Terms & Conditions

Member Terms and Conditions Website Terms and Conditions Infinite Rewards Program - Member Terms and Conditions  Terms and Conditions 1.1 As an Infinite Rewards program member you will be bound by these Terms and Conditions, as varied by us from time to time, from the first time you use your membership card. 1.2 If you do not agree to these Terms and Conditions you may return the card to us within 7 days for a full refund. 1.3 Terms and conditions set by participating businesses, where applicable, are available on request. Meaning of words In these Terms and Conditions the following words have the following meanings: (a) "application form" means the form completed by an individual (whether online or in paper form) to become a member of the Infinite Rewards program; (b) "Benefits" means discounts and special offers available from participating businesses as offered from time to time subject to any conditions as notified from time to time; (c) "Infinite Rewards program" means those arrangements by which a member receives Benefits from participating businesses under these Terms and Conditions; (d) "membership card" means a card or key tag issued to members of the Infinite Rewards program; (e) "our website" means the Infinite Rewards website located at www.infiniterewards.com.au; (f) "participating business" means retailers (and other persons) who supply goods and services in respect of which various discounts, special offers and other benefits may be claimed by members subject to any conditions determined by those retailers; (g) "we" means Infinite Rewards Pty Ltd (ACN 112 086 790) trading as Infinite Rewards or its authorised representatives. Membership 3.1 Only individuals (not corporations) may become members of the Infinite Rewards program. 3.2 To become a member of the Infinite Rewards program you must apply to us, in the manner notified by us from time to time, and pay the then current membership fee. You will become a member once we accept your application and issue a membership card to you. 3.3 We reserve the right to refuse any application for membership and refund any amount you have paid. 3.4 Membership is for a term of 12 months and expires on the date shown on the membership card. 3.5 We will deliver the membership card to you once we receive payment from you. 3.6 Your membership will renew automatically for further terms of 12 months unless you notify us at least 14 days before the anniversary of the date that you applied for membership that you do not wish to renew your membership. We will debit your credit card for our then current membership fee on that anniversary. 3.7 If we have details of your current email address we will send you a notice by email reminding you of the automatic renewal 28 days prior to the anniversary of the date on which you submitted your application for membership to us. Using your membership 4.1 You may use your membership to receive the Benefits. 4.2 All Benefits are subject to availability and any conditions as determined by the relevant participating business. It is your responsibility to satisfy or comply with any conditions imposed by participating businesses for the receipt of any Benefits. 4.3 Each participating business providing Benefits identifies you as being eligible for the Benefit in one or more of the following ways (at their discretion): (a) when you present your membership card at the point of sale at a retail outlet of the participating business; or (b) when you quote your membership identification number (or username and password) if you are making a transaction by telephone, internet or mail order; or (c) when you print a Benefit voucher from the our website and take it and your membership card to the retail outlet of the relevant participating business. 4.4 Benefits cannot be exchanged, transferred, sold, bartered, redeemed for cash or otherwise dealt with other than in accordance with these Terms and Conditions. If a Benefit voucher becomes lost or stolen it will not be replaced. 4.5 To the extent permitted by law we are not liable for any Benefit not being available for any reason whatsoever. In addition, and without limiting the foregoing, to the extent permitted by law we are not liable for: (a) any delay by or failure of a participating business to notify us of the details of a Benefit; (b) a failure by you to take advantage of a Benefit because you have not complied with the participating business's conditions (including limited time offers) for receiving the Benefit; or (c) any failure by you to notify a participating business that you are a member and entitled to a Benefit. 4.6 Participating businesses may cease to be participants of the Infinite Rewards program from time to time. To the extent permitted by law we are not liable if you fail to receive a Benefit because a participating business ceases to be a participant in the Infinite Rewards program. 4.7 You must notify us immediately of any unauthorised transaction in relation to your membership. 