WELCOME TO THE CLEARLY LOYALTY PROGRAM (“LOYALTY PROGRAM”). THESE TERMS AND CONDITIONS EXPLAIN HOW MEMBERS LIKE YOU CAN EARN POINTS AND GAIN BENEFITS THROUGH THE LOYALTY PROGRAM.
By joining the Loyalty Program, you agree to be bound by these Terms and Conditions (“Loyalty Terms”). In addition, you agree to be bound by the Https://www.clearly.ca/en-ca Privacy Policy and Terms of Use.
Essilor Luxottica (“Luxottica”) reserves the right to update, modify, cancel, or terminate the Loyalty Program, and/or any feature at any time (including Points as defined below) and these Loyalty Terms without notice or any further obligations. Luxottica may make changes to the Loyalty Program even if such changes affect your ability to accrue Points and redeem Benefits.
LOYALTY MEMBERSHIP
1. Eligibility
You must be 18 years or older and a resident of Canada to be eligible for membership. Membership in the Loyalty Program is limited to individuals only and is limited to one loyalty account per individual and per email address. Employees of Luxottica, its parent companies, affiliates, subsidiaries, suppliers, advertising and promotion agencies, and anyone else connected with the product and distribution of this Loyalty Program and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household of each are not eligible to participate in the Loyalty Program.
2. Enrollment
There is no cost to join the Loyalty Program. Members can join online on Https://www.clearly.ca/en-ca. If the member joins online through registration form, product page, cart or thank you page, the member will open an online account (“online Loyalty My Account”) at Https://www.clearly.ca/en-ca (“Website”) by providing enrollment details (first name, last name, email address and password). After he logs into his online Loyalty My Account, he will have access to a summary of his loyalty information including Membership Tier and current Points Balance. He also may be able to redeem some Benefits through his online Loyalty My Account and to modify his preferences in terms of communication with us.
Revoking Membership
Luxottica may revoke any Loyalty Membership in the Loyalty Program at any time if such member engages in abuse of the Loyalty Program or fails to follow the Loyalty Terms or the rules of the Loyalty Program such as the terms and conditions related to Points or Benefits. Fraud or abuse relating to the accrual of Points or redemption of Benefits will result in revocation of Loyalty Membership in the Loyalty Program and will affect a member's eligibility for participation in any other Luxottica program. Revocation results in a forfeiture of all Points and Benefits. The interpretation and application of the Loyalty Program's Loyalty Terms and rules are at the sole discretion and determination of Luxottica. Members are responsible for remaining knowledgeable about the Loyalty Terms.
3. Loyalty Membership Management
Members must keep their personal information on their Loyalty profile up-to-date. You can edit or update your personal information through your online Loyalty My Account, or by contacting Clealry Customer Care at Https://www.clearly.ca/en-ca/c/customer-service/contact-us, If you believe there is an error in your Loyalty profile or it has been the subject of any suspicious activity, immediately contact Clealry Customer Care at Https://www.clearly.ca/en-ca/c/customer-service/contact-us. Luxottica assumes no responsibility for errors caused by incorrect member information.
The information you provide as a member of the Loyalty Program will be handled according to Clealry Privacy Policy. If you have questions about the Sunglass Hut Privacy Policy, you can contact us at dpo-rprp@essilor.ca.
Loyalty Memberships are not transferable.
Luxottica is not responsible for use of a member's Loyalty Membership in the event a member's Loyalty Membership is stolen and the Loyalty Membership is used or the Benefits are redeemed prior to the member informing Luxottica that the member's Loyalty Membership has been stolen.
4. Loyalty Membership Cancellation
You may cancel your Loyalty Membership at any time via your online Loyalty My Account or by contacting Clealry Customer Care at Https://www.clearly.ca/en-ca/c/customer-service/contact-us. Upon cancellation, any Points accrued will be forfeited and no further Benefit can be redeemed. Membership can be restored within 10 days from the loyalty membership cancellation request to keep Points accrued and the access to the Benefits.
POINTS
1. General
Members can earn Loyalty Program Points (“Points”) with the purchase of qualifying products online at Https://www.clearly.ca/en-ca or by fulfilling “Accrual Missions” (see II.4 paragraph for exclusions). For each Canadian dollar spent on qualifying products and services, members will receive a certain number of Points based on the active rules in that specific moment and purchasing channel. When a member makes a qualifying purchase using a gift card (payment method), the member will earn Points on the amount of the purchase. From time to time, Luxottica may run certain bonus points promotions (“Bonus Point Promotions”). Bonus Point Promotions are subject to the terms and conditions of the offer and may be offered at any time in Luxottica’s sole discretion. For non-transactional points accrual, the members will be invited to complete some actions (“Accrual Missions”) online that will grant them Points. The members will be informed about the available and completed Accrual Missions from their online Loyalty My Account. Points accrual rules can be changed at Luxottica’s sole discretion at any time. To earn Points you must be (i) a registered member of the Loyalty Program and provide the Loyalty Card number and the email address associated with a registered Loyalty Membership or (ii) join the Loyalty Program at the same time as the purchase or, for online purchases, immediately after the purchase from the thank you page. Points are only a measurement of your participation in the Loyalty Program. Use of the word “earn” in marketing materials or these Loyalty Terms in relation to Points shall mean to collect Points as a measurement of participation in the Loyalty Program and does not mean that the Points have any value. Points are non-transferable and cannot be redeemed for cash. Points are not your property. Points may not be transferred by operation of law, such as by inheritance or in bankruptcy. The sale, resale, or barter of Points is prohibited and may result in the forfeiture of your Points as well as termination of membership, which in each case shall be final and conclusive. A member's Points balance, as reflected in Luxottica’s records, shall be deemed correct. Luxottica reserves the right to determine the amount of Points in any member's Loyalty Profile based on Luxottica’s internal records related to such member's Loyalty Profile. Members can check their Points Balance at any time via their online Loyalty My Account by contacting Clealry Customer Care at Https://www.clearly.ca/en-ca/c/customer-service/contact-us.
