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Coinks® Terms and Conditions

Terms and Conditions relating to the use of Coinks®
  1. General

    1. These terms are the terms and conditions applicable to all Programmes promoted by Hive Asia Pacific. This site has been established and is operated by Hive Asia Pacific Pty Ltd ABN 53 127 632 071.
    2. If you become a Member or enrol for a Programme you will be taken as having read and understood the terms and be bound by these terms, and will be taken to have given the privacy consents referred to in these terms.
    3. This Agreement is governed by and will be construed in accordance with the law in force in the State of NSW, Australia and you agree to submit to the non-exclusive jurisdiction of courts of that State. Members should note that they may have rights under the Trade Practices Act (1974) and State and Territory legislation which can not be contracted out of. Nothing in these Terms and Conditions either limits, or purports to limit these consumer rights. The Promoter's failure to enforce strict performance of any provision of these Terms and Conditions will not constitute a waiver of the Promoter's right to subsequently enforce such provision or any other provision under these Terms and Conditions of this Agreement. If any clause within the terms and conditions is found to be unenforceable the clause may be severed without affecting the validity of the remains of the contract.
    4. If any provision in this Agreement is void or unenforceable, that provision shall be read down to the extent necessary to make it valid and enforceable. Where the provision cannot be so read down it shall be deemed to be severed from this Agreement.
    5. References to "we", "us" and "our" are references to Hive Asia Pacific Pty Ltd.
    6. An electronic communication from us will satisfy any requirement for a written communication. Any electronic communication we send you will be taken to be received by you on the next business day after we send it, provided we have sent it to the email address you have provided to us.
    7. References to dollars or "$" means Australian dollars.

  2. Definitions and interpretation

    Points or Coinks®
    A unit of loyalty currency providing the Member with collector points and competition entries which can be redeemed for Rewards in the Programme and used for competitions
    Member
    consumers of products who collect Coinks® for redemption against Rewards and who join the Programme.
    Pack Owner
    The owner of Promotional Packs
    Programme
    A marketing tool incorporating Coinks® in which Rewards are offered to Consumers by the Reward Provider via the Promoter.
    Promoter
    Hive Asia Pacific Pty Ltd.
    Promotional Packs
    Unique promotional packs which offer Rewards under the Programme.
    Rewards
    Promotion offered by a brand owner.
    Entry into a competition with the opportunity to win a prize.
    Cash back shopping as defined by in promotions from time to time
    Cash
    specific rewards as defined by individual promotions.
    As detailed in term 4 below.
  3. Reward Provider

    4. The brand owners which offer Rewards under the Programme who may also be the Pack Owner.

  4. Membership Issues
    1. Membership and participation in this promotion is open to residents of Australia and New Zealand only excluding employees of the Promoter and the Reward Providers, their families, agencies or anyone else directly connected with the promotion.
    2. The criteria for Membership include being 16 years or over and completing an enrolment in the form the Promoter requires.
    3. You cannot accrue Points and/or enter competitions until you are a Member.
    4. Membership is personal to you. The sale or barter of points is strictly prohibited. A Member's right to use Coinks® within the Programme is non-transferable. Membership will terminate immediately in the event of a Member's death. Programme accounts and Coinks® balances are not transferable upon death or otherwise by operation of law.
    5. Members can only have one membership and one account in the Programme which is accessible only by their nominated username and password. Members with multiple accounts will be immediately removed from the Programme. For the avoidance of doubt, any individual using a correct username and password will have full access to that account and it is the Member's sole responsibility to protect this information from unauthorized individuals.
    6. Where we must give you notice of any matter concerning the Programme, we will be taken to have given you that notice if we send you a communication (whether by email, post or otherwise) to the address (including email address) as notified by you from time to time.
    7. Members shall at all times provide true and accurate information to the Promoter and to the Reward Providers. You will tell us if any details we have recorded concerning you change, as soon as practicable after the change.
    8. In the event that a Member's account is dormant or inactive for a period of 12 months or more the Promoter reserves the right to remove the Member's account from the Programme. The Promoter shall endeavour to contact the Member through their nominated email address to notify them that their account is at risk of removal. Members who reply within 30 days requesting the account remain active will have their points balance maintained. In the absence of a satisfactory response, the accrued points will be forfeited, and the Member's account may be removed.
    9. You will act fairly and reasonably to us in all matters connected with your application to become a Member and operation of the Programme. This obligation includes that you will:
      1. not give us any incorrect or incomplete information;
      2. not in any way sell, barter, attempt to transfer or otherwise deal with any benefits (including Points) connected with the Programme;
      3. not otherwise abuse or misuse any benefits accorded to you as a Member;
      4. not engage in conduct which is unlawful or illegal or engage in conduct which is in breach of these Membership Terms and Conditions;
      5. take steps to satisfy yourself that you have sufficient Points to redeem for any Reward you have requested note A Member must have sufficient points accrued before redeeming any Reward under the Programme;
      6. regularly check this site to check for any changes to these terms, and
      7. give us such information as we reasonably request in order to verify any entitlements associated with any Programme. This may include information in the form, for example, of receipts or physical codes.
    10. If there is any reason to believe that there has been a breach of these Terms and Conditions, or the spirit of the Programme, the Promoter may, at its sole discretion, refuse to process a Member's claim and terminate the Member's membership to the Programme. This includes, but is not limited to:-
      1. Attempting to collect or redeem points in contravention with these Terms and Conditions;
      2. Attempting to have, or having, multiple accounts;
      3. Any fraudulent activity with respect to copying or acquiring points;
      4. Interfering with the Programme or the Coinks® website.
      5. The Promoter will be the final arbiter in any decisions and these will be final and binding and no correspondence will be entered into.

