Website and Reward Terms and Conditions

Effective date: 16 March 2018

  • 1. INTRODUCTION

    • 1.1. These Website and Reward Terms and Conditions ('Terms') govern the use of the My McCAIN Fries Advantage Program website and the acquisition of any Rewards that may be available through the Program.
    • 1.2. The Website is owned or licensed by Accumulate Loyalty Services Pty Ltd (ABN 38 085 529 979) ('Accumulate') and is operated by Accumulate on behalf of McCAIN as a part of the My McCAIN Fries Advantage program ('Program').
    • 1.3. In these Terms 'you' or 'your' is a reference to a Member of, or visitor to, the Program.
    • 1.4 These Terms address two facets:
      • a) the 'Terms of Use' for the Website; and
      • b) the 'Reward Terms & Conditions' for any Rewards offered and supplied through the Website.
    • 1.5. Your specific program type may not offer particular types of, or any, Rewards; if that is the case, then some or all of the Reward Terms & Conditions will not be applicable to you. Accumulate operates programs and websites in many countries. Please refer to your Program Terms and Conditions for more details.
    • 1.6. These Terms are effective from the 'Effective Date' shown above and may be amended by Accumulate from time to time by publishing the amended terms on this Website.
  • 2. ACKNOWLEDGMENT AND ACCEPTANCE OF WEBSITE AND REWARD TERMS AND CONDITIONS

    • 2.1. Through your use of the Program and the Website you acknowledge that you have read, understood and accept these Terms and you agree to be bound by them. Should you object to any Terms (including any subsequent amendments) you must immediately discontinue use of the Website.
    • 2.2. Should you fail to comply with any Terms Accumulate may take steps to remove content submitted by you to the Website, restrict or prevent your access to and use of the Website, cancel or refuse to honour any order for a Reward and, or, refuse to accept or act upon any communication from you.
    • 2.3. Accumulate's failure to enforce a particular term or condition does not constitute a waiver of that term or condition.
  • 3. DEFINITIONS

    In these Terms, unless the contrary intention appears:

    • Accepted Payment Card means a credit or charge card, or such other form of payment card approved by Accumulate from time to time.
    • Accumulate means Accumulate Loyalty Services Pty Ltd ABN 38 085 529 979.
    • Accumulate Associates means Accumulate's related bodies corporate or associated entities (as defined by the Corporations Act 2001, and any of their directors, officers, employees, consultants or shareholders.
    • Member means a natural person who eligible to use the Program as defined in the Program Terms and Conditions.
    • Partner means any third party that from time to time provides services in the supply of Partner Offers.
    • Partner Offer means an offer, which is a referral from the Program to another website that, from time to time, offers goods, services, vouchers or gift cards for purchase by a Member directly from a Partner, subject to that Partner's terms and conditions. Such offers may be in the form of a link to a Partner's website or other third party's website (an external website) as advised by the Partner or a referral code to be quoted to the Partner. Accumulate has no responsibility for the definition, management, acquisition, delivery, fulfilment or quality of any item described in a Partner Offer. Partner Offers are not available on all Programs. Partner Offers are not redeemable for Points.
    • Point where applicable to your Program, means a 'Point' as defined in the Program Terms and Conditions. Your Program Terms and Conditions may assign a name to your Points. Points may be redeemed for Rewards, but not for Partner Offers. For clarity, Points are not Qantas Points.
    • Points Plus Pay means the function that permits a Reward to be redeemed with a combination of Points and monetary payment with an Accepted Payment Card. Points Plus Pay is not available for all Rewards or in all Programs.
    • Program means the My McCAIN Fries Advantage program. The Program comprises the Website, the Program functionality, Service Centre and all related services.
    • Program Terms and Conditions means the terms and conditions that govern your use of your Program, which are accessible through the Website footer in your Program.
    • Qantas Points means the frequent flyer points granted pursuant to the Qantas Airways Limited 'Terms and Conditions' for the 'Qantas Frequent Flyer' program. Qantas Points are not available in all Programs.
    • Reward means any merchandise, gift card, voucher, donation, Qantas Points or other reward type as designated by the Program Terms and Conditions that can be obtained by redeeming Points through the Program. Rewards are not available on all Programs.
    • Service Centre means the service centre operated by Accumulate (or an Accumulate Associate) to support Members.
