The North Face XPLR Pass Terms & Conditions

Last Updated: August 2019

The North Face®, a division of VF International Sagl (“The North Face”) is offering the The North Face® XPLR Pass rewards program (“XPLR Pass” or the “Program”) through its website accessible at www.thenorthface.co.uk, and corresponding local URLs, through mobile application(s) that we may make available to access the Program (“XPLR Pass App”), and through The North Face-owned participating stores in the UK (collectively, the “Services”). The Program and Services are subject to the following Program Terms and Conditions (these “Terms”). By registering to become a member (a “Member” or “you” or “your”) of the Program and by accessing, using or participating in the Program, you (i) represent that you are 18 years of age or older and (ii) agree to the Terms. To join the Program you must be a consumer. Resellers of The North Face merchandise are not eligible to earn Points or to participate in the Program

WHEN ACCESSING OR USING THE PROGRAM AND RELATED SERVICES IN ANY WAY, YOU MUST CONFIRM, BY TICKING THE APPROPRIATE BOX(ES), THAT YOU AGREE TO THESE TERMS, AS WELL AS THE WEBSITE TERMS OF USE, AND THE NORTH FACE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME WITH PRIOR NOTICE (COLLECTIVELY, “TERMS AND POLICIES”). SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS AND POLICIES, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THESE TERMS AND POLICIES, THEN DO NOT ACCESS OR USE THE PROGRAM OR RELATED SERVICES. COMPLETING THE REGISTRATION PROCESS CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND POLICIES. PLEASE READ THE TERMS AND POLICIES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION.

1. Program Overview

When you join XPLR Pass, it allows you to access benefits through The North Face website at www.thenorthface.co.uk and corresponding URLs. The Program offers XPLR Pass Members access to certain benefits, some of which are offered to all participating members while some are limited to specific member segments.

2. Membership

A. Eligibility: You must be at least 18 years of age, an individual, and a legal resident of the UK to become a Member of the Program. One account per individual. If you do not so qualify, you are prohibited from accessing, using and registering for the Program. Employees of all VF Corporation and its brands are eligible to become Members of the Program, but may be excluded from certain promotions. The North Face may refuse to offer or continue offering Program access or services to any person or entity, for example, in case suspicious fraudulent use of the Program and may change its eligibility criteria from time to time. The North Face may refuse to accept any application to register as a Member in case suspicious fraudulent use of the Program.

B. How to Join: You may register to become a XPLR Pass Member by completing the registration process by providing The North Face with current, complete and accurate information, as more specifically required by then current registration procedures.

Membership may be applied for in the following ways:

i. Online at www.thenorthface.co.uk by creating an account, providing certain information, including first and last name, gender and email, indicating that you want to be a XPLR Pass Member, and accepting these XPLR Pass Terms and Conditions, or if you already have an account at www.thenorthface.co.uk, by logging into your account, indicating that you want to be a XPLR Pass Member, providing any outstanding information, and accepting these XPLR Pass Terms and Conditions.

ii. At participating The North Face Stores by providing your first name, last name, email address. After you make this request, you will receive an email requesting that you complete signing up for your XPLR Pass membership. You will be asked to have, or create, an account online at www.thenorthface.co.uk, which will also be your Program account, provide certain information, including first and last name, email and gender and accept these XPLR Pass Terms and Conditions; once you do so, you will be a full XPLR Pass Member.

Once you make the request to join the XPLR Pass by providing your email address at a participating The North Face Store, you will be considered a XPLR Pass Member and for complete access to all available benefits (including any competitions, sweepstakes or other promotions), you must complete your enrollment as described above and become a full XPLR Pass Member.

By way of illustration and not limitation: prospective Members may be required to provide their first and last name, gender, legitimate electronic mail address, and/or certain additional information (such as, for example, preferred contact method, tenure with The North Face interest, and products and services of interest, date of birth); prospective Members will be required to establish an account password;

In order to obtain certain aspects of the Program service, Members may also elect to provide information related to their accounts on social media sites (such as, for example, Twitter, Facebook, and Instagram). You are responsible for maintaining the confidentiality of your access credentials and other account information, and are fully responsible for any and all activities that occur under your account. You agree to ensure that you exit or log out from your account at the end of each session of accessing your account. You agree to notify us immediately by contacting The North Face Customer Service at 0800 328 0012 of any unauthorized use of your Member account.

C. Benefits of the Program: The Program is structured to offer certain benefits, some of which are only available to certain segments of members. In order to be able to access Beneifts of the Program, you must be a full XPLR Pass Member, which requires you to set up an account at www.thenorthface.co.uk and accept these XPLR Pass Terms and Conditions. When setting up the account at www.thenorthface.co.uk, you are responsible for creating a complex password to protect your account and for ensuring that you do not share your password with others.

D. Updating information: You are responsible for providing the correct email address to receive benefits and to ensure receipt of benefits. As a result, each Member is responsible for maintaining accurate and updated personal information, including your email address. You may update your Member information through your The North Face account online at www.thenorthface.co.uk. Members may be required to satisfy certain identity verification requirements set by The North Face to update their information.

3. Member Benefits and Rewards

A. Members may be offered certain benefits that they can choose to accept, including, for example, sweepstakes entries, birthday acknowledgments, access to exclusive designs, free standard delivery, access to early information about new product releases and early access to special events (collectively, “Benefits”). The Benefits that are available for a Member to choose from will be displayed in Member’s XPLR Pass account, which is accessible online at www.thenorthface.co.uk.

