Bakers Delight Tasmanian Delightful Spend & Save Promotion ( The Promotion ) Terms & Conditions Definitions Account means the Bakers Delight Tasmanian Delightful Spend & Save online account set up for each Member by us which will record each Member s contact details and points balance. Bakers Delight Delightful Rewards Stamp Card means the loyalty stamp card which is stamped by a Bakers Delight Bakery each time a purchase over a certain dollar value is made by a customer. Card means the Bakers Delight Tasmanian Delightful Spend & Save Promotion plastic membership card for the Promotion. Eligible Purchases means purchases of full priced items (including combos) and all discounted or special priced items, but excluding: a. charity items (including but not limited to charity merchandise, BCNA Pink Buns); and b. complimentary items; and c. products to be used or sold by Wholesale Customers. Member means a member of the Promotion. Promotion means the Bakers Delight Tasmanian Delightful Spend & Save Promotion. Rewards means vouchers, rewards, promotions, discounts and/or other offers that we may offer to a Member from time to time. Terms means these terms and conditions as varied or amended by us from time to time. Traditional Loaf means White Block Loaf, Wholemeal Block Loaf, Wholemeal Country Grain Block Loaf and White Country Grain Block Loaf. Wholesale Customers mean customers who intend on-selling any of the products purchased by them from Bakers Delight bakeries to consumers in their existing finished state. Joining the Promotion 1. The Promotion is operated by Bakers Delight Holdings Ltd ACN 052 528 202 of Level 1 293 Camberwell Road, Camberwell ( we, us, our ). 2. You agree to these Terms by: a. providing your personal details, including your name, address, mobile phone number, email address and date of birth, on our website or in-store to a staff member; and/or b. verifying your email address; and/or c. activating your Card; and/or d. using your Card. 3. You can become a Member by: a. collecting a Card from a participating Bakers Delight Bakery in Tasmania and then either:
i. providing your personal details, including your name, address, mobile phone number, email address and date of birth, in-store to a staff member; ii. visiting our website: tasmanian.bakersdelight.com.au to register your personal details and card number b. Visiting our website: tasmanian.bakersdelight.com.au to register your personal details and activate your account by providing and verifying your email address. 4. You can only participate in the Promotion, including receiving Rewards under the Promotion if you are a verified Member. If you are not a verified Member you can still earn points via the Card but cannot use vouchers and receive Rewards. 5. If you are under 18 years old you must have parental/guardian consent to register for the Promotion and further your parent/guardian must read and consent to these Terms. Your parent/guardian may be required by us to enter into a further agreement as evidence of consent to you registering for the Promotion. 6. Upon verification of your email address an Account will be created for you. 7. There is a strict limit of one (1) registered Account per person. Each Account requires an independent email address that needs to be verified. 8. You will be entitled to receive a free Traditional Loaf next time you visit a Bakers Delight Bakery in Tasmania provided you have successfully activated your Card by providing and verifying your email address and an Account has been created for you. This offer is only available until 14 January 2018. The Promotion and Earning Points 9. The Promotion is only available at Bakers Delight Bakeries in Tasmania from 02/11/2017 and is for a limited time only. You will be notified by email or on our website of the expiry date of the Promotion. 10. Until we otherwise advise one (1) point will be accrued for each one ($1) dollar spent in a Bakers Delight Bakery in Tasmania on Eligible Purchases. Points will not accrue on purchases of: a. charity items (including but not limited to charity merchandise, BCNA Pink Buns); and b. complimentary items; and c. products to be used or sold by Wholesale Customers. 11. For clarity Wholesale Customers are not eligible to earn points and participate in the Promotion. 12. To accrue points your Card must be scanned at the time of purchase. Points will only accrue on those parts of the transaction that are eligible to earn points. Points will be recorded and stored on your Account. 13. Rewards cannot be used with any other offer, including but not limited to the Bakers Delight Delightful Rewards Stamp Card. Redeeming Points 14. When 50 points are accrued you will receive a $5 voucher. 15. Vouchers are redeemed by scanning the Card associated with your Account at the time of purchase. You must pay for purchases of other items not covered by a voucher. 16. You will be eligible to redeem your $5 voucher to pay for the whole or part of any purchase at any Bakers Delight Bakery in Tasmania when you have accumulated
