COME IN LOYALTY PROGRAM – GENERAL TERMS AND CONDITIONS

UNITED ARAB EMIRATES

 

These General Terms and Conditions govern the Come In loyalty program (hereinafter the "Loyalty Program") offered by Sushi Shop Management SAS, simplified limited company with share capital of €98,160, with registered office at Pacific Tower, 13 Cours Valmy, 92977 Paris-La Défense Cedex – Nanterre Trade and Companies Register (RCS) no. 493 549 349 (hereinafter "SushiArt") on the www.sushiart.ae website (including mobile version), also accessible via applications developed by SushiArt for mobile telephones and tablets (hereinafter the "Site/App") and to which the customer (hereinafter "Customer(s)" or "Member(s)") has signed up when creating a customer account on the Site/App.

Customers acknowledge that they have read and agreed to these General Terms and Conditions.


1
Article 1

About the Loyalty Program

The Come In Loyalty Program is a free, 100%-virtual loyalty programme that Customers can sign up to on the Site/App or in SushiArt locations in the United Arab Emirates, excluding SushiArt corners and Travel Retail (hereinafter "Store(s)").

Under the Loyalty Program, Customers receive rewards based on the number and value of purchases they make at Stores and/or on the Site/App, under the conditions set out herein, with no obligation.

The Loyalty Program offers three membership levels: ICHI, NI and SAN.

All information about the Loyalty Program is available on the "Come In Loyalty" section of the Site/App and in-store from SushiArt staff.

 

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Article 2

Joining the Loyalty Program

2.1. Loyalty Program access and sign-up – Terms and Conditions

The Loyalty Program is restricted to individuals aged 16 or over.

Individuals wishing to sign up to the Loyalty Program must already have set up a customer account in-Store or on the Site/App by placing an order, providing their personal details and setting a password  (hereinafter "Customer Account"). When Customers set up a Customer Account, they are allocated a Come In personal identifier code (hereinafter "Come In Code").

To sign up in-Store, the Customer must give their mobile number to a member of staff when paying for their items. They will then receive a text message containing their Come In Code and a link to the Site/App in order to activate their Customer Account by providing the additional personal information required to validate the account.

Membership of the Loyalty Program is non-transferable and reserved for individual customers for their own personal use.

The Customer warrants that the personal information that they provide is correct and accurate. SushiArt reserves the right to refuse membership to a Member where the information that they provide is inaccurate, incomplete or in breach of these General Terms and Conditions.

SushiArt reserves the right to check whether a membership request is valid, such as in the case of multiple applications bearing the same name. Only one Come In Code can be allocated to an individual (same first name, surname(s), address, email and/or telephone). Where SushiArt discovers that the same individual has multiple Come In Codes, SushiArt reserves the right to merge the Member's information and benefits into a single Come In Code. Duplicate benefits will be deactivated.

Customers may access their Customer Account at any time to update their personal information by going to "My Account".

 

2.2.   Eligibility conditions for membership levels

The Loyalty Program's three membership levels are defined and attained based on a customer's cumulative spend and number of orders over the previous 12 months:

- Customers are eligible for ICHI membership when they place their first order worth AED1 or more
- Customers are eligible for NI membership when they place 4 orders worth a combined AED500 or more
- Customers are eligible for SAN membership when they place 20 orders worth a combined AED4,000 or more.

Membership levels cannot be accumulated. When a Customer reaches the minimum required spend and number of orders, they will move to the higher level and automatically receive the benefits applicable to that level, which will then end the benefits under the previous level.

The new membership level is guaranteed for six months from acquisition. If the minimum spend for the past 12 months has not been reached at the end of the six-month period, the Customer will lose their membership status and related benefits and move to the next level down.

Customers may access their details under the Loyalty Program (e.g. membership level, available benefits, available credit, number of orders and cumulative spend over the previous 12 months) at any time, by going to "My Come In Membership" in the Customer Account space on the Site/App (hereinafter "Come In Membership Area").

 

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Article 3

Loyalty Program Terms of Use

To avail themselves of Loyalty Program benefits, Customers must make purchases in a Store or on the Site/App. Purchases on the Site/App are accounted for automatically. For in-Store purchases, Customers must provide their Come In Code and/or telephone number to the SushiArt staff member before paying for their order, so that their purchase can be recorded on their Come In Membership Area.

Only completed purchases will be eligible for the Loyalty Program. Cancelled or refunded orders will not be included.

Members agree to adhere to the Loyalty Program General Terms and Conditions and to act fairly towards SushiArt. Otherwise, SushiArt reserves the right to suspend or shut down the Member's Come In Membership Area, or deactivate or remove benefits under the terms set out in Article 7 ("Suspension / Deactivation").

