LOYALTY PROGRAM TERMS & CONDITIONS
Your enrollment in this loyalty program (“the Program”) of The Botanist and its authorized and participating affiliates (collectively, “The Botanist”) is subject to these terms (these “Terms”), which we may update from time to time. By joining the Program you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, and you acknowledge that information will be processed as set forth in The Botanist’s privacy policy [https://www.shopbotanist.com/privacy-policy/].
How To Sign Up
Subject to the terms and conditions herein, the Program is automatically available to The Botanist-qualified patients, caregivers, and adult-use purchasers 21 years of age and older who are either: (i) new customers or (ii) existing customers who enroll in this Program by opting-in to the Program via [HERE] (“Customer”).
The Botanist employees are not eligible to earn or redeem Points (as defined below) while a The Botanist employee.
By signing up for the Program, Customer will receive text/email communications from The Botanist. Customers may opt out of text/email communication at any time but will still remain part of the Program. By checking the box, providing a mobile phone number and signing up for the Program, Customer consents to receive recurring marketing text and email messages at the phone number provided via an automatic delivery system and/or artificial/pre-recorded voice calls from The Botanist. Consent is not required as a condition of any purchase. Message and data rates may apply.
Upon enrollment and subject to compliance with applicable law, Customer may receive, at the sole and reasonable discretion of The Botanist, as set forth in detail below, exclusive offers, communications, and accrual of Points.
To sign up, prospective Customer must (1) create an Account for the Program, providing all information requested, including a valid name and contact information, including email address, or phone number (“Loyalty Account”), (2) sign or acknowledge the applicable The Botanist loyalty form; and (3) save wallet (“Wallet”) to phone/computer.
Only one (1) Loyalty Account per person/phone number. Any person attempting to obtain or use more than one Loyalty Account, phone number, identity, registration, or log-in, may be disqualified from participating in the Program in The Botanist’s sole discretion. The Botanist is not responsible for any incorrect or inaccurate information supplied by any Customer. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. You may not create more than one Loyalty Account. As part of the Program enrollment, you will be required to provide your name, date of birth, zip code, and phone number.
To cancel your Loyalty Account, please email The Botanist at [email protected].
To obtain a copy of the data Acreage Holdings stores about you, opt out of having your personal information “sold” as defined under the California Consumer Privacy Act., or to request your data be deleted entirely please click HERE
How To Accrue Points
Customers will accrue one (1) loyalty point (each, a “Point”, and, collectively “Points”) for every $1 spent on the total qualifying purchase of both cannabis and non-cannabis products (net of discounts, returns, credits, delivery fees, and taxes) made at any participating, qualifying dispensaries in NY, NJ, CT, OH, MA, ME, and ILL (and such other states as may be designated by The Botanist in its discretion, subject to such states’ applicable legal requirements) when the transaction is rung under Customer’s Loyalty Account, except as set forth in detail herein. Points may only be added to a Loyalty Account at the time of the qualifying transaction.
Points cannot be used and combined with other valid The Botanist offers.
Customers can track Points via Customer’s Wallet that can be accessed via the secured weblink sent to Customer’s mobile phone and/or email upon enrollment.
There is no maximum on the amount of Points a Customer can earn.
From time to time, and in The Botanist’s sole discretion, The Botanist may offer other methods of accruing and redeeming Points. Any methods of accruing and redeeming Points are subject to these Terms and any additional terms listed on the Wallet or otherwise presented in connection with the description of the applicable Point accruing and redeeming method, if any (“Additional Terms”). Not all accrual activities will be available to all Customers. Accrual and/or redemption rates may vary from state to state where the Program is available, in The Botanist’s sole discretion. In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall control. We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Program. We may also impose rules for and limits on membership to the Program or restrict your access to the Program without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Program.
How To Redeem Points
Points are deducted from the Customer’s Loyalty Account balance at the time of redemption.
In the event of a dispute concerning the identity of a Customer, the Customer will be declared the registered Loyalty Account holder of the phone number associated with the Loyalty Account, but only if that person meets all other eligibility criteria.
Subject to applicable laws, Points earning and redemption may be transferred between qualifying dispensaries. However, Points earning and redemption will be state specific and may vary from state to state.
The Points are exclusive to the participating, qualifying retail stores owned and operated by The Botanist and cannot be used in non-qualifying or non- participating retail stores owned and operated by The Botanist.
Your Points will expire and be removed from your Loyalty Account after 90 consecutive days of having no qualifying purchase in your Loyalty Account. Any qualifying purchase posted to your Loyalty Account will extend your Point(s) expiration date for 90 days from the posting date.
Unless otherwise specified, Points can be redeemed in the following increments: 100 points = $5; 500 points = $25; 1000 points = $50.
All redemptions are subject to applicable law. THE BOTANIST IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW.
Points are non-transferable and can be redeemed only by the Customer associated with the Loyalty Account. The Customer name on the Loyalty Account must match the valid picture ID (driver’s license, passport, etc.) that matches the name printed on the Loyalty Account presented at the time of purchase. If the ID does not correspond to the Loyalty Account name, the Points cannot be redeemed.
