Terms and Conditions

Effective as at 1 February 2009

 

In these Terms and Conditions the expressions "The Rewards Team",("TRT"), "we", "us" and "our" are a reference to Rewards Central Limited (ACN 124 372 792) with registered office 179 Mont Albert Road, Canterbury VIC 3126 Australia, and the expressions "you" and "your" are a reference to you as a user of this Website.

These Terms and Conditions apply to the use of this Website and/or dealings with TRT. These Terms and Conditions and our Privacy Policy govern your access to and use of this Website including via linking, browsing, or otherwise.

You will be bound by these Terms and Conditions regardless of whether you are a Member of The Rewards Team Program to the extent that they apply to your use of this Website.

If you do not accept the Terms and Conditions you should refrain from using this Website. In electing to use this Website for any purpose, you agree to be bound by these Terms and Conditions. We may revise and update these Terms and Conditions at any time. Your continued usage of this Website after any changes to these Terms and Conditions will mean you accept such changes.

You acknowledge that we are not a registered financial services provider and that we do not give financial advice. You further acknowledge we are a referral service only.

DISCLAIMER OF WARRANTIES OR REPRESENTATIONS /
LIMITATION OF LIABILITIES

To the fullest extent permitted by law we make no representations or warranties about the accuracy, completeness, security, or timeliness of the content, information or services provided by this Website and we disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

For the avoidance of doubt, we have not made any warranties regarding any Products in our online store. Products may or may not come with a Manufacturer's Warranty, however we personally offer no such warranties, including warranties of merchantability or fitness for a particular purpose are excluded. To the extent lawful we have no liability to any Member or user of this Website. Where liability cannot be excluded it is limited, at our option, to resupplying the Products or paying you the cost of such resupply.

Under no circumstances will we be liable for any loss damage to a person or property, direct, consequential or incidental, arising from use or inability use this Website and/or any Products in our Online Store including any economic loss to the extent that such may be disclaimed by law.

Without limiting any of the generality of the foregoing and while we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Our maximum aggregate liability for any Products or services provided to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Products or services in question.

To the fullest extent permitted by law and to the extent that we are otherwise found responsible for any damages, we are responsible for actual damages only. In no event shall we be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use this Website.

YOUR INDEMNITY

You will at all times indemnify and keep indemnified us and our officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of:

• any breach of these Terms and Conditions by you;

• your use of this Website;

• the supply of any Products or services by us;

• your purchase of any Products; and

• any Products and services offered by us to you on this Website.

MEMBERSHIP

Anyone over the age of eighteen (18) is invited to become a Member of The Rewards Team Program. If you are under the age eighteen (18) years you cannot become a Member of The Rewards Team Program. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.

Membership is conditional upon acceptance and observance of these Terms and Conditions. You acknowledge that these Terms and Conditions are subject to modification without notice to the Member. Logging into his or her account the Member acknowledges acceptance of the modified Terms and Conditions.

Membership may be cancelled at any time without notice by TRT unless there is strict compliance with these Terms and Conditions by the Member. In the event that a Member wishes to terminate his or her Account, the Member must provide fourteen days notice in writing to TRT

You warrant that all information and data provided by you in your application for membership is accurate, complete and up to date and that you are able to enter into legally binding contracts under any laws applicable to you. You will promptly update your Membership details if there is any change to your information or data.

You agree to take responsibility for the safekeeping of your username and password. You are liable if your username and password are used by an unauthorised person. You agree to release and indemnify us for all and any liability arising out of the unauthorised use of your user name and password.

DECEASED MEMBERS

In the event that a Member becomes deceased with an excess of 2000 Reward Points in his or her account, the Executor, Administrator, or sole beneficiary of deceased Member's estate may apply for a transfer of Reward Points to the estate or sole beneficiary (as the case may be) or otherwise may direct TRT to spend the points in the methods available under these terms and conditions save for mortgage minimisation. Any dealings with the Rewards Points of deceased Members will attract a five percent administrative fee which will be deducted prior to any such dealings.

