Keep Club Terms and Conditions (Outdated)
The Keep Club is Fairphone’s referral and loyalty program which helps Fairphone reward its community for maintaining their Fairphone products as long as possible and promote Fairphone amongst their Friends and Family. As a Member of the Keep Club, You are able to collect Points which you can then redeem on our webshop for a discount or donate to our long-standing partner Alliance for Responsible Mining (ARM).
To participate in the Keep Club, You agree to the following Keep Club Terms and Conditions.
In these Terms and Conditions, the following definitions will be used.
‘Advocate’ means the person who sends the Referral Link. An Advocate must be above the age of 18, resident within the European Continent.
‘Discount’ means the discount on an order obtained after converting a selected amount of available points in the checkout page of our Webshop.
‘Donation’ means to benefit a cause. Any donations made through the Keep Club go in-full to our long-term partner Alliance for Responsible Mining (ARM). From the total amount of donations, we purchase so-called Fairmined gold credits on a quarterly basis from them. You can find more here.
‘European Continent’ shall mean Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark (excluding Greenland), Estonia, Finland, France Métropolitaine (excluding oversea territories), Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, The Netherlands (excluding Bonaire, Saba and St. Eustatius), Norway, Poland, Portugal (excluding Azores and Madeira), Romania, San Marino, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta and Melilla), Sweden, Switzerland, United Kingdom (excluding the Channel islands).
‘Member’ means anyone who has signed up to the Keep Club. A member must be above the age of 18, resident within the European continent.
‘Points’ means the rewards you get as a result of Your engagement with the Keep Club.
‘Product’ means the Fairphone products including the smartphones and their replaceable parts, dedicated accessories, stand-alone accessories, such as earbuds and headphones (and their replaceable parts), as offered for sale by Fairphone on its official webshop or via one of its official resellers.
‘Referred Friend’ means the person who receives the referral link and associated discount. A Referred Friend is any person above the age of 18, resident within the European continent. To benefit from the abovementioned discount, the Referred Friend must also be a first-time purchaser on Our Webshop who has never used any Fairphone referral codes before.
‘Terms’ means the present Keep Club Terms and Conditions, including updates, alterations and possible appendices, published on the Fairphone website.
‘Tier’ means the category in which Members are placed based on their level of engagement. A tiers typically offers different benefits and rewards, with higher tiers offering more valuable rewards. For the purpose of the Keep Club Program, Members have access to Copper, Silver and Gold Tiers depending on their level of engagement.
‘We’ (“our”, “us”, “Fairphone”) means Fairphone B.V., a Dutch limited liability company located at van Diemenstraat 200, 1013 CP, Amsterdam in the Netherlands, registered with the Trade Registry number 55901964, VAT number 8519.04.270.B.01
‘Webshop’ means our official online shop section where you can acquire information about our Products and purchase them: www.shop.fairphone.com.
‘Website’ means our website: www.fairphone.com.
‘You’ means any Member or user of the Keep Club as applicable.
2.1 The Keep Club is Fairphone’s loyalty and referral program which is free to join and allows members to earn Points for activities such as; making a purchase for specific products, referring a friend and much more. The Keep Club is open to You if You are located in the European Continent.
2.2 If You are using an alternative software, some activities of the Keep Club may not be accessible to you (i.e. get points on your Phone’s Birthday).
2.3 By participating in the Keep Club, You agree that you have read, understood and agreed to these Terms, our Privacy Policy and the Terms and Conditions of Sale. We encourage You to read the related policies and/or FAQs to better understand the Terms which apply to the Keep Club.
3.1 The Keep Club will be accessible to all Fairphone customers. In order to participate in the Keep Club, You need to create an account on our website and opt-in to joining the Keep Club. The following information will be required for your registration: email address, first name, last name and password.
3.2 Only one account should be associated with a single member and a single email address. This account will be the one you use for any activity on our website such as purchases, tracking your past orders etc. If you already had an account with us make sure to log into this one instead of creating a new one.
3.3 Once You have registered, You will receive a confirmation via email. You will then be able to access your personal Keep Club account.
3.4 Later in 2023, You will also be able to access the Keep Club via My Fairphone App. Kindly note that use of the My Fairphone App might entail messages, data and other charges from your mobile service provider. Fairphone shall not be responsible for any data charges or other costs associated with the use of the My Fairphone App.