2. Points Expiration
Points are valid for a period of 24 months rolling and expire on the last day of the calendar month in which they were earned (i.e., if points are earned on 8/14/2026, they will expire on 8/31/2028). In addition, Points will automatically expire if your Loyalty Membership is revoked or otherwise cancelled.
3. Timing of the addition of Points to Loyalty Profile
Points will be earned on the date of the relevant purchase or on the date the Accrual Mission is completed, regardless of when the Points are added to your Loyalty Profile. The timing for issuing Points is subject to change.
4. Exclusions
Members will not earn points on purchases of Clealry services and gift cards. Clealry Points will not be earned for shipping charges and all taxes, if applicable. Points will not be earned on any discounts or other credits offered in connection with a product or services. For example, if a product that is normally CAD $100 is on sale for CAD $75, a member will only earn Points on the purchase price of CAD $75. All purchases made: (i) without identifying themselves as a member of the Loyalty Program, or (ii) without providing an email address associated with a registered Loyalty Profile and a Loyalty Card are not eligible to earn Points. All purchases made by a member prior to such member joining the Loyalty Program are not eligible to earn Points. For online purchases, if a member joins the Loyalty Program immediately after the purchase - from the thank you page - the member may earn Points on the purchase; if not, then the purchase is not eligible to earn Points.
5. Returns
Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the member's Point balance in an amount equal to the Points earned for the original transaction, including bonus Points. The reduction in Points may result in a change in Tier Status.
BENEFITS
1. General
The reach of a Membership Tier gives members access to the Benefits offered by that tier. Benefits may vary by tier and some tiers may have more benefits than others. Benefits are only available online at Https://www.clearly.ca/en-ca. Each benefit may be subject to its own terms and conditions. The terms and conditions may govern among others any of the following: how often the benefit may be redeemed, how the benefit can be redeemed, and when a benefit is valid. Non redeemed benefits will no longer be available once Luxottica decides to exclude them from the list of available benefits.
2. Tiers of Membership
The Loyalty Program is free to enroll and offers four tiers of membership based upon the number of Points earned by a member.
Tier 1: Welcome offer, Birthday offer, Anniversary offer, Gift with purchase
Tier 2: All from Tier 1, Tier 2 gift with purchase, Tier level up reward
Tier 3: All from Tier 1 & 2, Free express shipping, gift with purchase
Tier 4: All from Tier 1,2 & 3, Holiday gift, Branded gift, Always on promo
On the date the member reaches the required Points Balance, they will be granted the corresponding Tier status.
On December 31 of every calendar year, a member’s tier will be adjusted based upon the number of Points remaining in the member’s Account. On the following day (January 1), the member will be granted the tier status commensurate with the number of Points in the member’s Account as of December 31.
After reaching a specific tier, the member could have to wait to access some Benefits that will be “frozen” for a period of time (e.g. 15 days) to allow time for product return or exchange. If their Membership Tier level is lowered, they will no longer be able to take advantage of the benefits of the higher tier.
ADDITIONAL TERMS
1.Indemnity
You agree to indemnify and hold Luxottica and its parent and affiliates, and their directors, officers, agents, employees and other partners, harmless from any loss, damage, liability, cost, expense, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Loyalty Program.
2. Limitation of Liability
[NOT APPLICABLE TO QUEBEC RESIDENTS]
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE SERVICES, OR USER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
3. Disclaimer of Warranties
[NOT APPLICABLE TO QUEBEC RESIDENTS]
YOU EXPRESSLY AGREE THAT YOUR USE OF THE LOYALTY PROGRAM IS AT YOUR SOLE RISK. THE LOYALTY PROGRAM IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. LUXOTTICA AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, 'THIRD PARTIES'), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THE LOYALTY PROGRAM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER LUXOTTICA NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE LOYALTY OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE LOYALTY PROGRAM. NEITHER LUXOTTICA NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE LOYALTY PROGRAM OR THE PRODUCTS OR SERVICES OFFERED FOR SALE. LUXOTTICA AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LUXOTTICA OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
4. Applicable Law
This Loyalty Program and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of Canada applicable in your province, without regard to its conflict of laws provisions, and without prejudice to your rights under other applicable law, which cannot be otherwise excluded. All claims arising out of or relating to these Loyalty Terms will be the exclusive jurisdiction of the courts of the district of Montreal, province of Quebec.
5. Our Access to Your Account
In order to improve your experience, to help with fraud identification, and to assist our Customer Care Representatives in resolving issues you may experience with the Loyalty Program, we use tools to monitor certain user experience information. This include: login information, IP address, data regarding pages visited and ads clicked, specific actions taken on pages visited (e.g. information entered during checkout process), and browser information. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of your Loyalty Account.
For information or other questions, see information on how to contact us or call Clealry Customer Care at Https://www.clearly.ca/en-ca/c/customer-service/contact-us.