The Executor, Administrator, or sole beneficiary must provide TRT a certified copy of all applicable documents including the Will, Certificate Probate, or Deeds of Administration (as the case may be) and any other documents we may require in order to process the request. TRT cannot warrant the time it takes to process requests relating to deceased Members however it will aim to process such requests within twenty-eight days of receipt. TRT will not be liable for any misallocation or distribution of Reward Points as a result of processing a request to deal with the Reward Points of deceased Members. TRT makes no warranties that it will make such distribution in accordance with any applicable succession laws and will make any distribution or allocation based on what it consider fair and reasonable on the the face of the facts provided. The person making the request to deal with the Rewards Points of a deceased Member agrees to indemnify TRT for any loss it may incur as a result of a misallocation or distribution of Reward Points.

ACCRUING REWARD POINTS

As a Member you are entitled to receive Reward Points for utilising the services or purchasing goods from our Program Partners and they may be gained on multiple Reward Team Programs. We may adjust the number of Rewards Points in your account retrospectively if we believe there has been an error in the accrual or redemption of Reward Points.

Reward Points are the points allocated to reward Members who participate in one or more reward program. You acknowledge that you do not accrue Reward Points for the components of your purchases of goods or services from our Program Partners that relate to taxes, duties, fees, or other government charges.

For every one point earned equates to one Australian dollar in your account (1 Reward point is equal to AUD$1). For the avoidance of doubt however, each dollar spent with our Partners does not equate to one point and points are calculated in various methods which are subject to change at any time. We reserve the right to change the dollar value of Reward Points. We also reserve the right to change the calculation method used to calculate the number of Reward Points earned by a Member.

We may in our sole discretion credit you with Reward Points from time to time by way of a high-volume usage or loyalty bonus. Reward Points do not expire unless your account remains inactive for a period not less than three years. There is no limit as to the number of Reward Points a Member may accrue prior to being required to redeem the Rewards Points.

Bonus points are promotional points. They are only able to be converted to Reward Points if a Member signs on to that particular promotional program. For example, Mortgage Bonus Points can be converted to Reward Points if a Member secures a mortgage through a Participating Independent Broker.

TRANSFERRING REWARD POINTS

TRT is happy to transfer Reward Points between Members provided the request is made in writing by the transferor of the Rewards Points that are the subject of the request to transfer. We reserve the right to make contact with the relevant parties to confirm details of the request and we further reserve the right to deny any request to transfer Rewards Points if we feel the request is not legitimate or fraudulent in our sole unfettered opinion. Any transfer of Reward Points will be subject to a five (5) percent administrative fee, which shall be deducted from the amount of Reward Points to be transferred. As all members are responsible for the safe keeping of their username or password, we bear no responsibility or liability for fraudulent use of your account including any fraudulent requests to transfer Reward Points. If a request to transfer of Rewards Points is processed and is later found to be illegitimate, TRT will not be liable whatsoever for failing to recognise the fraudulence of the request. We make no promise to fully explore the legitimacy of each request and we will take all requests to transfer on face value provided the transferor can confirm details of his or her account. For this reason, TRT strongly recommends that all members take the utmost care in the safekeeping of their username and password.

MORTGAGE REWARD POINTS

Mortgage Reward Points are only payable on loans that attract a trailing income commission and Mortgage Reward Points are based on the balance of loan amount and will vary with an increase or decrease of loan balance. Mortgage Reward Points will vary depending on the Lender selected and the Brokers aggregation model.

