MEMBERSHIP PROGRAM TERMS AND CONDITIONS FOR B OF A MEMBERS (“Membership Terms”)

The following terms are for the 90 day Erewhon membership program offered to Bank of America Preferred Honors and Premier Members.  The Terms and Conditions of the Membership Program in section J of the Terms and Conditions (“T&C Membership Terms”) found at Erewhon.com do not apply to the Members herein, and in any conflict between the T&C Membership Terms and the Membership Terms, the Membership Terms shall apply.   For B of A members that are current members of an Erewhon Membership program, they may elect to receive a 90-day extension of their current membership and in that case are subject to the T&C Membership Terms notwithstanding anything stated herein.

The Erewhon 90 day Membership Program for Bank of America Preferred Honors and Premier Members (the “Program” or “Membership”) is administered by Erewhon and subject to the below terms and conditions (“Membership Terms”). By becoming a member of the Program or receiving and claiming the benefits associated with the Program, you (“you” or “Member”) agree to the Terms and Conditions below. Memberships last 90 days from the date You first sign up as a member (“Membership Term”).

PLEASE READ THESE MEMBERSHIP TERMS CAREFULLY AS THE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND OBLIGATIONS. BY PARTICIPATING IN THE MEMBERSHIP PROGRAM, YOU ARE AGREEING TO THESE MEMBERSHIP TERMS. YOUR MEMBERSHIP IS ALSO SUBJECT TO THESE TERMS OF USE AND SERVICE AND THE PRIVACY POLICY. IN THE EVENT THERE IS A CONFLICT BETWEEN THESE MEMBERSHIP TERMS AND ANY OTHER TERMS OF USE OR POLICY, THESE MEMBERSHIP TERMS WILL GOVERN FOR THE PROGRAM ONLY.

For purposes of these Erewhon’s Membership Terms and Conditions, a “Member” means an individual enrolled in the Program offered by Erewhon listed herein and including any permitted secondary member the primary member has authorized to use the membership (if applicable). The primary member has sole authority to make changes to the membership and to request and receive appropriate information (if applicable).

These Terms and Conditions May Change

EREWHON MAY CHANGE MEMBERSHIP TERMS AND CONDITIONS AT ANY TIME, WITHOUT NOTICE TO YOU. YOU AGREE TO REVIEW MEMBERSHIP TERMS AND CONDITIONS FOR ANY UPDATES. YOUR CONTINUED USE OF YOUR MEMBERSHIP (OR IN THE CASE OF AN EXPIRED MEMBERSHIP) CONSTITUTES AN ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO SUCH CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP BY NOTIFYING EREWHON IN WRITING UPON A MATERIAL CHANGE IN THESE TERMS AND CONDITIONS. You are responsible for remaining knowledgeable of all Program terms and any changes, modifications, or additions to the Program.

Only the Company has the sole discretion to modify, add, or delete all or any portion of the Program rules, terms, conditions, and benefits, at any time, with or without notice, even though such changes may affect the value of points already accumulated, and /or any benefits. The Company may also terminate any membership, reduce points, or declare any benefits forfeited for attempted violation of these Terms and Conditions, attempted fraudulent activity, malfeasance, commercial or resale activity, or any other reason deemed justified in the Company’s sole discretion.

Eligibility And Enrollment

The Program is only available for Bank of America Preferred Honors and Premier Members who are eligible for the Bank of America Lifestyle Benefits program during the period of time the Program is available to redeem subject to the terms, conditions, rule or any other limitation place by Bank of America on their members enrolled in the “Lifestyle Benefits program.”  The Program can only be redeemed through the B of A Rewards program.

To redeem this offer, Select “Sign Up for Offer” from the Bank of America Lifestyle Benefits page. You will be directed to the Erewhon redemption page at https://ship.erewhon.com/pages/bank-of-america-premier-tier, with Your unique Bank of America Lifestyle member code automatically applied. Choose one of three exclusive welcome gifts (if applicable), each featuring a curated selection of Erewhon products. Add your selected gift to your cart and complete checkout. Your member code will be applied at checkout, so there will be no charge for your gift (if applicable). A phone number, email address, and shipping address are required to complete redemption. Limit one redemption per customer.  Upon redemption, you will receive a Membership,

By redeeming a Membership, you are entering into a binding contract on the Terms and Conditions described herein and also agree to receive communications via e-mail messages, text messages, push notifications, or other messages, from Erewhon, Erewhon’s Lifestyle Collective brands and other brands we carry in our stores.

