Bottlemart More Rewards Consumer Terms & Conditions
BOTTLEMART MORE REWARDS
Terms and Conditions
The Bottlemart More Rewards loyalty program offers exclusive access to member only offers on beer, wine, spirits and other beverages sold by participating Bottlemart liquor stores.
PLEASE READ THESE TERMS AND THE BOTTLEMART PRIVACY POLICY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT BOTTLEMART MORE REWARDS. BY SIGNING UP TO BOTTLEMART MORE REWARDS, YOU AGREE TO THESE TERMS INCLUDING THE PRIVACY POLICY, AS AMENDED FROM TIME TO TIME.
- Definitions
In these Terms and Conditions:
“Benefits” means the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time.
“Details” means your name, email address, home address and other personal information requested or consented to be provided from time to time.
“Dollar or $” means Australian dollars.
“Eligible Transaction” means any purchase from a Bottlemart store or via the Site for normal household consumption, and does not include purchases of any other products such as gift cards, tobacco and tobacco related products, food, delivery charges and any purchases deemed by us to be wholesale quantities for the purpose of resale.
“Member” means you as a member of the Bottlemart More Rewards loyalty program.
“Membership” means membership of the Bottlemart More Rewards loyalty program and “Membership Account” means your Membership.
“Membership Card” means a physical or digital card issued by Bottlemart to You. This card will have your membership number printed or displayed on it and needs to be presented when You make a purchase in store; for purchases made via a Site, over the phone or via a customer service centre you will need to quote your membership number.
“Participating Store” means a Bottlemart retail outlet or Site that participates in the Bottlemart More Rewards loyalty program.
“Site” means www.bottlemart.com.au
“Unauthorised Use” means the use of a member card or account that is not your own.
“Us” or “We” or “Our” means Bottlemart. Bottlemart and Bottlemart More Rewards are operated by Liquor Marketing Group Limited (ACN 001 440 320)
“You” or “your” is a reference to the Member in whose name the Bottlemart More Rewards loyalty account is held.
- Participation and Membership
- You may apply to become a member of the Bottlemart More Rewards loyalty program if you are aged 18 years or over and have a current Australian address. By applying for membership, you warrant that you are eligible and meet these conditions.
- To become a member, you can either complete and submit an application form online at the Site, select to become a member when purchasing online at the Site, or provide the Details in store. Upon completion of any of these steps, you are considered to have accepted the terms and conditions outlined in these terms and conditions.
- When you become a Member you will be given the opportunity to elect to be introduced to the membership program of other venues (such as hotels or gaming facilities) of venues attached to Bottlemart retail sites you have shopped with, either online or in store (Related Venue).
- You are not obligated to consent to this introduction and if you do not provide consent, your personal information will not be shared with the relevant Related Venue.
- If you provide consent your contact details will be provided to the Related Venue solely for the purposes of enrolment in their own membership program or marketing offers. Once you provide your consent, We have no liability in relation to the handling or use of your personal information, which remains the obligation of the Related Venue. The use or handling of your personal information by the Related Venue will be governed by the privacy policy of the Related Venue.
- Your membership of any other loyalty program, including a program of a Related Venue, is solely at your own risk and We shall have no liability whatsoever in relation to the membership of that program. We make no representation or warranty in relation to the benefits of any Related Venue program.
- If you do not provide your consent, we will not share any of your personal information to the Related Venue and you will not receive any communications or contact from the Related Venue.
- We may refuse your application for a Membership for any reason, including if:
- it is required by law;
- we reasonably believe it would be in breach of any of our policies and/or responsibilities; or
- there is an event or circumstances outside of our control which causes us to be unable to comply with all or a material part of our obligations, or results in us being unable to enforce our rights, under these Terms and Conditions.
- Your membership can only be used for your own household shopping. Purchases deemed by Us to be wholesale quantities for the purposes of resale or of a commercial nature are ineligible.