Mortgage Rewards will cease and will not be paid if:

• The Member is in loan default or has not made a mortgage payment;

• The Members finance provider discontinues the payment of trailing income paid on the balance of the Member's loan;

• The aggregation service contracted by the Member's selected broker does not receive trailing income from the associated lender;

• The aggregation service contracted by the Member's selected broker fails to pass on the due income to either the broker or TRT;

• The aggregation service contracted by the Member's selected broker ceases trading or is sold or changes their payment ratios;

• The Member's selected broker, (when responsible for the calculation and payment to TRT of trailing income) fails to pass on correct dollar amount;

• The Member's selected broker is fraudulent in any manner;

• The Member's selected broker ceases to trade;

• The Member refinances with a Mortgage Broker who is not registered with our Mortgage Reward Program;

• The Member's selected broker sells or transfers their loan book and or the right to payment of trailing income earned on a Member's loan; or

• TRT does not receive trailing income on a Member's loan for any other reason.

We will pay Members Reward Points only after we can confirm receipt of individual associated trailing income.

BROKER RELATIONSHIPS

Mortgage Brokers who are registered with our Mortgage Reward Program are independent from us.

All Referrals made to participating Mortgage Brokers are made with consent from the Member.

You acknowledge that we are not a participant in the relationship between you and the referred broker and have no influence or control over the outcome of any transactions entered into.

TRAVEL REWARD POINTS

The allocation of Reward Points in relation to booking travel through our Travel Program Partner (Roamfree) is made in accordance with these terms and conditions and any Additional Terms published by us from time to time. Rewards Points may only be earned by one Member for travel booking and only the Member whose name is on the reservation record may earn Reward Points.

You acknowledge that we reserve the right to change the calculation method used to calculate the number of Reward Points earned by a Member for booking travel through Roamfree.

You further acknowledge that we are not a participant in the relationship between you and our travel partner and bear no responsibility for any act of omission of Roamfree. You will not be entitled to receive any Reward Points for cancelled bookings regardless of any deposit you may have made to our Travel Partner. You will not be entitled to receive any Reward Points in the event that our relationship with Roamfree ceases or we fail to receive any trailing income as a result of your booking through our travel partner for any other reason.

All travel bookings are governed by the terms and conditions of Roamfree www.roamfree.com.au. You acknowledge that you have read and understood the applicable terms and conditions as listed on their website from time to time.

OTHER PROGRAM PARTNERS

TRT has other arrangements with Program Partners whereby Members can accrue Reward Points. The allocation of Reward Points in relation to your dealings with our other Program Partners is made in accordance with these terms and conditions and any Additional Terms published by us from time to time.

Such arrangements include but are not limited to utilising insurances services with our Insurance Program Partner (Countrywide Tolstrup) and utilising telecommunication services of our Telco Program Partner (Telconet Solutions).

You further acknowledge that we are not a participant in the relationship between you and our program partners and bear no responsibility for any act of omission of such Program Partner.

You will not be entitled to receive any Reward Points in the event that our relationship with our Program Partner ceases or we fail to receive any trailing income as a result of your use of the goods or services or our Program Partners for any other reason.

You acknowledge that we reserve the right to change the calculation method used to calculate the number of Reward Points earned by a Member for utilising the services or purchasing goods from our Program Partners.

All dealings with our Program Partners are governed by the terms and conditions of such Program Partners. For further information relating to the terms and conditions of our Insurance Partner, please visit www.cwtfsg.com.au. For further information relating to the terms and conditions of our Teleco Partner, please contact Telconet Solutions directly. You acknowledge that you have read and understood the applicable terms and conditions as prescribed by our Program Partners from time to time.

TAXATION OF REWARD POINTS

The provision and redemption of Points and the supply of Rewards may be subject to taxes (including GST), duties, levies, charges or other liabilities. You accept sole responsibility for informing yourself of these, and for such taxes, duties, levies, charges and other liabilities. TRT gives no warranty as to, and accepts no responsibility for, the ultimate taxation treatment of provision or redemption of Reward Points.

You acknowledge that TRT accepts no responsibility for and makes no representation regarding your tax liability as a Member of The Rewards Team Program. We urge you to consult your tax adviser to advise you of potential taxation consequences of transacting with Reward Points.

