61 Financial Information Technology Pty Ltd
These terms and conditions (61Rewards Terms) are between you (you) and 61 Financial Information Technology Pty Ltd ACN 618 439 820 (we, our, us or 61 Financial) and form part of our. These 61Rewards Terms and our Website Terms govern your participation in 61Rewards. By creating a user account on our Website, you are automatically enrolled in 61Rewards, and you agree to be bound by and abide by these 61Rewards Terms.
1. Website terms
1.1 If there is any inconsistency between the Website Terms and these 61Rewards Terms in connection with your participation in 61Rewards, these 61Rewards Terms will prevail to the extent of the inconsistency.
2.1 Unless defined otherwise, all terms in these 61Rewards Terms have the meaning given in the Website Terms, and:
(a) $ means Australian dollars, the lawful currency of Australia.
(b) 61Points means the points which may be earned, purchased or used by Eligible Participants in accordance with these 61Rewards Terms.
(c) 61Rewards means the loyalty program known as '61Rewards', pursuant to which Eligible Participants can earn or purchase 61Points to redeem Rewards.
(d) Eligible Participant means:
(i) an individual who holds a user account on our Website in their own personal capacity; or
(ii) an individual who holds a user account on our Website on behalf of a company or other organisation and has been duly verified in accordance with section 4.7.
(e) Promotion has the meaning given in section 6.1.
(f) Rewards means the goods or services which an Eligible Participant may acquire by redeeming 61Points.
(g) Rewards Supplier means any supplier who provides a Reward.
3.1 Except where the context requires otherwise, the interpretation provisions set out in the Website Terms apply to these 61Rewards Terms as if set out in full in these 61Rewards Terms (except that any references to the Website Terms will be read in these 61Rewards Terms as references to these 61Rewards Terms).
4. PARTICIPATION IN 61REWARDS
4.1 You will need to create a user account via the Website in order to participate in 61Rewards.
4.2 When creating a user account, you must provide accurate, complete and up-to-date information as requested on the registration page. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your user account.
4.3 By creating a user account, you consent to us sending you emails regarding your use of 61Rewards.
4.4 You are not required to pay a joining fee or any ongoing fee in order to participate in 61Rewards.
(a) comply with all applicable laws and all reasonable directions issued by us regarding participation in 61Rewards;
(b) not use 61Points:
(i) in any way that constitutes misuse or resale of 61Points or any associated materials; or
(ii) for an illegal purpose or a purpose not authorised under these 61Rewards Terms,
and you must not permit any third party to do any of the things listed in this section 4.5.
4.6 You acknowledge and agree that:
(a) you are solely responsible for all activities that occur on your 61Rewards user account;
(b) your password is confidential;
(c) we own all intellectual property rights in and to 61Points and 61Rewards (including the words '61Points' and '61Rewards') and you will not do anything that may infringe our intellectual property rights (including trade marks and copyright);
(d) to the extent permitted by law, 61Rewards and the services provided or made available through the Website are made available to you on an 'as is' and 'as available' basis;
(e) Reward Suppliers do not have any authority to make any representation, warranty or statement on our behalf;
(f) any comments, suggestions, representations or recommendations you may receive from us with respect to 61Rewards (including via the Website or from any of our personnel) may not be suitable, accurate or complete and you must not rely on them in a way which may give rise to any loss or damage. If you intend to rely on anything in connection with 61Rewards, your reliance should be based solely on your own judgment including as to the extent to which you should obtain or use 61Points; and
(g) any comments, suggestions, representations or recommendations you may receive from us with respect to 61Rewards (including via the Website or any of our personnel) will not constitute financial product advice, general advice or personal advice.
(a) you agree to be bound by, and abide by, these 61Rewards Terms and the Website Terms in your own personal capacity; and
(b) you warrant that the company or organisation has submitted a valid verification form to us which authorises you to create a user account and participate in 61Rewards on its behalf.
(a) cannot be converted to or exchanged for cash;
(b) can only be:
(i) earned by an Eligible Participant in accordance with these 61Rewards Terms;
(ii) purchased by an Eligible Participant in accordance with section 7; and
(iii) redeemed to acquire up to a maximum monetary value of $5,000;
(c) are non-transferrable; and
(d) if earned as a result of participating in a Promotion, may be credited only to the Eligible Participant who participated in that Promotion and in accordance with the Promotion Terms.
5.2 You may check the number of 61Points you have earned or purchased via your user account.
(a) acknowledge and agree that each Promotion may be governed by additional terms and conditions (Promotion Terms); and
(b) must comply with those Promotion Terms.
These 61Rewards Terms prevail over the Promotion Terms to the extent of any inconsistency (except to the extent that the Promotion Terms expressly specify that the Promotion Terms prevail).
