1. Introduction

1.1 These Terms and Conditions govern the BoscoLighting Loyalty Rewards Program. It is the Member's responsibility to read and understand them. When earning and using the Loyalty Program Points, Members will be responsible for the ensuring their Staff comply with these Terms and Conditions.

1.2 These Terms and Conditions are effective as at the date specified above and may be amended by BoscoLighting from time to time. The current Terms and Conditions are those available at boscolighting.com.au/loyalty-rewards-program-terms-and-conditions

1.3 Any third parties utilised to provide products or services through the BoscoLighting Loyalty Rewards Program will have their own terms and conditions that must also be adhered to including but not limited to warranty and registration requirements and supply of contact and personal information required to supply service.

2. Definitions

2.1 In these Terms and Conditions unless the context otherwise requires:

ABN means an Australian Business Number being an identifying number of an entity registered on the ‘Australian Business Register';

ABN Holder means any entity or sole trader, each entitled by law to hold an ABN;

Account Manager means, with respect to a Member, the individual who represents that Member on registration of membership and on all matters relating to the Member's Membership Account to whom all notices are given by or on behalf of BoscoLighting;

Active Member at a point in time, means a Member who has earned or spent BoscoLighting Loyalty Rewards Program Points on their Membership Account within the previous consecutive 12 whole month period from that point in time;

Account User means any individual who is authorised to make purchases on behalf of the company with or without a purchase order.

Anniversary Month means each anniversary of the month during which a Member joined BoscoLighting Loyalty Rewards Program;

BoscoLighting means BoscoLighting Pty Ltd ABN 88 152 438 974;

BoscoLighting Loyalty means BoscoLighting Pty Ltd or its nominated service provider who administers the BoscoLighting Loyalty Rewards Program;

BoscoLighting Loyalty Rewards Program or Loyalty Rewards means the loyalty program described on the website boscolighting.com.au/rewards and known as the BoscoLighting Loyalty Rewards Program, or any replacement program;

BoscoLighting Loyalty Rewards Program Service Centre or Service Centre means the service centre whose details are available at boscolighting.com.au/rewards operated by or on behalf of BoscoLighting Pty Ltd to provide customer service and handle administrative issues of Members;

Benefit Claim means a claim by a Member that the Member has not received;

Benefit Earner means (except as may otherwise be defined in the applicable Reward Scheme terms and conditions) an owner, director, officer, employee, contractor, consultant, partner or principal of the Member who may earn Program Benefits for the Member under these Terms and Conditions;

Card means the BoscoLighting Loyalty Rewards Program Membership card or its electronic equivalent (if any);

Claim means any action, legal claim, demand, suit, judgment or proceedings of any nature or kind whatsoever;

Eligible Products means the goods and services in relation to which BoscoLighting Loyalty Rewards Program Benefits are offered to Members from time to time;

Group means a group of related bodies corporate as defined in the Corporations Act 2001 (Cth);

GST means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth;

Intellectual Property Rights or IPR means all intellectual property rights and related rights, including patents, copyright, rights in circuit layouts, registered designs, trade marks and the right to have confidential information kept confidential and any application or right to apply for registration of any of those rights;

Loss means all liabilities, losses, damages and costs and expenses suffered or incurred in connection with a Claim including, without limitation, consequential or economic loss or loss of profits;

Marketing Material means any advertising, promotional, marketing or consumer material or content prepared by or on behalf of BoscoLighting or any Program Partner which:
is intended for distribution through any BoscoLighting Loyalty Rewards Program advertising, marketing or sales channel;

Member means an ABN Holder having a postal mailing address in Australia who is registered with BoscoLighting Loyalty Rewards Program as a customer of BoscoLighting Pty Ltd;

Membership Account means in relation to each Member the membership account maintained by or on behalf of BoscoLighting Pty Ltd in which all membership details are held and which records Program Transactions;

Membership Year:
for the first year, commences on the day of joining BoscoLighting Loyalty Rewards Progra and concludes on the last day of the Member's Anniversary Month the following year; and
subject to Membership renewal, for each successive year commences on the first day of the month following a Member's Anniversary Month and concludes on the last day of the Member's Anniversary Month in each relevant following year,
unless otherwise determined under clause 5.5;

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth), as that meaning may be amended from time to time;

Points means BoscoLighting Loyalty Rewards Program points awarded to Members pursuant to these Terms and Conditions;

Points Redemption means the use of Points to obtain a Program Benefit

Program Benefit means a benefit under the BoscoLighting Loyalty Rewards Program and includes discounts and rebates, vouchers or other items that may be acquired via redemption of Points.