REWARD OPTIONS

You may ‘spend' your Reward Points in a number of different ways all of which are discussed below. All choices are to be made electronically via our Website or if you prefer, please feel free to contact our friendly staff on 1300 303 160. Please note that you may be subjected to an administrative fee of five (5) percent for requests that are made via telephone to our customer service centre.

Reward Points won at any of our promotional events, such as Home Show promotions are not redeemable for cash, donations, leasing, or mortgage minimisation. These points can only be used for purchasing Products in our Online Shop. See below for further information on how you can use your accrued Reward Points.

MORTGAGE MINIMISATION

You may elect to minimise your mortgage by crediting your mortgage account with the value of Reward Points in your account. However, we can only transfer funds to Member's loan accounts where their individual loan structure allows for the requested transaction. This will depend on our relationship with your broker. Feel free to contact us to ascertain whether this option is available to you. There is also a 5% administrative fee to complete mortgage minimisation transactions and this will be deducted from the amount you requested to be credited to your mortgage account.

DONATIONS

You may elect to donate the value of your Reward Points to any Registered Charity at your sole choice. We do not issue tax receipts for any such donations.

REDBALLOON DAYS

You may also use your Reward Points to participate in RedBalloon Days. Any participation in RedBalloon Days is in accordance with the terms and conditions of RedBalloon Days. The extent of our involvement will be the crediting of the value of your Reward Points to the RedBalloon Days as directed by you.

We are not responsible for any injuries or loss of income incurred by Members participating in any activities not run by us.

ONLINE SHOP

You may elect to spend your Reward Points in our Online Shop. You may place an order for Products at any time regardless of whether you have any Reward Points in your account.

If the payment due on a Product (or Products) is less than the total of the Reward Points in your account, you retain the future use of any unused Reward Points to apply towards any future Product payments.

In the event that you have insufficient or nil Reward Points, you may pay the balance or full amount of the purchase price of the Product by Visa or MasterCard.

Products available for order are not GST applicable if being redeemed using your accumulated Reward Points. If you elect to pay via credit card for a component of the selected product, you will be required to pay the GST on such component. For example, if a Product is listed as $100.00 and you have 60 points and you wish to pay the balance in cash you will be required to pay an additional $44.00 inclusive of $4.00 in GST. If any of your order attracts GST as a result of you electing to pay a cash component, you will be issued a tax invoice stating the GST inapplicable amount and the GST applicable amount and the GST as required by law.

TRT gives no warranty as to, and accepts no responsibility for, the ultimate taxation treatment of provision or redemption of Reward Points.

PRODUCTS

We always aim to list Products with very competitive prices. However, as we are not a retail store we are not in a position to match the sale price of our competitors. All prices include delivery charges within Australia.

You acknowledge that all Products listed as being on special are only available to Members that are also members to one or more of our Reward Programs.

Without limiting the generality of any clause in these Terms and Conditions, we reserve the right to change prices for Products displayed on our Website at any time. Further, delivery and any other charges that might be payable by you and displayed on this Website are also subject to variation without notice to you.

We do not warrant that product descriptions are accurate or reliable. The product images displayed on our Website are for illustrative purposes only and we do not warrant the accuracy of colours, size, and any other aesthetic feature that are described or shown on this Website. You further acknowledge that the colours you see will depend on the monitor you are using and its current monitor settings.

MANUFACTURER WARRANTY

Some Products sold in our Online Store come with express warranties provided by the manufacturers. In certain circumstances you may be entitled to a refund (See Refunds). If the manufacturer's express warranty is a replacement warranty, then your Product will be replaced provided that you meet the terms of the manufacturer's warranty.. Proof of purchase MUST be presented to receive a replacement. If the manufacture's express warranty is a repair warranty, then your product must be repaired by the authorised warranty service dealer (please refer to the manufacturer's warranty).

If the product is sold with a manufacturer's warranty then it will be described on the Product listing on this Website. If you need to make a claim in accordance with the terms of the Manufacturer's Warranty you are advised to contact the manufacturer for replacement or repair under the warranty terms. .

