TERRYWHITE CHEMMART REWARDS PLUS TERMS AND CONDITIONS

Last updated: October 2024

DEFINITIONS

Account means your membership to Rewards and includes a record showing your Points balance, your contact details and preferences, and purchase history.

Application Form means any form (whether in paper, electronic or otherwise) which is required to be completed by a person wishing to become a Member.

Card means the card (whether in a physical, digital or other form) that is provided to a Member.

Customer means customer of a Pharmacy.

Earn Rate means a rate of 3 Points for every $1 (which equates to 0.03 Points for every 1 cent) spent on Qualifying Purchases.

Excluded Products means dispensary or prescription items, baby formulas and such other products as determined by TWCM in its absolute discretion from time to time.

Helpdesk means the call centre helpdesk of Rewards.

Member means a member of Rewards with a corresponding Account.

Non-participating Pharmacy means TerryWhite Chemmart pharmacy that has elected not to participate in Rewards from time to time.

Pharmacy means participating TerryWhite Chemmart pharmacies, excluding Non-participating Pharmacy, in its own right as an organisation that is responsible for meeting redemption of Reward Points and collecting, in its own right and as agent for TWCM, personal and sensitive information and other relevant data from Members.

Points means the Rewards points earned by a Member.

Points Threshold means a threshold of 300 Points accrued before Points can be applied in full or part payment of Qualifying Purchases.

Qualifying Purchases means purchases of non-prescription items that are not Excluded Products.

Redemption Rate means the rate at which Points can be applied in full or part payment of Qualifying Purchases, being a rate of 1 Point per 1 cent (which equates to $1 for every 100 Points accumulated).

Rewards means the TerryWhite Chemmart Rewards Plus program as amended from time to time by TWCM.

Rewards Offers means such offers of additional Points that we may provide to Members (whether to all Members or personalised to particular Members or a class of Members) from time to time, including but not limited to, special promotions of particular products and services as determined by us.

Terms means these TerryWhite Chemmart Rewards Plus Terms and Conditions together with any terms and conditions that may be printed on and attaching to the Card, any Rewards Offers (where applicable), the Application Form, and any other terms and conditions or variations that TWCM may publish from time to time.

TWCM, we, us, and our means TW&CM Pty Ltd ACN 136 833 620.

You, and your means a person that is or seeks to become a Member as the context requires.

INTRODUCTION

Rewards is owned and operated by TWCM.

The Terms form the basis of and govern the operation of Rewards and it operates as a legal contract between you, TWCM and each Pharmacy.

BECOMING A MEMBER AND CARDS

You may open an Account and become a Member, if you:

(a) are an individual 18 years old or over;

(b) have a current Australian residential address; and

(c) complete an Application Form and are issued with a Card.

In applying for, activating and/or using the Card you agree to be bound by these Terms.

Opening an Account is free but we reserve the right to charge for replacement Cards. The Card is not a credit card or charge card and remains our property. You cannot transfer or assign a Card or your Account.

Your existing membership of any other loyalty or rewards program with a Pharmacy will be cancelled immediately on acceptance of your application to join Rewards unless we or the Pharmacy advises otherwise.

We may:

(a) Reject or refuse any application for an Account; or

(b) Cancel any Card and Account as reasonably determined by us including, without limitation, if you fail to comply with the Terms, provide misleading information or make misrepresentations to us or a Pharmacy, or abuse any privilege accorded to a Member.

You must notify the Helpdesk as soon as possible for any change of your details and preferences.

If a Card is lost, stolen or damaged, you may apply for a new Card by visiting a Pharmacy or by calling the Helpdesk. Points can only be adjusted or credited by the Helpdesk. Any Points balance on Cards to be replaced will be transferred to the Member’s new Card provided the person requesting the new Card can be identified as the original cardholder. The lost, stolen or damaged Card will be disabled. We may charge you a reasonable fee for any replacement Card to cover administration and handling.

You may terminate or cancel your Account and Card at any time by calling the Helpdesk or by contacting customer support.

EARNING AND USING REWARD POINTS

You will earn Points at the Earn Rate spent at Pharmacies on Qualifying Purchases provided the purchase is made using approved payment means at the Pharmacy, and the Card is presented at the time of purchase. If you do not have a physical Card, the Pharmacy can identify your Account with your personal details.

Points and any benefit that they confer to you is not property, do not have any cash or monetary value and cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms.

We are not liable for any technical or other error or failure which results in Points not being recorded on a Card and your Account.

Points will accrue on:

(a) Qualifying Purchases of items on discount unless they are Excluded Items; and

(b) Sales on account and lay-bys that are paid in full.

Points will not accrue on:

(a) the Points used in a purchase transaction;

(b) payments received on behalf of third parties;

(c) payments received for subsidised government services;

(d) gift card purchases;

(e) historical purchases where a Card was not presented; and

(f) Qualifying Purchases which we reasonably consider as a purchase made for the purpose of export.

Any Points issued as a result of fraud, dishonesty or error, or that relate to a purchase by a Member that is subsequently cancelled or refunded, will be cancelled.

Additional Points may be earned from time to time in relation to Rewards Offers as advertised by us. Rewards Offers may be personalised or targeted to particular Members and cannot be sold, transferred or assigned to any other Member. Rewards Offers will also be governed by any specific terms and conditions applicable to the Rewards Offer in addition to these Terms.

