August 19th 2021

1. Introduction

The 2XU Crew Membership Program (โ€œProgramโ€) is operated by 2XU Pty Ltd, ABN 85 112 308 602 of 43 Cremorne St, Cremorne VIC 3121 (โ€œ2XUโ€).

These Terms and Conditions are effective as at the date specified above and are available from the Website. Any material amendments to these Terms and Conditions will be notified to Members in accordance with clause 6.1

These Terms and Conditions are effective as at the date specified above and are available from the Website. Any material amendments to these Terms and Conditions will be notified to Members in accordance with clause 3.2.

Anyone joining the Program will be bound by these Terms and Conditions.

2. Definitions and Interpretation

In these Terms and Conditions, the following words shall have meaning given to them:

โ€œMemberโ€ means an individual who is a member of the 2XU Crew. โ€œMembershipโ€ means membership of the 2XU Crew
โ€œBenefitsโ€ means any discount, service or arrangement offered or available to a Member as a result of membership in the 2XU Crew subject to, including (but not limited to) invitations to 2XU in-store and partner events, exclusive Member offers, free standard domestic delivery of online orders placed on 2xu.com, exclusive early access to new products, sales and promotions.
โ€œPasswordโ€ means the personal identification number which is created by the Member at the point of joining the Program.
โ€œTaxesโ€ means the goods and services tax or similar value added tax levied or imposed in the jurisdiction of Australia, United States of America, Canada or New Zealand as applicable, pursuant to the prevailing tax law(s) of the jurisdiction at the time.
โ€œ2XU Crewโ€ means the loyalty program operated by 2XU
โ€œTerms and Conditionsโ€ means these Terms and Conditions between 2XU and each Member, as amended by 2XU from time to time.
โ€œWebsiteโ€ means www.2xu.com

3. Membership

3.1 Membership of the 2XU is only open to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments or agencies.

3.2 Participation in the Program is for personal use only and open to individuals 18 years and over and have a unique valid email address and mobile phone number. Individuals under 18 years must have parent or guardianโ€™s okay prior to registering for the Program and the parent or guardian must read and agree to these terms. 2XU reserves the right to request the parent or guardian to confirm consent of the individualโ€™s participation at any time.

3.3 Member may not hold more than 1 (one) Membership at any time. Multiple accounts per user (determined by name, email or mobile number) will result in the additional accounts being closed, and any benefits and rewards attached to any of the account cancelled or forfeited, at the absolute discretion of 2XU.

3.4 To register in the Program, you must:โ€จ
I. Register online at www.2xu.com/crew,
II. Follow the prompts to register;โ€จ
III. Complete and submit your details, including online password; andโ€จ
IV. Once you have successfully registered, you will be a 2XU Crew Member (also referred to as โ€œyouโ€ in these Terms) of the 2XU Crew Membership Program. You will receive a Welcome email upon registration, confirming your that you successfully registered with the Program.
V. An applicant who completes a Membership application form via the Website will receive a personalised email, which will provide an overview of the Benefits of joining the 2XU Crew and which will direct the applicant to the Website for a copy of these Terms & Conditions.
VI. An applicant who completes a Membership application in a 2XU Performance Centre store will be sent an introductory email which will provide an overview of the Benefits of joining the Program and which will direct the applicant to the Website for a copy of these Terms and Conditions and to complete their application.

3.5 Membership is offered at the sole discretion of 2XU. 2XU has the right to accept or reject any application for Membership without providing any reasons to the applicant.

3.6 Members may cancel their Membership at any time by logging into their Member account and using the โ€˜delete functionโ€™ or contact 2XU Customer Support . Deleting an account is irreversible and includes the loss of all your data. Using the same email address to re-join 2XU will not facilitate another Member account being created.

3.7 Members must advise 2XU of any change of name, address or other details, as soon as practicable after such change occurs, by either logging into their account via the Website and making the changes directly. 2XU is not responsible for loss caused by any failure by a Member to notify 2XU of any changes in accordance with this clause or for any incorrect information notified to 2XU.

3.8 You consent to receiving marketing communications via email, unless you advise us otherwise and you agree to the release of your personal information to authorised third parties as necessary to carry out the Program. You may choose to unsubscribe from receiving marketing communications via email, by logging into your Member account and updating Communication preferences.

3.9 For details of our privacy practices including how we collect, use and disclose personal information and how to make a complaint regarding the management of your personal information, please read our Privacy Policy at www.2xu.com

4. Benefits

4.1 Subject to clause 6.1, 2XU Membership benefits include, but not limited to invitations to 2XU in-store and partner events, exclusive Member offers, free standard domestic delivery on all online orders placed at www.2xu.com, annual anniversary gift offer, exclusive early access to new products, sale events and promotions.