If the Product is not listed as being sold with a manufacturer's warranty we will not be held liable to replace or repair faulty or damaged Products and you purchase such Products at your own risk.

PLACING AN ORDER

By placing an order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We will not commence the processing of orders placed on a weekend or a public holiday until the first following Business Day.

If we cannot process or accept your order after Payment is received we will contact you by email or telephone. We will advise you within three (3) business days of you placing an order which includes Products that are not in stock and such notice will provide an estimate of delivery. If the estimated delivery of the out of stock item is not suitable, you are able to change your order at this time to another product or request a reimbursement of your Reward Points or refund as the case may be.

MONETARY PAYMENTS AND ONLINE SECURITY

If you elect to pay cash for the Product instead of or in conjunction with expending your Reward Points you may only do so by VISA or MASTERCARD credit cards. The authenticity of this site has been established by www.thawte.com and you are welcome to view our digital certificate information. This digital certificate ensures that all information that you provide us with is encrypted and transmitted via 128 bit SSL (Secure Socket Layer).

SSL is the industry standard for the transmission of credit card details. Your information is encrypted before being sent over the Internet. It is almost impossible for an unauthorised party to seize the encrypted data.

You will know that your details are being safeguarded by looking for the padlock or unbroken key that will appear at the bottom of your browser whenever you are providing us with personal information.

You can also identify a secure site by looking at the address. For example, when you go to therewardsteam.com.au order page you will notice that the address starts with ‘https://', while non-secure pages begin with ‘http://'.

Information at therewardsteam.com.au is protected by sophisticated firewalls and other security systems. We also have strict organisational procedures in place to ensure that the integrity of your data is maintained at all times.

Your bank can also provide you with additional information regarding the security of your credit.

OFFLINE PAYMENT

If you are still uncomfortable using your credit card online at therewardsteam.com.au, you may contact our friendly customer service team on 1300 303 160 and we will take your order over the phone. Please note you will incur a five (5) percent administrative fee for offline payments.

DELIVERY

Delivery time for your product may take up to 10 Business Day from the date your payment is received. Where you have purchased a Product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to 3 weeks. Products can only be sent to an address within Australia and we reserve the right to refuse orders placed outside Australia.

Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. For the avoidance of doubt, we do not warrant the estimate delivery times and we will not be held liable for any loss or damage you may incur as a result of a delay in the delivery of your order. If your order has not arrived after the estimated delivery time, please feel free to contact us on 1300 303 160.

Unless otherwise agreed by us, we will deliver your order to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier will leave a card so you can pick-up your order from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

Title and risk of loss to all Products will pass to you on delivery. Should you decide to have your product left without a signature acceptance we will not accept any liability for loss, theft or damage to your delivery.

REFUND

No refunds, credit or replacements are offered if you have changed your mind about the Product, make an incorrect choice, or failed to verify and accurately provide information when placing an order.

Our standard policy is not to provide refunds or reimbursement of Reward Points. However, there may be exceptional circumstances and even in such exceptional circumstances a refund or reimbursement of Reward Points will only be offered where a replacement Product cannot be provided.

Exceptional Circumstances may include (all of which are discussed in detail below):

• Dead on Arrival

• Defective

All replacement Products are provided with the same Warranty as the returned Product and the original date of purchase will apply to the returned product.

If we agree to refund you the cash component of your purchase and/or reimburse you any Reward Points expended in the purchase the credit card you used in the transaction will be credited with the amount of the cash component and/or you will receive a credit of Reward Points to your account for the expended Reward Points (as the case may be).

DEAD ON ARRIVAL

A Product that shows symptoms of a failure, or is discovered to be damaged, or broken, after unwrapping the packaging upon its arrival to you may be considered Dead on Arrival (DOA).

If you claim that a Product is DOA you must return such product to us (or specified location at our direction) for assessment within 7 Business Days of your receipt of the Product. We may replace the Product, if upon assessment it is declared as DOA. If we cannot replace the DOA Product, a full or partial refund reimbursement of Reward Points will be offered to you. If a refund, reimbursement of Reward Points or replacement Product is provided due a Product being DOA, the returned DOA Product becomes our property.