the 50 points required to be eligible to receive your $5 voucher. The whole $5 voucher must be used in one transaction and cannot be used across multiple transactions. When redeeming in a Bakery you will receive a discount of $5 off your purchase. Redemptions can only be processed in multiples of $5. $5 vouchers are only valid for 14 days from date of issue. Unused points, vouchers and any other Rewards associated with the Promotion expire when the Promotion ends or is cancelled or terminated for whatever reason. 17. If you are a verified Member you can check your points balance at any time by: a. If you have an online account, visiting tasmanian.bakersdelight.com.au and logging in with your email address and password OR b. by visiting a participating Tasmanian Bakers Delight bakery and having your plastic card scanned. 18. You will, from time to time, receive statements from us, via email, displaying your points balance and information and details of other Rewards. There will be an option in each email to opt out of receiving communications from us. 19. Points can only be redeemed by the Member and points balances and Rewards offered under the Promotion are not transferable, exchangeable or redeemable for cash. Points accrued in multiple Accounts cannot be combined. 20. It is your responsibility to ensure that the correct number of points has been added or deducted for each Eligible Purchase. You must notify us of any apparent discrepancy by contacting customer.relations@bakersdelight.com.au. We will not be able to add points related to transactions where your Card was not scanned at the time of purchase. 21. If a refund of a purchase made wholly or in part with a voucher is given the voucher will be reissued in cash. Rewards 22. Additional rewards and entitlements may be offered by us from time to time, in our absolute discretion. 23. If any Reward (or part of any Reward) offered under the Promotion is unavailable, we may in our discretion substitute the Reward (or that part of the Reward). 24. From time to time, we may conduct various reward offers, promotions and discount offers which will be open to Members (or selected Members) only. You may receive personalised offers depending on what we think you will enjoy. For this reason your offer may be different to another Member s offer. Lost or Stolen Cards 25. If your Card is damaged, lost or stolen, you should visit a Bakers Delight Bakery in Tasmania and request a new Card and then log onto tasmanian.bakersdelight.com.au, where you can transfer your Account information to your new Card. Cards that are reported as damaged, lost or stolen will be immediately cancelled and rendered inactive. 26. We will not be responsible for any delay in: a. replacing a damaged, lost or stolen Card; or b. transferring your Account information to your new Card. 27. While every effort will be made to ensure that the full points balance for your Account is transferred to the new Card (as the case may be), we will not be responsible for any points lost prior to the transfer (including but not limited to any redemptions that may have been processed before the new Card was activated).
Other Conditions 28. The Card will be accepted in Bakers Delight Bakeries in Tasmania only. From time to time some Bakers Delight Bakeries in Tasmania may be prevented from processing a Promotion transaction due to circumstances beyond their control (e.g. internet outage). In such cases provided the Card is scanned the transaction will be stored on the point of sale system and points allocated once the point of sale system is back online. 29. We may suspend, cancel or terminate the Promotion, including any offer or promotion conducted under it (e.g. the online Reward redemption), at any time and for whatever reason, including: a. if the Promotion is inoperable due to computer virus, bugs, tampering, unauthorised intervention, fraud and other technical failures; b. causes beyond our control which corrupt or affect the administration security, fairness, integrity or proper conduct of the Promotion. Should the Promotion be suspended, cancelled or terminated at any time we will notify Members via email or on the relevant section of our website. 30. Without limiting the previous clause we reserve the right to terminate your membership, without notice, if: a. we believe you have supplied false or misleading information; or b. we believe that you have tampered with the registration process, the Account verification process and/or the points accrual/redemption process and/or engaged in fraudulent or unlawful or improper conduct calculated to jeopardise the fair and proper conduct of the Promotion; or c. we believe you have failed to comply with these Terms or the terms and conditions of any Reward; or d. you have not activated or used your Card for a period of 12 months. 31. If we terminate your membership under the previous clause we reserve our legal rights to recover from you any losses or damages that we have incurred as a result of your conduct. 32. Errors and omissions may be accepted at our discretion. 33. Failure by us to enforce any of our rights at any stage does not constitute a waiver of those rights. 34. No fees will be charged by us for the issue, registration, activation or use of the Card. You are responsible for any costs charged by your service provider for Internet access to use our website. 35. Should you forget the password to your Account you should go to tasmanian.bakersdelight.com.au, where you will be required to enter your email address and reset your password. A temporary password will be sent to your nominated email address to enable you to reset you password. 36. We reserve the right, at any time, to verify the validity of Members, Accounts, and points accrual and redemption (including a Member s identity, age and place of residence). 37. If there is a dispute as to the identity of a Member, we reserve the right, in our sole discretion, to verify the identity of the Member. 38. Incomplete or indecipherable registrations may, in our discretion, be deemed ineligible to participate in the Promotion or be deemed invalid. 39. All conditions and warranties, whether express or implied and whether arising under statute or otherwise as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Promotion are expressly excluded to
