SSANZ REWARDS PROGRAM TERMS AND CONDITIONS

Introduction

1. These terms and conditions (Rewards Terms) govern the Sustainable Salons Australia Pty Ltd ABN 59 617 888 383 (SSANZ) rewards program (Rewards Program). Please read them carefully.

2. Each Member who participates in the Rewards Program is bound by the following conditions of use, which are accepted when that Member agrees under the Member Terms and Conditions to become a “rewards member” (as that term is defined in the Member Terms and Conditions).

Rewards Program eligibility

3. Only Members can be a part of the Rewards Program. SSANZ maintains the sole discretion to decide Member eligibility to participate in the SSANZ Rewards Program.

4. SSANZ reserves the right at its absolute discretion at any time to exclude any Member from inclusion in the Rewards Program or to cancel the registration of any customer.

Earning Rewards Points

5. Reward Points are used to determine when you become entitled to a Reward and can only accrue to eligible Members.

6. Rewards Points are earned at the applicable earn rate for each dollar of Membership Fees paid by the Member under the Member Terms and Conditions. Reward Points earned are subject to the exclusions set out in clauses 7 to 11. Reward Points accrue upon payment of membership fees and will be visible on your Points Record around 5 business days after a payment has been processed by SSANZ.

7. The number of Reward Points you can earn per dollar paid may depend on the type of services that the Member receives from SSANZ. SSANZ will advise you in writing of the number of Reward Points you could earn per dollar paid and any earn rate bands applicable to your Membership at the time of opening your Membership account and at any time where the number of Reward Points you could earn per dollar paid decreases or the earn rate bands change in a way which reduces your ability to earn Reward Points. SSANZ is not required to advise you in writing at any time the number of Reward Points you could earn per dollar paid increases or an earn rate band changes in a way which increases your ability to earn Reward Points. Contact us via https://sustainablesalons.org/contact-ssanz/ for the current earn rate bands and number of Reward Points earned per dollar paid. You cannot earn Reward Points if the services under the Member Terms and Conditions are suspended, or if you breach these Rewards Terms or the Member Terms and Conditions.

9. If SSANZ suspects or determines that you have acted fraudulently or are in breach of these Reward Terms, SSANZ may withdraw or cancel the Rewards Points obtained through such actions or breach.

10. SSANZ reserves the right to adjust a Member’s total Reward Points if the points have been incorrectly credited or debited for any reason.

11. SSANZ reserves the right to retract or withhold reward points to cover any outstanding payments or costs associated with the Member’s account.

12. SSANZ may refuse to award Points to Members at its sole discretion where it has reasonable grounds to suspect that the Member is acting fraudulently or is abusing the SSANZ Reward Program.

Claiming rewards

13. Reward Points can only be used to purchase Rewards listed on the SSANZ rewards shop, which can be found at www.sustainablesalons.org (Rewards Shop).

14. You must have sufficient Points to redeem rewards, and you are eligible to redeem Rewards according to the rules as outlined elsewhere in these Terms and Conditions.

15. At the time of redemption, a Member can nominate an address to which its Reward will be delivered. This address will be used in relation to that Reward and not saved to the Member account for delivery of future Rewards.

16. SSANZ and its related parties shall not be responsible for any loss caused to a Member(s) as the result of the fraudulent redemption of Rewards.

17. To the maximum extent permitted by law, Rewards cannot be changed, cancelled, or exchanged to obtain a re-credit of Rewards Points.

18. The value of a Reward in Points may change from time to time. For the purposes of any redemption or purchase, the value of a Reward will be the value specified on the SSANZ Rewards Shop at the time of redemption by the Member.

19. We will use reasonable endeavours to ensure that Rewards will be delivered to the nominated address within 28 days of receipt of order.

20. Freight and delivery costs for Rewards are included in the points value required for redemption.

21. Rewards Points or Rewards may not be purchased, and are only accumulated in the manner set out in these Rewards Terms.

22. Rewards Points may not be used or redeemed by a Member in relation to the payment of any Membership Fees. For the avoidance of doubt, this does not limit SSANZ’s right under clause 11 to use your Points to offset Membership Fees payable under the Member Terms and Conditions.

Points expiry

23. Reward Points will expire within 24 months of the next 30 June, unless extended in accordance with these Rewards Terms or agreed otherwise prior to the date for expiry. For example, if you earn a point on 12 February 2020, that point would ordinarily expire on 30 June 2022. Reward Points cannot be redeemed after they have expired.

24. Members can choose to extend their points’ validity for a further 12 months, as long as they request this extension within 30 days of points expiry and SSANZ approves this request (approval not to be unreasonably withheld).