B. Benefits shall be subject to additional terms and conditions and limitations, including for example, a limit to the number of a particular Benefit a Member can acquire or a limit to the time for accessing the Benefit or other terms. These additional terms and conditions and limitations shall be established from time to time and will be specific depending on the Benefits concerned. Please see Benefit details for information about other terms and conditions and limitations. Benefits may be limited in quantity, and/or may only be available for a limited time as determined by The North Face in the relevant terms and conditions. Benefits that are no longer available for selection or redemption may be removed from a Member’s XPLR Pass account. The North Face reserves the right to substitute a Benefit item of comparable or greater value at any time in case Benefit item are no longer available. You are responsible for all taxes as well as any other costs or expenses with a Benefit you receive.

C. Benefits have no cash value and are not redeemable for cash and no change/currency will be given for Benefit section. Benefits and cannot be returned to The North Face.

D. Digital Benefits and sweepstakes entries may only be redeemed through the Member’s XPLR Pass account accessible online at www.thenorthface.co.uk. Member shall not share their digital Benefit with others.

E. Members are solely responsible for safeguarding their Benefits and protecting them from theft and unauthorized use. The North Face will not replace lost or stolen Benefits.

4. Email, Mobile, and Privacy

A. By registering for the Program, you will receive service emails regarding the Program. These may include information about Program, Benefits, Program updates, and other related materials. Members can adjust the types of service emails they receive about the Program in their Program account. In order to participate in the Program, Members may be unable to unsubscribe completely from service emails about the Program, as it may still be necessary to send some service email for important matters from time to time. If Members want to make sure they will not receive any service emails about the Program, they can cancel their membership in the Program as described below in the General Terms. On the contrary, Members can unsubscribe from The North Face promotional emails at any time via the unsubscribe link in those emails. We will send you promotional emails about The North Face products and services if you have provided prior consent to receive such emails.

B. By registering for the Program, you acknowledge to have read and understood The North Face Privacy Policy regarding the collection, use and disclosure of your personal information.

5. General Terms of the Program

A. Membership in the Program and its benefits are offered at the sole discretion of The North Face, which reserves the right to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, with notice of one month. In the event of cancellation, this would in no way be of prejudice to those rights Benefits earned up to the date of cancellation.

B. If The North Face changes or modifies these Terms, it will provide notice of any changes through these Terms. Electing to remain a Member after a change in the Terms constitutes your acceptance of the revised Terms. The revisions to the Program that The North Face may make include, but are not limited to, any of the following changes: (i) cease providing a Benefit; (ii) change the method of becoming a Member; (iii) institute or add blackout dates for using Benefits.

C. These Terms are void where and to the extent prohibited by law.

D. Membership is limited to one membership per person and per email address. In the event of a dispute over ownership of a Member account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of registration as determined by The North Face. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

E. Abuse of the Program, including failure to abide by these Terms, and failure to abide by The North Face website Terms of Use, which are incorporated herein by this reference, the sale or barter (or the attempted sale or barter) of Benefits, or promotional offers, excessive returns of Qualifying Purchases, fraud or tampering with any Benefit, including any survey or poll or sweepstakes entry, and any misrepresentation of fact relating thereto or other improper conduct as determined by The North Face in its sole judgment may result in cancellation of a Member's membership and future disqualification from Program participation, and cancellation of previously issued but unused Benefits. At our discretion we may prosecute abuse of the Program to the fullest extent of the law.

F. You may cancel your XPLR Pass membership at any time by calling Customer Service at 0800 328 0012. Canceling your XPLR Pass membership does not delete your www.thenorthface.co.uk account. Please contact Customer Service 0800 328 0012 at with any concerns about your membership; The North Face store associates are not able to resolve issues with membership.

G. Digital Rewards are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member's estate, and may not pass to a Member's successors and assigns.

H. YOU AGREE THAT PARTICIPATION IN THE PROGRAM, MEMBERSHIP IN THE PROGRAM, AND USE OF ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM, INCLUDING ALL BENEFITS IN CONNECTION WITH THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK.

The North Face is not responsible for events outside its control. If the provision of the Program is affected by an event outside its control then The North Face will notify Members as soon as possible to let you know and will take reasonable steps to minimize the effect of the event on the Program.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE NORTH FACE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, THE NORTH FACE WEBSITES, AND XPLR Pass APP. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN THE UNITED KINGDOM, THE FOREGOING DISCLAIMERS WILL NOT APPLY TO YOU.

THE NORTH FACE is responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&C, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these T&C or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the T&C were agreed, both we and you knew it might happen.

THE NORTH FACE SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM YOUR MISUSE OF THE THE NORTH FACE WEBSITES, THE XPLR Pass APP FROM YOUR INABILITY TO USE THE THE NORTH FACE WEBSITES, THE XPLR Pass APP OR FROM INTERRUPTION, SUSPENSION, AND ALTERATION OF THE THE NORTH FACE WEBSITES, THE XPLR Pass APP DUE TO REASONS BEYOND THE CONTROL OF VF, EXCEPT WHERE SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE NORTH FACE, ITS AGENTS OR DISTRIBUTORS OR THAT OF THEIR EMPLOYEES. YOUR STATUTORY RIGHTS ARE NOT AFFECTED, AND THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO HOLD THE NORTH FACE, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS.

I. To the fullest extent permitted by law, the Program and these Terms and any claim or dispute arising out of or relating to the same, or your use of The North Face Websites or the XPLR Pass App will be governed by and construed under the substantive laws of England, without reference to conflict-of-laws considerations.

If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting a judicial proceeding. We value our relationships with our customers and will try to resolve your claims informally and quickly.

6. Contact Us

If you have any questions about these Terms and Conditions, please contact Customer Service at 0800 328 0012.