 

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Article 4

Loyalty Program Benefits

1.1.   For all Members

Membership of the Loyalty Program entitles all Customers at all membership levels to the following benefits:

(i) In the Come In Membership Area, Customers have a virtual pot linked to their Customer Account where eligible amounts can be accumulated and put towards later purchases, under the terms set out below :

- Each time a Customer places a take-away order in-Store, or places an order on the Site/A:p for Click & Collect, delivery or to eat in, their Sushi Fund will be credited with 5% of the value of their order.  The percentage credited to a Customer's Sushi Fund may change under time-limited special offers, under conditions set by SushiArt.
- The level of available funds in a Pot can be put toward subsequent delivery, take-away, Click & Collect or eat-in orders.
- The 5% account credit is calculated from the amount paid by the Customer. Levels of discounts or use of some or all of the Pot are not eligible for account credits. For technical reasons, there may sometimes be a lag before credits appear on a Customer's Sushi Fund.
- Customers may use the available credit in their Pot for a future order by clicking on "Basket / Come In Sushi Fund".
- Where a Customer does not place an order for 90 consecutive days, the Pot shall expire automatically.

(ii) Customers are eligible for a free birthday gift from the Signature Roll selection (including limited editions and new products, unless stated otherwise), valid once for any order placed in-Store or on the Site/App costing AED70 or more within 30 days of their birthday.

 

1.2.   Customers who sign up in-Store

Where a Customer creates their Customer Account with a staff member in-Store when paying for their order, they will receive a welcome credit of AED29 into their Pot, valid for future delivery, take-away or in-Store orders.

Where a Customer does not place an order for 90 consecutive days, the AED29 account credit shall expire automatically.

 

1.3.   NI members

In addition to the benefits set out in Article 4.1, NI Members shall receive the following benefits:

(i) One #sushiday offer per year, which includes a promotional 20% discount code valid once for any order placed in-Store or on the Site/App costing at least AED69, for one year from the date of gaining NI-level membership and on condition that this membership level is retained;

(ii) A bonus product of their choice on the anniversary of sign-up, sent by email, non-transferable and cannot be used in conjunction with any other offer. The offer is valid for any order placed by the Member on the Site/App costing at least AED69 from the California, Rolls and Maki selections available in-Store, within 30 days of receiving the offer by email

(iii) Twice-yearly thank-you bonus:  6 free pieces taken from new selections or limited editions on the SushiArt menu. The offer is sent by email and valid once within 30 days of receiving the email for any order placed in-Store or on the Site/App costing AED59 or more (subject to minimum delivery order value where applicable).

 

1.4.   SAN members

SAN Members shall receive the following benefits:

(i) One free box every year, from the Sushi Box and Box for Two selections, available using a promotional code sent by email and valid once within 30 days of receiving the email;

(ii) No processing fee on all delivery orders, from the date SAN-level membership is obtained;

(iii) Two #sushiday offers per year, which includes a promotional 20% discount code valid once for any order placed in-Store or on the Site/App costing at least AED69, for one year from the date of gaining SAN-level membership and on condition that this membership level is retained;

(iv) A bonus product of their choice on the anniversary of sign-up, non-transferable and cannot be used in conjunction with any other offer. The offer is valid for any order  placed by the Member on the Site/App costing at least AED69 from any selection available in-Store (excluding limited editions), within 30 days of receiving the offer by email;

(v) Twice-yearly thank-you bonus: 6 free pieces taken from new selections or limited editions on the SushiArt menu.  The offer is sent by email and valid once within 30 days of receiving the email for any order placed in-Store or on the Site/App costing AED69 or more (subject to minimum delivery order value where applicable).

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Article 5

Responsibility - Liability

In connection with use of the Loyalty Program, SushiArt and/or Stores accept no responsibility for any shortcomings and/or harm arising from the Customer's use of the internet, including, but not limited to, suspension of service, hacking, computer viruses, fraudulent credit/debit card use, etc.

SushiArt and/or Stores accept no responsibility for any Customer Account activity by a third party, with whom the Customer shared their user credentials or who would have had access to the Customer's user credentials or Customer Account due to error, carelessness or negligence on the part of the Customer.

In the event of a fault with the Loyalty Program, SushiArt shall make every effort to ensure that the Member retains benefits acquired on the Customer's Come In Membership Area.

 

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Article 6

Changes to the Loyalty Program

These General Terms and Conditions are subject to change. The applicable General Terms and Conditions are those in effect on the Site/App when the Customer places the order.

SushiArt reserves the right to amend, suspend or discontinue the Loyalty Program at any time, including in the event of force majeure.

Where the Loyalty Program is discontinued or relaunched, resulting in the loss of valid benefits, SushiArt shall notify Members at least one month in advance to give a chance to use up all remaining valid benefits. After this time, all benefits will be lost.

SushiArt reserves the right not to contact inactive Loyalty Program Members (i.e. Members who have not made any purchases in-Store or on the Site/App for more than 12 months using their Come In Code) to notify them of changes to the Loyalty Program.