    • Terms means these complete Website and Reward Terms and Conditions.
    • Terms of Use means the terms and conditions for the Website at clause 4.
    • Website means the website or websites through which the Program is accessed.

  • 4. TERMS OF USE

    • 4.1. Use of the Program & Website
      • 4.1.1. You agree to use the Program, including the Website, only for the purposes that are permitted by these Terms and you must not use the Program or any part of the content of the Program for any other purpose.
      • 4.1.2. You must not use the Website for any activities, or post or transmit to or through the Website any information or materials, that:
        • a) breaches any law, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
        • b) interferes with other users using the Program;
        • c) defames, harasses, threatens, bullies or offends any person or which inhibits any person from using the Website;
        • d) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
        • e) uses the Website to send unsolicited commercial or bulk electronic messages;
        • f) makes any fraudulent or speculative enquiries or requests using the Website;
        • g) tampers with, hinders the operation of or makes unauthorised modifications to the Website;
        • h) knowingly transmits any virus or other disabling feature to or via the Website;
        • i) gains improper access to or otherwise interferes with any system or network connected to or affiliated with the Program; or
        • j) attempts any of the above acts or permits another person to do any of the above acts.
      • 4.1.3. You must not:
        • a) decipher, decompile, disassemble or reverse engineer, develop, adapt, enhance or amend any of the software or other information technology tools forming part of, or relating to the Program, or combine the Program (or any part thereof) with any other product for any purpose whatsoever; or
        • b) attempt any of the above acts or permit another person to do any of the above acts.
    • 4.2. Intellectual Property Rights
      • 4.2.1. This Website and material on this Website comprises copyright material and trade marks that are the property of Accumulate or third parties. This property may only be used by you for the purposes of browsing the Website, using its functionality and acquiring Rewards. Copyright and any trade marks on the Website, communications, artefacts and services that are owned by third parties have been licensed to Accumulate.
      • 4.2.2. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, you may not, in any form or by any means:
        • a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
        • b) commercialise any information, products or services obtained from any part of this Website without Accumulate's written permission.
      • 4.2.3. You may use the Website only for your personal and non-commercial purposes.
      • 4.2.4. Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Accumulate.
      • 4.2.5. The Website, products, technology and processes contained in the Website may be the subject of other intellectual property rights owned by Accumulate or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Website must not in any way infringe the intellectual property rights of any person.
    • 4.3. External Sites
      • 4.3.1. This Website may contain links to, or frame, websites of third parties ("external sites"). Some links are provided for convenience and Accumulate is not required to maintain or update the links. Unless otherwise stated the external sites are not under the control of Accumulate and Accumulate is not responsible for the contents of any external sites, which will have separate terms of use.
      • 4.3.2. Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Accumulate of either:
        • a) the owners or operators of the external sites, or
        • b) any information, products or services referred to on the external sites,
        unless expressly indicated on this Website.
      • 4.3.3. Accumulate makes no warranties and accepts no liability in relation to material contained on external sites. You link to any such website at your own risk.
    • 4.4. Member Account Access
      • 4.4.1. You are responsible for controlling access to and use of your Member account for the Program, including the Website, and you agree to take responsibility for all activities that occur under your Member account. Accumulate is not obligated to verify the actual identity of the person using any Member account and is not liable for the misuse of your account by third parties, including the fraudulent redemption of Points or acquisition of Rewards.
      • 4.4.2. You must not allow any other person to access or use the Program through your Member account.
      • 4.4.3. If you believe your Member account has or is at risk of being accessed by another person please contact Accumulate immediately at the contact details provided in the Program Terms and Conditions.
      • 4.4.4. When you access your Member account and order Rewards, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through the Website. Accumulate does not control SSL and cannot guarantee the strength or effectiveness of that encryption.
    • 4.5. Information Provided by You
      • 4.5.1. When you set-up or update a Member account or acquire Rewards through the Website we may require you to provide a name, address and contact details. We may subsequently require further details to enable the processing and delivery of any orders for Rewards that you make. You agree to provide Accumulate with current, complete and accurate information when asked to do so by the Website, an Accumulate representative or a supplier's representative.
      • 4.5.2. If you provide personal information of others to Accumulate, it is your responsibility to advise those individuals that you have provided that information to Accumulate.