7.1 We may provide you with the opportunity to purchase 61Points via our Website from time to time, but are under no obligation to do so. These payments are processed by third party service providers and we accept no liability for any loss or damage you may suffer or incur as a result of using these payment methods. You should review the terms and conditions of the applicable third party service provider before using their services. We will only accept payments in Australian dollars.
7.2 The monetary amount payable to purchase 61Points will be published on our Website and may be changed from time to time at our discretion.
7.3 Each purchase of 61Points must be for a minimum of 1,000 61Points and a maximum of 60,000 61Points.
7.4 We will use reasonable efforts to ensure that the 61Points you purchase will be credited to your user account within 24 hours. 61Points will not be credited to your account (or if already credited, will be cancelled) if there has been a failure to process your payment.
8. NO REFUND FOR CHANGE OF MIND
We are under no obligation to provide you with a refund of any part of the amount paid to us for the purchase of 61Points if you have simply changed your mind.
9. USING 61POINTS FOR REWARDS
9.1 You may use your 61Points to redeem Rewards via our Website.
9.2 The amount of 61Points payable to redeem Rewards is published on our Website and may be changed from time to time at our discretion.
9.3 You can only use 61Points to redeem a Reward up to a maximum monetary value of $5,000 where you have sufficient 61Points in your account to pay the price published on our Website.
9.4 Once you have confirmed your selection of a Reward on our Website:
(a) the 61Points payable to redeem that Reward will be deducted from the balance held in your user account;
(b) the amount deducted will not be refunded under any circumstances; and
(c) such selection is final, and you are not permitted to exchange the selected Reward for a different Reward.
9.5 The redeemed Reward will be made available to you in person or sent to you at the address recorded in your account. You acknowledge and agree that, once redeemed, Rewards cannot be replaced if lost, stolen or otherwise destroyed.
9.6 We may, at any time in our absolute discretion, and without prior notice to you:
(a) add new Rewards; and/or
(b) withdraw, limit, modify, cancel or increase the continued availability of any Reward,
however, doing any of these things will not affect any Rewards that you have already redeemed.
9.7 Separate terms and conditions may apply to the supply of the Rewards. You should review these terms and conditions before using your 61Points to redeem these Rewards.
9.8 Subject to section 15, we make no warranties or representations (whether express or implied), and we will not be responsible for any liability (including for consequential loss) with respect to the availability, quality, standard, acceptability, fitness for purpose or suitability of any:
(a) Reward; or
(b) goods or services provided by a Rewards Supplier.
Any warranty or claims should be directed to the relevant Rewards Supplier.
9.9 Despite section 9.8, we will use reasonable endeavours to ensure all Rewards advertised on our Website are available in a reasonable quantity.
10. EXPIRY OF 61POINTS
10.1 Your 61Points will expire upon:
(b) the expiration of the period of validity (if any) that applies to the 61Points. This timeframe may be specified in the terms and conditions which applied to the earning or purchase of the 61Points (eg the Promotion Terms),
whichever is earlier.
10.2 61Points will not be re-credited to your user account once they have expired.
11. CLOSING YOUR ACCOUNT
11.1 You may close your user account at any time by sending an email to email@example.com.
11.2 Without prejudice to any other rights or remedies that we may have against you under these 61Rewards Terms, the Website Terms or at law, if:
(b) we reasonably consider that you have engaged in fraud,
we may, by written notice to you, and with immediate effect:
(c) suspend or terminate the supply of any Reward which you have redeemed;
(d) cancel the 61Points which have been credited to your user account;
(e) suspend your access to your user account;
(f) suspend your ability to earn, purchase or use 61Points;
(g) terminate these 61Rewards Terms and disable your access to your user account, our Website and/or our Services; and/or
(h) close your user account.
(a) once your user account is closed, all of your 61Points will expire; and
(b) you will not be entitled to a refund or any other compensation in relation to the balance of 61Points which you held prior to the closure of your user account.
12. SUSPENSION AND TERMINATION
(b) close your user account (in which case, section 11.3 will apply),
and terminate these 61Rewards Terms by giving you not less than 14 days written notice.
12.2 We may, in our absolute discretion, temporarily suspend 61Rewards, your access to your account, your ability to earn, purchase or use 61Points from time to time or the supply of any Reward which you have redeemed. We will endeavour to give you reasonable notice if we do so.
12.3 If we exercise our rights under section 12.1(a):
(a) you may no longer earn or purchase 61Points from the date specified in our notice;
(b) all of your 61Points must be used within the timeframe specified in the notice (which shall be not less than 3 months of the date of that notice).
We do not accept responsibility for, and make no representation concerning, your tax liability as a result of your participation in 61Rewards or from using any of your 61Points or goods and services, or other facility available under or in connection with 61Rewards. You are solely responsible for any taxes, GST, duties, levies, fees or other charges levied (including payment of all taxes levied by us) or imposed arising from, as a result of, or in connection with your participation in 61Rewards, the accumulation of 61Points, the use of 61Points or any other available benefits. We recommend that you consult your accountant or tax adviser regarding possible tax implications, if any, relating to your participation in 61Rewards.
