- Program: Beaulieu Rewards Program
- Participant(s): Means Retailers
- Program Account: The Program Account opened for a Participant for the purpose of accruing points/dollars
- Promoter: Beaulieu of Australia Pty Ltd.
- Program Website: www.beaulieurewards.com.au
- Trading Account: The Trading Account held with the Promoter
- Agent: The Agent is 212F, acting on behalf of Beaulieu of Australia in regards to this Program
- The singular includes the plural and vice versa
2. ACCEPTANCE OF TERMS AND CONDITIONS
- When a Participant first registers for the Program, they are treated as having agreed to be bound by these terms and conditions.
- A Participant agrees that these terms and conditions apply to any monies they earn on this Program.
- Only selected Retailers may register as Participants of the Program
- Participation in the Program is by invitation only subject to approval of Beaulieu Australia.
- The Program commences on the 1st October 2012 and is ongoing
5. CANCELLATION OF PARTICIPATION AND PROGRAM TERMINATION
- The Promoter may terminate a Participants ability to participate in the Program without notice for any reason including, without limitation if the Participant:
- Fails to comply with these Program terms and conditions
- Abuses any privilege accorded to the Participant under the Program
- Does not earn points for a continuous period of 12 months
- Supplies any misleading information or makes any misrepresentations to the Promoter or its Agents in connection with the Program
- Makes an invalid claim
- Ceases their employment
- A Participant may terminate their participation in the Program at any time by giving written notice to the Promoter.
- The Promoter may discontinue the Program at any time at their discretion without prior notice. The Promoter will not be liable for the suspension or termination of the Program on any Program Account whatsoever including (without limitation) for any monies balance in a Participants account at the time of suspension or termination.
6. EARNING POINTS
- Participants will only earn money on their card if they sell applicable products in the Beaulieu Rewards Program.
- Beaulieu Australia will decide which products are valid to earn money for this Program.
- Reward points can only be loaded onto your Beaulieu Prepaid Visa Card and cannot be refunded or exchanged for cash or merchandise.
- Points accrued in the Program Account are not the property of the participant and are non-transferable to any other person, entity or Program Account.
7. REWARDS & REWARD REDEMPTION
- The rewards available at any time are set out on the Program Website (www.beaulieurewards.com.au).
- A Participant may spend the money on the card if they have sufficient amount of funds at the time of the claim.
- All rewards are subject to the specific conditions on which the provider of the reward makes the reward available. If there is any inconsistency between them and these terms and conditions, the specific conditions prevail.
- Participants must bring any discrepancies with rewards received to the Promoters attention within 7 days of receiving the reward.
- The Promoter and its Agents are not responsible for lost or stolen cards, including during the course of delivery.
- The Promoter and its Agents are not responsible if you cannot claim or redeem a reward for reasons beyond the Promoter or any of its Agents control including the failure of a reward supplier to honour its obligations for any reason.
- The Beaulieu Prepaid Visa Card may be subject to additional terms and conditions.
8. PRIVACY AND INFORMATION COLLECTION
- A complete Privacy and Collection Statement can be viewed on the Program Website (www.beaulieuaustrewards.com.au) the first time Participants log in. This statement sets out policies on management of Participants personal information. In accordance with the Privacy Act, Participants can access personal information about them held by the Promoter and its Agents and advise if they believe it is inaccurate, incomplete or out-of-date by contacting the Promoter.
- Participants authorise the Promoter and its Agents to seek access to, collect and use information about them for the purposes of marketing, planning, development and administration of the Program.
9. TAX LIABILITY
- The Promoter does not accept any liability or responsibility for any Commonwealth Fringe Benefits Tax, State Payroll Tax or any other tax liability of any kind ('tax') which is or may be imposed in relation to rewards won under this promotion by a Participant employed by a Retailer. Any tax liability in connection with prizes won, including, but not limited to, supplementary travel or benefits enjoyed by the Participant but not provided by this Program, will remain the responsibility of the Participant and not the Promoter.
- It is the responsibility of the Participant and/or its respective dealerships, and not the Promoter to declare and pay any tax to the Australian Taxation Office. The Participant indemnifies and agrees to keep the Promoter indemnified from any liability for any tax and any interests, penalties or costs in connection with any tax or any breach by the Participant or respective Retailer with the terms of this clause.
10. LIMITATION OF LIABILITY
- The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained as a result of any reward except for any liability which cannot be excluded by law.
- The Promoter and its Agents:
- Make no express or implied warranty or representation in connection with the rewards (including with respect to type, quality, and standard of fitness for any purpose).
- Are not liable for any loss Participants suffer (including consequential loss) arising in connection with reward (including a failure to provide a reward, its loss, theft or destruction).
- Are not liable for any loss Participants suffer (including consequential loss) in connection with the Promoter or its Agents negligence or their breaching a term, warranty or condition in relation to the Program.
- Where the Promoter and its Agents are liable for a breach of these terms and conditions, then their liability will exclude an indirect or consequential loss a Participant may suffer. The Promoter and its Agents liability is limited to:
- Where the reward constitutes a service, supplying the service again or payment of the cost of having the service supplied again.
- The Promoter and its Agents failure to enforce a term of these terms and conditions does not mean a waiver of them.
12. CHANGES TO THESE TERMS AND CONDITIONS
- The Promoter reserves the right to change the Program Terms and Conditions at any time.
- Changes may include (but not be limited to) changes to:
- The rewards available
- The way Participants earn points
- The way Participants can redeem points
- The duration, start and end dates of the Program
- Any of these changes may be made even if they affect monies Participants have already earned.
13. FINAL DECISION
- In the event of a dispute of any kind regarding the Program or these terms and conditions, the Promoter will be the sole and final arbitrator. Its decision will be final and no correspondence will be entered into.
14. SUSPENSION, CANCELLATION OR VARIATION OF THE PROGRAM
- The Promoter reserves the right to suspend, cancel or vary the Program, in its sole and absolute discretion, at any time by giving notice in writing of such suspension, cancellation or variation to all Retailers and Participants nominated in the Program. Retailers and Participants have no rights of compensation or recourse against the Promoter should it suspend cancel or vary the Program.
- Waiver of any provision of or right under these terms and conditions:
- Must be in writing signed by the party entitled to the benefit of that provision or right; and Is effective only to the extent set out in any written waiver.