Changes to rewards terms and conditions

25. All SSANZ Rewards Terms and Conditions are subject to change at the discretion of SSANZ. SSANZ will provide Members with 7 days’ notification of material changes to the Terms and Conditions via e-mail or on the SSANZ website.

26. Subject to clause 25, SSANZ reserves the right to change these Conditions of Use at any time. Failure to enforce a particular clause does not constitute a waiver of that term or condition by SSANZ.

27. SSANZ may exercise any right, power, or remedy in this document at its discretion and separately or concurrently with any other right, power, or remedy.

28. SSANZ reserves the right to alter the mechanism with which we issue or calculate points, provided that we give you at least 30 days’ notice of any changes. If a Member does not wish to continue participating in the Rewards program once a change takes effect, the Member may choose to opt out of the Rewards program by exercising its rights in clause 48.

29. SSANZ reserves the right to change the value of points at any time.

30. SSANZ has the right and discretion to change the types of Rewards offered or the number of Rewards Points required to obtain any Rewards through the Rewards Shop and will not be responsible for Rewards no longer being available. The Rewards Points detailed in the Rewards marketing collateral are indicative at the time of publication and are subject to alteration at any time.

What we are not liable for

Your Statutory Rights

31. Certain legislation, including the ACL, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to the provision of our services which cannot be excluded, restricted, or modified (Statutory Rights).

32. If the ACL applies to you as a consumer, nothing in these Rewards Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the goods and services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Rewards Terms.

33. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work, and goods and services are provided to you without warranties of any kind (including as to suitability or fitness for purpose), either express or implied, whether in statute, at law, or any other basis.

Our liability Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from, or connected with:
(1) your acts or omissions;
(2) any use of the Rewards Program, Reward, or services by a person other than you (including any fraudulent redemption);
(3) any works, services, goods, materials, or items which do not form part of these Rewards Terms, or which have not been provided by us;
(4) any Reward or services benefit being unavailable, or any delay in us providing our services to you (including the Rewards Points and the Reward), for whatever reason;
(5) any loss or damage to persons or property (including death); and/or
(6) any event outside of our reasonable control.

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise:
(1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to which the Liability relates to you or, in our sole discretion, to us paying you $50; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use, and/or loss or corruption of data.

SSANZ is not liable for any loss or damage suffered resulting from withholding, cancellation, or withdrawal of Rewards Points made by SSANZ in accordance with these Rewards Terms.

It is the responsibility of the Member to seek independent professional taxation advice in relation to the taxation effects arising from membership of and participation in the SSANZ Rewards program. In addition, the Member is responsible for any taxation liability (including GST) or other government fees and charges relating to membership.

Disputes

38. Any concerns, including those relating to Rewards Points earned, should be directed in writing to SSANZ and will be resolved in accordance with the dispute resolution process set out in clause 40.

39. Products cannot be returned to SSANZ if faulty. Any dispute concerning goods or services received as a Reward shall be settled between the Member and the Rewards Provider who supplied the goods or services.

40. A party may not commence court proceedings relating to any dispute, controversy, or claim arising from, or in connection with, these Rewards Terms (including any question regarding its existence, validity, or termination) without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute. If the parties cannot agree on how to resolve the Dispute at that initial meeting, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, either party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place, and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Change of circumstance

41. Where there is a material change in the partnership, ownership structure, or control of a Member entity, the Member must notify SSANZ, and SSANZ may terminate these Rewards Terms and the Member’s Rewards account. Nothing in this clause prevents a new entity from opting into the Rewards Program in accordance with these Rewards Terms.

42. Should a Member be sold, close, or become bankrupt, the Member is required to notify SSANZ in writing. Upon receipt of notification, SSANZ may terminate these Rewards Terms and the Member’s Rewards account. Where termination occurs under this clause, termination will be effective immediately, and there will be no period in which remaining Rewards Points can be redeemed by the Member.

43. Where the Member is an individual and not an entity, should the Member die, the next of kin or estate should inform SSANZ in writing. Upon receipt of notification, SSANZ may terminate these Rewards Terms and the Member’s Rewards account. Where termination occurs under this clause, termination will be effective immediately, and there will be no period in which remaining Rewards Points can be redeemed by the Member.

44. In the instance that a Member’s business name, address details, or contact details change, the Member is required to notify SSANZ, and adjustments will be made to the Member’s Rewards Account.

Rewards points are not property

45. Rewards Points are not property and may not be transferred or sold to any other person or entity.

46. Rewards Points are not redeemable for cash.

Program termination or Program exit

47. SSANZ reserves the right to terminate these Rewards Terms and close a Member’s Rewards Program account upon giving 30 days’ notice to the Member. If such termination is exercised, Members must redeem any remaining Rewards Points between the date of the notice and the date of termination. Points accrued but not redeemed as at the time of termination will be forfeited.