      • 4.5.3. Personal information is collected, used and disclosed in accordance with Accumulate's 'Privacy Policy'.
      • 4.5.4. The Accumulate 'Privacy Policy' contains more information and explains how you can seek access to, and correction of, your personal information held by Accumulate. It also explains how you can complain about a breach of your privacy and how your complaint will be dealt with.
    • 4.6. Cookies
      • 4.6.1. Cookies are small pieces of data stored on the web browser on your computer. This Website and associated websites (including those you reach by clicking on advertising) may store cookies on your web browser.
      • 4.6.2 The main reasons we store cookies are to:
        • a) Improve your use of the website. For example, to remember your search criteria so you don't have to re-enter to do multiple searches and to remember your site preferences for your next visit to the site.
        • b) Gather statistics on site usage. For example, page views and drop off points so we can monitor site usage and make improvements to site usability.
        • c) Enable us to present customised and appropriate messages. For example, if we know you are travelling to Melbourne offering you a hotel in Melbourne.
      • 4.6.3. You can set up most web browsers so you are notified of when a cookie is received, so you can then either accept or reject it. You can also check the cookies stored by your web browser and remove any that you do not want.
      • 4.6.4. If you disable the use of cookies on your web browser or remove or reject specific cookies from the Website or linked sites, then you may not be able to gain access to all the content and facilities of this Website.
    • 4.7. Warning
      • 4.7.1. All care is taken to ensure the Website and data transmissions are free from viruses or similar; however, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website, an external or linked website. You must take your own precautions to ensure that all data transfers from, or other uses of, this Website are free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
      • 4.7.2. Accumulate do not warrant that your access to the Website will be uninterrupted or error free or that any defects will be corrected.
    • 4.8. Disclaimer
      • 4.8.1. The information contained on the Website is provided by Accumulate in good faith. To the best of Accumulate's knowledge, the information is accurate and current; however, Accumulate and Accumulate Associates do not make any representation or warranty as to the accuracy or completeness of the information.
      • 4.8.2. Accumulate makes no warranty that this Website, any information or ideas contained on this Website or any Rewards will meet your requirements.
      • 4.8.3. You expressly acknowledge and agree that Accumulate does not control other users of this Website, the providers of information or ideas to this Website or the suppliers of Rewards acquired from this Website, and that Accumulate is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
      • 4.8.4. You further acknowledge and agree that, subject to the section dealing with 'Limitation of Liability', Accumulate will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of the Website or Rewards supplied to you, or on behalf of you, through the Website.
  • 5. REWARD TERMS AND CONDITIONS

    • 5.1 Acquiring Rewards and Partner Offers
      • 5.1.1. Your Program and the Website functionality may provide you with an ability to acquire Rewards. The options to acquire Rewards may include:
        • a) redeeming Points accumulated through the Program; and, or
        • b) Points Plus Pay.
      • 5.1.2. You may also have access to Partner Offers.
      • 5.1.3. These Terms govern the ordering, delivery and other associated matters relating to your acquisition of Rewards and Partner Offers.
    • 5.2. Rewards
      • 5.2.1. All Rewards are subject to availability and some restrictions may apply. Accumulate reserves the right to, at any time, remove, vary, limit, increase or substitute any or all of the Rewards or Partner Offer contained in the Website at its absolute discretion and without notice.
      • 5.2.2. Conditions may apply to individual Rewards or Partner Offers and in such cases the use of such may be subject to further specific terms and conditions made by the third party supplier. These details and, or, a link to the third party supplier terms may be provided in each respective Reward or Partner Offer description. Of note:
        • a) use of all gift cards, gift vouchers and vouchers are subject to the issuer's or retailer's terms and conditions, which may include an expiry date or validity period (see clause 5.4 for more details);
        • b) Qantas Points may only be allocated to a member of the Qantas Frequent Flyer program, pursuant to the Qantas Airways Limited Qantas Frequent Flyer Terms and Conditions (a joining fee may apply) (see clause 5.5 for more details);
        • c) certain conditions may be enforced by the relevant suppliers, for example travel or experience related products may impose date and time restrictions;
        • d) select products are subject to third party end use licences and regulations;
        • e) legislative restrictions apply on the selling or supply of alcohol (see clause 5.6 for more details);
        • f) legislative restrictions apply on the selling or supply of classified products (see clause 5.7 for more details);
        • g) legislative restrictions apply on the selling or supply of knives in some territories (see clause 5.7 for more details);
        • h) donations to charities or other organisations are subject to additional terms (see clause 5.8 for more details); and
        • i) Partner Offers are subject to the Partner's terms and conditions (see clause 5.9 for more details);
      • 5.2.3. Not all programs contain the Rewards or Partner Offers described at clause 5.2.2.a) to 5.2.2.i).
