Jumbo Rewards - Online Rewards made easy!

Last updated: 2008-08-19 09:58:46

JUMBO REWARDS MEMBER TERMS & CONDITIONS

Introduction
Definitions
Changes
Eligibility for Membership
Member Obligations and Responsibilities
Advertising and Promotions
Reward Points and Rewards
Reward Points Redemption - Lotteries
Reward Partners
Communications
Activity Statements
Inactive Accounts
Disclaimer
Termination
Jurisdiction
Personal Information/Privacy
No Guarantee
GST

INTRODUCTION
1. Jumbo has developed and operates a program called Jumbo Rewards which allows Members to receive rewards and incentives for participating in various activities, including shopping online, completing surveys and receiving advertising emails.
2. These Terms and Conditions form the basis of Jumbo Rewards. They are intended to protect both Members and Jumbo. It is the Member's responsibility to read and understand them.
3. By applying to join Jumbo Rewards, the Member acknowledges having read and understood these Terms and Conditions and agrees to be bound by these Terms and Conditions, if the Member's application for Membership is successful.
4. These Terms and Conditions are effective as at the date of publication (29 October 2007) and may be amended by Jumbo from time to time. Current Terms and Conditions are available at the Jumbo Rewards website.
5. Every Member is subject to these Terms and Conditions.
DEFINITIONS
'Activity' for the purposes of clause 11 of these Terms and Conditions, means:
1. Logging in to the Member's account
2. Clicking on an email sent from Jumbo
3. Participating in a Jumbo Rewards survey
4. Interacting with Jumbo in a way in which Jumbo can detect the Member is using the Jumbo Rewards website and its associated features.
'Available Reward Points' means Reward Points classified or designated by Jumbo as 'available' in the Member's account.

'Eligible Action' means the actions or activities listed from time to time under the heading 'eligible action' in the Points Earn Schedule.

'GST' means the goods and services tax under the GST Act and the terms used in these Terms and Conditions have the meanings as defined in the GST Act.

'GST Act' means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

'Jumbo' means Jumbo Interactive Pty Ltd ABN 78 125 816 659 of Level 1, 351 William Street, West Melbourne, Victoria.

'Jumbo Rewards' means the rewards program operated by Jumbo on these Terms and Conditions.

'Jumbo Rewards website' means the website accessible via http://www.jumborewards.com.au.

'Member' means a person who is a member of Jumbo Rewards.

'Membership' means membership of Jumbo Rewards.

'Ozlotteries.com' means the online lottery provider operating from the website http://www.ozlotteries.com.

'Points Earn Schedule' means the schedule with the title 'Points Earn Schedule' located on the Jumbo Rewards website at http://www.jumborewards.com.au/points_earn/schedule.

'Redemption Schedule' means the schedule with the title 'Redemption Schedule' located on the Jumbo Rewards website at http://www.jumborewards.com.au/redeem.

'Reward' means the various rewards listed from time to time under the heading 'Rewards' in the Redemption Schedule.

'Reward Partner' means an owner and/or operator of a website/business which advertises products and/or services on the Jumbo Rewards website.

'Reward Points' means Points awarded to Members in Jumbo Rewards pursuant to these Terms and Conditions.