Program Partner means an entity that offers BoscoLighting Loyalty Rewards Program Benefits to Members under its Reward Scheme; or an entity that provides for redemption of BoscoLighting Loyalty Rewards Program Points.

Program Transactions include the acquiring of Points or the Redemption of Points;

Reward Scheme means a reward scheme to be operated by or on behalf of a Program Partner under which Members will be entitled to receive Program Benefits; and

 

Terms and Conditions means these BoscoLighting Loyalty Rewards Program Terms and Conditions.

2.2 In these Terms and Conditions, unless the contrary intention appears:
the singular includes the plural and vice versa;
a reference to ‘include' or ‘including' means ‘including but not limited to'; and
references to any statute or statutory provision includes any re-enactment or replacement thereof and will include any regulations or other subordinate legislation made under the relevant statute.

3. Changes to BoscoLighting Loyalty Rewards Program

3.1 Subject to clause 3.2 BoscoLighting reserves the right to make any changes (whether material or otherwise) to the BoscoLighting Loyalty Rewards Program, the Terms and Conditions and the Program Benefits offered including changes to:

the ways in which Points are earned;
Points conversion rates and the way in which Points are Redeemed (Points Redemption);
Program Benefits, including their continued availability;
Membership requirements, including entry criteria and any fees;
the expiry of Membership and accrued BoscoLighting Loyalty Rewards Program Points;
the way in which the BoscoLighting Loyalty Rewards Program is administered;
the Program Partners or their Reward Schemes and the Eligible Products on which BoscoLighting Loyalty Rewards Program Points may be earned; and
any BoscoLighting or related entity role or activities under BoscoLighting Loyalty Rewards Program;
The name or branding of the Program;

3.2 BoscoLighting Loyalty Rewards Program will inform Members of material changes to these Terms and Conditions and, where such changes will limit Program Benefits, when practicable, will give Members at least 30 days' notice by updating these Terms and Conditions at boscolighting.com.au/loyalty-rewards-program-terms-and-conditions

3.3 Any applicable fees will be posted on boscolighting.com.au/loyalty-rewards-program

4. Termination or suspension of BoscoLighting Loyalty Rewards Program

4.1 BoscoLighting Loyalty Rewards Program gives no undertaking as to the continuing availability of the BoscoLighting Loyalty Rewards Program. BoscoLighting may terminate or suspend the BoscoLighting Loyalty Rewards Program at any time. BoscoLighting will give at least 60 days' notice to Members of such termination or suspension, except if BoscoLighting ceases to operate, or for other reasons outside BoscoLighting’s control, in which case BoscoLighting Loyalty Rewards Program will cease immediately.

5. Membership

5.1 Membership of the Program is open only to ABN Holders having a postal mailing address in Australia and who pay all fees (if any) due in any Membership Year. Members who cease meeting these requirements will forfeit their Membership entitlement and all Program Benefits will expire.

5.2 ABN Holders wishing to become Members must apply for Membership and pay any applicable Membership or other fees. Automatic membership is given to BoscoLighting Customers meeting all other conditions within 30 days of invoice payment being received.

5.3 BoscoLighting has the right to accept or reject any application for Membership in its sole discretion.

5.4 By applying for Membership, using the Membership Account or using Benefits, the applicant agrees that upon acceptance of the application by BoscoLighting Loyalty Rewards Program, the applicant will become a Member and will be bound by these Terms and Conditions.