      • 5.2.4. Accumulate will always attempt to be as accurate as possible with the Reward or Partner Offer descriptions and the Points or Points Plus Pay (if available in your Program) required to order the Reward; however, to the extent permitted by law, we are unable to warrant that the descriptions or other content of the Website is accurate, complete, reliable, current or error free. To the extent permitted by law, Accumulate does not accept any liability for the lack of completeness or correctness of such information.
    • 5.3. Reward Points Information
      • 5.3.1. Where applicable, each respective Reward description includes the number of Points and Points Plus Pay (if available in your Program) required to order that Reward and are current at the time of display. The number of Points (and Points Plus Pay) required includes delivery and any other charges unless otherwise advised.
      • 5.3.2. The number of Points (and Points Plus Pay) required for Reward may at any time change without advance notice.
      • 5.3.3. When Points are redeemed for a Reward, the Program will deduct the required Points from your Member account (and payment from the Accepted Payment Card for Points Plus Pay). All transactions are recorded in your Member account.
    • 5.4. Gift Cards, Gift Vouchers and Vouchers
      • 5.4.1. Gift cards, gift vouchers and vouchers are valid for the period specified in the Reward description and must be used before any expiry date or end of the period detailed on the gift card, gift voucher or voucher. Unless the terms of a particular gift card, gift voucher or voucher provide otherwise it:
        • a) cannot be exchanged for money or replaced if lost, stolen, damaged or destroyed; and
        • b) is issued subject to the terms and conditions on the gift card, gift voucher or voucher and any additional terms and conditions that may be published by the issuer or retailer, a link to which may be provided in the Reward description.
      • 5.4.2. It may take up to fifteen business days after an order is placed to despatch a physical gift card, gift voucher or voucher, as such it is your responsibility to allow sufficient time for the item to arrive. Orders for electronically delivered gift cards, gift voucher or vouchers are not processed immediately and orders may be independently verified prior to despatch.
      • 5.4.3. A voucher can be redeemed only for the product or service specified on it. Other items or services related to your use or consumption of that specified product or service must be paid for by the user of that voucher. For example, a hotel room voucher that does not specify meals, laundry or telephone charges, or a car rental voucher that does not specify petrol or insurance must be paid for by the user of the voucher.
      • 5.4.4. Accumulate is not responsible for the provision of any services supplied to a holder of a gift card, gift voucher or voucher redeemed through a Program or for any misunderstanding between the user of the gift card, gift voucher or voucher and the issuer or retailer of that gift card, gift voucher or voucher.
    • 5.5. Qantas Points
      • 5.5.1. In this clause:
        • a) Qantas means Qantas Airways Limited ABN 16 009 661 901;
        • b) Conditions of Carriage means the Qantas conditions that apply to:
          • i. travel on Qantas flights or flight segments, where Qantas or its airline designator code 'QF' is shown as the carrier on a ticket, and in any case where Qantas has a legal liability to you in relation to your flight; and
          • ii. Qantas Frequent Flyer award travel and to gratuitous and reduced fare carriage, except to the extent that Qantas have told you otherwise.
        • c) QFF Member means a natural person who is registered as a member of the QFF Program;
        • d) QFF Program means the loyalty program currently known as the Qantas Frequent Flyer program;
        • e) QFFP Terms means the terms and conditions of the QFF Program issued by Qantas, as amended by Qantas from time to time.
      • 5.5.2. You acknowledge and agree that:
        • a) only individuals may earn or be credited with Qantas Points under the QFFP Terms (that is, companies, firms, associations and other organisations are not eligible to earn Qantas Points under the QFF Program);
        • b) only QFF Members may earn Qantas Points as a Reward through the Program;
        • c) the QFFP Terms apply to membership of the QFF Program and the earning, retention and redemption of Qantas Points;
        • d) you may order and receive Qantas Points only in a QFF Program membership account that is in your name;
        • e) the QFFP Terms and the Conditions of Carriage apply to any air travel undertaken by a QFF Member as a result of participation in the QFF Program;
        • f) the number of seats available for award flight bookings under the QFF Program is limited and some flights may not have award flight seats available; and
        • Qantas may vary the QFFP Terms and the Qantas Conditions of Carriage from time to time.