the full extent permitted by law. Any liability we may have to you in respect of such goods or services, which cannot be excluded by law, is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again. 40. Except for any liability that cannot, by law, be excluded, we will not be responsible for or liable for personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, related to or arising in any way out of participation in the Promotion, including but not limited to loss or damage related to or arising from: a. your failure to offer the Card for scanning at the time of making an Eligible Purchase; b. any delay, failure or inability to accurately record the details of any Eligible Purchase or credit points to your Account; c. any damage, loss or theft of a Card or any Reward; d. the supply of a Reward and your acceptance and use of a Reward; e. any Reward not being made available or supplied for any reason; f. the suspension, cancellation or termination of the Promotion; g. any disruption to the Promotion or any delay or inability to provide any Reward caused by circumstances beyond our control; h. any technical malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet or on any website, including (but not limited to) any injury or damage to your computer or another person's computer related to or resulting from participation in the Promotion or downloading any materials associated with the Promotion; i. any theft, unauthorised access or third party interference, accrual or redemption of points; j. any registration or Reward claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by us) due to any reason beyond our reasonable control; k. any tax liability incurred by you in connection with the Promotion, including in relation to any Reward offered; l. any communication to you that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on your email account or other system configuration problems. 41. These Terms are to be read in conjunction with, and subject to, any additional terms and conditions governing any particular Reward. In the case of any inconsistencies, these Terms will prevail. Privacy Collection Notice 42. The personal information that you provide when you sign up to the Promotion and activate your Card, will be collected, used and disclosed by us in accordance with our privacy policy which can be viewed at http://www.bakersdelight.com.au/about-us/privacy-policy. In particular, you should be aware that: a. The personal information we collect includes your name, address, mobile phone number, email address and date of birth. b. Your personal information will used by us for the primary purposes of facilitating the Promotion, including enabling us to identify you and to verify the Rewards accrued by you as part of the Promotion, advising of any
changes to the Promotion including its expiry, suspension, cancellation or termination. c. Your personal information will also be used to advise you of any replacement or alternative Promotion. d. Without such personal information we will be unable to facilitate and record Rewards owed to you and you may be unable to participate fully in the Promotion. e. Your personal information will be accessible by: i. us; ii. BDH franchisees to whom you provide the information and/or from whom you purchase our products or redeem Rewards; iii. our third party service providers that facilitate all or part of the Promotion. f. Some programs, software, online tools or Social Media Sites used by us and/or our third party service providers, are based in and/or housed overseas. For example, MailChimp is based in the United States of America. Whilst we do not actively disclose your Personal Information to such organisations, the use of such programs by us or by our third party service providers may involve disclosure of your personal information to such organisations overseas. Use and disclosure of your personal information by such organisations is in accordance with the terms and conditions and privacy policies of such organisations. See MailChimp's privacy policy at http://mailchimp.com/legal/privacy/. g. If you consent to disclosure of some of your personal information to United States of America and to other countries (in the context above) we are not required to take steps, as may be reasonable in the circumstances, to ensure that such organisations do not breach the APPs in relation to your personal information. h. Having been informed of the possibility that such disclosure may occur, you consent to that disclosure by undertaking or continuing to undertake activities that indicate your consent, including by participating in the Promotion and activating your Card. i. Our privacy policy contains information about how you may access the personal information we hold about you and information about how to seek correction of such information. The privacy policy also contains information about how you may complain about an alleged breach of the Australian Privacy Principles and how we will deal with such a complaint. Our privacy policy can be viewed without charge at http://www.bakersdelight.com.au/about-us/privacy-policy. Alternatively, please contact Bakers Delight's Privacy Officer either via email at privacy@bakersdelight.com.au or via phone on 03 9811 6111 and you will be sent or emailed a free copy. 43. All decisions made by us in relation to all matters arising under the Promotion are final and binding, and no correspondence will be entered into. 44. We may, at any time without notice, change the Promotion or these Terms, including but not limited to changing the number of points awarded to Eligible Purchases, changing how points are earned or redeemed, introducing an expiry date for use of any points credited to an Account and running additional special promotions at Bakers Delight Bakeries in Tasmania for selected products and or periods for which additional points will accrue. If we do we will publish the amended Terms on our website. If you continue to participate in the Promotion
after the amended Terms are published, you will be deemed to have accepted the amended Terms. 45. The laws of Victoria, Australia apply to the Promotion to the exclusion of any other law. You submit to the exclusive jurisdiction of the courts of Victoria, Australia.