Article 1 - GENERAL
PyroCoin™ Rewards Program (the “Program”) is a loyalty reward program offered by Red Apple Fireworks Co., Ltd. (the “Company”, “us”, “our”, “we”, or “Red Apple®”) to certain customers of the Company. The Program is accessible through https://www.redapplefireworks.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation https://www.redapplefireworks.com/pyrocoin (the “Explainer Page”).
The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested or accrued right or entitlement to the continued availability of any particular reward, benefit or redemption level. Red Apple® reserves the right to revoke, terminate, suspend or modify the Program and any and all rewards, benefits, points, or redemptions related thereto, in its sole and absolute discretion with no prior notice.
The terms and conditions set forth herein (the “Terms & Conditions” or “Terms and Conditions”, and any terms set forth on the Program Website, the Explainer Page and any other terms set forth on the Program Website and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Program Terms are a binding agreement between you and Red Apple® and will govern your participation in the Program. The Company in its sole and absolute discretion can terminate, restrict, suspend, amend, modify, extend or otherwise alter the Program and/or the Program Terms at any time and without prior notice. If the Program Terms have been updated or otherwise changed, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.
The Program will continue until terminated or suspended by us, as determined in our sole and absolute discretion.
By using or enrolling in the Program, you accept and agree to be bound by the Program Terms.
Article 2 - PROGRAM MEMBERSHIP
To become a member of the Program, you must be a legal resident of the 50 United States and be 18 years of age or older. Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a unique rewards member number (“Member Number”) from us.
ACCOUNT; PASSWORDS; SECURITY
In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one PyroCoin™ Rewards Program rewards account (“Account”) is permitted per person. We are not liable for any unauthorized access to your Account that is not occasioned by the activities of Red Apple®.
SUSPENSION RIGHTS; CAPACITY
If the Company suspects or determines that a Program Member has attempted to engage or has engaged in any of the following activities, the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company: (a) the Member has abused or attempted to abuse any of the Program’s privileges; (b) the Member has failed to comply with or has attempted to violate any of the Program Terms; (c) the Member has made or is attempting to make a material misrepresentation to the Company; (d) the Member has engaged or attempted to engage in any fraudulent activity with respect to the Program; or (e) the Member has misused or attempted to misuse the Program in any way.
Points will not be awarded if the Company suspects that the merchandise purchased will be used for resale or commercial use, in which event all points awarded on such purchases will be forfeited. If a Member has been awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, as determined by Red Apple® in its sole and absolute discretion, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Unless further restricted elsewhere in the Program Terms, membership in the Program is only available to (i) individuals 18 years of age or older and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. Further, membership in the Program is only available to persons (including individuals and entities) who reside in the 50 states of the United States of America. If a Member does not meet all of the enrollment requirements set forth above, all points awarded to such Member will be forfeited without prior notice and the Account may be suspended or closed by us.
CHANGE IN INFORMATION
Program Members are responsible to advise the Company immediately of any change to their email address, mailing address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the email address, mailing address or other contact information then on file from such Program Member.
A Program Member’s Account is deemed to be inactive if points are not earned in connection with such Account for 365 days. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.
Points are reduced to zero upon revocation of membership in the Program or closure of a Member’s Account.
If a Member Number is used by any other person (other than the Member to whom it has been assigned), all points relating to purchases made by such other person will be credited only to the Member’s registered Account used for the transaction. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Center that the Member Number has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.
Article 3 - REWARD POINTS
Points can be earned by Program Members in connection with purchases of goods made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the Member Number is presented/entered at the time of purchase.
Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program Website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page.
A Member must provide his/her Member Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all personal information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.
Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members for the addition or deletion of items from or for which points can be collected and/or redeemed.
Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void and automatically forfeited. For the avoidance of doubt, such prohibited transfers include voluntary transfers as well as transfers upon operation or law upon the death of a Member.
In the event of a return/exchange of any eligible purchase that initially earned points, such earned points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Member Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.
Products purchased with redeemed points may not be returned for a monetary refund. Further, upon the return of product(s) originally purchased with redeemed points, we will credit back the Account originally used with the applicable reward points. Any product(s) received as a result of points redemption may only be exchanged for a refund of the applicable points redeemed for such product(s) (not cash or credit).