- We also reserve the right to set retail limits, which also apply to the redemption of Member Benefits. These retail limits are subject to change at any time, and we reserve the right to cancel items from your order if they are exceeding our limits. You will be refunded any items not supplied. We may also provide you reasonable notice of any special temporary purchase limits on certain products from time to time.
- Membership is free but we reserve the right to charge for replacement or additional cards.
- Once we have accepted your membership application, you will receive a Membership Account with an assigned membership number.
- It is your responsibility to inform us immediately if:
- Your personal details change (including, but not limited to, your address, email address or phone number). If we do not have your correct details, we may not be able to contact you about your account or send you offers or rewards, and we may also restrict operations on your account (such as redemption).
- Your Membership Card is lost, compromised or stolen so that we can protect your account from fraud or theft. We are not liable for any delay in replacing Membership Cards or for any unauthorised use of a Membership Card or account.
- You would like your details removed from the account.
- Membership Cards are not debit, credit or charge cards and remain the property of Bottlemart.
- Membership Program
- In order to access Bottlemart More Rewards member only offers, You must:
- present a Membership Card at the point of sale in store for swiping or scanning, prior to the completion of a transaction;
- if the transaction takes place in a way which does not allow for the presentation of a Membership Card (eg on-line or by phone) or you do not have your Membership Card, You must provide evidence of your Membership (eg. by providing your membership details) at the time of the transaction.
- Member offers are not available on purchases of gift cards, tobacco, tobacco related products and food or delivery charges.
- If your Membership Card is not presented at the point of sale, or you cannot provide details of your Membership (as the case may be), We are not obliged to honour Member offers in relation to that transaction but may do so at our discretion.
- In order to access Bottlemart More Rewards member only offers, You must:
- Benefits
- For each Member Benefit, we may specify individual exclusions and preconditions (including qualifying spend and duration). These will be clearly indicated at the time of your purchase with us.
- Member Benefits are only available at Participating Stores.
- As Member Benefits are personal to you, they cannot be transferred to any other person.
- You cannot qualify for Member Benefits on delivery charges, or when withdrawing cash or purchasing gift cards, food, smoking/tobacco products or accessories. Member Benefits can also not be exchanged for cash or store credit.
- We may reverse any Member Benefits which have been applied by you if:
- you have returned the goods or you have been refunded for the goods in respect of which those Member Benefits were applied; or
- there are any other grounds which we consider, in our reasonable discretion, justify a reversal (for instance, if the Member Benefits were applied through fraudulent means).
- Changes
- We reserve the right at all times, acting reasonably, to make any changes to these Terms and Conditions, rewards or Benefits offered at our sole discretion, where it is in our legitimate interests to do so, including but not limited to changes to rules governing Member only offers and changes to Benefits offered.
- Participating Stores may change from time to time.
- Where it is in Our legitimate interests to do so, We may vary these Terms and Conditions from time to time and will give you at least 30 days’ written notice of any changes, unless the changes have a neutral or positive effect on you. These changes may be notified by updating the Terms and Conditions on the Site.
- If you continue to use your Membership Card or seek to access or use any Member Benefits after the period of advance notice has expired, you will be deemed to have accepted the amended Terms and Conditions.
- Liability
- You acknowledge and agree that there may be circumstances outside of our control that may result in:
- delay in issuing you with, or non-issue to you of, certain Member Benefits;
- delay in issuing a lost, stolen or damaged Membership Card;
- Member Benefits being incorrectly applied to your Membership Account due to fraudulent activity by customers;
- loss, theft or damage to any documentation sent to you through the post; or
- a suspension and/or termination of your Membership,
- You acknowledge and agree that there may be circumstances outside of our control that may result in:
and, to the maximum extent permitted by law (noting that nothing in these Terms and Conditions limits your rights under the Australian Consumer Law), we will not be liable to you in any way for any cause in connection with such matters, including for any unused Member Benefits at the time of termination of your membership.
- You agree that any comments, suggestions or recommendations you may receive from us or others as part of your Membership may not be suitable or complete. Such information may not be reliable, accurate, or complete or timely and you should make your own enquiries.