All the return shipping expenses and arrangements for a DOA Product will be borne by us.

If the Product is reasonably determined not to be DOA, we will be at liberty to refuse to replace the Product, or entertain any refund reimbursement of Reward Points request. If after examining the returned product and it is found not to be faulty, you will be liable for the payment of a $30 fee for handling and administration fee plus any additional postage costs incurred by us.

Products sold through our Website are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing. For items advertised and sold with manufacturer's warranty, we would ask you to contact the manufacturer or supplier for replacement or repair under the warranty terms.

PROBLEMS AFTER DELIVERY

If a defect in the Product is detected after delivery you must notify us within 30 days of receipt of the Product. We will replace the Product and only if replacement is not possible will we provide you with a refund or reimbursement of points as the case may be. If the claim is made after 30-day period, our Customer Service Department will consider each claim on a case-to-case basis, and take a decision on merits.

Where it is agreed to replace the Product or refund or reimburse your Reward Points, the defective Product must be returned first before processing of replacement or refund/reimbursement of points. If the claim is made within the 30-day period, we agree to incur all the expenditure for the return of the Product. We may guide you in the process of returning the Product. If your claim falls outside the 30-day period you will incur the costs associated with the return of the Product.

RETURN AUTHORISATION

We will only accept the return of a Product (defective or DOA) if a Return Authorisation Number (RA Number) has been issued. Returned Products without a RA Number will simply be rejected.

RA numbers will only be issued if a customer service representative feels that fair and reasonable dialogue has occurred and that photos (if required) have been sent to verify the alleged defect. If a customer service representative provisionally determines that the Product is DOA or faulty, you will be issued a RA Number.

Our Customer Service Department will email you a RA Number which must be affixed to the Product. After doing this much, you can then leave the Product at any Australia Post Office.

All product returns must be packed in the original, unmarked, original packaging and protective packaging, including any and all original accessories, manuals, documentation and registration that shipped along with the product. Non-adherence to these return conditions may in some cases result in a warranty being deemed void.

If upon the return of the defective product, it is reasonably evident that the Product has been damaged due to external causes you will not be entitled to a replacement, refund, or reimbursement of Reward Points under any circumstance. External causes may include but are not limited to accidents, misuse, incorrect installation, incorrect storage, incorrect usage, deliberate or accidental destruction, failure to perform required preventative maintenance, war, act of violence or any similar occurrence, fire, liquids, normal wear and tear, act of God, third party servicing or repair, and tampering.

If after examining the returned product and it is found to be damaged by such external causes, you will be liable for the payment of a $50 fee for handling and administration fee plus any additional any return postage costs incurred by us.

ADDITIONAL TERMS OF USE

In addition to these Terms and Conditions, there may also be specific terms ("additional terms") which govern your use of, and access to, particular sections of this Website. Since you are also bound by these additional terms, you should review them wherever they are offered to you. Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.

OWNERSHIP & LIMITED LICENCE

Any and all Intellectual Property Rights (hereinafter called "intellectual property") associated with this Website and its material and contents (hereinafter called the "content") are our sole property. The copyright for the content on this Website is owned or licensed by us and is protected by copyright and other laws in both Australia and overseas.

Except where necessary for viewing the material on this Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our prior and specific written consent.

"The Rewards Team", and all custom graphics, icons, and other items that appear on this Website and all associated trademarks, are trademarks of TRT.

You are granted a limited, personal, non-transferable, non-licensable, revocable licence as may be necessary to enable you to browse this Website or utilise the services and such licence shall be limited to the access and use of this Website, content and services in the manner presented by us only.

None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without our prior written consent. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by us.