3.5 You are solely responsible for maintaining the accuracy of your account information and for updating your account information as required to make use of the Keep Club.
4.1 The Keep Club is a way for Fairphone to reward you for keeping your Fairphone in use as long as possible as well as promoting Fairphone’s mission amongst your Friends and Family. By joining the Keep Club you will have access to build up Points which You can redeem for discounts or donate to a charity. Points can be redeemed for any purchase value above ten (10) Euro.
4.2 You can view Your Points under Your Keep Club account and track your progress and tier status. You maintain Your Points for 3 years after which the Points which You have not yet redeemed will automatically expire. Whenever You reach a new Tier, you have 12 months to collect new Points. If you have not collected any new Points during the 12 months following the accession to this new Tier, you will automatically be downgraded to the previous Tier.
4.3 Any Points will be awarded within 6 weeks of the action being completed.
4.4 The Keep Club will have three Tiers; Copper, Silver and Gold. By collecting Points, You will have the ability to move up in Tier and access different benefits as indicated on the landing page. Upon registration, You will automatically be placed in Copper. We reserve the right to add or remove any Points or remove You from any Tier in the Keep Club if We believe Your activity or the Points earned to achieve a Tier status were fraudulent or an abuse of the Keep Club. Removing Points from Your balance can affect Your tier eligibility and may result in the downgrade to a lower tier.
4.5 Personal gifts sent as part of the Keep Club rewards are subject to availability and may not be substituted for cash. Fairphone reserves the right to offer an alternative Gift of similar monetary value, without prior notice. Fairphone reserves the right to offer Fairphone Products or third-party Products as personal gifts at its sole discretion.
4.6 If the gifts involve third-party manufactured items, they shall be subject to the manufacturer’s terms and conditions for warranty, service and maintenance, and Fairphone does not accept any responsibility for such manufactured items. In particular, Gifts are provided by Fairphone on an “AS IS” basis without warranties of any kind, including warranties of merchantability, satisfactory quality, non-infringement of intellectual property, or fitness for any particular purpose.
4.7 If You have been offered a personal gift and do not wish to receive it, You can simply inform us by replying to the email You received where we let you know you had earned a gift.
5.1 You collect Points by completing various activities that fall into one of the following categories:
- Joining the club: Receive 20 points for consenting to join the Keep Club
- Phone’s Birthday: Earn 20 points for every year you keep your phone! To be eligible, please enter your IMEI number in the required form in your account. We calculate your phone’s birthday based on the date you booted up for the first time. You can only collect birthday points for one phone at a time, the most recent one you entered into the form. This activity is limited to Fairphone 3 or Fairphone 3+, Fairphone 4 and Fairphone 5 models running on Android. Neither Fairphone 2, nor Fairphones powered with alternative OSes (such as e/OS/) can be used.
- Purchase of spare parts, protective case or screen protectors: For every euro spent on spare parts or a protective accessory, earn 1 point when in Tier Copper, 1,25 points when in Tier Silver and 1,5 points when in Tier Gold.
- Successful referral: Earn 250 points for each successful referral (as explained in section 6)
- Follow us on Instagram: Earn 10 points for following us on Instagram
- Follow us on TikTok Page: Earn 10 points for visiting our TikTok page
- Retweet: Earn 10 points when retweeting our pre-selected tweet
- Newsletter: Earn 10 points for subscribing to our newsletter
- Watch or read content: Earn 20 points when watching or reading our pre-selected content and answering an easy question at the end
- Recycling: Earn 20 points for each phone you return through our Reuse & Recycling Program, on top of the rest value quoted in the program.
- Register warranty: Earn 10 points for registering the Extended Warranty for your Fairphone 4 and Fairphone 5. This activity is not available for other Fairphone models, for which we don’t offer an extended warranty.
The activities and categories above mentioned may be removed or amended at any time by Fairphone at our sole and absolute discretion.
5.2 Your Points can be redeemed only on our webshop for a discount on Your future orders. The Points can also be donated to a charity. For more information on the charity which Fairphone will sponsor, please click here. Combinations are possible: You can allocate part of Your Points to a purchase and another part to a charity, provided that the conditions laid down in Article 5.3 below are respected.
5.3 You can not use the Points obtained as part of the Keep Club program in combination with any other sales promotions, gift cards, discount codes and vouchers.