To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these 61Rewards Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these 61Rewards Terms to be void (Non-excludable Obligations).
Except in relation to Non-excludable Obligations, and to the extent permitted by law:
(a) we expressly exclude all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us; and
(b) our liability to you arising directly or indirectly under or in any way connected with 61Rewards or the performance or non-performance of these 61Rewards Terms (and whether arising under any statute, in tort (for negligence or otherwise), or on any other basis in law or equity), is limited as follows:
(i) we will not be liable to you for loss of profit or business revenue, reputation, goodwill, business or business contracts, use, anticipated savings, loss or corruption or destruction of data, loss arising from the transmission of viruses or any costs, damages or claims (whether direct or indirect), or any indirect or consequential loss or damage suffered or incurred by you (including any liability incurred to a third party) including as a result of any negligence of ours and whether or not we were advised in advance of the possibility of such loss or damage, as a result of any fraudulent use, misuse or misappropriation of any user account, as a result of any act committed by another person in connection with your participation in 61Rewards or as a result of the events specified in sections 15(b)(ii)(A) to 15(b)(ii)(G).
(ii) we will not be liable for any loss or damage suffered or incurred by you arising out of or in connection with your participation in 61Rewards, including without limitation arising out of or in connection with:
(B) any act, error or omission of any Rewards Supplier (including any non-issuance of a good or service in relation to a Reward or delay in supplying a good or service, or otherwise not providing a good or service in accordance with the Reward Supplier's terms and conditions applicable to a Reward);
(C) any act, error or omission by us in the course of providing 61Rewards;
(D) any suspension and/or termination of 61Rewards, including your ability you to earn and redeem 61 Points;
(E) any tax liability incurred by you;
(F) any disruption to or unavailability of 61Rewards; or
(iii) while we undertake to implement reasonable security arrangements in respect of our access to your information technology systems, to the extent permitted by law we will not be liable for any loss or damage suffered or incurred by you arising out of any access by us (including our employees and agents) to your information technology systems; and
(iv) our total aggregate liability under or in any way connected with 61Rewards is otherwise limited to the greater of:
(A) the total amount paid by you to us to purchase 61Points during the 12 months immediately prior to the date on which the claim giving rise to the relevant liability arose; and
You indemnify and undertake to keep indemnified us against any and all liability, loss, damage, cost or expense (including reasonable legal costs) suffered or incurred by us as a result of the use of 61Rewards by you or any person using your user account in breach of these 61Rewards Terms.
17. VARIATION TO THESE 61REWARDS TERMS
17.1 We may change these 61Rewards Terms from time to time, including by:
(a) varying the manner in which 61Points are calculated or earned;
(b) changing the 61Points required to Redeem Rewards;
(c) introducing a cap on the amount of 61Points that you may earn;
(d) establishing additional ways for you to earn 61Points;
(e) cancelling any or all of the recognised ways you can earn 61Points; and
17.2 If we reasonably consider that the change is likely to:
(a) benefit you or have a neutral or minor detrimental impact on you, we may change these 61Rewards Terms by making such changes immediately without notifying you except by publishing these 61Rewards Terms (as amended) via the Website; or
(b) have a significant detrimental impact on you, we will make such changes to these 61Rewards Terms no sooner than 10 days after we have notified you of those changes via email.
17.3 If you do not accept a change made by us to these 61Rewards Terms:
(b) you should tell us in that email whether you wish to spend your remaining 61Points. Otherwise, they will expire upon closure of your user account.
18.2 You agree that we may provide certain of your personal information to our Rewards Suppliers and other contractors and agents engaged by us for the purpose of administering 61Rewards.
18.3 You acknowledge and agree that we may assign any of our rights, or novate or otherwise deal with any of its rights or obligations, under these 61Rewards Terms by notice to you. You must, at no cost to us, promptly execute any documents necessary, desirable or convenient to give effect to this. You are not permitted to assign your rights under these 61Rewards Terms without our express written consent.
18.4 If a provision of these 61Rewards Terms is invalid or unenforceable, it may be severed from these 61Rewards Terms, and the remaining provisions of these 61Rewards Terms will continue in force.
18.5 Sections 13, 14, 15, 18 and any other section by its nature intended to survive termination of these 61Rewards Terms will survive termination of these 61Rewards Terms.
18.6 These 61Rewards Terms are to be construed in accordance with, and are governed by, the laws of Victoria, Australia. By participating in 61Rewards you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute relating to 61Rewards.
If you have any questions about these 61Rewards Terms (including your privacy rights) or would like to lodge a complaint, you can contact us at:
61 Financial Information Technology Pty Ltd
Suite 19, 40-42 Montclair Avenue
Glen Waverley VIC 3150
Or by email to: firstname.lastname@example.org