Keep Club Terms and Conditions - Fairphone https://www.fairphone.com/en/legal/keep-club-terms-and...

Keep Club Terms and Conditions

The Keep Club is Fairphone’s referral and loyalty program which helps Fairphone reward its
community for maintaining their Fairphone products as long as possible and promote
Fairphone amongst their Friends and Family. As a Member of the Keep Club, You are able to
collect Points which you can then redeem on our webshop for a discount or donate to our
long-standing partner Alliance for Responsible Mining (https://www.responsiblemines.org/en/)
(ARM).

To participate in the Keep Club, You agree to the following Keep Club Terms and Conditions.

1. Definitions (#1definitions)

In these Terms and Conditions, the following definitions will be used.

‘Advocate’ means the person who sends the Referral Link. An Advocate must be above the
age of 18, resident within the European Continent.

‘Discount’ means the discount on an order obtained after converting a selected amount of
available points in the checkout page of our Webshop.

‘Donation’ means to benefit a cause. Any donations made through the Keep Club go in-full
to our long-term partner Alliance for Responsible Mining (ARM). From the total amount of
donations, we purchase so-called Fairmined gold credits on a quarterly basis from them. You
can find more here.

‘European Continent’ shall mean Austria, Belgium, Bulgaria, Croatia, Czech Republic,
Denmark (excluding Greenland), Estonia, Finland, France Métropolitaine (excluding oversea
territories), Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Monaco, The Netherlands (excluding Bonaire, Saba and St. Eustatius), Norway,
Poland, Portugal (excluding Azores and Madeira), Romania, San Marino, Slovakia, Slovenia,
Spain (excluding Canary Islands, Ceuta and Melilla), Sweden, Switzerland, United Kingdom
(excluding the Channel islands).

‘Member’ means anyone who has signed up to the Keep Club. A member must be above the
age of 18, resident within the European continent.

‘Points’ means the rewards you get as a result of Your engagement with the Keep Club.

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‘Product’ means the Fairphone products including the smartphones and their replaceable
parts, dedicated accessories, stand-alone accessories, such as earbuds and headphones
(and their replaceable parts), as offered for sale by Fairphone on its official webshop or via
one of its official resellers.

‘Referred Friend’ means the person who receives the referral link and associated discount. A
Referred Friend is any person above the age of 18, resident within the European continent. To
benefit from the abovementioned discount, the Referred Friend must also be a first-time
purchaser on Our Webshop who has never used any Fairphone referral codes before.

‘Terms’ means the present Keep Club Terms and Conditions, including updates, alterations
and possible appendices, published on the Fairphone website.

‘Tier’ means the category in which Members are placed based on their level of engagement.
A tiers typically offers different benefits and rewards, with higher tiers offering more valuable
rewards. For the purpose of the Keep Club Program, Members have access to Copper, Silver
and Gold Tiers depending on their level of engagement.

‘We’ (“our”, “us”, “Fairphone”) means Fairphone B.V., a Dutch limited liability company located
at van Diemenstraat 200, 1013 CP, Amsterdam in the Netherlands, registered with the Trade
Registry number 55901964, VAT number 8519.04.270.B.01

‘Webshop’ means our official online shop section where you can acquire information about
our Products and purchase them: www.shop.fairphone.com.

‘Website’ means our website: www.fairphone.com.

‘You’ means any Member or user of the Keep Club as applicable.

2. Joining the Keep Club (#2joiningthekeepclub)

2.1 The Keep Club is Fairphone’s loyalty and referral program which is free to join and allows
members to earn Points for activities such as; making a purchase for specific products,
referring a friend and much more. The Keep Club is open to You if You are located in the
European Continent.
2.2 If You are using an alternative software, some activities of the Keep Club may not be
accessible to you (i.e. get points on your Phone’s Birthday).
2.3 By participating in the Keep Club, You agree that you have read, understood and agreed
to these Terms, our Privacy Policy and the Terms and Conditions of Sale. We encourage You
to read the related policies and/or FAQs to better understand the Terms which apply to the
Keep Club.