5.4 The minimum amount of Points You can redeem via the Keep Club is 100 Points. Points can only be redeemed when reaching the following levels: 100, 250, 500, 750, 1000 and 1,500.
5.5 Any Point redemption is final.
5.6 The Points which You would like to use to order on our webshop, will be converted into a Discount. In no case may any of these Points be exchanged for their monetary value.
5.7 In the event you redeem Your Points for a discount on Your Order and make a return, refunds will be given for the value of the original price paid reduced by the applied discount.
5.8 For the purpose of redemption, 10 Points are worth one (1) Euro, or one (1) Pound if you are based in the United Kingdom.
5.9 Your Tier status will not be affected by Your use of earned Points.
5.10 The Points should only be used for personal and non-commercial purposes and may not be sold or resold.
6.1 Fairphone offers a twenty-five (25) Euros (or Pounds if you are based in the United Kingdom) discount to referred friends upon the first purchase of a Fairphone smartphone.
6.2 The Advocate can share their broadcast link by using the social media buttons made available on the Website or by any other personal means.
6.3 Through the unique broadcast link, the Referred Friend will receive a Discount Code that can be redeemed in the Fairphone Webshop upon the purchase of their first Fairphone smartphone.
6.4 Referral Links should only be used for personal and non-commercial purposes. Referral Links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal contacts. The Fairphone Keep Club is not an affiliate program and the advantages it gives should not be used in a manner similar to such programs (e.g. sharing referral links on blog posts or public websites). 6.5 Fairphone offers 250 Points on any new order to Advocates upon the completion of a successful referral. This means that the Referred Friend has made a successful smartphone purchase in Fairphone’s webshop. The Referred Friend has to be a first-time purchaser on Our Webshop This means that the Referrer will only receive the discount when a successful purchase is placed by a customer who has who has never placed a purchase via our Webshop with the dedicated email address .
6.6 When purchasing the Product with the Referred Friend Discount Code, the general Terms and Conditions of Purchase apply, including the right to a Cool-off period of 14 days from the receipt of the Product. In the event the Referred Friend exercises this right, such Referred Friend will be reimbursed the monetary value of the Product reduced by the discount applied and the Advocate will not receive their Points. If the Referred Friend does not exercise their right to a Cool-off period of 14 days from the receipt of the Product, after a minimum of 14 days the Advocate receives the 250 Points.
6.7 The Advocate can only successfully refer a maximum of 10 people. Each successful referral will generate Points that Advocates can use on any new purchase on the Webshop. Only one discount code per order is allowed.
7.1 Any personal data provided in connection with the Keep Club will be processed in accordance with our Privacy Policy.
7.2 All data collected by Us will be used and processed exclusively within the framework of the current Dutch and European Union data protection laws and in accordance with Our data protection and privacy policies.
8.1 The Keep Club and its benefits are offered at Fairphone’s sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Keep Club or any aspect or feature of the Keep Club at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
8.2 In the event Fairphone applies any changes to the Keep Club Program (tier structure, activities, amount of points) the points that were already generated in Your account will remain. This does not apply in the event Fairphone terminates the Keep Club program.
8.3 Fairphone can terminate the Keep Club or a person’s ability to participate at any time for any reason and without notice.
8.4 Fairphone reserves the right at any time, in our sole discretion to: (1) suspend accounts, (2) cancel Your participation in the Keep Club, (3) suspend or audit your membership account for any amount of time, or refuse a transaction without prior notice as deemed fair and appropriate. Any suspected abuse of the Keep Club, failure to follow any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to Fairphone or Fairphone’s interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Keep Club rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Keep Club. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
8.5. If you decide you no longer want to be a part of the Keep Club, you may cancel your membership at any time by opting-out in your account).
9.1 Fairphone accepts no liability for loss, theft, destruction or improper use of the Keep Club, unless this is the result of negligence on the part of Fairphone. In the event of a loss, theft, destruction or improper use of the Keep Clubcase and unless You prove otherwise, Fairphone will be deemed to have acted at all times with carefulness according to the terms of this Agreement.
9.2 Without prejudice to the conditions of this agreement, Fairphone’s liability towards You is limited to the amount of Points that were present in Your account at the time of the issue. Should the need arise, Fairphone would restore Your Points either to Your original Keep Club account or to Your new account as applicable. In no case may these Points be exchanged for their monetary value.