'Terms and Conditions' means these Terms and Conditions, including all schedules and attachments.
CHANGES
1. Jumbo has the right at any time to make any changes (whether material or otherwise) to the Jumbo Rewards program, these Terms and Conditions, and the rewards and benefits offered to Members. Any of these changes may be made by Jumbo even if they affect Reward Points which Members have already received.
2. Changes may include, for example, a change to:
  1. The ways in which Reward Points are awarded and redeemed;
  2. Reward Points earning and redeeming rates;
  3. Redemption methods;
  4. Membership level requirements and benefits;
  5. Activity Tracking procedures;
  6. The expiry of accrued Reward Points;
3. Jumbo will use its best efforts to notify Members of any changes but shall not be liable in any way for failure to do so.
4. Without limiting this clause 3 in any way, Members will be deemed to have received the notice referred to in clause 3.3 if Jumbo notifies Members of the change by:
  1. providing notice at the address or email address provided to Jumbo by the Member; or
  2. by posting details of the changes on the Jumbo Rewards website.
5. Members will be deemed to be bound by any change when Jumbo notifies members of the change.
ELIGIBILITY FOR MEMBERSHIP
1. Membership of Jumbo Rewards is open only to individuals who are Australian residents and who are 18 years of age or older.
2. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.
3. Persons wishing to become Members must apply for Membership. Membership is offered at the discretion of Jumbo. Jumbo has the right, at its sole discretion, to accept or reject any application for Membership.
4. Membership to Jumbo Rewards is only available via the Jumbo Rewards website.
5. Each Member may have only one Membership, and any duplicate Membership detected will be terminated.
6. Membership is free and there is no charge to join Jumbo Rewards.
MEMBER OBLIGATIONS AND RESPONSIBILITIES
1. Members must not:
  1. act in any way which breaches these Terms and Conditions; or
  2. abuse or misuse Jumbo Rewards, any rewards, benefits, facilities, services or arrangements accorded to the Member as a result of Membership including by:
    1. engaging in illegal or fraudulent activities;
    2. supplying or attempting to supply false or misleading information, or making a misrepresentation to Jumbo or any Reward Partner;
    3. selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward, benefit or Reward Points other than in accordance with these Terms and Conditions;
    4. acting in a hostile, abusive or aggressive way towards Jumbo staff;
2. Members must advise Jumbo of any change of email address, or other details as soon as practicable after the change. Changes to Member details should be made via the Member's account at the Jumbo Rewards website where a facility exists to manage personal details.
3. Each Member is responsible for regularly checking their account and must notify Jumbo of any omissions, incorrect entries or other discrepancies within thirty days of a transaction occurring. Jumbo reserves the right to require proof of earning from the Member, including, for example, copies of order receipts for orders claimed to have been placed.
4. Members are responsible for regularly checking the Jumbo Reward's website for any changes made under clause 3 of these Terms and Conditions. This is important because of the deeming provisions contained in clauses 3.4 and 3.5 of these Terms and Conditions.
ADVERTISING AND PROMOTIONS
1. By being a member of Jumbo Rewards, the Member acknowledges that Jumbo will send the Member advertising material promoting 3rd party offers and Jumbo Rewards promotions.
2. The Member may choose at any time to limit or opt out of advertising and promotions by editing the Member's profile within the Member's Jumbo Rewards account, or by using the unsubscribe link listed within promotional emails.
REWARD POINTS AND REWARDS
1. Reward Points are awarded to Members for an Eligible Action taken by the Member.
2. The rate at which Reward Points are awarded to Members for each Eligible Action is listed in the Point Earn Schedule.
3. Available Reward Points can be redeemed for a number of Rewards listed on the Redemption Schedule. The Redemption Schedule lists each Reward and the corresponding amount of Reward Points required to be eligible to claim that Reward. Jumbo reserves the right to set the amount of Reward Points required for each Reward.
4. In order for Reward Points to be tracked and credited to a Member's account, the Member agrees to have cookies turned on within the Member's Internet Browser.
5. Jumbo will not be responsible for any delay or failure to credit Reward Points to the Member's account or to classify the Reward Points as Available Reward Points.
6. It is the Member's responsibility to check if Rewards Points have been credited and that transactions in the Member's account are accurate. If the Member discovers any inaccuracy, it is the Member's responsibility to notify Jumbo.
7. Jumbo reserves the right at any time to amend the status of (ie. classify as available), reverse or cancel any Reward Points credited to a Member's account incorrectly, or not in accordance with, or in breach of, the Terms and Conditions.
8. Reward Points are not property, and have no cash value, can only be redeemed for Rewards and are not convertible into cash or any other consideration.
9. Reward Points are used only to record the Member's entitlement to redeem a Reward in accordance with these Terms and Conditions.
10. Reward Points and Rewards may not be transferred, sold, bequeathed or inherited.
11. Reward Points are not redeemable in the event:
  1. Jumbo ceases to carry on business;
  2. the Jumbo Rewards program ceases to operate, for whatever reason;