4.8 You must notify us of any dispute relating to the Benefits as soon as possible after you become aware of the dispute. We will endeavour in good faith to resolve the dispute. Membership cards 5.1 Membership cards are not credit or charge cards, are not transferable (except that you may permit members of your immediate family to use your card), and remain our property. 5.2 You must notify us immediately of any change of address or of a lost or stolen membership card. To the extent permitted by law we are not liable for any delay in replacing a membership card or for any unauthorised use of a membership card. We may charge $10.00 per card for replacement cards. Termination of membership 6.1 To the extent permitted by law we will not be obliged to refund any part of a paid membership fee on cancellation of a membership, by you or by us, in accordance with this clause 6. 6.2 We may terminate your membership if you, or a member of your immediate family who uses a membership card: (a) fail to comply with these Terms and Conditions; (b) abuse any privilege accorded to you as a member under the Infinite Rewards program; or (c) supply any false or misleading information or make any false or misleading misrepresentations to us or to any participating business in connection with the Infinite Rewards program or a Benefit. You may terminate your membership prior to the expiry of the 12 month term by giving written notice to us. On receiving such notice, we will note your member contact details on our database as inactive. Changes, suspension or termination 7.1 Subject to applicable law and sub-clause 7.2 we reserve the right to make any changes at any time, without prior notice and at our absolute discretion, to these Terms and Conditions and the range of participating businesses. This includes changes that have or may have the effect of reducing or eliminating the number or value of Benefits, or the period for receiving any Benefit. We will attempt to notify members of any changes but, to the extent permitted by law, will not be liable for failure to do so. 7.2 Our Privacy Policy forms part of these Terms and Conditions, and will prevail over these Terms and Conditions if they are inconsistent in any respect. We will not purport to alter the Privacy Policy under sub-clause 7.1, without first giving written notice to members and giving members who do not wish to be bound by the changed Policy the opportunity to withdraw from the Infinite Rewards program. 7.3 To the extent permitted by law, we reserve the right to make any changes at any time without prior notice and in our absolute discretion to the Benefits. 7.4 Subject to applicable law, we reserve the right to suspend or terminate the Infinite Rewards program at any time without prior notice. To the extent permitted by law and subject to clause 7.5 below, we will not be liable for the suspension or termination of the Infinite Rewards program on any account whatsoever including (without limitation) for any Benefit that a member could have received at the time of suspension or termination. 7.5 If we terminate the Infinite Rewards program we will refund the membership fee, if any, paid by you to us, on a pro rata basis for the period of membership remaining after the termination of the Infinite Rewards program. Member information 8.1 Information about members, including information in the application form and information about receipt of Benefits by members, will be held in our internal database ("our Database") which will contain information about you and your use of the membership. 8.2 We and our agents will only use the information from our Database to manage and administer the Infinite Rewards program. 8.3 Each member consents and agrees to the provision of the information on the application form to Infinite Rewards and authorises us to store and use that information, for the purposes stated in this clause 8. Liability 9.1 All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Infinite Rewards program are expressly excluded to the full extent permitted by law. Any liability we may have to a member under statute in respect of such goods and services which cannot be excluded is limited, where permitted, to: (a) supplying, or paying the cost of supplying, the goods or services again; or (b) repairing, or paying the cost of repairing, the goods; at our option. 9.2 Subject to sub-clause 9.1, and to the extent permitted by law, any liability that we may have to a member whether for negligence, breach of contract or otherwise is limited: (a) in the case of any claim relating to Benefits, to supplying, or paying the cost of supplying, the Benefit again or repairing, or paying the costs of repairing, the Benefit, at our option; (b) in any other case to a maximum of $50. 