  5. Points collection

    1. Points or Coinks® are solely a unit of loyalty currency providing the Member with collector points and competition entries not any form of contractual right or currency. They can be redeemed for Rewards in the Programme and used for competitions. They are not subject to your direction, control or other entitlement and may only be redeemed for cash under the conditions defined below.
    2. Purchases are required to participate in the Programme. To begin accruing Points simply register as a Member on a Coinks® run website and enter the unique code found on Promotional Packs and start collecting Coinks®.
    3. A Member is only entitled to earn points as set out under these Terms and Conditions and through authorised communications by the Promoter. The means of earning points and amounts are subject to change from time to time. A Member's account which does not correctly follow any required instruction or procedure may result in no points being earned and the Promoter may, at its sole discretion, refuse to process a claim and terminate the Member's membership to the Programme.
    4. A Member accepts sole responsibility for any tax implications or payment of tax that may arise through collecting points.
    5. A Member understands that there may be delay in crediting Coinks® for Rewards due to Reward Provider's failure to provide necessary information to the Promoter. The Promoter shall not be responsible or liable for the delay or failure to credit points in such event.
    6. Please note, that while we want to encourage you to collect points to enjoy the benefits of this service we actively discourage "over-consumption". DO NOT purchase more product than you can reasonably use, just to take up a reward or to try and win a competition. Suspected over-consumption, will also trigger some of our security checks, requiring you to provide additional proof of purchase, such as the physical codes and till receipts.