Points on your Account will expire and be cancelled 18 months after the date the Points are issued.

Subject to your Points balance on your Account reaching the Points Threshold, you will on presentation of the Card in a Pharmacy, be able to apply all or part only of your Points at the Redemption Rate in part or full payment of any Qualifying Purchase. After the Points Threshold is met, there is no minimum value of Qualifying Purchases that Points can be applied to.

If as a result of applying all or part of your Points in part or full payment of any Qualifying Purchases, the number of Rewards Points you have is less than the Points Threshold, you will need to accumulate sufficient Points to reach the Points Threshold again before you can use your Points.

The Pharmacy shall be entitled to assume on presentation of the Card that the presenter is either the Member to whom the Card was issued or has the permission of the Member and is entitled to redeem the Points.

Pharmacies participating in Rewards agree to assume all loss and liability of meeting redemptions of Points by Members.

Points can only be used by the Member to whom it is issued. A Member cannot combine Points from more than one Card in order to reach the Points Threshold.

We may withdraw, limit, modify, cancel or increase the continued availability of Points or the applicability of the Points Threshold.

CHANGES TO REWARDS

We may:

(a) change the Terms, suspend or terminate Rewards or cancel your Card and Account;

(b) cancel Points, introduce an expiry date for use of Points accumulated on an Account, or make any other change which has the effect of changing Points credited to or may be credited to an Account;

(c) modify or otherwise change which products or services are Qualifying Purchases, the number of Points that will be recorded on a Card and a Member’s Account for purchases of Qualifying Purchases, what payment means are approved payment means for earning Points, and remove a Pharmacy from participating in Rewards.

If we terminate Rewards, any Points remaining on any Card or a Member’s Account will be cancelled and neither a Pharmacy nor TWCM shall have any liability to any Member or former Member.

We may endeavour to advise Members of amended or new conditions regarding Rewards via our website, or posting a notice in a Pharmacy, or by such other means including email or SMS that we may reasonably determine. Neither the Pharmacy nor TWCM will be liable for, and the Member agree not to make a claim, in respect of any failure to advise Members of altered or new conditions regarding Rewards.

LIMITATION OF LIABILITY

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 products or services supplied under Rewards are expressly excluded to the full extent permitted by law. Any liability TWCM and a Pharmacy may have to you in respect of such products or services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the products or services again.

TWCM is not liable for: any delay in issuing or replacing a Card; any use of a Card by a person other than the Member and any benefits derived from the use of the Card by that other person; your failure to present the Card at the time of making Qualifying Purchase; any delay, failure or inability to accurately record the details of any transaction or credit Points to a Card or Account; any loss or theft of or damage to a Card; any correspondence between TWCM and you that is lost or delayed in the mail; and the suspension or termination of Rewards, Points, or your Account.

The benefit of any exclusion or limitation of liability in these terms and conditions also applies to the Pharmacy. Pharmacies do not have any authority, express or implied, to make any representation, warranty or statement on behalf of TWCM and TWCM accepts no liability in respect of such representations, warranties or statements.

PRIVACY

Our Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change or update our Privacy Policy from time to time. At any time, the latest version of our Privacy Collection Statement and Privacy Policy is available from our website at https://terrywhitechemmart.com.au/legal/privacy.

By becoming a Member and participating in Rewards, you acknowledge that you have read and understood our Privacy Collection Statement and Privacy Policy and you consent to us and Pharmacies collecting, storing and using your personal information (including health information) in accordance with our Privacy Policy and these Terms. The types of personal information which we will collect, store and use, including your information provided within the Application Form, through your use of the Card, and from your purchasing of products and services from a Pharmacy including medicines, and dispensary items.

We collect, store and use your personal information (including health information in order to administer and operate Rewards. By becoming a Member, unless you have indicated otherwise) you authorise us and the Pharmacy to also use your personal information (including health information) to:

(a) contact you directly (including electronic by email, sms, or social media) with marketing and promotional material about Rewards, Pharmacies and other products and services (including products and services provided by our partners) which may be of interest to you based on your profile or activity; and

(b) assist the Pharmacy to provide you with certain other products and services based on your profile or activity.

Members may opt-out of receiving direct marketing communications at any time in accordance with our Privacy Policy.

We may collect from, disclose to, and utilise the services of Pharmacies and other third parties to deal with your health information as detailed in our Privacy Policy.

If you became a Member through one of our partners, you expressly consent to us and our Pharmacies providing your personal information (except any health information) to that partner for reconciliation purposes. We and our Pharmacies will not provide any sensitive information (including health information) to a partner.

We may disclose your personal information (including health information) to third parties to administer and operate the Rewards Program. This may include sharing your personal information (including health information) with other service providers that may provide products and services to us including suppliers, marketing agencies, data analysis specialists, data processing organisations, billing and debt recovery providers, website and data hosting providers, our Rewards administrators - Intellipharm Pty Ltd ACN 001 235 374 and other IT suppliers. If we disclose your personal information (including health information) to such service providers, we will take reasonable steps to ensure that the information is deidentified (where possible).

DISPUTES

Any question or dispute regarding Rewards or which arises in connection with a Member’s participation in Rewards, will be resolved by TWCM.