1. General
By enrolling in, accessing or using the Aesthetic Points Rewards Program (the “Program”), you agree to be bound by all the terms and conditions set forth herein or incorporated by reference, including any amendments thereto and with any additional terms and conditions, rules, or policies that may be applicable to particular offerings made by AP or the medical practices that AP contracts with (each an “AP Clinic”) in connection with the Program (the “Terms”), as well as our Privacy Policy. The terms of our Privacy Policy are also incorporated herein by reference and will constitute part of these Terms as if set forth herein in their entirety. The provisions of these Terms govern participation in the Program, and it is the individual user’s responsibility to read and understand all of them.
2. THESE TERMS & CONDITIONS MAY CHANGE
Aesthetic Points, L.L.C. and its affiliates (collectively, “AP”) reserves the right to change or cancel these Terms, in whole or in part, at any time in its sole discretion, without notice or liability to you, by publication of updated Terms on our Website. AP or an AP Clinic may, among other things, change earning ability, withdraw, limit, modify, or cancel any award; increase the point requirement to redeem any award; and/or modify or regulate the transferability of Program points or benefits. No retroactive Program points or benefits will be awarded. Please review the Terms published on this page, as well as the Terms and Conditions of participating AP Clinics, periodically to ensure that you are aware of any changes and are familiar with the Terms then in effect. Any such change to or cancellation of these Terms will apply to all Aesthetic Points Rewards Program Members (each a “Member”), regardless of when such Member enrolled.
3. MEMBERSHIP ELIGIBILITY & PROGRAM ENROLLMENT
To enroll in the Program and become a Member, eligible individuals must register online in AP’s Mobile App by providing the requested basic information, including a valid email address. No membership card is issued or required in connection with the Program. Membership in the Program is limited only to natural-born individuals aged eighteen (18) or older. Corporations, associations, or groups cannot enroll in the Program. Eligible individuals may only be registered for one Member account. No purchase is necessary to enroll in the Program and become a Member. Memberships cannot be shared or combined by more than one person. Members attempting to share or combine membership, or attempting to obtain more than one Member account may have their account(s) terminated and all earned Aesthetic Points may be forfeited. AP reserves the right in its sole discretion to accept or deny any request to participate in the Program, including cancellation of any Member account in the event of a breach of these Terms as determined by AP in its sole discretion.
4. EARNING AESTHETIC POINTS & ACCUMULATION
Program Members can earn Aesthetic Points in the following ways:
1. Create an account in the Mobile App and become a Member;
2. Purchase of eligible products or procedures offered as part of the Program at an AP Clinic;
3. Refer a new Member, and such new Member purchases an eligible product or procedure offered as part of the Program at an AP Clinic;
4. Redeem certificates offered by an AP Clinic; or
5. Such additional, limited-time offerings as may be made by an AP Clinic from time-to-time.
Members may earn Aesthetic Points for registering in AP’s Mobile App and becoming a new Member. Members will earn Aesthetic Points on all eligible purchases by the Member at any AP Clinic. Members who refer individuals who become Members will earn Aesthetic Points for all eligible purchases by the Member they referred.
To receive Aesthetic Points for eligible purchases, Members must provide their Aesthetic Points Wallet ID at the time of purchase at any AP Clinic. Any claim for missing points must be received by AP within thirty (30) days of such eligible purchase.
Aesthetic Points can only be earned and redeemed on cash-pay (ie, no government or private health plan reimbursement) procedures. Reimbursed procedures are not eligible for Aesthetic Points or the Program. Under no circumstances will a reimbursable product or treatment be included in redeeming or earning of Aesthetic Points.
When calculating Aesthetic Points earned on eligible purchases, Members only earn Aesthetic Points for the total amount paid less any applicable discounts offered by an AP Clinic. For eligible procedures partially paid-for using Aesthetic Points, only the portion of the applicable purchase paid for in U.S. Dollars will earn Aesthetic Points. AP reserves the right to modify and/or eliminate offers made as part of the Program at any time. All determinations involving Aesthetic Points, including the amount of Aesthetic Points awarded pursuant to these Terms, are made by AP in its sole discretion. There may be some delay between eligible transactions and the addition of Aesthetic Points earned in a Member’s account. Members are responsible for ensuring that Aesthetic Points earned are credited to their Aesthetic Points account.
