1. Definitions
In these Terms and Conditions:
“Card” means a Loyalty card issued pursuant to this Program;
“Member” means an individual who is an Australian resident whose application to take part in the Program is accepted and approved in writing by Kaisercraft;
“Membership” means membership in this Program.
“Program” means the Kaisercraft Loyalty Program operated pursuant to these Terms and Conditions by Kaisercraft;
“Kaisercraft” means Kaisercraft Pty Ltd ABN 78 097 249 100 of 2 Bayldon Court, Breakwater VIC 3219 Australia.
“Website” means www.kaisercraft.com.au or such other website as notified by Kaisercraft from time to time.
“Kaisercraft Customer Service” means the Kaisercraft Customer Service Centre, telephone 03 5240 2000 or email sales@kaisercraft.com.au, located at 2 Bayldon Court, Breakwater VIC 3219 Australia.
2. Acceptance of Terms
By joining or using the Program, each Member accepts and agrees to be bound by these Terms and Conditions and any variations made from time to time by Kaisercraft.
3. Changes to the Program
Kaisercraft may at its absolute discretion at any time and without notice or giving reasons for its decision amend any component of the Loyalty Program and its associated benefits. Kaisercraft is not liable to any Member for any injury, loss or damage in these circumstances.
4. Inactive Memberships
Notwithstanding any other provision in these Terms and Conditions, Kaisercraft may terminate, suspend, deactivate and/or archive your membership if you have not transacted with or used your card/membership account for any 24-month period.
Kaisercraft does not warrant that your Membership details will be kept and/or can be retrieved in the event that your Membership is terminated, suspended, deactivated and/or archived pursuant to this clause. However, you may be eligible to reapply for a new membership, subject to the Terms and Conditions of the Program at the applicable time.
5. Availability of Program
Kaisercraft gives no warranty as to the continuing availability of the Program. Kaisercraft may, in its absolute discretion, at any time cancel or suspend the Program in whole or in part.
6. Eligibility
Membership in the Program is only open to individuals who reside in Australia and is subject to acceptance and approval of application by Kaisercraft.
Memberships are only established on receipt, acceptance and approval of the original application of the Member by Kaisercraft. Kaisercraft may refuse any application at its absolute discretion.
7. Exclusions
Employees of Kaisercraft and Kaisercraft Wholesale account holders may not join the Loyalty Program.
8. Card Ownership and Replacement
Each card shall remain the property of Kaisercraft. The card is not a credit or payment card.
The card may only be used in selected Kaisercraft outlets.
Any lost card may, at the discretion of Kaisercraft, be replaced. A Member must notify Kaisercraft immediately if their card is stolen or lost. Kaisercraft is not liable for any delay in replacing a card.
9. Responsibility for Card Use
The Member is responsible for the safekeeping of their card and Kaisercraft will not be liable for any unauthorised use of a card.
The Member shall be responsible and liable for any use of the card by anyone other than that Member.
The Member will be responsible for contacting Kaisercraft Customer Service if they discover any unauthorised activity.
10. Use of Membership Card
The Member’s card can only be used by the Member and is not transferable.
The Member’s card can only be used on presentation to Kaisercraft and must be accompanied by adequate personal identification as determined by Kaisercraft at its sole discretion.
11. Membership Benefits
Kaisercraft shall determine Membership entitlements at its sole discretion, which may include, without limitation:
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Communication from Kaisercraft
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Information in relation to the Program
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Exclusive Member competitions
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Regular email and/or SMS updates
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Catalogue previews
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Special promotional offers at Kaisercraft stores
Nothing shall prevent Kaisercraft, at its sole discretion, from offering promotional offers to individuals who are not Members, changing Membership entitlements, adding Membership entitlements, or removing Membership entitlements.
12. Excluded Products and Services
Kaisercraft reserves the right to exclude certain products and services from the Program.
These products and services include, but are not limited to:
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Charitable products
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Postage and freight
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Handling charges
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Gift cards
13. Availability of Benefits
Kaisercraft does not warrant in any way that any discounts or benefits for Members will be available at any particular time or place.
14. Membership Activation
Membership is considered activated once the Member’s profile has been fully completed in-store or online.
15. Indemnity
The Member hereby irrevocably holds harmless Kaisercraft Pty Ltd, its related bodies corporate, employees, directors, suppliers and agencies from all claims, suits, demands, actions and proceedings which the Member has or may in the future have against Kaisercraft Pty Ltd, its related bodies corporate, employees, directors, suppliers and agencies.
The Member shall indemnify and release Kaisercraft Pty Ltd, its related bodies corporate, employees, suppliers, directors, related companies and agencies from all claims for damages or otherwise arising out of this Program to the full extent permitted by law, except where liability arises due to the wilful default and/or negligence of Kaisercraft Pty Ltd.
The term “related bodies corporate” has the meaning given to the term under the Corporations Act 2001 (Cth).
16. Technical Issues
To the extent permitted by law, Kaisercraft will not be liable for any delays, disruptions, omissions or errors in the operation of the Program, including technical or mechanical malfunctions, and will not be liable for any loss caused by such delays, disruptions, omissions or errors.
17. Limitation of Liability
To the extent permitted by law, Kaisercraft Pty Ltd, its related bodies corporate, employees, directors, suppliers and agencies are not liable for any loss or damage suffered by Members resulting from withdrawals, cancellations, variations or changes permitted under these Terms and Conditions.
18. Breach of Terms
Without limiting any rights available to Kaisercraft under these Terms and Conditions or at law, if a Member breaches these Terms and Conditions or acts fraudulently, Kaisercraft may cancel the Member’s Membership.
Any Member whose Membership is cancelled may no longer access Member promotional offers or any other related benefits.
19. Severability and Governing Law
If any clause of these Terms, or any part of any clause, is or becomes illegal, invalid or unenforceable, that part shall be severed and the remainder of the Terms shall continue in force.
Terms importing the singular include the plural and vice versa.
The words “include”, “including” and similar expressions are to be construed without limitation.
References to persons include incorporated entities.
These Terms are governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia.
20. Privacy
Kaisercraft and/or its agents collect the Member’s personal information in order to operate the Program.
If this information is not provided, the Member may not participate in the Program.
By making an application, unless otherwise advised, the Member consents and authorises Kaisercraft and any third party (including related bodies corporate, agents and contractors) to use this personal information for the purpose of conducting the Program.
In addition, this personal information and any other information obtained through the Program may be used by Kaisercraft and related bodies corporate for future marketing, promotional, research, product development and planning purposes in any form of media, including electronic communications where permitted by law.
21. Previous Terms and Conditions
For the avoidance of doubt, these Terms and Conditions supersede and replace any and all previous Terms and Conditions in connection with the Loyalty Program.