    • 5.6. Alcohol Products
      • 5.6.1. Alcohol, such as beer, wine and spirits, is provided as a Reward in select programs, in Australia only. All alcohol is supplied in accordance with the laws and regulations of the state of Victoria in Australia. It is against the law to sell or supply alcohol to, or to obtain alcohol for or on behalf of, a person under the age of 18 years.
      • 5.6.2. Accumulate may cancel any order for alcohol products made through the Website, or refuse to supply alcohol products, that it considers would breach any applicable laws or regulations applicable to supply of liquor.
      • 5.6.3. WARNING: For the purposes of Australian (Victorian) liquor licensing requirements, under the Liquor Control Reform Act 1998 it is an offence:
        • a) to supply alcohol to a person under the age of 18 years (penalty exceeds $17,000); and
        • b) for a person under the age of 18 years to purchase or receive liquor (penalty exceeds $700).
      • 5.6.4. All alcohol ordered through the Website is done so under Accumulate's Victorian Liquor Licence Number 36093077, and supplied by Accumulate's suppliers under their respective licences.
      • 5.6.5. By ordering alcohol products through the Website, you warrant that:
        • a) you are over the age of 18; and
        • b) any person that you are obtaining the alcohol products for, or supplying the alcohol products to, is over the age of 18 years.
      • 5.6.6. If there is any doubt about the age of the proposed recipient on delivery of alcohol products:
        • a) the proposed recipient may be requested to produce photographic identification to prove that the recipient is at least 18 years of age; and
        • b) if Accumulate's supplier delivering the alcohol products is not satisfied that the proposed recipient is at least 18 years of age, the alcohol products will not be delivered.
      • 5.6.7. If, after you place an order for alcohol, Accumulate or its suppliers determines the delivery address is a location subject to a legislative, regulatory, policy or alcohol supply plan restriction or reduction Accumulate will cancel the order.
      • 5.6.8. If Accumulate is not satisfied that the requirements in this section have been meet, Accumulate may cancel any order for alcoholic products or refuse to supply alcohol products.
    • 5.7. Classified and Restricted Products
      • 5.7.1. Under the Classification (Publications, Films and Computer Games) Act 1995 (Cth) it is against the law to sell, supply or obtain select classified publications, films and computer games to, for or on behalf of, a person under prescribed ages ('Classified Product').
      • 5.7.2. By ordering a 'Classified Product' in Australia you warrant that you are:
        • a) 18 years of age or older if you order products that are classified R18+; or
        • b) 15 years of age or older if you order products that are classified MA15+; and
        • c) not obtaining the product on behalf of a person that is not eligible to purchase the product themselves.
      • 5.7.3. In New Zealand, under the Films, Videos, and Publications Classification Act 1993 (NZ) it is illegal to sell, hire, show or give a restricted (red labelled) film or game to anyone under the age shown on the label (unless an exception is stated on the label) ('Classified Product').
      • 5.7.4. By ordering a 'Classified Product' in New Zealand you warrant that you are:
        • a) 18 years of age or older if you order products that are classified 'Restricted 18'; or
        • b) 16 years of age or older if you order products that are classified 'Restricted 16'; or
        • c) 15 years of age or older if you order products that are classified 'Restricted 15'; or
        • d) 13 years of age or older if you order products that are classified 'Restricted 13'; and
        • e) not obtaining the product on behalf of a person that is not eligible to purchase the product themselves.
      • 5.7.5. Different countries and jurisdictions may have in place laws and regulations that place age related restrictions on the sale of other products 'Classified Products' (such as computer games and movies). Where it is an offence to sell, supply or obtain such 'Classified Products' to, for or on behalf of, a person under a prescribed age you warrant that you are not below that age or are not obtaining the product on behalf of a person that is not eligible to purchase the product themselves.