Aesthetic Points will not be awarded for, cancelled, lost, refunded, credited or fraudulent purchases as determined by AP in its sole discretion. Member accounts must remain open and in good standing to qualify for awards and offers under the Program. These offers are void where prohibited by law. Aesthetic Points have no cash value and cannot be redeemed for cash. Unless expressly authorized by the Program, Aesthetic Points may not be sold, bartered or otherwise exchanged for value.
5. CATEGORIES OF AESTHETIC POINTS & TRANSFER RULES
Members can collect two types of Aesthetic Points under the Program, each with distinct features:
Earned Points are credited to a Member’s Aesthetic Points Wallet when they, or Member’s they refer for Program Membership, purchase eligible products or procedures at an AP Clinic. Program Members that acquire Earned Points in this manner (each an “Earning Member”) may gift all or a portion of their Earned Points to another Member (a “Receiving Member”) in the Mobile App. In order to accept a gift of Earned Points, the Receiving Member must log in to the Mobile App and accept the offered gift from the Earning Member. Until such offered gift is accepted in the Mobile App, the Earning Member may cancel any offer of Earned Points. Aesthetic Points that are received from an Earning Member via gift cannot be subsequently re-gifted to another Member under any circumstance and are non-transferrable.
Promotional Points are credited to a Member’s Aesthetic Points Wallet for participating in limited time offers as may be made by an AP Clinic from time-to-time. Any award of Promotional Points will be made pursuant to the specific terms of the applicable limited time offer. Promotional Points cannot be gifted to another Member and are not transferrable under any circumstance.
Both Earned Points and Promotional Points will appear in a Member’s Aesthetic Points Wallet, which will display the total number of a Member’s Aesthetic Points as well as the amount of each type of Aesthetic Points.
6. REDEMPTION OF AESTHETIC POINTS
Members can redeem Aesthetic Points for eligible offers and/or ancillary services by providing their Aesthetic Points Wallet ID at the time of purchase at any AP Clinic. Members may use a combination of Aesthetic Points and cash or other payment for procedures at any AP Clinic. The number and availability of redemption options is subject to change and may vary. Redeemed Aesthetic Points are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, or other benefits under any circumstances.
7. EXPIRATION OF AESTHETIC POINTS
Aesthetic Points earned pursuant to the Program expire at the later of: (i) twelve (12) months from the date they are earned, or (ii) twelve (12) months from a Member’s last eligible purchase at any AP Clinic. The date of each transaction can be viewed using My Activity Status in the Member panel. If a Member closes their Aesthetic Points account, all remaining Aesthetic Points in the account will be forfeited. As set forth in these Terms, AP has the right to cancel all or any Aesthetic Points in a Member’s account if AP determines, in its sole discretion, that the Member has violated these Terms or has committed fraud, misrepresentation, abuse or other improper conduct. Once the Aesthetic Points reach their expiration date, they will be automatically removed from a Member’s account and cannot be used or recovered.
8. TERMINATION OF PROGRAM
The Aesthetic Points Rewards Program may continue until such time as AP in its sole discretion elects to designate a Program termination date. AP has the right to end the Aesthetic Points Rewards Program by providing written notice to then active Members sixty (60) days in advance. All Aesthetic Points in any Member’s account will be forfeited sixty (60) days after the written notification.
9. TERMINATION OF MEMBERSHIP
AP may discontinue membership for any Member who acts in an abusive manner or in a manner inconsistent with applicable local, state or federal laws. Discontinued membership under this Section will result in the immediate loss of all accumulated Aesthetic Points, rewards, and the Aesthetic Points Program account will be closed. AP also reserves the right to deny future membership if AP deems your conduct to violate these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
10. RIGHT TO CHANGE TERMS AND CONDITIONS AND SEVERABILITY
AP may, at its discretion, change these Terms and Conditions, our Privacy Policy, or any aspect of the Program or Program membership. If any provision of or change to these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, such provision or change is severable and does not impact the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER ANY CHANGES TO THESE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
11. PRIVACY POLICY
The information provided as a Member of the Program will be handled according to AP’s Privacy Policy. By participating in the Program, you agree that AP may collect and use the personal information that you provide in accordance with our Privacy Policy. For information on how AP collects and uses personally identifiable information that you may provide in the course of the Program, including enrolling as a Member or updating your profile or preferences with AP, please review our Privacy Policy at http://www.aestheticpoints.com/privacy-policy.