5.5 Multiple memberships may be applicable where a Member has multiple branches, divisions or operating entities.

5.6 If two or more Members are part of a Group, BoscoLighting may take reasonable steps to align the Membership Year of those Members including by shortening or lengthening the relevant period for one or more of those Members.

5.7 Each Member may contact the Customer Service Team for current information about their account, Monthly or Quarterly Statements will also be issued based on current account activity. Points Balances and other relevant information may also be provided on Quotations, Invoices and Statements from BoscoLighting.

5.8 Members may, at any time, cancel their Membership by calling the Service Centre. Upon receipt of a cancellation request, BoscoLighitng will cancel the relevant Membership and all accumulated Points and Benefits in that Member's Membership Account will immediately expire. Accordingly, BoscoLighting recommends that Members carefully consider any plans to cancel their Membership to avoid unintentional loss of accumulated Points and Benefits.

6. Use of the Card

6.1 BoscoLighting may issue a Card to Members and may also issue Cards to the Member's authorised Benefit Earners.

6.2 The Card is and will remain the property of BoscoLighting and must be returned or destroyed on demand. It is not a card for payment.

6.3 The Card is valid for use only by the Member or their authorised Benefit Earner, if applicable, to whom it was issued and is not transferable in any circumstances.

6.4 If a Card has been issued, BoscoLighting or the relevant Program Partner may require the Member or Benefit Earner to produce their Card in order to earn Points or Benefits or while making a Benefit Claim.

6.5 In the event of loss, theft or unauthorised use of a Card, it is the responsibility of the relevant Member to advise BoscoLighting as soon as possible.

7. Member obligations and responsibilities

7.1 Members must, and must ensure all their Account Managers, Account Users and Benefit Earners:

comply with these Terms and Conditions; and
do not abuse or misuse any Program Benefits, services or arrangements accorded to the Member as a result of Membership, including by:
engaging in illegal or fraudulent activities;
supplying or attempting to supply false or misleading information, or making a misrepresentation to BoscoLighing or any Program Partner;
selling, assigning or transferring, or offering to sell, assign or transfer any Program Benefit other than in accordance with these Terms and Conditions ; or
acting in a hostile, abusive or aggressive way towards BoscoLighting or representatives of BoscoLighting or any Program Partner.
creating multiple Membership Accounts that each receive Program Benefits
7.2 A Member who is an association, council, federation, union, or other representative body or club may join the Program but can only earn Program Points and Benefits in relation to the owner, director, officer, employee, contractor, consultant, partner or principal of the Member (and not those of its members, constituents or other participants).

7.3 In relation to Member Contact and Business details, each Member is responsible for notifying BoscoLighting of any changes, omissions or incorrect details upon the Member or Account Manager becoming aware of them. BoscoLighting is not responsible for any failure by a Member to notify them of any such changes, omissions or incorrect details, or for any incorrect information notified to BoscoLighting.

7.4 Nothing in these Terms and Conditions gives rise to any transfer of Intellectual Property Rights and Members must not use, or cause to be used, the IPR of BoscoLighting or a Program Partner without the express permission of BoscoLighing or the relevant Program Partner.

8. Suspension or termination of Membership

8.1 If a Member ceases to be an ABN Holder, has breached any of these Terms and Conditions or any Reward Scheme's terms and conditions, or has failed to pay any money due under Program (including Membership Fees) or Invoices due to BoscoLighting for purchases of goods by the due date, whether intentionally or otherwise, BoscoLighting may do any one or more of the following:

suspend the operation of the Member's Membership Account;
suspend the right of the Member to use the Card and/or the right to earn or receive Points and/or Benefits;
suspend the Points Redemption rights;
cancel the Member's Points or any part thereof;
cancel or refuse to honour any discount or rebate that has been offered or awarded to the Member;
cancel any discounts that have been applied to Invoices which is the result of Points; or
terminate the Membership.

8.2 If BoscoLighting intends to take action under clause 8.1, it will notify the Member of its intention and the reason for that action.