  3. the Jumbo Rewards program is sold or assigned;
  4. Jumbo is wound up or a receiver or administrator is appointed to Jumbo.
REWARD POINTS REDEMPTION - LOTTERIES
1. Subject to these Terms and Conditions, Members are able to redeem Available Reward Points for lottery tickets in lottery games provided through Jumbo's lottery partner Ozlotteries.com, an online lottery provider.
2. In order to take advantage of the option to redeem Available Reward Points for lottery tickets in lottery games provided through Ozlotteries.com, the Member will need to become a member of and have an account with Ozlotteries.com.
3. If a Member is not already an Ozlotteries.com member and does not have an account with Ozlotteries.com, that Member can apply for membership of and obtain an account with Ozlotteries.com as part of the redemption process.
4. If a Member is already an Ozlotteries.com member and has an account with Ozlotteries.com, that Member is able to utilize that Ozlotteries.com membership and account for the purpose of obtaining lottery tickets with redeemed Available Reward Points.
5. In the Reward Lotto section of the Jumbo Rewards website, a Member will be able to select the lottery game the Member wishes to obtain lottery tickets in.
6. Upon redemption of the requisite number of Available Reward Points required for the particular lottery ticket(s) in the lottery game as requested by the Member, then that Member's elected Ozlotteries.com account is credited with sufficient funds to obtain the lottery ticket(s) requested by the Member.
7. Jumbo will assist Members in using the credit in the Member's elected Ozlotteries.com account to acquire the lottery ticket(s) requested via a series of web forms on the Jumbo Rewards website which will enable the Member to place a lottery ticket entry.
8. Members acknowledge that it is Ozlotteries.com, and not Jumbo, which is responsible for the placement, confirmation and management of lottery ticket entries.
9. Members acknowledge and agree that it is Ozlotteries.com, and not Jumbo, which is responsible for the payment of all prizes in respect of winning lottery tickets.
10. Members acknowledge and agree that all lottery tickets acquired are subject to the Ozlotteries.com terms and conditions.
11. Jumbo does not control the acquisition of lottery tickets and no warranties, guarantees or representations are given to Members that the process of redeeming Available Reward Points for lottery tickets in lottery games provided through Ozlotteries.com as outlined above will be successful or that a lottery ticket entry will be placed in time, if ever, as part of the redemption process.
12. Members acknowledge that there is always a risk that redemption of a Member's Available Reward Points may not result in a successful credit to that Member's elected Ozlotteries.com account, or that whilst redemption of a Member's Available Reward Points may result in a successful credit to that Member's elected Ozlotteries.com account, Ozlotteries.com may not be able to acquire a lottery ticket entry on the Member's behalf, and that Members are bearing those risks irrespective of the reason(s) for those events and have no recourse against Jumbo or Ozlotteries.com other than as provided in the next two sub-clauses.
13. If redemption of a Member's Available Reward Points does not, for any reason whatsoever, result in a successful credit to that Member's elected Ozlotteries.com account, then those points will be credited back to the Member's Jumbo Rewards account, the Member is free to redeem those points via the same or other methods in accordance with these Terms and Conditions and the Member has no other rights, claims or remedies whatsoever against Jumbo in respect of the unsuccessful credit.
14. If redemption of a Member's Available Reward Points does result in a successful credit to that Member's elected Ozlotteries.com account, and for any reason whatsoever, Ozlotteries.com is unable to acquire a lottery ticket entry on the Member's behalf, then the Member is not entitled to have those points credited back to the Member's Jumbo Rewards account, but instead the Member's elected Ozlotteries.com account will be credited with funds equivalent to the value of the lottery ticket(s) the Member attempted to obtain, the Member is then free to use those re-credited funds to purchase other lottery tickets through Ozlotteries.com or withdraw those funds from their elected Ozlotteries.com account in accordance with th Ozlotteries.com terms and conditions and the Member has no other rights, claim or remedies whatsoever against Jumbo or Ozlotteries.com in respect of unsuccessful lottery ticket entry.
REWARD PARTNERS
1. The Member acknowledges that Jumbo acts as a referral agent of Reward Partners and is not responsible for the quality of goods and/or service purchased. Any false claims will result in termination of Membership.
2. To earn Reward Points for shopping with Reward Partners, the Member must visit the Reward Partner's website via clicking on their designated shopping link on the Jumbo Rewards website. Visiting a Reward Partner direct without clicking via the Jumbo Rewards website may result in delay or non allocation of Reward Points.
3. Jumbo is not responsible for awarding Reward Points to a Member when failure of a tracking system results in Jumbo not receiving commissions from the Reward Partner.
4. Reward Partners do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Jumbo and Jumbo accepts no liability in respect of such representations, warranties or statements.
5. Jumbo makes no express or implied warranties or representations with respect to any of the products and services of Rewards Partners including without limitation, any warranties of fitness for purpose, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage.