      • 5.7.6. Different countries and jurisdictions may have in place laws and regulations that place age related restrictions on the sale of products, such as knives ('Restricted Product'). Where it is an offence to sell, supply or obtain such 'Restricted Products' to, for or on behalf of, a person under a prescribed age you warrant that you are not below that age or are not obtaining the product on behalf of a person that is not eligible to purchase the product themselves.
      • 5.7.7. If Accumulate is not satisfied that the requirements in this clause have been meet, Accumulate may cancel any order for or refuse to supply 'Classified Products' or 'Restricted Products'.
    • 5.8. Donations to Charities or Other Organisation
      • 5.8.1. Select Rewards are for monetary donation to be made to a charity or other organisation.
      • 5.8.2. Members will receive an email confirming the redemption transaction for the donation, which will also be recorded in the Member account. Pursuant to taxation laws, Members are not entitled to a tax invoice, tax receipt or tax deduction for redeeming Points for the monetary donation to a charity or other organisation.
      • 5.8.3. Donations are subject to any applicable legislative or other regulatory controls imposed by state and federal governments, whether existing now or at any time in the future.
      • 5.8.4. In Australia, further details on the charities can be found at the Australian Charities and Not-for-profits Commission website at http://www.acnc.gov.au.
    • 5.9. Partner Offers
      • 5.9.1. Descriptions for Partner Offers utilise a link to an external website or provide a referral code, which are used by the Member to purchase any good and services offered by a Partner.
      • 5.9.2. All offers and purchases are subject to the specific terms and conditions for that item as specified by the Partner, including any cancellation or delivery issue.
      • 5.9.3. The Partner is responsible for all after sales support, in particular the repair, replacement, return and refund for any goods and services offered by a Partner.
      • 5.9.4. Accumulate excludes all liability in relation to an item obtained through any Partner Offer.
    • 5.10. Cancellation of an Order
      • 5.10.1. Cancellation by You
        • a) A Member cannot cancel or amend an order once it has been confirmed by Accumulate and your Points deducted (and processed any payment).
        • b) However, if you have an issue with your order, please contact the Service Centre immediately. Cancellation or change of an order is at Accumulate's sole discretion.
      • 5.10.2. Cancellation by Accumulate
        • a) Accumulate reserve the right to not provide Rewards, terminate, remove or edit content or cancel orders (or part thereof) at Accumulate's sole discretion at any time. Without limiting the operation of any other terms or conditions herein, Accumulate will not be held liable for loss or damage arising from the exercise of these rights.
        • b) If Accumulate cancels your order a Service Centre representative will contact you explain the reason.
      • 5.10.3. If Accumulate cancels an order (or part thereof) the Member will be provided with a full refund for the order (or that part). Subject to the reason for the cancellation, Accumulate may offer the Member a substitute Reward of equal value instead of providing a refund. The Member may decline to accept the substitute.
    • 5.11. Delivery
      • 5.11.1. The Reward description or check-out will detail the acceptable types of delivery address for that Reward. Unless otherwise specified in the Reward description, Accumulate will only deliver to:
        • a) physical addresses within the country that your Member account is registered in;
        • b) post office addresses (PO boxes) for selected Rewards within the country that your Member account is registered in; and
        • c) e-mail addresses for electronic Rewards such as electronic gift cards, gift vouchers and vouchers.
      • 5.11.2. It is a Member's obligation to enter the correct delivery address details at the time you submit your order. Should you enter the wrong address, Accumulate are not obliged to re-send the order to the correct address at Accumulate's expense, nor is Accumulate liable for any loss to a Member due to incorrect address details provided by the Member.
      • 5.11.3. Reward descriptions provide an estimated despatch time frame for each Reward and your order confirmation will provide you with an estimated date for delivery. While Accumulate makes every effort to deliver by these dates, they are only estimates. Once the Reward has been despatched by the supplier, Accumulate may provide tracking information by email to the Member or update the 'order status' accessible through the Member account.
      • 5.11.4. For an order with multiple Rewards each Reward may be delivered by a different supplier and be delivered on different dates.
      • 5.11.5. For a successful delivery it is recommended that you provide an address where you or a recipient will be present during the day. If you, or a recipient, are not present at the delivery address at the time of delivery, the supplier may:
        • a) leave the order at the delivery address;
        • b) leave a missed delivery notification with details for collection or arranging another delivery of the Reward; or
        • c) return the Reward to the supplier.