NO WEBSITE WARRANTIES

We place a very strong focus on the accuracy of our product information and images for all our Products and while we have made every effort to ensure that information on this Website is free from error, we do not warrant the accuracy, adequacy or completeness of material on this Website. Rare instances may occur where typographical errors or inaccuracies are identified. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information or pictures at any time without prior notice (including after you have placed your order). Possible changes may include (but are not limited to) product description, pictures, pricing and availability. For the avoidance of doubt, all information on this Website may be changed, supplemented, deleted or updated without notice at our sole discretion.

We have also made every effort to ensure that systems and information available on this Website is and shall be free from error; however we do not warrant that this Website will be free from viruses, or that access to this Website will be uninterrupted.

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses or other forms of interference, which may damage your computer.

OUR PRIVACY POLICY

Our Privacy Policy governs the use of information collected from or provided by you on this Website. We have prepared our Privacy Policy for the purposes of declaring our commitment to the Privacy Act 1988 (Cth) (hereinafter the "Privacy Act") and can be found on this website.

With respect to any personal information (related to you or to any other person) provided by you, you represent that you consent to and have obtained all necessary consents for the processing of such personal information to be handled by us in a manner as required by the Privacy Act, regardless of the privacy requirements and provisions of its state and country of origin or your associate's state and country of residence.

INFORMATION PROVIDED BY YOU

Subject to our Privacy Policy, you agree that when placing an order we may store, process and use data collected for the purposes of processing your order. If you so consent when prompted during the placement of your order you agree that we may use such data, other than credit card details, in order to provide you with information from time to time relating to our Products, programs, promotions, or other information that we reasonably consider to likely be of interest to you.

You may obtain a copy of data held by us concerning you, on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.

LINKAGES

This Website may contain links to third-party websites and resources. Such linked sites are provided solely as a convenience to you and not as our endorsement of the content on such linked sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. We are not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site's privacy policy. We recommend that you review such terms before using the linked site.

To the fullest extent possible at law, we makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of third party material or Products or services available through linked sites or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting our ability to exclude ourselves from such responsibilities and warranties, we may receive payments and/or commissions from operators of linked sites in relation to Products or services supplied by the operator as a result of you linking to the third party website from this Website.

We encourage and agree to your linking to the Home page through a hyperlink or plain text link on your website. However, linking to any other page of this Website is strictly prohibited, in the absence of a separate agreement that clearly describes the rights and responsibilities of linking to other pages. Any Website or other device that links to the Home page or any page available therein is prohibited from:

• replicating content;

• using a browser or border environment around the content;

• implying in any fashion that we are endorsing it or its Products;

• misrepresenting any state of facts, including its relationship with us;

• presenting false information about our Products or services; and/or

• using our logo(s) or trademark(s);

• without our express written permission.

ENTIRE AGREEMENT

No TRT employee or agent has the authority to vary any of these Terms and Conditions. Accordingly, you must accept these Terms and Conditions as they exist on this Website and they are not subject to any verbal or written variation that is provided to you by an employee or agent of TRT. Subject to any Additional Terms, you accept that these Terms and Conditions form the entire agreement between you and us and that you have not relied on any representation from any employee or agent of TRT.

FORCE MAJEURE

We will not be liable for our inability to perform, or for any delay in performing, any of our obligations under these Terms and Conditions if that inability or delay is caused by a Force Majeure Event. The time for performance of our obligation under these Terms and Conditions will be extended by a period equal to the period of any Force Majeure Event which causes the inability to perform, or delay in performing, the obligation.

ENFORCEABILITY

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

We reserve the right to change the Terms and Conditions of sale at any time.

ASSIGNMENT

We may assign our rights under these Terms and Conditions without your consent. You may not assign your rights or obligations without our prior written consent.

SURVIVAL

These Terms and Conditions survive its termination to the extent permitted by law.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of the state of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of any court having jurisdiction in the state Victoria, Australia.

TERMINATION

We may terminate or suspend these Terms and Conditions for any reason at any time by providing notice of this fact. Notice shall be considered given if the termination is posted on this Website or communicated to you by post, hand, fax, or email to as per the most recent details provided by you to us. Termination shall be effective when notice is deemed to have been given.

