Terms and Conditions for ECCO’s membership program – ECCO Club

1. Introduction

1.1 Welcome to ECCO Club, the membership program (hereinafter the “Membership”) of ECCO Shoes Pacific Pty Limited ABN 90 087 026 186 (hereinafter “ECCO”) having its registered address at Suite 215, 4 Columbia Court, Baulkham Hills NSW 2153. Australia shall be the territory relevant for the Membership (hereinafter the “Territory”). By signing up to the Membership you agree to be bound by these terms and conditions for ECCO’s membership program in the Territory (hereinafter the “Terms and Conditions”).

2. Eligibility

2.2 Participation in the Membership is limited to individuals acting in their personal capacity with a valid email account. Further to participate, you must be considered an adult by local legislation in the Territory. By signing up, you confirm that you fulfill these eligibility criteria. ECCO reserves the right to request written confirmation of your fulfillment of these eligibility criteria but shall not be obliged to do so.

2.3 Companies, foundations, associations or other entities, or others making bulk or commercial purchases are not eligible for participation.

3. Enrollment and participation requirements

3.1 If you meet the above eligibility criteria, you may sign up by filling in the registration form at https://au.ecco.com/create-account, through the ECCO website or in ECCO’s retail stores. Enrollment is free of charge and not conditional on making a purchase.

3.2 Only one account is allowed per person. Your participation in the Membership is personal and non-transferable. The Membership may not be used for reselling or making a profit. It is your responsibility and a condition for participation that you keep your email address and contact details up to date. Also, you must use your best efforts to keep your password secure and private and you are responsible for all activity conducted through your account.

4. Benefits

4.1 The Membership is our way of thanking and rewarding our loyal customers. Benefits may include, but are not limited to, the following (please note that ECCO CLUB benefits are delivered by email and are only available if you are subscribed to marketing emails; see sections 4.6 and 5.2 below for additional information):

• A welcome discount for signing up for our newsletter, which may be used on your first full-price purchase as an ECCO Club member.

• Vouchers/coupons: upon completing your first purchase as an ECCO Club member, on the anniversary of your enrollment, and in connection with your birthday, you may receive vouchers that can be applied to eligible purchases.

• Everyday Benefits, including free standard shipping on all orders and free returns within 30 (thirty) days on eligible purchases.

• Exclusive Access and Personalised Discounts: As an ECCO Club member, you may from time to time receive early access to new arrivals (e.g., shop seasonal drops before general release) or early access to sales (e.g., advance access to Black Friday promotions), as well as personalised discounts tailored to your past purchases and engagement.

• Exclusive Invitations: As an ECCO Club member, you may receive invitations to exclusive VIP discount events, as well as exclusive access to in-store events and brand experiences.

For a complete overview of the benefits currently available through ECCO Club, please refer to https://au.ecco.com/campaigns/ecco-club.

4.2 Vouchers received through ECCO Club are valid for 30 calendar days from the date of receipt and cannot be combined with other Vouchers, coupons, or promotions. Vouchers may only be applied to purchases of eligible products and may be redeemed online at au.ecco.com (while logged into your account) or in-store at ECCO-owned and operated Australian retail stores and outlets (ECCO wholesale partners are excluded). Vouchers are generally valid for single use only and for a limited time. Promotional discounts will not be reissued or honored after the offer period has expired.

4.3 Transition rewards for existing ECCO accounts: If you held an ECCO account prior to enrolling in ECCO Club, your Membership rewards will depend on whether you were previously subscribed to the ECCO newsletter and whether you are subscribed to marketing emails at the time of enrollment in ECCO Club. Past newsletter subscriptions and associated benefits do not carry over to the ECCO Club program.

4.4 If you return items purchased using a voucher, ECCO will refund (or, where applicable, issue a credit note for) the amount actually paid after application of the voucher. ECCO may, at its discretion and as permitted by law, either (a) deem the voucher used and not reinstate it, or (b) reinstate or reissue the coupon, subject to its original expiration date.

4.5 Abuse and multiple sign-ups safeguards: To protect the integrity of the Membership, each individual is limited to one account. ECCO may also limit one account per email address, mobile number, payment card, shipping address, and/or household. Creating, using, or attempting to use multiple accounts, or repeatedly enrolling in and cancelling Memberships to obtain additional benefits, is prohibited and constitutes abuse. ECCO may require identity verification, aggregate related accounts, deny or revoke benefits, cancel orders, suspend or terminate accounts, and take any other action it deems appropriate if it detects or reasonably suspects abuse, fraud, or misuse of the Membership program.

4.6 Vouchers delivery and marketing subscription: Vouchers and other benefits are delivered by email to the address associated with your ECCO Club account. Certain benefits that are promotional in nature (such as vouchers and invitations to VIP events) - are distributed as part of ECCO marketing emails. Accordingly, to receive these benefits, you must be subscribed to ECCO marketing emails. If you unsubscribe, you will continue to receive essential service communications related to your Membership; however, you will no longer receive marketing communications and, as a result, may not receive vouchers or invitations delivered via email. ECCO is not responsible for any vouchers or emails that are blocked, filtered, misdirected, or not received due to inaccurate or outdated contact information.

4.7 For your offline purchases you must inform store staff about your enrollment and provide them with your account information (name and email address) for the store staff to properly apply benefits.

4.8 Personalised discounts are automatically generated based on the personal data we process about you, such as your gender, age, information about your interests and purchasing preferences, as further described in our privacy policy, reference is made to section 6 of these Terms and Conditions.

4.9 The Membership is provided on an “as is” and “as available” basis. ECCO may in its sole discretion from time-to-time change, discontinue or add Membership related benefits and activities without prior notification to you.