      • 5.11.6. For Rewards returned to the supplier, the Service Centre will attempt to contact the Member or the person named as the recipient to provide advice about the unsuccessful delivery and arrange to re-deliver the item. Members and recipients are required to provide reasonable assistance to facilitate delivery. Re-delivery may incur an additional postage and handling fee. To avoid these costs, please carefully consider the delivery address you enter.
      • 5.11.7. After an unsuccessful attempt to deliver the order, the item will be returned to the supplier, after which the Service Centre will refund the payment for the returned order, less any freight charge for delivery or re-delivery.
      • 5.11.8. It is your responsibility to contact Accumulate immediately if an order does not arrive by the estimated delivery date. Once advised that your order has not arrived by the due date, Accumulate will make enquiries to ensure delivery occurs as soon as possible.
      • 5.11.9. If an order is lost in transit (prior to delivery), Accumulate will make enquiries, including checking the supplier proof of delivery processes. Accumulate may require you to make a statutory declaration that your order was not received before a replacement can be arranged. If Accumulate provides a replacement order and you subsequently receive the original order, you must return the original order to Accumulate. In such cases, the Member should contact the Service Centre to organise that return.
      • 5.11.10. Accumulate may disclose any, or all, details associated with lost and replacement orders to its suppliers, clients and appropriate authorities.
      • 5.11.11. Without limiting the operation of any other Terms, Accumulate is not responsible for any loss or damage caused by late delivery or cancellation of an order or a Reward.
      • 5.11.12. Title and risk of a Reward passes to you at the time of delivery. Accumulate will not accept liability for any loss or damage arising from Rewards lost, stolen or damaged after delivery has taken place.
    • 5.12. Suppliers
      • 5.12.1. All orders for Rewards are fulfilled by Accumulate's third party suppliers.
      • 5.12.2. In addition, if you redeem a gift card, gift voucher or voucher through the Program those items are supplied directly by a third party, Accumulate is not responsible for the provision of those services or for any misunderstanding between you and the supplier. In all arrangements involving the provision of services directly by third parties suppliers Accumulate accepts no liability of any kind in connection with or arising from such an arrangement.
      • 5.12.3 If you order a goods and service through a Partner you enter into an agreement with the Partner and those items are supplied in accordance with the Partner Offer. Accumulate is not responsible for the provision of those items or for any misunderstanding between you and the Partner. In all arrangements involving the provision of services directly by third parties suppliers Accumulate accepts no liability of any kind in connection with or arising from such an arrangement.
    • 5.13. Return of Rewards
      • Nothing in this clause 5.13 affects any rights a Member or consumer may have and which by law cannot be excluded, including under federal consumer protection laws and under state and territory consumer protection legislation.
      • 5.13.1. Change of Mind
        • Unless otherwise explicitly stated in the Program Terms and Conditions, you or a recipient of a Reward are not able to return a Reward because you have changed your mind or are unhappy with a Reward. This includes refusing to accept delivery of a Reward.
      • 5.13.2 Goods Damaged, Faulty or Incorrect on Delivery
        • a) Accumulate acknowledges that the Competition and Consumer Act 2010 (Cth) and other equivalent legislation implies or imposes statutory guarantees, conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded. Nothing in these Terms (including the exclusions and limitations outlined in the Terms) is intended to exclude or restrict the application of such non excludable terms. As such, nothing in these Terms affects any of your rights that, by law, cannot be excluded. However, to the extent permitted by such legislation, any such liability of Accumulate is limited to the cost of supplying the goods or services again. The following guidelines will apply.
        • b) If a Reward is damaged, faulty, unfit for use when you receive it (through no fault of yours) or not the Reward you ordered you should contact the Service Centre to organise its repair, replacement or refund.
        • c) The Service Centre will liaise with you to ensure timely resolution of any repair, replacement or return issue.
        • d) A Reward will not be accepted for repair, replacement or refund unless first authorised by the Service Centre, and this will be provided where Accumulate is obliged to do so under any rights a consumer may have under law.
        • e) All Rewards authorised for repair, replacement or refund by the Service Centre must first be returned to the location advised by the Service Centre. In any such event:
          • i. the Service Centre will provide instructions regarding how the item is to be returned or, subject to the product, inspected in situ and possibly collected;
          • ii. the Reward must be returned in a new, unused or as new condition with any instruction manuals, all accessories and where possible in the original packaging; and
          • iii. in instances where the reason for the return was not reasonably discoverable without both opening and using or partially consuming the Reward, the Reward can be returned without the original packaging.