3. Registering for the Keep Club (#3registeringforthekeepclub)

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3.1 The Keep Club will be accessible to all Fairphone customers. In order to participate in the
Keep Club, You need to create an account on our website (https://shop.fairphone.com/en/customer
/account/login/referer
/aHR0cHM6Ly9zaG9wLmZhaXJwaG9uZS5jb20vZW4vY3VzdG9tZXIvYWNjb3VudC9pbmRleC8%2C/) and opt-in
to joining the Keep Club. The following information will be required for your registration:
email address, first name, last name and password.
3.2 Only one account should be associated with a single member and a single email address.
This account will be the one you use for any activity on our website such as purchases,
tracking your past orders etc. If you already had an account with us make sure to log into
this one instead of creating a new one.
3.3 Once You have registered, You will receive a confirmation via email. You will then be able
to access your personal Keep Club account.
3.4 Later in 2023, You will also be able to access the Keep Club via My Fairphone App. Kindly
note that use of the My Fairphone App might entail messages, data and other charges from
your mobile service provider. Fairphone shall not be responsible for any data charges or other
costs associated with the use of the My Fairphone App. (https://support.fairphone.com/hc/en-
us/articles/4421671429009)
3.5 You are solely responsible for maintaining the accuracy of your account information and
for updating your account information as required to make use of the Keep Club.

4. How the Keep Club works (#4howthekeepclubworks)

4.1 The Keep Club is a way for Fairphone to reward you for keeping your Fairphone in use as
long as possible as well as promoting Fairphone’s mission amongst your Friends and Family.
By joining the Keep Club you will have access to build up Points which You can redeem for
discounts or donate to a charity. Points can be redeemed for any purchase value above ten
(10) Euro.
4.2 You can view Your Points under Your Keep Club account (http://www.fairphone.com/keep-club)
and track your progress and tier status. You maintain Your Points for 3 years after which the
Points which You have not yet redeemed will automatically expire. Whenever You reach a
new Tier, you have 12 months to collect new Points. If you have not collected any new Points
during the 12 months following the accession to this new Tier, you will automatically be
downgraded to the previous Tier.
4.3 Any Points will be awarded within 6 weeks of the action being completed.
4.4 The Keep Club will have three Tiers; Copper, Silver and Gold. By collecting Points, You will
have the ability to move up in Tier and access different benefits as indicated on the landing
page. Upon registration, You will automatically be placed in Copper. We reserve the right to
add or remove any Points or remove You from any Tier in the Keep Club if We believe Your
activity or the Points earned to achieve a Tier status were fraudulent or an abuse of the Keep
Club. Removing Points from Your balance can affect Your tier eligibility and may result in the
downgrade to a lower tier.
4.5 Personal gifts sent as part of the Keep Club rewards are subject to availability and may

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not be substituted for cash. Fairphone reserves the right to offer an alternative Gift of similar
monetary value, without prior notice. Fairphone reserves the right to offer Fairphone
Products or third-party Products as personal gifts at its sole discretion.
4.6 If the gifts involve third-party manufactured items, they shall be subject to the
manufacturer’s terms and conditions for warranty, service and maintenance, and Fairphone
does not accept any responsibility for such manufactured items. In particular, Gifts are
provided by Fairphone on an “AS IS” basis without warranties of any kind, including
warranties of merchantability, satisfactory quality, non-infringement of intellectual property,
or fitness for any particular purpose.
4.7 If You have been offered a personal gift and do not wish to receive it, You can simply
inform us by replying to the email You received where we let you know you had earned a gift.

5. Using Your Keep Club Points (#5usingyourkeepclubpoints)

5.1 You collect Points by completing various activities that fall into one of the following
categories:

• Joining the club: Receive 20 points for consenting to join the Keep Club

• Phone’s Birthday: Earn 20 points for every year you keep your phone! To be eligible, please
enter your IMEI number in the required form in your account. We calculate your phone’s
birthday based on the date you booted up for the first time. You can only collect birthday
points for one phone at a time, the most recent one you entered into the form. This
activity is limited to Fairphone 3 or Fairphone 3+, Fairphone 4 and Fairphone 5 models
running on Android. Neither Fairphone 2, nor Fairphones powered with alternative OSes
(such as e/OS/) can be used.

• Purchase of spare parts, protective case or screen protectors: For every euro spent on
spare parts or a protective accessory, earn 1 point when in Tier Copper, 1,25 points when in
Tier Silver and 1,5 points when in Tier Gold.