48. A Member may opt out or choose to terminate these Rewards Terms and close their Rewards Program account at any time. Where a Member chooses to do this, they must advise SSANZ in writing. Such termination will take effect 30 days from the date of notice, and Members must redeem any remaining Rewards Points prior to the termination taking effect. Points accrued but not redeemed as at the time of termination will be forfeited.

49. Once notice to terminate has been issued by either party under clause 47 or 48, no further Rewards Points can be earned by the Member between the time the notice is issued and the termination date.

50. On termination or expiry of these Rewards Terms, all services provided in connection with these Rewards Terms will cease.

Privacy and communication

51. Personal details that a Member shares with SSANZ at the time of agreeing to participate in the Rewards Program, or while participating in the Reward Program, or which SSANZ receives from a third party in providing a Reward or services under these Rewards Terms to a Member, will be considered personal information and we will handle this personal information in accordance with our Privacy Policy, available https://sustainablesalons.org/privacy_policy.

52. By accepting these Rewards Terms a Member’s marketing preferences will be reset, and each Member consents to receiving SSANZ’s Member content via email, which includes special offers, invitation to competitions, the latest news and sustainability tips (Membership Content). This applies even if a Member has previously opted out of receiving direct marketing. You may opt out of receiving marketing, including Membership Content, at any time by contacting us via https://sustainablesalons.org/contact-ssanz/.

53. At the time of redeeming the Reward, SSANZ may require a Member to disclose personal information to verify their identity. This may include asking a Member to recite personal information such as their email address, mailing address and telephone number.

54. You can make enquiries about SSANZ Rewards including Rewards Point balances and claiming your Rewards in writing to SSANZ via https://sustainablesalons.org/contact-ssanz/.

Intellectual property rights

All intellectual property (including copyright) developed, adapted, modified, or created by SSANZ or our personnel, including but not limited to SSANZ Membership Content, and all other materials will at all times vest, or remain vested, in SSANZ.

SSANZ gives Members a limited, revocable, non-transferable license to use, for their personal use, any materials or other content that SSANZ provides to Members as part of SSANZ’s Membership Content.

Unless otherwise agreed to by SSANZ, Members must not, without SSANZ’s prior written consent:
(a) copy or use, in whole or in part, any of our intellectual property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of our intellectual property to any third party, including on social media (unless expressly specified by us otherwise); or
(c) breach any intellectual property rights connected with the Membership Content, including (without limitation) altering or modifying any of our intellectual property, causing any of our intellectual property to be framed or embedded in another website, or creating derivative works from any of our intellectual property.

General

Assignment: Members must not assign or deal with the whole or any part of their rights or obligations under these Rewards Terms without our prior written consent (such consent is not to be unreasonably withheld). SSANZ, however, does not require a Member’s consent to assign or deal with all or part of any part of its rights or obligations under these Rewards Terms.

Entire agreement: These Rewards Terms contain the entire understanding between the Parties and supersede all previous discussions, communications, negotiations, understandings, representations, warranties, commitments, and agreements in respect to its subject matter.

Governing law: These Rewards Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Rewards Terms must be in writing addressed to the relevant address last notified by the recipient to the parties. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post or at the time of transmission in the case of transmission by email.

Severance: If a provision of these Rewards Terms is held to be void, invalid, illegal, or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Rewards Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Rewards Terms.

Survival: Clauses 31-37, 38-40, 50, 55-57 will survive the expiry or termination of these Rewards Terms.

Definitions

• In these Rewards Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Members Terms and Conditions, and:
• Business Day means a weekday including local public holidays but excluding holidays observed on a national basis.
• Earn Rate means the number of Reward Points (including fractions of Reward Points) you will earn for each dollar spent on eligible payments.
• Member means an entity that is a party to the Member Terms and Conditions and has, under that agreement, opted in as a Rewards Member.
• Member Terms and Conditions means the terms by that name agreed between the Member and SSANZ to which these Rewards Terms attach.
• Points Record means a record in relation to a Membership account for the purpose of determining when you become entitled to claim a reward.
• Reward means those rewards listed on the SSANZ Rewards Shop.
• Rewards Points or Points means points that can be earned by Members as set out in these Rewards Terms.
• Rewards Program has the meaning given in clause 1.
• Rewards Provider means any provider of a Reward in the Rewards Shop.
• Rewards Shop has the meaning given in clause 13.
• Rewards Terms have the meaning given in clause 1.
• SSANZ has the meaning given in clause 1.

For any questions please contact us here

Last update: 29 May 2023