        • f) After inspection of the Reward, the Service Centre will advise the Member and subject to the determination in circumstances when obliged to do so, Accumulate will coordinate the repair or replacement with the supplier (which will be at no cost to the Member), or arrange a refund. The Service Centre or supplier may then liaise directly with you to finalise any arrangements.
        • g) If a replacement product is authorised by Service Centre, the supplier will dispatch replacement product at no further cost to you.
      • 5.13.3. Refunds for Goods Damaged, Faulty or Incorrect on Delivery
        • a) If a refund is authorised by the Service Centre for any Rewards deemed damaged or faulty on delivery or not the Reward you ordered, it will refund any amount exchanged for the acquisition of the Reward. With the exception of any permissible return for change of mind, if the return was paid by you, refund the reasonable cost of the return of the Reward. Refunds will be paid only after receipt and inspection of the returned product by Service Centre or the relevant supplier.
        • b) With exception of subscriptions, the Service Centre has no authorisation to approve a partial refund for a product.
        • c) Subject to clause 5.14.3. a), should you be entitled to a refund for a Reward it will constitute:
          • i. the same number of Points redeemed for that Reward, which will be refunded to your Member account; and, or
          • ii. the same monetary amount paid for that Reward, which will be refunded to the Accepted Payment Card used for the payment.
        • d) In the event that the refund to the Accepted Payment Card used to make the payment is not authorised by the relevant merchant bank, the Service Centre will contact the Member to arrange for the refund to be paid to an alternate Accepted Payment Card.
    • 5.14. Promotions and Competitions
      • Other terms and conditions not listed here applicable to Rewards, promotions and competitions available through the Website are incorporated into these Website and Reward Terms and Conditions. Unless expressly stated, to the extent that the other terms and conditions are not incompatible with these Website and Reward Terms and Conditions, the other terms and conditions will be in addition to these Website and Reward Terms and Conditions. To the extent that the other terms and conditions are incompatible with these Website and Reward Terms and Conditions, the other terms and conditions shall prevail.
  • 6. GENERAL

    • 6.1. Limitation of Liability
      • 6.1.1. To the fullest extent permitted by law, Accumulate disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
      • 6.1.2. Accumulate recommends that you consider taking out appropriate insurance at your own expense when claiming Rewards.
      • 6.1.3. Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in these Terms affects any rights a Member may have and that by law cannot be excluded, including under the Competition and Consumer Act (2010) and under state and territory consumer protection legislation, but Accumulate does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website or Rewards outside these laws.
      • 6.1.4. Subject to claims available under consumer protection laws, Accumulate accepts no responsibility or liability:
        • a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss); however caused and which is suffered directly or indirectly in connection with the use of this Website;
        • b) for disruptions to the Website;
        • c) to you or anyone else if interference with or damage to computer systems in connection with use of this Website or an external site;
        • d) for incidental costs (including, but not limited to, those relating to experience and travel related rewards);
        • e) for any damage or loss of goods in transit;
        • f) for installation of goods where applicable;
        • g) for damage or injuries arising from the use of the products and services provided through the Program; or
        • h) for provision of accessories and batteries required for any Rewards.
    • 6.2. Release and Indemnity
      • 6.2.1. You agree to waive any and all claims that you now have or may have in the future against Accumulate and Accumulate's Associates that relate to or are incidental to your use of the Website and acquisition of Rewards. You agree to indemnify and hold Accumulate harmless from and against any and all claims, loss or expense that may be incurred by Accumulate or Accumulate's Associates that relate to or are incidental to the performance of its duties as described in the Website and these Terms, including all costs of defending itself against a claim by any other person and, or, as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
      • 6.2.2. You further agree to indemnify and hold Accumulate and Accumulate Associates harmless from any claim made by any third party due to or arising out of your use of this Website, the violation of these Terms by you, or the infringement by you, or other users of the Website, of any intellectual property or other right of any person or entity.
    • 6.3. Applicable Law
      • These Terms are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
    • 6.4. Contact Information
      • For all other enquiries regarding the Program, the Website, an order or a Reward please contact the Service Centre in accordance with details provided in the Program Terms and Conditions.