12. ACCOUNT INFORMATION & ACCOUNT SECURITY
You may view your membership activity in the Mobile App. Members agree to provide true, accurate, current, and complete information as prompted by AP’s Mobile App. Furthermore, Members agree to maintain and promptly update personal information to keep it true, accurate, current, and complete. AP reserves the right to suspend or terminate the accounts of Members that provide any information that is untrue, inaccurate, not current, or incomplete, or if AP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete and to refuse any and all current or future use of the Program (or any portion thereof) by such Members. Members are responsible for reviewing these Terms in order to understand their rights, responsibilities and status under the Aesthetic Points Rewards Program.
You will receive account designation upon completing the registration process, which includes password selection. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account or any other breach of security, and to log out at the end of each session. AP will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your Aesthetic Points accrued will be forfeited.
13. NO WARRANTY
The Program is provided “As Is,” “As Available,” and without any warranty of any kind. AP does not guarantee the quality, completeness, timeliness, or availability of the Program, including the Mobile App. AP does not warrant that the Program or the Mobile App will be uninterrupted or error free, that any defects in the Program or the Mobile App will be uninterrupted or error free, that any defects in the Program or the Mobile App will be corrected, or that the Program, the Mobile App, or the servers, telephone networks or lines, computer online systems, or providers that make the Mobile App available are free of viruses or other harmful conditions or components. AP is not responsible for any typographical errors in the Mobile App.
To the maximum extent permitted by applicable law, AP expressly disclaims all warranties of any kind with respect to the Program and the Mobile App, including those regarding the availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards or user requirements, title, and noninfringement. AP has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
Your participation in the Program and use of the Mobile App is at your own risk and you, alone, are responsible for any damages to your computer or mobile device hardware, software, systems, and networks, any loss of data that results from the download of the Mobile App or of any information from the Mobile App, and for any other damages that may be incurred. We make no representation that the Mobile App is appropriate or available for use in locations other than the United States. If you choose to access the Mobile App from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations. No advice or information, oral or written, obtained by you from AP or in any manner from the Program or the Mobile App creates any warranty.
14. NO MEDICAL ADVICE
No information contained on this site is provided with the intention to give medical advice or instructions on the accurate use of our products or the use of our products in treatments. We cannot answer unsolicited emails requesting personal medical advice. You should always consult a health care professional.
15. LIMITATION OF LIABILITY
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS, IN NO EVENT WILL AP OR ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE WILL NOT EXCEED THE TOTAL AMOUNT YOU SPENT ON QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. DISPUTE RESOLUTION
In consideration for participating in the Program, except for intellectual property claims, you agree that if you have a dispute with AP about the Program, you will attempt to resolve the dispute through negotiation with AP. If agreement cannot be reached through negotiation, you agree to seek resolution on an individual basis only through binding arbitration in the State of Texas and that the laws of the State of Texas will govern the substantive resolution of the matter. If for any reason a claim proceeds outside of binding arbitration, the laws of the State of Texas will govern.
17. INTELLECTUAL PROPERTY RIGHTS
The Program, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of AP and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to AP or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Program may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms and Conditions, no licenses or other rights, express or implied, are granted by AP to you under any patent, copyright, trademark, trade secret, or other intellectual property right of AP.
18. INTERPRETATION
These Terms, including the AestheticPoints.com Privacy Policy, constitute the entire agreement between you and AP with respect to your enrollment and participation in the Program. AP’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AP. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms and Conditions inure to the benefit of AP’s successors and assigns.
19. ASSIGNMENT
AP may assign its rights and delegate its duties under these Terms and Conditions at any time to any party without notice to you. You may not assign these Terms and Conditions.
20. ELECTRONIC COMMUNICATIONS
These Terms and Conditions and any other documentation, agreements, notices, or communications between you and AP may be provided to you electronically, including via the Mobile App, to the extent permissible by law.