From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.
Article 4 - PRIVACY
We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, Member Number and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and Program information. You can unsubscribe from receiving such messages at any time by updating your online Account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
Article 5 - GENERAL
By enrolling in the Program, each Member (i) certifies that he or she is 18 years of age or older and of mental capacity, and is a resident of the 50 United States of America, (ii) consents to the Company’s collection and use of certain personal information, except as he or she may otherwise notify the Company, and (iii) agrees to the Program Terms, as they may be amended from time to time.
These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any provisions set forth in these Terms & Conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms & Conditions, any misrepresentation by a Member to the Company, any fraudulent activity of a Member relating to the Program, or any misuse of the Program by a Member, may subject the Member to expulsion from the Program, including forfeiture of all accumulated points and closure of the Member’s Account. Further, if the Company suspects that any of the foregoing events has occurred or is being planned by a Member, the Company may expel the Member from the Program, including forfeiture of all accumulated points and the closure of the Member’s Account, as determined by the Company in its sole and absolute discretion.
CLERICAL ERRORS; WAIVER
Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any clerical errors or omissions in printed or electronic copies of these Terms & Conditions, as published from time to time on the Program Website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: firstname.lastname@example.org.
If a provision of the Terms and Conditions is or becomes illegal, unenforceable, or invalid in any governing jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other provision of the Terms and Conditions, or (2) the enforceability or validity in other jurisdictions of that or any other provision of these Terms and Conditions.
Reward points or product(s) received from redemption of points may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any rewards. Red Apple® makes no representation or warranty whatsoever in respect to the tax consequence (if any) for, or the application or non-application of any taxes upon, earned reward points or product(s) received upon redemption of points.
JURISDICTION; GOVERNING LAW
The Program and the Program Terms shall be construed and enforced in accordance with the laws of the State of Nevada, without regard to any conflicts of law principles of any other state or jurisdiction. Subject to the binding arbitration provisions set forth below, any claim, cause of action or lawsuit brought under, pursuant to, or in connection with the Program Terms shall be brought only in a federal or state court located in Clark County, Nevada, and you and Red Apple® expressly and voluntarily consent to the exclusive jurisdiction and venue of such courts, to the maximum extent afforded under applicable law.
DISPUTE RESOLUTION; ARBITRATION
In the event of any controversy, dispute, claim, cause of action or suit (a “Dispute”) between you and Red Apple® arising out of or relating to these Terms and Conditions, the Program, the Explainer Page, the Program Website and any other Program Terms Red Apple® may elect, in its sole discretion, to resolve such Dispute by mandatory and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any Dispute of any other party. The arbitration shall be conducted in Las Vegas, Nevada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the state of Nevada, necessary to protect the rights or the property of you or Red Apple® (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
In the event that you have a Dispute with the Company, you agree that as a precondition of filing any suit or proceeding, and prior to any lawsuit or arbitration, you must first provide written notice of your Dispute to Red Apple® by sending an email to us at the following email address, detailing the specifics of your Dispute and the resolution that you are seeking, and the subject line of the email must read “Notice of Dispute”: email@example.com. Upon our receipt of your Dispute notice, we will have thirty (30) days to investigate the Dispute and respond to you with any proposed resolution. You agree not to file any suit or proceeding prior to this time period. If we are not able to resolve your Dispute to your satisfaction following expiration of the aforementioned thirty-day period, you may proceed, if desired, with your Dispute in a proper forum.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
You and the Company agree that each of us may bring claims against the other on an individual basis only, and not as a plaintiff or class member or in any purported class or representative action or proceeding. Unless both the Company and you agree in writing to the contrary, the arbitrator or judge may not consolidate or join more than one party’s or person’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Additionally, the arbitrator or judge may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
Except for willful misconduct or gross negligence on the part of Red Apple®, by participating in the Program, each Member hereby knowingly and voluntarily releases Red Apple® and its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and its/their respective members, managers, shareholders, directors, officers, employees and agents, from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program or the use of any reward points.
Last updated: March 16, 2023