the nature and/or value of the Benefits granted to Club members with no advance notice, and/or to replace and/or make changes to Benefits whereto Club members are entitled, all of the foregoing at its exclusive discretion.
- Entitlement to Benefits awarded to Club members is conditional upon the member’s membership of the Club being valid when the Benefit is realized.
- Mania may change all of part of the Benefits from time to time, as well as the manner of their realization and any other change, at its exclusive discretion. Notwithstanding the foregoing, a Benefit that was purchased and not yet used shall be valid until the earlier of the date of its expiration or the date of its realization.
- Each Club member shall be credited for the Benefits individually, and Benefits awarded to a number of Club members may not be combined.
- Mania shall be entitled to make use of the Club member’s information and to retain information and data received in the context of the member’s activity in the Club and/or participation in Benefits, all for internal and/or marketing and/or commercial purposes, including for purposes of mailings and the dispatch of advertising materials and information by mail, electronic mail or via any other medium, including such that pertain to Benefits offered to Club members, by Mania and/or a party acting on its behalf and/or third parties. By joining the Club, the Club member gives his full consent to the use of his information as described above.
- Club membership shall not grant the Club member any benefit beyond the Benefits set forth in these Bylaws and/or as announced by Mania from time to time.
- Mania reserves the right to completely or partially discontinue the activity of the Club by publishing an announcement of its intention to do so, which shall appear in the media at Mania’s discretion (including via its website at www.maniajeans.co.il),at least 14 days prior to the discontinuation of the Club’s activity.
- Mania shall be entitled to modify the provisions of these Bylaws or any part thereof from time to time, as it deems fit at its exclusive discretion, without impairing accrued Benefits, if any. The revised version of the Bylaws shall be binding commencing on the date of their modification.
- Joining the Club is tantamount to a declaration that these Bylaws, including all provisions hereof, have been read, and of consent thereto, and an irrevocable undertaking to accept these Bylaws and all provisions hereof and to act in accordance therewith.
- Mania and/or the Club Manager and/or any party acting on behalf thereof bear no liability, under any circumstances, for any engagement of any kind between a Club member and any third party, including in the framework of or in accordance with any advertisements disseminated and/or sent by Mania. Any such engagement for the receipt of a service or purchase of a product shall be the exclusive liability of such service provider or product vendor, and Mania and/or the Club Manager are not, and shall not be, liable for the quality of the services and/or products supplied to the Club member, if any.
- In any case of contradiction and/or incompatibility between the provisions of these Bylaws and any other publications in any medium, the provisions of these Bylaws shall prevail for all intents and purposes.
- The masculine gender is used in these Bylaws for the sake of convenience. Where a masculine noun or pronoun is used herein, it shall be deemed to include the feminine gender.
- Further information, including a response to questions pertaining to the Club, can be obtained by contacting Customer Service in writing via Or Mania Ltd. at 5 HaYesod Street, Tel Aviv or any other address announced by Mania, and/or by email at: [email protected].
- Exclusive jurisdiction in all matters pertaining to the Club, Club membership and/or compliance with the provisions of these Bylaws and all aspects arising from these Bylaws shall be exclusively vested in the competent courts of the city of Tel Aviv – Jaffa.