8.3 Unless otherwise required by applicable laws, BoscoLighting will not be liable for any Loss whatsoever suffered by any person as a result of any action under clauses 8.1 or 8.2.

9. Reward Schemes and Benefits

9.1 Benefits are offered under the applicable Reward Scheme's terms and conditions. A Program Partner (Including BoscoLighting) may limit the Program Benefits offered. For example, Program Benefits may not be available in relation to activity that does not have a business purpose.

9.2 It is the responsibility of each Member to ensure that it has read the terms and conditions of each Reward Scheme and is aware of the current formula under the Reward Scheme by which the Program Benefits to which a Member may be entitled will be calculated and how and when Program Benefits will accrue and may be used.

9.3 All goods and services supplied by a Program Partner are supplied on the terms specified by the Program Partner.

10. Crediting Program Points

10.1 Subject to clause 10.3, after a Member has earned Program Points under a Reward Scheme BoscoLighting will credit the relevant number of Program Points to a Member's Membership Account in accordance with information received from the relevant Program Partner. Members are responsible for checking that the correct number of Program Points have been credited to their Membership Account.

10.2 BoscoLighting reserves the right to reverse or cancel any Program Points credited to a Member incorrectly or not credited in accordance with, or credited in breach of, these Terms and Conditions or the terms and conditions of the relevant Reward Scheme.

10.3 BoscoLighting may, pursuant to the terms and conditions of a relevant Reward Scheme from time to time:

introduce or vary a cap on the number of Program Points that can be earned in connection with the relevant Reward Scheme by a Member; or
make an offer of bonus Program Points to Members on terms determined from time to time by BoscoLighting.

10.4 Unless otherwise specified in the terms and conditions of a relevant Reward Scheme Program Points will not be earned in relation to any Eligible Products that are cancelled, refunded or returned. BoscoLighting may cancel or deduct any Program Points that have been credited to a Member's Membership Account in relation to cancelled, refunded or returned products or services.

10.5 Where Points are earned from product or services purchases, Points will only be credited upon full and complete payment of relevant account or invoice. Points may not be credited for late payment of undisputed accounts or invoices at the discretion of BoscoLighting.

11. Validity of Program Points and Membership Account

11.1 Except as otherwise provided in these Terms and Conditions, Program Points and Benefits will not expire as long as the Member remains an Active Member.

11.2 All Program Points, including Points held with a "pending status", in a Membership Account of a non-Active Member will expire at midnight Sydney, Australia time at the end of the 12th consecutive month for which the Member has not earned or converted Program Points. Program Points are deemed to be earned on the date of an receipt of payment for invoice or statements, or in the case of other Program Partners, on the activity date as advised by the Program Partner.

11.3 Points cannot be re-credited once they have expired except at BoscoLighting’s absolute discretion.

11.4 Once expired or terminated a Membership Account cannot be reinstated and any Points or Benefits held in that Membership Account cannot be reinstated or be the subject of a Benefit Claim except at BoscoLighting’s absolute discretion. However, a new application for Membership may be made.

12. Redeeming Points

12.1 Each Member is responsible for ensuring that it has sufficient Points to redeem in accordance with this clause 12 before it seeks to do so.

12.2 Except for any Points held with a "pending status" and subject to clause 12.3, Members can request redemption of their accumulated Points to other items including discounts at the rate specified by BosocLighting at boscolighting.com.au/loyalty-rewards from time to time. The request may be made either by email or by calling BoscoLighting.

12.3 A Member must request in each redemption transaction the conversion of a minimum 5000 (five thousand) Points or such other minimum amount as BoscoLighting may stipulate from time to time.

12.4 BoscoLighting reserves the right to introduce a cap on the number of Points which can be redeemed by a Member in any one transaction.

13. Activity Statements

13.1 Members and their Account Managers may be supplied their current Points Statement balance via phone or email request at any time with up to 5 days notice required. Points balance may also be supplied via email or post within other accounts related or promotional material.