The Company is not responsible for communications, offers, or rewards sent to out-of-date or changed email addresses. All Program communications will be sent to the Member’s e-mail or mobile phone currently provided in the member’s membership account. Members must keep their email and mobile phone current. At any time a member inquires about points, Erewhon may ask the member certain security-related questions to verify the member’s identity.

There is a limit of one Program per individual, email address, and phone number. Family members of employees are eligible to enroll in the Programs. Employees are not eligible to enroll in any Membership Programs. Shoppers working and purchasing items on behalf of 3rd party delivery companies are not eligible to enroll in any Membership Programs.

You agree not to sell, transfer, or assign your account or the points associated with your membership or any membership rights. Points or benefits are not your personal property and may not be inherited, bartered, purchased, assigned or sold. For online users and app users, you are cautioned that you alone are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other devices, as applicable) so that others may not access the account associated with your membership.

Membership Benefits

Ten percent (10%) back on all in-store purchases accrued as Erewhon points after discounts and before tax and shipping; or in other words ONE Erewhon Point accrued per $10 after coupon, after discounts, before tax and shipping, for every purchase (other than those purchases excluded below**) made at the Company store.  Erewhon Points may only be accrued during in-store purchases which does not include pick-up orders, grocery deliveries, or orders from ship.erewhon.com. Erewhon points for all eligible transactions are rounded to the nearest two decimals.

Other current Membership benefits (which benefits are subject to change at any time without notice) can be reviewed by emailing Erewhon at members@erewhon.com. Membership Benefits may vary by each store and/or location but will include the following (subject to Erewhon’s discretion to remove, add or otherwise change or alter Membership Benefits): 

- 10% back on all in-store purchases accrued as Erewhon points

- monthly, free membership drinks (in-store only)

- 25% off on select brands 

- Exclusive perks on our lifestyle partner brands redeemable here.

Earning of Points

To earn Points, Program Members must identify themselves at the time of purchase in-store.  For any in-store transaction Membership can only be validated by providing your Phone Number and a valid form of ID to Store Manager who will verify your Membership.

 

NOTE: Members will not receive any Physical Membership Card.

If you do not use the Validation Methods at the time of purchase, you will not accrue Points for that purchase, and/or you will not be eligible to receive membership benefits. You may, however, add purchases to your Membership Account within seven days of original transactions by emailing members@erewhonmarket.com and providing sufficient information to Erewhon to identify the purchase. The Company has sole discretion in determining whether a reported purchase qualifies for Points.

**Points cannot be earned on purchases of sushi, flowers, gift cards, bottle deposits, nor services and labor offered by Erewhon. Erewhon reserves the right to determine to add, modify, or delete qualifying restrictions on product categories or products from the above list, without notice.

Points are earned once a purchase has consummated and been delivered and after a customer takes possession (for in-store transactions). Points are earned only on in-store purchase. Purchases made through any third-party platform do not earn points. Points accrue net of discounts and returns.

You may review your Points balance by reaching out to membership@erewhon.com or requesting your point balance at any store.  It may take up to 24 hours for Points to accurately post. The number of Points earned is based on the date your purchase was made, which may be different than the date the transaction posts. Any disputes concerning Points that have not timely posted must be made in writing to members@erewhonmarket.com .

Erewhon will use reasonable efforts to investigate your Points dispute provided you notify Erewhon within 21 days of the purchase or use of the points. If you do not notify Erewhon within that period, you waive your right to make a dispute concerning a purchase or use of the Points. Erewhon may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation, requested proof, and a valid receipt. Upon completion of the investigation. Erewhon will have no further responsibilities if you later reassert the same dispute. It is your burden of proof to persuade Erewhon on all disputes and there is a rebuttable presumption that all entries made to your Account were approved by you.

Expiration of Points and Return of Points; Forfeiture of Points at Cancellation of Membership

Points earned from a purchase are deducted in the event of a return, refund, or other credit and will be deducted from your Account in an amount equal to the Points earned for the original purchase.