9.3 Participating businesses do not have any authority, express or implied, to make any representation, warranty or statement on our behalf and we accept no liability in respect of such representations, warranties or statements. General 10.1 A notice will be deemed to be given by us to a member if it is sent to the postal or email address of the member appearing in our Database as notified by you on the application form. 10.2 Any tax, liability or duty arising from a member's participation in the Infinite Rewards program is the responsibility of the member. Website Terms and Conditions  Definitions In these terms and conditions the following words have the following meanings: "Infinite Rewards program" means those arrangements by which a member receives Benefits from participating businesses under the Infinite Rewards Program - Member Terms and Conditions "participating business" means retailers (and other persons) who supply goods and services in respect of which various discounts, special offers and other benefits may be claimed by members of the Infinite Rewards program subject to any conditions determined by those retailers "Website" means our website located at www.infiniterewards.com.au "we, us, our" refers to Infinite Rewards Pty Ltd (ACN 112 086 790) trading as Infinite Rewards or its authorised representatives Application 2.1 These terms and conditions apply to users of the Website. By using the Website, you accept and agree to these Website terms and conditions. 2.2 Subject to applicable law we reserve the right to change these Website terms and conditions at any time. You should check the Website regularly for any changes. If you continue to use the Website after any changes to these terms you will be deemed to have accepted those changes. Using the Website 3.1 All copyright in material on the Website is owned by Infinite Rewards unless otherwise indicated. All registered or unregistered trade marks used on the Website are the property of their respective owners. 3.2 The Website is for personal use only. Commercial use of the Website is strictly prohibited. You may use the material on the Website, including printing, copying, reproducing, downloading and viewing material, only for private and non-commercial use and only for the purposes it is intended to be used. 3.3 You must not modify any material on the Website in any manner. 3.4 You must not license, sell, distribute, decompile, reverse engineer or otherwise deal with any material (including any software) you download from the Website. Any material (including any software) that you download from the Website you do so under licence to you from us for private and non-commercial use only. 3.5 You must not upload to, or distribute or publish through, the Website any inappropriate communication in any form, including any offensive, obscene, pornographic, threatening, harassing, abusive, slanderous or defamatory material. 3.6 By uploading materials to the Website, you grant us a non-exclusive, royalty free, perpetual licence to use, modify, reproduce, distribute or otherwise deal with the uploaded material in any manner which we deem appropriate. In addition, you agree to waive all "moral rights" in those materials. Privacy 4.1 The Infinite Rewards Privacy Policy applies to members' and non members' use of this Website. Although security measures have been implemented to secure information uploaded to the Website, you acknowledge that the internet is inherently not secure and that we will not be responsible for any breach of security or unintended loss or disclosure of information in relation to the Website. 4.2 We may collect (and provide to third parties) information about the way you browse our website. This information cannot be used to identify you or any other individual visitor to our website. The information is used to collect and analyse statistics about browsing behaviour for marketing and development purposes and as further outlined in the Infinite Rewards Privacy Policy. Website Services and Information 5.1 We regularly update information on the Website and make every effort to ensure that it is accurate and current. However, as we rely on information provided by participating businesses you acknowledge that we make no representation as to the accuracy, currency or completeness of any information or services at the Website and that you are responsible for confirming the accuracy, currency or completeness of such information or services. 5.2 All conditions and warranties, whether express or implied and whether arising under statute or otherwise, in relation to information or services on the Website are expressly excluded to the full extent permitted by law. Any liability we may have under these Website terms and conditions which cannot be excluded is limited, where permitted, to the re-supply of the information or services, at our option. We will not be liable for any indirect or consequential loss incurred by you through your use of the Website. Links to other Sites While we provide access to other internet sites by way of hyperlinks on the Website ("Linked Website"), we are not responsible for the accuracy, legality, copyright compliance or nature of material of any Linked Website or of any services or information provided through any Linked Website. Indemnity You hereby indemnify us from any liability or expense arising from your use or misuse of the Website including in relation to any form of communication which you upload to the Website. Jurisdiction These Website terms and conditions are governed by the laws of Victoria, Australia. Each party irrevocably submits to the non exclusive jurisdiction of the courts of Victoria.