9.3 Nothing in this agreement serves to exclude or limit liability for a) death or personal injury due to negligence;
b) deliberate deception or fraud; c) any other form of liability that cannot legally be excluded or limited.
10.1 In the event that any provision of these Terms is declared invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. In such a case, the Parties shall endeavor in good faith to modify the invalid or unenforceable article or to agree on a new article that is valid and enforceable.
11.1 Fairphone reserves the right to, at all times, amend these Terms and the associated benefits of the Keep Club by publishing an amended version on the Fairphone website. Continued participation in the Keep Club following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
11.2 You are free to decide whether or not to accept a revised version of these Terms. If You do not agree to any revised version of these Terms, Your sole recourse is to stop Your participation in the Keep Club.
12.1 All contracts concluded with Fairphone shall be governed by Dutch law. Nothing in these terms and conditions, affects Your rights as a consumer to rely on mandatory provisions of local law.
12.2 Should a dispute arise between You and Fairphone in relation to these Terms, We will first endeavor to solve this amicably. If an amicable solution cannot be reached, the dispute will be resolved by the competent court in Amsterdam, the Netherlands.
Contact us here.
These Terms and Conditions form the agreement between Fairphone, Fairphone Advocates and Referred Friends concerning the Fairphone Referral Program. To participate, Fairphone Advocates and Referred Friends must agree to these Referral Terms, which become part of the Fairphone Terms.
1. Definitions
1.1 In these Terms and Conditions, the following definitions will be used.
Discount Code means the code received by the Referred Friend or the Advocate, as applicable.
Product means the Fairphone smartphones including its replaceable parts, spare parts, accessories and possible services as offered for sale by Fairphone.
Advocate means the person who sends the Referral Link. An Advocate must be above the age of 18, resident within the European continent.
Referred Friend means the person who receives the Referral Link. A Referred Friend is any person above the age of 18, resident within the European continent.
Referral Link means a hyperlink provided to the Referred Friend, redirecting to the Fairphone Discount Code.
Referral Terms means these Terms and Conditions, including updates, alterations and possible appendices, published on the Fairphone website.
We (“our”, “us”, “Fairphone”) means Fairphone B.V., a Dutch limited liability company located at van Diemenstraat 200, 1013 CP, Amsterdam in the Netherlands, registered with the Trade Registry number 55901964, VAT number 8519.04.270.B.01
Webshop means our online shop section where you can acquire information about our Products and purchase them: www.shop.fairphone.com.
Website means our website: www.fairphone.com.
You means the Advocate and/or the Referred Friend, as applicable.
1.2 Capitalized terms that are not defined here will have the same meaning given to them in the Fairphone Terms and Conditions as published on our webpage.
2. Scope of Application
2.1 The Fairphone Referral Program allows an Advocate to introduce friends, family or acquaintances (‘Referred Friend’) to Fairphone.
2.2 By participating or attempting to participate in the Referral Program:
You accept and agree that You, as an Advocate or Referred Friend, are bound by these Referral Terms; and
You acknowledge that You have read and understood the information concerning the Fairphone Privacy and Cookie Policy.
2.3 By purchasing or attempting to purchase a Fairphone product:
You accept and agree that You, as a Referred Friend, are bound by the Fairphone Terms and Conditions of Purchase as made available on Our Website; and
You acknowledge that You have read and understood the information concerning the Fairphone Terms and Conditions of Purchase.
3. Referrer
3.1 Fairphone offers a twenty (20) Euro discount on any new order to Advocates upon the completion of a successful referral. This means that the Referred Friend has made a successful purchase in Fairphone’s webshop. The Referred Friend has to be a first-time purchaser on Fairphone.com. This means that the Referrer will only receive the discount when a successful purchase from a customer who has never used the Referrer’s code before is placed.
3.2 There is no limit to the amount of times the Advocate can repeat the referral process. Each successful referral will generate a unique discount code that Advocates can use on any new purchase on the webshop. Only one discount code per order is allowed.
4. Referral Links
4.1 Fairphone offers a twenty-five (25) Euro discount to referred friends upon the purchase of a Fairphone 4.
4.2 The Advocate can share their broadcast link by using the social media buttons made available on the Website or by any other personal means.