If your membership account is expired, terminated, suspended, cancelled, or otherwise no longer in effect, your Points will automatically expire and you will forfeit the balance of your Points as of the effective date of cancellation of your membership. However, Erewhon may grant you a one hundred and twenty day grace period for your Points to be reinstated, if you renew your membership during the one hundred and twenty day grace period.  The Membership may be renewed as a Signature Membership subject to the T&C Membership Terms.   All relevant terms related to Points apply upon any reactivation, including but not limited to: Points have no cash value, and cannot be transferred or reactivated.

Redemption Of Points

Points can be used towards eligible purchases made at a Company store. Points are non-transferable, have no cash value, are not legal tender, and do not give rise to any property or other interest whatsoever. Erewhon Points can be used only for approved purchases made in store. Points can be used as a tender on approved purchases with 1 Erewhon Point having the value of $1.00.

No Substitutions/Membership Food and Beverage Offerings

As part of the Membership benefits, Members may be offered exclusive food and beverage offerings (“Member F&B Offerings”). Aside from customary substitutions and modifications that are offered to all Members, further customizations cannot be accommodated as they would be a fundamental alteration of the offering. Member acknowledges this policy and waives any rights to remedies or other restitution in the event they are unable or unwilling to consume, accept or otherwise enjoy the Member F&B Offerings. Moreover, Member acknowledges that Member F&B Offerings may be exclusive to certain stores and/or locations.

Opt-In/Privacy/Opt-Out

By providing your enrollment information, you are opting in to receive communications, including email and text communications from Erewhon. You are also permitting us to use your transaction and profile data to send personalized Program communication and exclusive offers. Members who have opted out of receiving marketing emails are still able to participate in the Program and receive messages about the Program in which they are enrolled. You agree Erewhon may send communications regarding the Program by mail, phone, email, or other methods, including consent to receive emails, text messages, push notifications, and other communications at any of the e-mail addresses and/or telephone numbers you provide. It is agreed Erewhon may send communications for any transactional, customer service, order, or order-related matters, and, as applicable, for advertising, marketing, or promotional purposes or other purposes you requested or consented to about all of your Account and your enrolment in a membership program we offer. The messaging frequency will vary.

Erewhon is not responsible for communications lost or undelivered due to incorrect or outdated email addresses and/or phone numbers. All members have the option to discontinue receiving communications from us concerning marketing, advertising, promotional activities, and other related activities. To discontinue or opt-out, please email members@erewhonmarket.com .

Notice of Financial Incentive

In connection with our Program, we may from time to time offer financial incentives and/or price or service differences (“Incentives”) to Members. To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities to earn Points, such as purchase history, date of birth, participation in events, and engagement with the Company as described in these Terms (“Program Data”).

Credit Card Tokenization

By accepting our Terms and Conditions, you hereby consent to us storing your payment information for future use by Erewhon in accordance with our standard practices concerning tokenization, including, without limitation, using tokenization.

Limited Liability

Unless otherwise required by law, neither Erewhon nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Program or these Terms and Conditions, including but not limited to, use of the Program and any redemption for or purchase of products or benefits of the Program except that any liability that Erewhon or any Employee representative may have to you concerning the Program shall be limited to the amount of any Points you have earned in accordance with these Terms and Conditions.

Taxes

You are responsible for any tax liability that may result from participation in the Program or the use of any Points. Consult your tax advisor concerning such tax consequences.

Conflicts

These Terms and Conditions supersede any previous terms and conditions governing your membership. If any part of these Terms and Conditions conflicts with applicable law, that provision will be deemed severed from these Terms and Conditions and the remainder of the Terms and Conditions will remain in effect.

Miscellaneous

Under no circumstances will Erewhon or its affiliates be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control or because one or more grocery items or other products may not be available for sale at all times.

Erewhon’s websites and apps do use “cookies.” A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind Erewhon of who you are, tailor our products and services to suit your interests, estimate our customer size, track your status in our promotions, benefits, giveaways, and/or analyze your visiting patterns. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. Erewhon will only use this type of data in an aggregate form that does not identify you personally. By agreeing to these Membership Terms you are agreeing to the use of cookies.

The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. All trademarks, service marks and trade names used in any Program are with the permission of Erewhon. All trademarks, service marks, and trade names used by Erewhon, are the property of Erewhon. No use of these may be made without the prior written authorization of Erewhon.

Termination and Forfeiture

Important note: Subject to any requirements or limitations of applicable law, Erewhon may at any time for any reason terminate any Program without liability to Erewhon.