WITHDRAWAL OF SITE

We have the right to terminate or suspend or discontinue any aspect of this Website or services for any reason in our sole and absolute discretion.

DEFINITIONS

In these Terms and Conditions, unless a contrary intention appears:

Additional Terms means those terms that are offered to a user of this Website for the additional governance of particular uses, services, or components of this Website that fall outside or are additional to these Terms and Conditions.

Business Day means 8:00 a.m. to 5:00 p.m. E.S.T. Monday through Friday, excluding Saturdays, Sundays and registered Australian public holidays.

Force Majeure Event means any:

• act of God;

• outbreak or escalation of hostilities (whether or not war has been declared) or any other unlawful act against public order or authority;

• industrial dispute;

• governmental restraint; or

• other event which is not within the reasonable control of the parties;

• GST means any tax imposed by or through the GST Act on Supply (without regard to any input tax credit).

GST Act means A New Tax System ( Goods and Services Tax) Act 1999 and A New Tax System (Goods and Services Tax) Transition Act 1999 and any related tax impositions Act ( whether imposing tax as a duty of Customs Excise or otherwise) and includes any legislation which is enacted to validate recapture or recoup the tax imposed by such Acts.

Intellectual Property Rights means any and all intellectual and industrial protection rights throughout the world including rights in respect of, or in connection with:

• any confidential information;

• copyright (including future copyright and rights in the nature of, or analogous to, copyright);

• performers' protection;

• Moral Rights;

• inventions (including patents);

• trade marks;

• service marks;

• designs; and

• circuit layouts,

whether or not now existing, and whether or not registered or registrable and includes any right to apply for the registration of such right and includes all renewals and extensions;

Member means a person or corporation that has completed an application for membership on this Website and been granted such membership to The Rewards Team Program subject to the conditions of membership as outlined in these Terms and Conditions.

Moral Rights means rights of integrity, rights of attribution and other rights of an analogous nature which now exist or which may exist in the future, including, without limitation, moral rights under Pt IX of the Copyright Act 1968 (Cth);

Online Store means the virtual shopping store where Products are displayed and described for the purchase or redemption with Reward Points by Members.

Parties means the parties to these Terms and Conditions and party means either one of them; and

Products means the Products displayed for purchase or redemption by a Member in our Online Store by placing an order on this Website;

RedBalloon Days means the retailer known as RedBalloon Days who are retailers of experience-based gifts including such experiences as skydiving massage, art classes and V8 motor racing.

Registered Charity means the same as provided for in the GST Act.

Reward Points means points awarded to Members via their use of one or more Reward Programs.

Reward Program means those individual programs whereby members purchase products or services from our Partners in order to accrue Reward Points.

Supply means a taxable supply under the GST Act.

Terms and Conditions means these terms and conditions as varied and modified from time to time;

The Rewards Team Program means the unique program offered by TRT whereby you become a member in order to participate in Reward Programs and accrue Reward Points.

Website means this Website and all of its components owned and operated by Rewards Central Limited.

INTERPRETATION

In these Terms and Conditions:

• headings and underlinings are for convenience only and do not affect the interpretation of these Terms and Conditions;

• a word or expression in the singular includes the plural, and the other way around;

• words importing a gender include any gender;

• other parts of speech and grammatical forms of a word or phrase defined in these Terms and Conditions have a corresponding meaning;

• a reference to a statute includes an amendment or re-enactment to that legislation and includes subordinate legislation in force under it;

• a reference to a document includes an amendment or supplement to, or replacement or novation of, that document;

• a reference to a party to this or any other agreement includes that party's successor and permitted assignee;

• a reference to an agreement other than these Terms and Conditions includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;

• a reference to a clause includes a reference to a subclause; and

• a reference to a person or words denoting a person includes a company, statutory corporation, partnership, joint venture, association, board, government or semi-government agency or authority and that person's successors and legal personal representative.

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