14. Benefit Claims

14.1 Benefit Claims are to be submitted to the relevant Program Partner. BoscoLighting and each Program Partner reserves the right to require proof of the transaction from the Member, including copies of receipts or similar documentation to substantiate the Benefit Claim.

14.2 BoscoLighting will not be obliged to credit Points to a Member if the relevant Benefit Claim is received by the relevant Program Partner later than 90 days after the date of the relevant transaction to which the Benefit Claim relates.

14.3 Benefit Claims for the crediting of Points cannot be made if the Membership is not current or if the Membership Account was not current at the time the relevant transaction or activity to which the Benefit Claim relates was undertaken.

15. Taxation Implications

15.1 BoscoLighting recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax implications, for example fringe benefits tax (if applicable), for which they may be liable in relation to their Membership of the Program and their earning and use of Points or other Program Benefits.

15.2 Members should consult their tax adviser with any queries regarding their eligibility to reclaim Australian GST.

16. Personal information

16.1 It is a condition of Membership of the Program that a Member consents and authorises BoscoLighting to collect, use, store and disclose, for the purposes described in clause 16.2, the information it provides on its application form and other information that BoscoLighting and any Program Partner company collects in relation to the Member's participation in the Program, including information about the Member's business, its Account Users and Benefit Recipients.

16.2 The purposes referred to in clause 16.1 are for each of BoscoLighting and the applicable Program Partner to:

operate and manage the Program and Partner Reward Schemes, including making goods and services and Benefits available to Members;
facilitate the conversion of Points to other benefits;
improve Member service, including by means of research, marketing, product development and planning;
market its products or services or the products or services of third parties;
facilitate any third party providing goods and services to the Member, BoscoLighting, any Program Partner, and any of their respective Group companies in connection with the Program; and
as otherwise provided in the BoscoLighting Privacy Statement,

16.3 In addition to the purposes described in clause 16.2, BoscoLighting and any Program Partner or any other related company may disclose the personal information to comply with its legal obligations, including to law enforcement agencies, courts and government or regulatory bodies. Under those circumstances or where otherwise required by law, the information may be shared with others with or without that Member's knowledge or consent.

16.4 The Member must ensure that each of its Account Users, Benefit Earners and nominated benefit Recipients consents to the collection, use, storage and disclosure of their personal information for the purposes described in this clause 16.

16.5 The information referred to in clause 16.1 may be transferred to our service providers located overseas for the purposes described in this clause 16. The countries in which these third parties are located include China, the United States, New Zealand and the Philippines

16.6 If all or any part of requested information is not provided, the services under the Program may be affected or may not be able to be provided.

16.7 On request and to the extent permitted or required by law, BoscoLighting will provide an individual access to and the ability to correct the personal information held about them by BoscoLighting.

16.8 This clause 16 survives the termination of these Terms and Conditions and the termination or suspension of the BoscoLighting Loyalty Rewards Program.

17. Liability

17.1 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Consumer and Competition Act 2010 (Cth) (the Act) and under State and Territory consumer protection legislation. For example, for consumers, services come with non-excludable warranties under the Australian Consumer Law (as set out in Schedule 2 of the Act) that they will be provided with due care and skill and be reasonably fit for their purpose.

17.2 Subject to clause 17.1, BoscoLighting Pty Ltd and any of the officers, employees, agents and contractors of BoscoLighting are not liable for any Loss of any kind, arising under or in connection with these Terms and Conditions or Loyalty Program, including any changes to the Terms and Conditions of BoscoLighting Loyalty Rewards Program, except to the extent that such loss or claim arises from the negligence or wilful misconduct of BosocLighting Pty Ltd, or any of their officers, employees, agents or contractors.

18. General

18.1 The Terms and Conditions and Membership in BoscoLighting Loyalty Rewards Program are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the application for Membership in the Program has been completed by the Member or submitted to BoscoLighting.

18.2 In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions and/or Membership in BoscoLighting Loyalty Rewards Program each Member submits to the non- exclusive jurisdiction of the State of New South Wales.

18.3 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

© BoscoLighting Pty Ltd, ABN 88 152 438 974