4.10 Benefits cannot be utilised/redeemed in outlet stores or in combination with other discounts or promotions offered and cannot be exchanged for other benefits, cash, gift cards, products or other.

5. Contact and communication

5.1 Membership Communications: By enrolling in the Membership, you have agreed and consented that ECCO may send you emails and/or postal mail to provide you with relevant service messages about the Membership.

5.2 Marketing consent: Separately from service communications, you may provide your consent to receive ECCO marketing via emails, text messages (SMS) and/or postal mail about products, promotions, and special offers. Certain Membership benefits are delivered via marketing emails. You must subscribe to, and remain subscribed to, ECCO marketing emails to receive these marketing-based Benefits.

5.3 Withdrawal of marketing consent: You may withdraw your consent to receive marketing communications at any time, free of charge, by using the unsubscribe link included in our marketing emails or text messages or by contacting ECCO Customer Service. Withdrawal will not affect service communications, which you will continue to receive but may prevent delivery of marketing-based Benefits, as these are distributed through marketing channels. For the avoidance of doubt, withdrawal of marketing consent is separate from termination of Membership. You may withdraw marketing consent while remaining a Member, and you may terminate your Membership independently of your marketing preferences.

5.4 Contact information: For information about the Membership and your membership please contact: email eccoau@ecco.com or call 1300 138 099.

6. Data Protection

6.1 For the purposes of creating your Membership account and your participation in the Membership, ECCO will collect and process personal data about you such as your name and email address and any other personal data disclosed to ECCO by you. Your personal information may be disclosed to third parties, including our related companies and others who assist us with the operation of our business, including IT and systems providers, delivery services and third party advertising partners like Facebook, Google and TikTok. These third parties may be overseas including in the EU, New Zealand, North America and Asia. For more information about how ECCO processes and protects personal data and the locations of overseas recipients, please refer to ECCO’s Privacy Policy (which also includes information on how you may exercise your privacy rights and make a privacy complaint)(linked at the bottom of each page in the Website).

7. Termination, changes to and discontinuation of your Membership

7.1 Your termination: You may terminate your Membership at any time by (a) using the self-service termination function in your ECCO Club account profile; or (b) contacting ECCO Customer Service by email eccoau@ecco.com or by calling 1300 138 099.

7.2 ECCO’s termination: ECCO may terminate your Membership at any time if we determine (on reasonable grounds) that you (a) are ineligible to enroll/participate cf. section 2 above, (b) have violated any of these Terms and Conditions or other ECCO terms and conditions relevant to this Membership (e.g. terms of use of website or terms and conditions for sale) or any applicable law or regulation, or (c) engaged in any fraud, deception or any abuse of the Membership.

7.3 Consequences of termination: No matter the reason for termination, your Membership will be revoked and any accumulated points and/or any benefits in your account will automatically expire and be lost and your access to the Membership will terminate.

7.4 Changes to and discontinuation of the Membership: The Membership and its benefits are offered at ECCO’s sole discretion. ECCO may terminate, cancel, discontinue, suspend, modify or otherwise change the Membership, any part or aspect of or feature of the Membership and/or these Terms and Conditions at any time without prior notice. However, to the extent such changes affect the vouchers already received, ECCO will give you prior notice of such changes. In case you disagree with such changes, you may terminate your Membership.

8. Intellectual Property

8.1 This Membership and all associated text, audio, video, pictures, music, images, graphics, information, data, content, and other materials displayed on or downloadable via the Membership and/or the ECCO website (hereinafter collectively referred to as “Content”) are the property of, or used with permission, by ECCO and are protected by copyright, trademark and other laws and may not be used except as permitted as part of your Membership or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorised use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Membership, the ECCO website, or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

8.2 Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on or via the Membership and/or the ECCO website are registered and unregistered trademarks, trade names and service marks owned by ECCO and/or our affiliates. Other trademarks, trade names, and service marks used or displayed are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by ECCO. Nothing contained in these Terms and Conditions, the Membership or on the ECCO website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos used or displayed without ECCO’s written permission or the written permission of such third-party owner.

9. Disclaimer and Limitation of liability

9.1 To the fullest extent permitted by applicable law, ECCO disclaims all warranties of any kind. You accept and agree that neither ECCO nor any of ECCO’s parent companies, subsidiaries, affiliates or partners will be responsible or liable for any (a) loss or damage incurred as a result of your use of the Membership and/or loss or damage arising from suspension, discontinuation, changes or similar of the Membership, (b) inaccuracies or omissions in the Membership or Membership content; (c) Membership interruptions including access delays or access interruptions to the Membership; and/or (d) your use of or participation in Membership activities such as various events described in section 4.1 above .

9.2 To the fullest extent possible permitted by applicable law, ECCO nor any of ECCO’s parent companies, subsidiaries, affiliates or partners will be liable for any indirect, special, incidental, punitive or consequential damages of any kind related to the Membership and your participation therein and ECCO’s liability shall in any event be limited to AUD $100.

10. Miscellaneous

10.1 ECCO’s failure to enforce or delay in enforcing any of our rights according to these Terms and Conditions shall not constitute a waiver of such right and shall not affect the Terms and Conditions or the interpretation thereof. If any court or relevant authority rules that any of the clauses of these Terms and Conditions are unlawful or unenforceable, the remaining clauses shall remain in full force and effect.

11. Governing law and venue

11.1 The Membership and these Terms and Conditions will be governed by and construed under the laws in force in the State of New South Wales.

11.2 Any dispute, claim or conflict arising from or relating to the Membership and these Terms and Conditions shall be resolved by the applicable courts in the State of New South Wales.

12. Other sales conditions

All other rights when purchasing have been specified in the Sales and Delivery Conditions. In all matters not regulated in these Terms and Conditions and the Sales and Delivery Conditions, the applicable legal regulations in the State of New South Wales shall apply.