6. The Member acknowledges that all Reward Partners' advertising on the Jumbo Rewards website is not a recommendation or endorsement by Jumbo, its officers, employees or agents and the Member further acknowledges that the Reward Partner is solely responsible to the Member for the delivery of any goods and/or services purchased by the Member from the Reward Partner.
COMMUNICATIONS
1. Jumbo provides a number of opportunities for Members to publish information on the Jumbo Rewards website, by way of forums, chat, member profile pages, member messaging and other interactive activities.
2. It is a condition of Membership that the Member shall not:
  1. Post or transmit any material which is unlawful, abusive, defamatory, pornographic, profane or incites hatred, including racist or derogatory remarks;
  2. Post or transmit any material which infringes on persons privacy or copyright without their explicit prior consent;
  3. Post or transmit any material of a commercial nature which contains promotion or advertising.
3. Jumbo reserves the right to edit or delete any postings or communications made by Members whom it feels violates these Terms and Conditions and/or degrades the overall user experience.
ACTIVITY STATEMENTS
1. Jumbo provides its individual Members an online account where they can track all Rewards Points awarded in addition to administering their contact information and preferences.
2. Members may access activity statements free of charge from within their account at the Jumbo Rewards website.
INACTIVE ACCOUNTS
1. A Member's account is deemed to be inactive when no Activity has been logged for a period of at least 6 months.
2. Member accounts deemed to be inactive will be debited 50 Reward Points per month ('account inactivity fee') until such time that the account balance is zero or Member Activity is logged.
3. Inactive accounts with a balance of zero points will be terminated by Jumbo; if a Member's account is terminated due to inactivity and the Member wishes to join Jumbo again they are welcome to reapply for a new account.
4. Jumbo reserves the right to modify the account inactivity fee and definition of an inactive account at its sole discretion and at any time.
DISCLAIMER
1. Jumbo acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. Clause 12.2 is not intended to exclude or restrict the application of such laws.
2. Subject to clause 12.1, Jumbo and its officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits) arising under or in connection with these Terms and Conditions of Jumbo Rewards, including, without limitation, any changes to the Terms and Conditions of Jumbo Rewards.
3. Subject to clause 12.1, Jumbo makes no express or implied warranties or representations with respect to any of Jumbo products, or any of Jumbo's sites (including without limitation, any warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage).
4. Jumbo makes no representation or warranty that the operation of Jumbo's sites or Jumbo's tracking & accounting systems will be uninterrupted or error-free, and Jumbo will not be liable for the consequences of any interruptions or errors.
TERMINATION
1. These Terms and Conditions are effective until terminated by Jumbo or the Member.
2. Jumbo and the Member may terminate the Member's Membership at any time providing written notice has been given to the other party via email, fax or post.
3. Jumbo provides a facility for the Member to cancel their Membership via this URL, http://www.jumborewards.com.au/cancel_account
4. If Membership is terminated by Jumbo or the Member as a result of breach of these Terms and Conditions, all outstanding points and rewards will be forfeited by the Member.
5. If Membership is terminated and is not as a result of breach of these Terms and Conditions, the Member is entitled to withdraw any outstanding reward points within their account providing the amount of points available meets minimum redemption guidelines as prescribed within the Redemption section of the Jumbo Rewards website - if the amount of points a Member has is not sufficient to make a redemption all outstanding points will be forfeited.
6. Membership will terminate automatically on the death of a Member. Points earned but not yet redeemed prior to the death of the Member will be cancelled. Jumbo will close the Member's account on notification of the Member's death. Jumbo will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.
7. Jumbo reserves the right to suspend or terminate the Jumbo Rewards program at any time without prior notice. Jumbo will not be liable for the suspension or termination of the Jumbo Rewards Program on any account whatsoever including (without limitation) for any points balance in a Member's account at the time of suspension or termination.
JURISDICTION
1. The Laws of Victoria, Australia govern this agreement at all times. All parties are bound to the jurisdiction of the Australia Courts for the settlement of any disputes or claims that arise from participation in this service or in connection with this agreement.
PERSONAL INFORMATION/PRIVACY
1. Jumbo is mindful of your privacy concerns and is committed to maintaining the highest possible standards of privacy when handling your personal information.
2. The Jumbo Rewards Privacy Policy (Link) describes how Jumbo handles your personal information.
3. It is agreed and acknowledged by the parties that the terms of the Jumbo Rewards Privacy Policy form part of these Terms and Conditions.
NO GUARANTEE
1. Jumbo gives no warranties, guarantees or representations regarding the number of Reward Points a member might be awarded under Jumbo Rewards.
GST
1. Jumbo will pay the GST on any taxable supply made by Jumbo under these Terms and Conditions.
2. Members who require a tax invoice should contact Jumbo.

Terms and Conditions