Loyalty Program - Terms and conditions

  1. About the program
    1. The Smith Family Customer Loyalty Program (the “Program”) operates in The Smith Family’s retail stores (the “Stores”) in New South Wales and the Australian Capital Territory with effect on and from 12 November 2018 until further notice by The Smith Family.
    2. Two types of loyalty card may be issued by The Smith Family to Store customers (“Customers”) to enable Customers to earn vouchers in the Program:
      1. Standard loyalty cards are available to Customers in Store; and
      2. VIP loyalty cards are available to selected Customers at The Smith Family’s sole discretion.
      3. (each, a “Loyalty Card”), in each case subject to the Customer agreeing to participate in the Program on and subject to the Terms
    3. The terms and conditions applicable to the Loyalty Cards with respect to the earning of vouchers in the Program is identical, and is set out below.
    4. Participation in the Program is open to individuals with a unique email address in Australia. If individuals do not have a valid email address a valid residential address in Australia will be alsoaccepted. To participate in the Program, a Customer must provide The Smith Family with his or her name, postcode and a valid email address or residential address (“Contact Details”).
    5. By signing up for a Loyalty Card, the Customer agrees to the Terms and to the collection, use and disclosure of the Customer’s personal information in accordance with The Smith Family’s Privacy Policy for Retail Store Customers, as amended from time to time. Refer to The Smith Family’s website for a copy: website at http://www.thesmithfamily.com.au/~/media/files/policies/privacy-policy-retail-store.ashx?la=en
    6. The Customer must advise The Smith Family of any change in his or her Contact Details at any Store as soon as reasonably practicable after the change. The Smith Family is not responsible for any loss of Program benefits to a Customer in connection with the Customer’s failure to notify The Smith Family of any change in Contact Details. The Smith Family may require acceptable proof of identification in relation to any change of details.
    7. The Smith Family reserves the right to vary the terms applicable to or otherwise discontinue the Program at any time at its discretion by giving Customers not less than two (2) months’notice, which will be clearly displayed in each Store, on The Smith Family website and communicated through Facebook and email. If the Program is discontinued, Loyalty Card holders will be entitled to earn and redeem “vouchers” (as described in section 2.4 below) up until the Program cancellation date.
    8. Where The Smith Family gives a Customer a notice by email or post, the Customer agrees that the notice is deemed to have been provided on the date of actual receipt of the notice, provided it is sent to the last known email address or residential address The Smith Family has for you in connection with the Program.
  2. Operation of the program
    1. To earn Program points (“Points”), a Customer must provide a Loyalty Card or Member number/ Name (with proof of identification) to the salesperson prior to the completion of an eligible transaction at the point of sale. The Loyalty Cardholder will then receive one (1) Point for every one (1) dollar spent in Store.
    2. Points will expire one (1) year from the date they were issued to the Customer’s Loyalty Card, if they are not converted earlier into a “voucher”. See section 2.4 below for vouchers.
    3. The Point balance will be printed on the register receipt each time a Customer uses his or her Loyalty Card. A Customer can also check his or her Point balance at any point of sale on request.
    4. For every 400 Points earned by a Customer within a twelve (12) month period, the Customer will receive a $40 Loyalty Card voucher (“Voucher”). Vouchers must be used within twelve (12) months after the date of issue. Any amounts not redeemed after the expiry will be forfeited.
    5. Subject to the exclusion noted below in paragraph 2.6, VIP Loyalty Cardholders will receive a discount of 25% off the full sale price at the time of purchase where a VIP Loyalty Card is presented at the point of sale. This benefit is in addition to any Points earned on the discounted total purchase in respect of the transaction.
    6. The Smith Family reserves the right to exclude the purchase of certain goods from the Program. Excluded goods will be clearly marked at each Store.
    7. The Smith Family may deduct from a Customer’s Points balance any Points that have been credited to the Customer’s Loyalty Card in error or as a result of an error, as well as any Points which relate to an eligible transaction which has been cancelled or reversed, or which relate to a refunded amount, or where The Smith Family reasonably believes that the purchase was for a commercial purpose or commercial in quantity.
    8. Once a Loyalty Cardholder achieves 400 Points, the Voucher will be emailed to the Customer within 24 hours or, if the Customer does not have an email address, will be available on the point of sale at a Store within 24 hours, redeemable on the Customer’s next eligible purchase, provided that the purchase is made within twelve (12) months after the Voucher issue date. Vouchers are not redeemable more than twelve (12) months after the date of issue.
    9. The Voucher balance will be printed on The Smith Family register receipt each time the Voucher is used. A Voucher holder can also check the balance of the Voucher at any point of sale on request
    10. No change is given and any balance that remains on the Voucher can only be used in whole or part against future purchases in Store. Vouchers can be redeemed in multiple purchases at any Store.
    11. The expiry date of the Voucher will be printed on the Voucher. Any balance that remains on the Voucher after expiry will not be available for use.
    12. The Smith Family may in its discretion, suspend, change or terminate a Customer’s participation in the Program if The Smith Family reasonably believes that the Customer has:
      1. breached the Terms; or
      2. engaged in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to the Program; or
      3. engaged in inappropriate conduct that undermines the legitimate interests of The Smith Family (e.g. theft from a Store).