4.2 Benefits and rewards may be sent to you directly to your registered email account or advertised in various mediums and channels. All benefits and rewards, including cannot be transferred or exchanged, unless expressly stated otherwise.

4.3 All Benefits will be sent to the registered email and are subject to availability. Substitutes may be offered at 2XUโ€™s absolute discretion. Any prices or values stated in connection or for a benefit or reward is correct at the time of publication.

4.4 2XU is not responsible for any late, lost, misdirected, damaged or undeliverable benefits and rewards.

5. Member Obligations

5.1 Members must not:
(a) act in any way which breaches these Terms and Conditions;
(b) abuse or misuse the 2XU Crew, Benefits, facilities, services or arrangements provided to the Member as a result of membership including by:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information;
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Benefit other than in accordance with these Terms and Conditions; or
(iv) acting in a hostile, abusive or aggressive manner toward 2XU staff or fellow customers of 2XU or Members of 2XU Crew.

5.2 Members are responsible for regularly checking their Membership account via the Website and must notify 2XU of any omissions, incorrect entries or other discrepancies within 60 days of the omission, incorrect entry or other discrepancy having occurred to enable 2XU to make any corrections (if required) to the Membership account.

6. Changes to the Membership Program

6.1 2XU reserves the right to make any amendments (whether material or otherwise) to the 2XU, these Terms and Conditions and any Benefits offered, including amendments to Benefits including the continued availability of Benefits;

6.2 2XU will use all reasonable efforts to advise Members of material amendments to these Terms and Conditions and where such changes will affect the Benefits provided by 2XU to Members, 2XU will endeavour to give Members at least 8 weeksโ€™ notice.

6.3 Without limiting this clause in any way, Members will be taken to have received the notice if 2XU notifies Members of the amendments by
providing notice at the email address provided to 2XU by the Member.

7. Termination or suspension of Membership

7.1 If a Member has committed a material breach of any of these Terms and Conditions, whether intentionally or otherwise, 2XU may take any one or more of the following actions:
(a) suspend or terminate the Memberโ€™s Membership;
(b) cancel or refuse to honour any Benefits that have been redeemed by or provided to the Member.

7.2 If 2XU intends to take any of the actions specified in clause 6.1, 2XU will provide written notification to the Member of its intentions and reasons for doing so via registered email address. The Member will have 21 days to respond to this notice by rectifying the breach (if possible) and by providing 2XU with reasons why 2XU should not take such action. 2XU will review the Memberโ€™s response and advise the Member of its decision and may suspend the Memberโ€™s account until the review is complete.

8. Personal Information

8.1 The Member consents and authorises 2XU to collect, use and disclose the information that 2XU collects in relation to the Member for the purposes of:
(a) 2XU providing goods and services to Members, including providing Benefits;
(c) 2XU marketing its goods and services or the goods and services of selected third parties;
(d) any third party providing services to 2XU in connection with the administration of the 2XU Crew.
This information may be transferred between Australia, Canada, New Zealand, United States of America, for these purposes.

8.2 If a Member requests, and to the extent permitted or required by law, 2XU will provide that Member with access to and the ability to correct their personal information held by 2XU by writing to 2XUโ€™s address, noted above in Privacy Policy. Only the Member named on the Membership will be entitled to access Membership information.

8.3 This clause 8 survives the termination of these Terms and Conditions and the termination or suspension of the 2XU Crew program.

8.4 Further information regarding 2XU privacy practices are available by viewing or downloading privacy policy on the Website.

9. Liability

9.1 2XU acknowledges that certain laws imply terms, conditions and warranties into contracts for the supply of goods or services which can not be excluded.

9.2 Subject to clause 14.1, to the extent permitted by law 2XU and any of its officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, indirect, consequential or economic loss or loss of profits) arising under or in connection with these Terms and Conditions or the 2XU Crew, including, without limitation, any changes to these Terms and Conditions or 2XU Crew, save to the extent that such loss or claim arises from the negligence or wilful misconduct of 2XU or any of its officers, employees or agents.

10. General Provisions

10.1 These Terms and Conditions and Membership are governed by and will be construed in accordance with the applicable law in the State of Victoria, Australia, irrespective of where the application for Membership was completed by the Member or submitted to 2XU. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member irrevocably submits to the authority of the Courts having jurisdiction in the State of Victoria, Australia.

10.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including the Competition and Consumer Act 2010(Cth).

10.3 If part of all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining clauses in these Terms and Conditions will continue to have full force and effect.