• Successful referral: Earn 250 points for each successful referral (as explained in section 6)

• Follow us on Instagram: Earn 10 points for following us on Instagram

• Follow us on TikTok Page: Earn 10 points for visiting our TikTok page

• Retweet: Earn 10 points when retweeting our pre-selected tweet

• Newsletter: Earn 10 points for subscribing to our newsletter

• Watch or read content: Earn 20 points when watching or reading our pre-selected content
and answering an easy question at the end

• Recycling: Earn 20 points for each phone you return through our Reuse & Recycling
Program, on top of the rest value quoted in the program

• Register warranty: Earn 10 points for registering the Extended Warranty for your Fairphone
4 and Fairphone 5. This activity is not available for other Fairphone models, for which we

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don’t offer an extended warranty.

The activities and categories above mentioned may be removed or amended at any time by
Fairphone at our sole and absolute discretion.
5.2 Your Points can be redeemed only on our webshop for a discount on Your future orders.
The Points can also be donated to a charity. For more information on the charity which
Fairphone will sponsor, please click here. Combinations are possible: You can allocate part of
Your Points to a purchase and another part to a charity, provided that the conditions laid
down in Article 5.3 below are respected.
5.3 You can not use the Points obtained as part of the Keep Club program in combination
with any other sales promotions, gift cards, discount codes and vouchers.
5.4 The minimum amount of Points You can redeem via the Keep Club is 100 Points. Points
can only be redeemed when reaching the following levels: 100, 250, 500, 750, 1000 and 1,500.
5.5 Any Point redemption is final.
5.6 The Points which You would like to use to order on our webshop, will be converted into a
Discount. In no case may any of these Points be exchanged for their monetary value.
5.7 In the event you redeem Your Points for a discount on Your Order and make a return,
refunds will be given for the value of the original price paid reduced by the applied discount.
5.8 For the purpose of redemption, 10 Points are worth one (1) Euro, or one (1) Pound if you are
based in the United Kingdom.
5.9 Your Tier status will not be affected by Your use of earned Points.
5.10 The Points should only be used for personal and non-commercial purposes and may not
be sold or resold.

6. Refer Your Friends, Family or Acquaintances

(#6referyourfriendsfamilyoracquaintances)

6.1 Fairphone offers a twenty-five (25) Euros (or Pounds if you are based in the United
Kingdom) discount to referred friends upon the first purchase of a Fairphone smartphone.
6.2 The Advocate can share their broadcast link by using the social media buttons made
available on the Website or by any other personal means.
6.3 Through the unique broadcast link, the Referred Friend will receive a Discount Code that
can be redeemed in the Fairphone Webshop upon the purchase of their first Fairphone
smartphone.
6.4 Referral Links should only be used for personal and non-commercial purposes. Referral
Links should not be published or distributed where there is no reasonable basis for believing
that all or most of the recipients are personal contacts. The Fairphone Keep Club is not an
affiliate program and the advantages it gives should not be used in a manner similar to such
programs (e.g. sharing referral links on blog posts or public websites). 6.5 Fairphone offers 250
Points on any new order to Advocates upon the completion of a successful referral. This
means that the Referred Friend has made a successful smartphone purchase in Fairphone’s
webshop. The Referred Friend has to be a first-time purchaser on Our Webshop This means

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that the Referrer will only receive the discount when a successful purchase is placed by a
customer who has who has never placed a purchase via our Webshop with the dedicated
email address .
6.6 When purchasing the Product with the Referred Friend Discount Code, the general Terms
and Conditions of Purchase apply, including the right to a Cool-off period of 14 days from the
receipt of the Product. In the event the Referred Friend exercises this right, such Referred
Friend will be reimbursed the monetary value of the Product reduced by the discount applied
and the Advocate will not receive their Points. If the Referred Friend does not exercise their
right to a Cool-off period of 14 days from the receipt of the Product, after a minimum of 14
days the Advocate receives the 250 Points.
6.7 The Advocate can only successfully refer a maximum of 10 people. Each successful
referral will generate Points that Advocates can use on any new purchase on the Webshop.
Only one discount code per order is allowed.

7. How we protect your Privacy and Data (#7howweprotectyourprivacyanddata)

7.1 Any personal data provided in connection with the Keep Club will be processed in
accordance with our Privacy Policy. (https://www.fairphone.com/en/legal/fairphone-privacy-policy/)
7.2 All data collected by Us will be used and processed exclusively within the framework of
the current Dutch and European Union data protection laws and in accordance with Our
data protection and privacy policies.