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our potential liability under those provisions:
- you acknowledge that the Site and each product is provided “as is” and that we do not make any warranty or representation as to the suitability of Membership, the Sites or a product for any purpose;
- we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the products, services of Membership, the Sites or the subject matter of this agreement to the maximum extent permitted; and
- we (and our related bodies corporate, agents, employees, officers and representatives) will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
- Our liability (and any liability of our related bodies corporate, agents, employees, officers and representatives) to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the liability arises in contract, tort (including negligence), under any statute or otherwise.
- Termination and Transfer
- We reserve the right to suspend or terminate your Membership if we reasonably believe that:
- You have materially breached these Terms and Conditions; or
- a person has engaged or may engage in fraudulent conduct, or conduct is suspected to be fraudulent, in relation to your Membership Account.
- Otherwise, We reserve the right to terminate the Bottlemart More Rewards program for all members at any time by giving all members at least 30 days prior written notice.
- You may terminate your Membership at any time by contacting us by one of the methods set out in item 11 (Contacts) of these Terms and Conditions. On receiving a notice of termination from you, your Membership will be recorded on our database as closed and you will cease to receive any Benefits.
- On cancellation of your Membership, we may continue to retain your membership information in accordance with our legal obligations and, in de-identified form, for our general data analysis purposes. We may allocate to another customer any membership identifier (including number) previously allocated to you.
- We reserve the right to suspend or terminate your Membership if we reasonably believe that:
- General Information
- You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of your Membership and any transaction on the Site.
- Any failure or delay by Us in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights by Us.
- Except as provided by law, we do not accept any liability whatsoever, except to the extent it arises from Our negligence, fraud or wrongful act or omission, with respect to:
- the breach of any of these Terms and Conditions or any term implied by law (including statute) by any person other than Us;
- any reward or Benefit;
- any death or injury or consequential loss or damage arising from the supply of a reward;
- the loss, theft or destruction of any Benefit
- any failure, delay or inability to provide a Membership Card or other benefit to you caused by circumstances beyond our control, including strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance; and
- written notices by advertisement in a newspaper circulating throughout Australia; online or in writing.
- Privacy Notice
- We will collect, use and disclose your personal information in accordance with our Privacy Policy, which forms part of these Terms and Conditions. Our Privacy Policy can be found at bottlemart.com.au/information/privacy-policy.
- By registering as a Member, scanning your Membership Card, or using or attempting to access or use any Member Benefits, you acknowledge that you have read the Privacy Policy, and understand and agree that we will collect, use, store and disclose your personal information in accordance with these terms, including the Privacy Policy.
- Our Privacy Policy details how you can contact us, and how you can seek access to and correct your personal information or raise a privacy concern with us.
- Marketing Communications Rights
- Where you have opted in to receive marketing communications, you agree that we may send you commercial electronic messages and tailored advertising (which include direct marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone or post).
- Where you have opted-out of receiving commercial electronic messages and other advertising that we send you directly (including opting-out of receiving such communications through certain media, or opting-out of receiving such communications via certain channels), you will be unsubscribed from the specific channel used for that commercial electronic message.
- Opting out of receiving commercial electronic messages from Membership will not withdraw your consent to receive messages from other brands operated by Liquor Marketing Group Ltd under separate terms and conditions. If you would like to opt-out of other Liquor Marketing Group Ltd brands please follow the opt-out facilities in their communications or other opt-out options set out in their terms and conditions.
- Regardless of whether you opt-out of any and/or all commercial electronic messages, you agree to still receive service-based communications relating to your membership, including changes to these Terms and Conditions and/or our Privacy Policy, account transactions or important information (for instance recall notices) relating to products you have purchased. Your agreement to receive service-based communications is effective until such time as you elect to terminate your Membership. You may not opt-out of receiving service-based communications without terminating your Membership. Once you terminate your membership you will thereafter no longer receive commercial electronic messages or service-based communications which are sent to Members.
- Contacts
If you have a complaint, question or feedback regarding your Membership, you can contact: