GetGenuine GetRewards™ Program
Member Terms and Conditions
The GetGenuine GetRewards™ Program in Australia is governed by the terms and conditions as outlined herein ("Terms and Conditions") and these Terms and Conditions replace all other terms and conditions.
Each Customer, each Member and Smart Loyalty Australia Pty Ltd ABN 41 145 369 035 of Suite 1.02, Level 1, 3-97 Kippax Street, Surry Hills, NSW 2010 ("SLAPL") is bound by and agrees to comply with these Terms and Conditions.
SLAPL operates and administers the GetGenuine GetRewards™ Program in Australia pursuant to which individuals nominated by Customers of Participating Merchants can earn Points (once those individuals become Members) as a result of purchases of certain goods by Customers from the Participating Merchants.
Once enrolled in the Program a nominated individual who is an authorised representative of the Customer and who is eligible to accrue Points in the Program, becomes a Member and Points from certain Eligible Transactions (specified below) can be credited to the Member's GetGenuine GetRewards™ Program account.
In these Terms and Conditions, unless the context otherwise requires:
- 2.2.1 confirms that it consents or consented to its nomination to become a Customer (whether nominated by the Sponsor or a Participating Merchant) and to the nominating party providing the Customer’s details to SLAPL for that purpose;
- 2.2.2 consents to SLAPL providing and authorises SLAPL to provide the benefit of the Program to its nominated Members;
- 2.2.3 authorises its nominated Members to receive the benefits of the Program offered by SLAPL and Participating Merchants on these Terms and Conditions; and
- 2.2.4 agrees to participate in the Program in accordance with and to comply with these Terms and Conditions.
- 2.3.1 acknowledges that it wishes to be enrolled into the Program and authorises SLAPL to enrol the Member in the Program;
- 2.3.2 acknowledges that it wishes to utilise and be a participant in the Program and to obtain the benefits of the Program offered by SLAPL and Participating Merchants on these Terms and Conditions;
- 2.3.3 confirms that he/she consents or consented to his/her nomination to become a Member and to the nominating party providing the Member’s details to SLAPL for that purpose (and that such details are the subject of the privacy consents set out in clause 18); and
- 2.3.4 agrees to comply with these Terms and Conditions.
- 3.1.1 at the rate of at least 1 Point per Australian dollar of Eligible Transactions (excluding GST) completed by the nominating Customer (to be allocated in equal proportions between all Members nominated by the Customer);
- 3.1.2 only in respect of Eligible Transactions that have been authorised by the Participating Merchants and notified to SLAPL;
- 3.1.3 only in respect of Eligible Transactions that have been paid for by the Customer in accordance with the credit terms offered by the Participating Merchants to the Customer;
- 3.1.4 only in respect of Eligible Transactions that have not been refunded to or returned by the Customer or otherwise reversed; and
- 3.1.5 only when the Participating Merchant or the Sponsor (as the case may be) has paid SLAPL the applicable fees.
4.1 SLAPL may offer, or may arrange for third parties (such as Participating Merchants) to offer, other promotions or additional benefits and offers as part of the Program from time to time. Such arrangements may change from time to time and may include the awarding of extra or bonus Points for participation in promotions or offers. Any such arrangements may be subject to additional terms, conditions and exclusions (including qualifying spend and offer duration), may be personalised to certain Members and may not be available to all Members. Any such offers, terms, conditions and exclusions will be notified to applicable Members at the time of the offer and applicable Members must comply with those offer terms, conditions and exclusions to participate in those offers, in addition to these Terms and Conditions.
5.1 Points will expire on the date 36 months after the date on which the Points were earned by the Member (that is, 36 months after the date of the applicable Eligible Transaction on which the Points were earned) (the “expiry date”) unless they are redeemed prior to that date. Expiry of Points will not result in closure of a Member's Account but the applicable Points will be cancelled and will not be available for use. SLAPL will use reasonable endeavours to provide the Member with prior notification of the date on which the Member’s Points are due to expire (unless the Member redeems those Points before the applicable expiry date). Points cannot be re-credited once they have expired.
- 9.1.1 only individuals may earn or be credited with Points (that is, companies, firms, associations and other organisations are not eligible to earn Points);
- 9.1.2 only Members may earn Points and only in accordance with these Terms and Conditions;
- 9.1.3 unless otherwise determined by SLAPL, Points may only be earned as a result of the Eligible Transactions made by the Member’s nominating Customer; and
- 9.1.4 the determination of any liability for any government levies or taxes or other expenses or charges arising out of the accrual or allocation of Points under the Program or claiming of Rewards shall solely be the responsibility of the Customer Parties;
- 9.1.5 each Member and/or the Member’s nominating Customer is liable for any and all taxation implications relating to the applicable Customer Parties’ participation in the Program or the Member obtaining Points or Rewards through the Program.