  6. Points redemption

    1. Points and competition entries collected by Members can be redeemed as follows:
      1. Members may Redeem Points against a promotion offered by a Reward Provider on Promotional Packs. Once a Member has collected sufficient points to redeem against a promotion offered by a Reward Provider, go to the link on this website and follow the instructions to redeem your reward. Points can be redeemed generally against all Reward Providers' standard Rewards, or exclusively against one particular Reward Provider's Reward. Only Points collected from a specific Reward Provider can be redeemed against that Reward Provider's "exclusive" Rewards.
      2. Members may redeem competition entries to enter a competition offered by a Reward Provider on Promotional Packs for the opportunity to win a prize. Once a Member has collected sufficient competition Entries for entry into a competition offered by a Reward Provider, go to the link on this website and follow the instructions for entry into the competition.
      3. Cash Exchange. Points carry differing exchange rates for cash depending upon the advertised exchange rate of each Reward Provider. When a Member exchanges points for cash, their point balance is debited and their "cash account' is credited, using the advertised 'exchange rate' for each unit that the Member has exchanged. The exchange rate is typically 1 point = 1 cent, but may vary with each unit or 'type' of point that the Member owns. Every Reward Provider issues its own unit or type of points. Therefore, if the Member has collected points from several different Reward Providers, the Member will own different types of points, each with an exchange rate that may be higher or lower than 1 point = 1 cent. Each type of point is eligible for exchange, for 180 days, or a period defined by the Reward Provider. Points that are not exchanged within the period are no longer eligible for exchange.
        The Member's 'cash account' must reach a minimum level before any payment request can be made by the Member. The minimum level is currently set at $5 and can be amended at the discretion of the Promoter subject to 30 days notice. Members can choose for payments to be made by either Electronic Funds Transfer (EFT) or by cheque. If the Member elects to receive payment by EFT then the Member will be asked to provide their bank account name, account number and sort code. The Promoter will ensure that these details are encrypted for security. For security reasons, Members cannot provide a bank account that is being used by another Member. This could delay or prevent payment. There will be a deduction of $2 if the payment request is by cheque, to cover extra administrative costs.
        Each payment request is submitted to security checks. In the majority of cases a Member will be informed by return email that their payment request has been 'accepted'. However, as a result of a random check, or because of a security concern a Member's payment request may be placed 'on hold'. If a Member's payment request is placed 'on hold' then the Member will be requested, via email, to send in one or more codes, by post, as proof of purchase. Provided that the Promoter receives the valid codes within 90 days the payment request will be accepted. If no codes are received then the payment request will be rejected and the cash amount will be lost.
        Once a payment request has been 'accepted', the payment will be paid and sent to the Member according to the following:- If the payment request is 'accepted' before the 20th of the Month ('Current Month'), then the payment will be processed from the first working day of the following Month ('Month 1'). If the payment is 'accepted' after the 20th of the 'Current Month', then the payment will be processed from the first working day of the Month following 'Month 1' .To retain cash in the 'cash account' Members must register at least one valid code every 180 days, otherwise their 'cash account' balance will be considered dormant and reduced to zero.
        The Promoter accepts no liability whatsoever for any Member's 'cash balance' which is lower than the minimum level or for any "payment request" that has NOT been accepted. The Promoter will use reasonable endeavours to pay out in full all 'accepted' payment requests however the Promoter will only make cash payments into the Member's 'cash account' when payment has been received in full by the Promoter from the relevant Reward Provider .The Promoter reserves the right to limit or reduce payments in the event of exceptional circumstances, such as suspected fraud or the failure of 3rd parties to provide effective indemnity. The Member is responsible for providing the correct payment details. The Promoter accepts no liability if these details are incorrect and as a consequence payment has not been received by the Member.
    2. All transactions are electronically monitored through a third-party network and each transaction is reported to the Promoter by the Reward Provider and the network. The Promoter is not responsible for system failures by the Reward Provider or the network. Any complaints or queries in relation to fulfillment or performance of Rewards provided under the Programme shall be directed to the Reward Provider.
    3. Points shall be subtracted from a Member's account immediately upon a Member choosing to redeem a Reward.
    4. Member's correspondence with or participation in the Programme is solely between corresponding Member and the Reward Provider. The Promoter assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any Reward.

  7. Privacy & Electronic Messages

    1. The Promoter respects the privacy of every Member and every individual who visits the Coinks® website. See the Privacy Policy for full details.
    2. You agree that the following apply to the personal information The Promoter or any existing or prospective Programme Partners collect about you in connection with the Programmes.
    3. Any or all of the Promoter and any existing or prospective Programme Partners may use personal information collected about you for the purposes of:
      1. meeting any of their commitments to you;
      2. disclosing that information to third party service providers whom any of them engage to assist in meeting commitments to you;
      3. any or all of them taking steps to endeavour to improve customer service (including by product development, research and marketing initiatives and analysis (including analysis of your acquisitions of goods and services)), and
      4. complying with any law or administrative requirement of any government or judicial agency or stock exchange.
    4. We may transfer your personal information to or from Australia for any of the purposes set out above.
    5. Personal information held by the Promoter will be held at its registered office or those of its contractors or third party service providers from time to time. You are responsible for ensuring that personal information we hold is correct and complete. Privacy law requirements regarding your right to review and correct any personal information are applicable to any personal information we hold about you.
    6. A Member agrees to allow the Promoter to communicate with him/her via email with suitable offers, which may contain opportunities to earn and redeem. The Promoter will always use this communication method responsibly under the terms of the Privacy Act 1988 and other self-regulatory restrictions. Members preferring not to receive such offers can visit their account information page and change their communication preferences to "opt-out" of receiving such offers from the Promoter.
    7. A Member agrees to allow the Promoter to pass on relevant details to Reward Providers only for the fulfilment of Rewards under the Programme. When a Member requests to leave the Programme there will be no further communication between the Promoter and the Member. The Member's account will be closed within 30 days and any unused Points will be forfeited.