SushiArt cannot guarantee that available unused benefits will be reusable in any form after changes to the Loyalty Program.

Members shall not be entitled to compensation where the Loyalty Program is modified, amended or discontinued.

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Article 7

Termination / Suspension / Deactivation

1.1.        By SushiArt

SushiArt reserves the right to suspend a Member's membership of the Loyalty Program or to permanently deactivate their Come In Membership Area and, where applicable, cancel all related benefits, where the Member abuses the Loyalty Program, is abusive towards SushiArt, and/or is in breach of these General Terms and Conditions.

SushiArt will action a suspension and/or deactivation after notifying the Member by email, text or any other appropriate method; the Member shall not be entitled to compensation of any kind, in particular in the following instances:

  • fraud (e.g. self-referrals), attempted fraud, or thefts committed by the Member in-Store and/or on the Site/App;

  • misuse or misappropriation of the Loyalty Program by the Member or a third party acting on the Member's behalf;

  • actions by the Member that prevent the Site/App, Loyalty Program or Store(s) from operating properly;

  • unusually high number of transactions by the Member for purchases on the same day and/or over several days;

  • payment incidents that have not been resolved by the Member within 15 days of a reminder by SushiArt;

  • more generally, breaches of provisions in these General Terms and Conditions.

SushiArt also reserves the right to take legal action to claim reparations for any harm or loss incurred.

 

1.2.        By the Member

To end membership of the Loyalty Program, Members must contact the SushiArt customer services team by email using the contact form available via the "Customer Services" link on the Site/App home page, or by post to the following address:

SUSHI SHOP MANAGEMENT

Sushi Shop Customer Services

Pacific Tower, 13 Cours Valmy, 92977 Paris-La Défense Cedex

Where a Member terminates their membership of the Loyalty Program, they shall permanently lose all valid benefits under the Loyalty Program.

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Article 8

Personal data

 8.1. How we collect personal data

SushiArt collects personal data about the Member when the Member creates a Customer Account or signs up to the Loyalty Program on the Site/App.
This information is collected verbally by a member of SushiArt staff in-store and/or in writing via the account creation form on the Site/App.

8.2. What we collect

The following information is mandatory when setting up a Customer Account and signing up to the Loyalty Program: civil status, first name, surname, email address, telephone number and date of birth.

Where this information is not provided, it will not be possible to join the Loyalty Program or receive offers or benefits.

SushiArt collects other optional information that the Customer can add to the Customer Account (e.g. favourite/closest stores, preferred delivery addresses, preferences) to find out more about the Member and, where applicable, send details of promotions and offers tailored to their Profile and preferences.

 

8.3. Why we collect data

SushiArt saves information about the Member's purchase history and use of services when the Member presents or keys in their Come In Code or logs into their Customer Account via the Site/App. This is necessary for us to determine Member eligibility for, and ensure delivery of, Loyalty Program benefits. Furthermore, this information is used to send offers, news or personalised advertising to the Member based on the Member's purchase history and/or preferences.

Where the Member agrees to the installation of cookies on the Site/App, these data are also combined with browsing data. This combination enables SushiArt to display targeted advertising on the Site/App and on third-party websites. SushiArt may also legitimately use this information to learn more about the Member's preferences.81.4. How long we store your personal data

Member information is kept by SushiArt for a period not exceeding that necessary to fulfil the purpose for which they were collected, i.e. the duration of membership of the Loyalty Program, plus applicable statutory time frames for the purpose of retaining proof of transactions and to allow SushiArt to fulfil its legal obligations.

However, information about inactive Members (i.e. Members who have not made a purchase in-Store or on the Site/App for more than five years using their Come In Code) will be archived by SushiArt after this period of five years and will no longer be used for marketing purchases after this time. 

It is important to note that, subject to obtaining the Customer's consent, the Customer may continue to receive personalised offers after leaving the Loyalty Program.

 

8.5. Recipients

Member information is shared with SushiArt service partners and sub-contractors engaged in administering the Loyalty Program.

8.6. Members' rights

Members can check and/or amend personal data provided on their Customer Account at any time by visiting "My Account" on the Site/App.
They may also exercise their rights of access, rectification and portability in writing:

- by post: SUSHI SHOP MANAGEMENT, Sushi Shop Customer Services Pacific Tower, 13 Cours Valmy, 92977 Paris-La Défense Cedex
- using the contact form available on the Site/App home page, under "Contact / Exercise your personal data rights"

Requests must be accompanied by a photocopy of a valid identity document for the individual exercising their right(s).

The Member (or their legal representative) may, by the same method, also exercise their right of objection to the processing of their personal data for solicitation or marketing purposes or request deletion of their personal data or restrict their processing.

For more detailed information about how personal data are processed, Members are encouraged to consult SushiArt's Data Protection and Cookies Policy on the Site/App.

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Article 9

Applicable law

These General Terms and Conditions are subject to French law, notwithstanding any conflict-of-law provisions.