8. Fairphone’s rights, modification and termination

(#8fairphonesrightsmodificationandtermination)

8.1 The Keep Club and its benefits are offered at Fairphone’s sole discretion. We may, in our
discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Keep Club
or any aspect or feature of the Keep Club at any time without prior notice, even though such
changes may affect the value of rewards or benefits already accumulated or earned and/or
the ability to redeem accumulated rewards or benefits.
8.2 In the event Fairphone applies any changes to the Keep Club Program (tier structure,
activities, amount of points) the points that were already generated in Your account will
remain. This does not apply in the event Fairphone terminates the Keep Club program.
8.3 Fairphone can terminate the Keep Club or a person’s ability to participate at any time for
any reason and without notice.
8.4 Fairphone reserves the right at any time, in our sole discretion to: (1) suspend accounts, (2)
cancel Your participation in the Keep Club, (3) suspend or audit your membership account for
any amount of time, or refuse a transaction without prior notice as deemed fair and
appropriate. Any suspected abuse of the Keep Club, failure to follow any Terms, illegal
activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or
detrimental to Fairphone or Fairphone’s interests, including without limitation, any suspected
illegal, fraudulent other unauthorized use of any Keep Club rewards and/or benefits, may

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result in the revocation of your membership, loss of accrued points, and make you ineligible
for further participation in the Keep Club. If your membership is revoked, any rewards or
benefits in your account will automatically expire and your access to the Program and
features will automatically terminate, in our sole discretion. If, in our sole discretion, we
suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to
take appropriate legal action.
8.5. If you decide you no longer want to be a part of the Keep Club, you may cancel your
membership at any time by opting-out in your account).

9. Limitation of liability (#9limitationofliability)

9.1 Fairphone accepts no liability for loss, theft, destruction or improper use of the Keep Club,
unless this is the result of negligence on the part of Fairphone. In the event of a loss, theft,
destruction or improper use of the Keep Clubcase and unless You prove otherwise, Fairphone
will be deemed to have acted at all times with carefulness according to the terms of this
Agreement.
9.2 Without prejudice to the conditions of this agreement, Fairphone’s liability towards You is
limited to the amount of Points that were present in Your account at the time of the issue.
Should the need arise, Fairphone would restore Your Points either to Your original Keep Club
account or to Your new account as applicable. In no case may these Points be exchanged for
their monetary value.
9.3 Nothing in this agreement serves to exclude or limit liability for a) death or personal injury
due to negligence;
b) deliberate deception or fraud; c) any other form of liability that cannot legally be excluded
or limited.

10. Validity of provisions (#10validityofprovisions)

10.1 In the event that any provision of these Terms is declared invalid, illegal or unenforceable,
the remaining provisions of this Agreement shall remain in full force and effect. In such a
case, the Parties shall endeavor in good faith to modify the invalid or unenforceable article or
to agree on a new article that is valid and enforceable.

11. Changes to Terms and Conditions (#11changestotermsandconditions)

11.1 Fairphone reserves the right to, at all times, amend these Terms and the associated
benefits of the Keep Club by publishing an amended version on the Fairphone website.
Continued participation in the Keep Club following posting of updated or modified Terms
constitutes your acceptance of those Terms as so updated and modified.
11.2 You are free to decide whether or not to accept a revised version of these Terms. If You
do not agree to any revised version of these Terms, Your sole recourse is to stop Your
participation in the Keep Club.

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12. Applicable law and dispute resolution (#12applicablelawanddisputeresolution)

12.1 All contracts concluded with Fairphone shall be governed by Dutch law. Nothing in these
terms and conditions, affects Your rights as a consumer to rely on mandatory provisions of
local law.
12.2 Should a dispute arise between You and Fairphone in relation to these Terms, We will first
endeavor to solve this amicably. If an amicable solution cannot be reached, the dispute will
be resolved by the competent court in Amsterdam, the Netherlands.

Contact us here (https://support.fairphone.com/hc/en-us/requests/new) .

Edits
Keep Club Terms and Conditions (https://www.fairphone.com/en/legal/keep-club-terms-and-
conditions/)

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