  8. Disclaimer and Limitation of liability

    1. Where any law applying to this Agreement renders the following provisions of this clause unenforceable, then, to that extent, the following provisions of this clause do not apply.
    2. A Member expressly agrees their participation in the Programme is at the Member's sole risk. All Rewards supplied are provided solely by the Reward Provider and the Promoter makes no warranty in respect of such Rewards. The Promoter disclaims any and all warranties, including, but not limited to, the implied warranties of merchantability, fitness for purpose, and non-infringement. The Promoter is not responsible for those guarantees, warranties, and representations, if any, offered by Reward Providers. No advice or information, whether oral or written, obtained by a Member under the Programme shall create any warranty by the Promoter .
    3. To the extent permitted by law, (which may impose non-excludable obligations, terms, conditions, warranties and consumer rights into the operation of the Programmes by the Promoter), we are not liable to you for any monetary loss or damage. Where permitted by law to do so, we exclude liability to you for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether we have any control over circumstances giving rise to the claim or not. If we are liable to you in any way, our liability will be limited to allocating to your Membership Account the number of Points which we consider is appropriate in connection with which the relevant claim arose.
    4. The offer, redemption and fulfilment of Rewards are undertaken between the Member and the Reward Provider. The Promoter is responsible for the effective running of the Programme and the Coinks® website. Accordingly, the Promoter cannot accept any liability for:-
      1. Non or late delivery of Rewards to the Member by the Reward Provider.
      2. Faulty Rewards.
      3. Inaccurate description of the Reward by the Reward Provider on the Coinks® website.
      4. Inaccurate information received from the Reward Provider resulting in inaccurate information displayed in a Member's account regarding 'cash back' or 'cash exchange' amounts.

  9. Amendments and termination of Programmes

    1. The Promoter may from time to time adjust Members' Coinks® accounts upwards or downwards in respect to accounting errors, non-payment from Reward Providers, multiple accounts, refunds issued, Rewards returned or suspected fraud, for which the Promoter has full authority.
    2. The Promoter reserves the right to amend these Terms and Conditions and/or the operation of the Programme at any time. Any amendment shall be effective upon posting the modified Terms and Conditions and/or modified Programme on this Coinks® website and notifying Members either on the Coinks® website home page or via email. In the event of an amendment to these Terms and Conditions and/or the operation of the Programme, a Member's non-cancellation or continued use of the Programme after 30 days shall be deemed acceptance of the modified Terms and Conditions and/or Programme.
    3. The Promoter reserves the right to terminate the Programme at any time. Any notice of termination shall be posted on this Coinks® website. In the event of termination, a Member will have 30 days from the notice date of Programme termination to redeem any Coinks® in accordance with these Terms and Conditions. Unless specified otherwise, no additional Coinks® will be able to be accrued during this termination period.
    4. The Promoter will make every effort to communicate to all Members the termination period, however the Promoter will not be held responsible for failing to notify any individual Member regardless of the reason.
    5. The Promoter reserves the right at any time, and from time to time, without notice, to:-
      1. Withdraw, modify or limit Rewards offered by Reward Providers in the Programme and/or the number of Coinks® required to redeem for Rewards.
      2. Change Reward Providers under the Programme.

  10. Indemnity

    A Member agrees to indemnify and hold the Promoter, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, (including reasonable legal fees) relating to a Member's breach of these Terms and Conditions including the posting of any material on this Coinks® website.

  11. Dispute resolution

    Any dispute under the Programme will be resolved by the Promoter. In the event of error or omission on the part of the Promoter, the Promoter's liability to the Consumer is limited to crediting disputed Coinks® to Members' Coinks® account.

  12. Further information

    Any queries regarding Coinks® or the Programme must be sent in writing to the Promoter at Hive Asia Pacific Pty Ltd., Unit 10, 10 - 12 George Street, Leichhardt, Sydney, NSW, 2040.

  13. General

    We reserve the right to access and personal data to comply with applicable laws and lawful government requests. Where a Member fails to comply with our Terms and Conditions and this failure results in a third party complaint, we reserve the right to disclose individually identifiable information to the third party where applicable.

  14. Site Operator Information

    Postal Address: Hive Asia Pacific, Unit 10, 10- 12 George Street, Leichhardt, Sydney 2040
    Email address: info@coinks.com.au
    Company ABN 53 127 632 071