Points must be redeemed in a single transaction and will be surrendered to The Botanist at the time of purchase. If the entire redemption amount is not used, any unused Points are forfeited. The unused Points cannot be credited to any Loyalty Account, redeemed for cash or merchandise credit.
In Ohio, points can only be redeemed for non-cannabis products.
In Massachusetts, discounts are only allowed for medical patients and are prohibited for adult-use purchasers.
Points will not be refunded with returns if Points were redeemed during such transaction.
Points have no cash value and cannot be credited to a Loyalty Account or redeemed for cash.
Points are not valid on and cannot be redeemed for: (1) Previous purchases; or (2) taxes or processing charges.
Lost or stolen Points will not be replaced. You agree that you are solely responsible for maintaining the confidentiality of your Loyalty Account login information and are fully responsible for all activities that occur under your Loyalty Account. You agree to immediately notify The Botanist of any unauthorized use, or suspected unauthorized use, of your Loyalty Account or any other breach of security. The Botanist cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. The Botanist may suspend or terminate access to your Loyalty Account in its sole and absolute discretion. In the case that your Loyalty Account is terminated, these Terms shall remain, to the extent applicable, in full force and effect.
Points cannot be sold or otherwise bartered.
The Botanist reserves the right to alter and/or discontinue the Program at any time without notice.
If the total sale is greater than the Points being redeemed, Customer must provide payment prior to completing the transaction.
Customer shall have the responsibility of ensuring that his or her Points are properly credited. If a Customer believes that Points were not properly accrued to his or her Loyalty Account, the Customer must notify The Botanist and any claim for Points not credited accurately must be received by The Botanist within six (6) months of the date of claimed accrual of Points. The Botanist shall have no liability for any printing, production, typographical, mechanical or other errors or for any delay or failure to credit Points to Customer’s Loyalty Account.
Disqualifying Activities
The Botanist is entitled to take any action it considers appropriate in its sole discretion, including removing or suspending your Loyalty Account and canceling Points accrued if we detect any disqualifying activity concerning your Loyalty Account including but not limited to:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to The Botanist;
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Points other than in accordance with these terms and conditions; or
(iv) excessive accruing of Points (via fraud or other means).
Other Terms
THE PROGRAM IS SUBJECT TO APPLICABLE LAW AND APPROVAL BY INDIVIDUAL U.S. STATES. THE BOTANIST IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW. THE BOTANIST RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE PROGRAM, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.
The Botanist is not responsible for: (a) misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due communications or other Program-related materials whether caused by Customers, wireless carriers, Internet Service Providers (“ ISP”) or unauthorized human intervention; (b) any damage to a Customer’s or other person’s computer system or digital device which is caused or occasioned by participating in the Program or attempting to redeem Points; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or wireless carriers, websites or other connections, availability or accessibility problems arising in connection with or over the course of the Program; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in these Terms, any Program advertisement, on the Wallet or other materials; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by tampering or hacking, or by any equipment or programming associated with, or utilized in the Program, including, without limitation, redemptions that are submitted by automated computer programs or other illegitimate means; or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information.
If you have any questions or concerns regarding the Program, please contact your local participating dispensary.
The Botanist reserves the right to terminate a Customer’s Program membership, and void any Points accumulated in such Loyalty Account(s), if, in The Botanist’s sole discretion, the Customer appears to have violated any of the Terms or any applicable law, or earns Points via deception, forgery, fraud, or commit any other abuse of the Program. The Botanist reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
The Botanist reserves the right, without prior notice and at any time, to terminate the Program, in whole or in part, or modify or suspend the Program, or any portion thereof, in any way, if it determines, in its sole discretion, that the Program is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Program.
The Botanist reserves the right, in its sole discretion, to cancel, change, modify or discontinue the Program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, the Point accruing/accumulation ratio, the Point redemption policy, and the Point expiration policy, or any other aspect of the Program, in whole or in part, at any time, with or without advance notice, even though changes may affect the value of the Points and rewards already accumulated. The Botanist may make changes to any element of the Program to correct for typographical, printing or other errors and you waive any rights relating to same. Any changes will become effective immediately upon posting the revisions. At all times, Customers are solely responsible for remaining knowledgeable about and in compliance with these Terms. Your use of Points after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions.
Only the type and quantity of Points described in these Terms will be awarded.
These Terms and Additional Terms will survive any termination, discontinuation, or cancellation of the Program or your Loyalty Account.
XIII. HOW TO CONTACT US
If you have any questions about these Terms & Conditions or the Information we have collected about you, please contact us at the following:
Email us: [email protected]
Call us toll free: 1-646-600-9181 or 1-888-821-6706
Write us: The Botanist
Re: Privacy Policy
450 Lexington Avenue #3308
New York, NY 10163
Last Updated: November 29th, 2023