10.1 Each Customer and Member acknowledges and agrees that they have no rights or title to, or interest in, any SLAPL owned Intellectual Property Rights and that the Program Database and all Intellectual Property Rights in respect of the Program Database are owned solely by SLAPL.
- 11.2.1 has not relied on any warranty or representation (whether oral or written) in relation to the subject matter of these Terms and Conditions made by any person, other than as expressly stated herein; and
- 11.2.2 has not relied on any forecast or estimate or expectation (financial or otherwise) provided by any person of any benefit arising from or in connection with its participation in the Program or these Terms and Conditions, other than as expressly stated herein.
- 11.3.1 the provision of benefits to it or its nominated Members as described in these Terms and Conditions is in compliance with all applicable laws; and
- 11.3.2 it is authorised to enter into the agreement set out in these Terms and Conditions and to authorise SLAPL to provide the benefits of the Program to it and its nominated Members as described in these Terms and Conditions.
- 11.4.1 SLAPL may at its discretion add, remove or change any of the Participating Merchants and/or Customers participating in the Program and/or the terms of any offer provided through the Program related to any Participating Merchant or Customer; and
- 11.4.2 SLAPL may at its discretion add, remove or change any Rewards or other benefits made available to Customers or Members through the Program (and Rewards offered may not be available at a later date).
12.1 A Member’s membership of the Program may be terminated by the Member (at any time and without cause) by providing notice in writing to SLAPL that the Member wishes to be removed as a Member of the Program.
13.1 A Customer may terminate its participation in the Program (at any time and without cause) by providing 30 days’ notice in writing to SLAPL that the Customer does not wish its nominated Members to receive Points for Eligible Transactions conducted after the end of that notice period. In this case, the Customer’s nominated Members will remain Members but will not earn Points in relation to Eligible Transactions by the terminating Customer after the end of the notice period and the agreement set out in these Terms and Conditions with respect that Customer will cease at the end of that notice period.
- 14.1.1 fails to remedy a material breach of these Terms and Conditions within 14 days of written notice detailing the breach;
- 14.1.2 supplies any misleading information or makes any misrepresentation to SLAPL;
- 14.1.3 being an individual, dies or becomes unsound of mind or becomes bankrupt; or
- 14.1.4 being a corporation, is subject to any Insolvency Event.
- 16.1.1 any Points in the Member’s Account at the date of termination remain subject to clause 5;
- 16.1.2 any Points accrued but not credited to the Member’s Account at the date of termination will be credited pursuant to these Terms and Conditions; and
- 16.1.3 subject to clause 16.1.1, the Member will be entitled to redeem any Points in the Member’s Account during the period up to the termination date and for 90 days after the termination date, on and subject to the terms of the Program applicable to Points redemption, and the Member and SLAPL will comply with those terms for that 90 day period after termination. At the end of that 90 day period, any unredeemed Points remaining in the Member’s Account will be forfeited and cancelled.
- 17.3.1 where SLAPL gives a Customer or Member a notice under these Terms and Conditions on the Website, on the date the notice is provided on the Website;
- 17.3.2 if hand delivered, on delivery;
- 17.3.3 in the case of a notice posted within Australia to an Australian address by ordinary post, two Business Days after the dispatch of the notice;
- 17.3.4 in the case of a notice posted from or to an address outside Australia, five Business Days after the date of posting;
- 17.3.5 in the case of a notice sent by email, four hours after the email is sent (as recorded on the device from which the email was sent) unless the sender receives an automated message that the email has not been delivered or the recipient is “out of the office”; and
- 17.3.6 in the case of a notice sent by facsimile, on the day the facsimile was transmitted, provided that the transmitting facsimile machine generates a message that all pages comprising the notice were successfully transmitted during the facsimile transmission.
- 18.1.1 in the Enrolment Information or in or regarding the applicable Member’s application for Membership (or to participate in the Program);
- 18.1.2 provided by the Participating Merchants concerning Eligible Transactions;
- 18.1.3 relating to Points redemptions and Rewards obtained through the Program; and
- 19.1.1 Any failure or delay by a Participating Merchant to notify SLAPL of an Eligible Transaction.
- 19.1.2 Any Claim arising from or in connection with any Eligible Product.
- 19.1.3 Any loss, theft or damage to any Rewards after delivery.
- 19.1.4 Any Reward not being available for any reason.
- 19.1.5 Any failure by a third party Reward provider to meet the terms and conditions applicable to any particular Reward.
- 19.1.6 Any loss suffered as a result of any changes to the Program.
- 19.1.7 Any failure or default beyond the reasonable control of SLAPL.
- 19.4.1 supplying the services again; or
- 19.4.2 paying the cost of having the services supplied again; or
- 19.4.3 if applicable, reversing the applicable Points redemption transaction.
These Terms and Conditions shall be governed by the laws of New South Wales, Australia and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.