4.3 Through the unique broadcast link, the Referred Friend will receive a Discount Code that can be redeemed in the Fairphone Webshop upon the purchase of a Fairphone 4.
4.4 Referral Links should only be used for personal and non-commercial purposes. Referral Links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal contacts.
4.5 The Fairphone 4 will only be delivered to the European territories of the following states: Austria, Belgium, Bulgaria, Croatia,, Czech Republic, Denmark, Estonia, Finland, France Métropolitaine (excluding overseas territories), Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,, Monaco, the Netherlands (excluding Bonaire, St. Eustatius, Saba), Norway, Poland, Portugal (excluding Azores and Madeira), Romania, San Marino, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta and Melilla), Sweden, Switzerland, the United Kingdom (excluding Channel islands).
5. Use of the Discount Code
5.1 The Discount Code can only be redeemed in the Fairphone Webshop.
5.2 Fairphone will only provide the discount in electronic form using a Discount Code.
5.3 The Discount Code cannot be used in conjunction with any other sales promotions or programs and is only valid for purchases containing a Fairphone 4.
5.3 The discount will be offered in Euro (€) only.
5.4 In no case may any of these discount codes be exchanged for the monetary value of the Discount Code.
5.5 When purchasing the Product with the Referred Friend Discount Code, the general Terms and Conditions of Purchase apply, including the right to a Cool-off period of 14 days from the receipt of the Product. In the event the Referred Friend exercises this right, such Referred Friend will be reimbursed the monetary value of the Product reduced by the discount applied and the Advocate will not receive his Discount Code. If the Referred Friend does not exercise their right to a Cool-off period of 14 days from the receipt of the Product, after 14 days the Advocate receives a personal discount code for their next Fairphone webshop order. Fairphone considers the discount a gift tied specifically to new Fairphone 4 users.
6. Terms of Validity
6.1 Discount codes are for one-time use and expire on 25 August 2023.
6.2 In the event that the Referred Friend or Advocate receives multiple referral links, only one Referral Link can be used per transaction.
7. Privacy and Data protection
7.1 Any personal details provided in connection with the Referral Program will be processed in accordance with our Privacy Policy. It is important that You carefully read and understand this information.
7.2 All data collected by Us will be used and processed exclusively within the framework of the current Dutch and European Union data protection laws and in accordance with Our data protection and privacy policies.
8. Right to termination
8.1 Fairphone can terminate the Referral Program or a person’s ability to participate at any time for any reason and without notice.
8.2 Fairphone reserves the right to suspend accounts, cancel the Discount Code or refuse a transaction if we notice any activity We believe fraudulent, improper, or unlawful or if We have reason to assume You are in breach of these Referral Terms.
8.3 Fairphone reserves the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed fair and appropriate.
9. Limitation of liability
9.1 Fairphone accepts no liability for loss, theft, destruction or improper use of the Discount Code, unless this is the result of negligence on the part of Fairphone.
9.2 Without prejudice to the conditions of this agreement, Fairphone’s liability towards You is limited to the amount of the Discount Code.
9.3 Nothing in this agreement serves to exclude or limit liability for:
death or personal injury due to negligence;
deliberate deception or fraud;
any other form of liability that cannot legally be excluded or limited.
10. Severability
10.1 In the event that any provision of these Referral Terms is declared invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. In such a case, the Parties shall endeavor in good faith to modify the invalid or unenforceable article or to agree on a new article that is valid and enforceable.
11. Changes to Terms and Conditions
11.1 Fairphone reserves the right to, at all times, amend these Referral Terms by publishing an amended version on the Fairphone website.
11.2 You are free to decide whether or not to accept a revised version of these Referral Terms. If You do not agree to any revised version of these Referral Terms, Your sole recourse is to stop Your participation in the Referral Program.
11.3 Except as otherwise expressly stated by Us, participation in the Referral Program is subject to, and constitutes Your acceptance of, the version of these Referral Terms in effect at the time of Your participation in the Referral Program.
12. Applicable law and dispute resolution
12.1 All contracts concluded with Fairphone shall be governed by Dutch law. Nothing in these terms and conditions, including this section 18, affects Your rights as a consumer to rely on mandatory provisions of local law
12.2 Any dispute between You and Fairphone in relation to the agreement, including the understanding and the extent of these Terms and Conditions will be resolved by the competent court in Amsterdam, the Netherlands.