As a prelude to these terms and conditions, if you have any queries, issues or comments in regards to our Rewards Program, please contact us anytime at firstname.lastname@example.org and we will always strive to satisfy any querie.
1.1 The Tiny Tones Rewards Program (the “Program") is offered by Tiny Tones ABN 20 501 071 919 ("Tiny Tones orweorus") to eligible and participating customers making purchases and to potential customers on our website (located attinytones.com.au) ("Site”)
1.2 These Member Terms apply to the operation of the Program, the use of the Rewards Program, and any promotional activity and loyalty transactions that arise as a consequence of the Program.
1.4 Individuals who join the Program (“Member”) agree to be bound by any applicable the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Member Terms ("Member Terms"). By agreeing to these Member Terms, you are entering into an agreement with Tiny Tones, including its successors, assignees and related bodies corporate and agree to comply with any and all applicable laws and regulations, whether domestic or international.
2. MEMBERSHIP ELIGIBILITY
2.1 The Program is open to Australian and international residents over the age of 18 years old.
2.2 Membership in the Program is limited to individuals only and is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless Tiny Tones provides prior written consent, in its sole and absolute discretion. Membership in the Program is limited to one account per individual.
3. MEMBERSHIP ACCEPTANCE OF TERMS
3.1 By registering for the Program, you warrant and represent to us that you have read, understand, and agree to be bound by these Terms and that you are over the age of 18 years of age, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Member Terms.
3.3 Tiny Tones reserves the right to disqualify Members who have violated any of the Member Terms.
4. TINY TONES' RIGHT TO CHANGE/CANCEL PROGRAM
4.1 Tiny Tones may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Member Terms in its sole and absolute discretion at any time and in any manner without notice to you. Any modification to the Member Terms may be applied to a Member retrospectively.
4.2 Your continued participation in the Program will confirm your acceptance of such changes.
5. MEMBERSHIP ENROLMENT
5.1 Individuals can enrol in the Program by creating an account on the Site. An individual is deemed to be a Member when they sign up online and or use the account issued by Tiny Tones or where the Member is allocated a login and/or earn or redeem Benefit.
5.2 When joining the Program, Tiny Tones will record the Member’s full name, email address, contact phone number, mailing address and postcode and other details may be optionally recorded such as date of birth.
5.3 The Member must provide information accurately and completely when creating an account and Tiny Tones reserves the right to refuse membership to any Member who does not follow the enrolment procedures.
5.4 Members should promptly advise Tiny Tones of any changes to their personal account contact information, such as name, and/or email address, by visiting tinytones.com.au and updating their Member account. If a Member has not provided or updated Tiny Tones with correct details, Tiny Tones may not be able to contact the Member about their membership, Benefits, special offers or entry to competitions. Tiny Tones is not liable if a Member fails to notify us of any change of details, which may result in the Member not obtaining any Benefit or the loss or downgrade of their tier status.
5.5 Upon joining the Rewrads Program, the Member will be allocated to a Program tier on the basis of the transaction spend that qualified them to apply for membership. Details of the tiers are outlined on our Tiny Tones Rewards page.
5.6 Any Members who were customers of Tiny Tones prior to the date they commence their rewards program (Commencement Date) will be allocated to a Rewrads Program tier on the basis of the Member's Spend Balance for the period being twelve (12) months prior to the Commencement Date and deemed to accept the Member Terms on and from the Commencement Date.
6. RIGHT TO REVOKE
6.1 Tiny Tones reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of
Tiny Tones without notice or reason.
6.2 A Member may end their membership at any time by contacting our Customer Service team on email@example.com
Tiny Tones reserves the right to modify, refuse or terminate a Member’s account to the Rewards Program without notice or reason and at its absolute discretion.
7. DIGITAL WALLET (ACCOUNT)
7.1 In creating a user account with us for the Program, Tiny Tones will automatically generate a digital wallet to store your account information.
7.2 By registering an account with Tiny Tones, you are providing consent for your information to be stored including but not limited to information regarding your transactions. We are not responsible for any loss, injury or other harm you suffer in connection the storage of such information on our Site.
7.3 The expiry date of the Benefits is displayed in your account. Please ensure you are aware of the expiry date of the Benefits to ensure redemption occurs prior to this date. Tiny Tones is not liable to compensate or allow late redemption to any Members that fail to redeem their Benefits before the expiration date.
7.4 You can check the unspent balance of the Benefits in your account. Once your Benefits has reached its expiry date or reached nil balance, any unspent value cannot be used or redeemed by you.
8. DATA, PRIVACY AND PROGRAM COMMUNICATIONS
8.1 A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Tiny Tones of change of email address by updating Member account information online. Member may select the ‘forget the password’ function to their account as often as they please.
8.2 The Member consents in advance to be contacted about marketing, special Member promotions, product offers and/or other promotional purposes via email, SMS and other channels.
8.3 Tiny Tones will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a Benefit, communicate Program changes and more.
9. VALID PURCHASES
9.1 Except for the Exclusions set out below, purchases of merchandise and/or services on the site, after promotional offers have been applied (including the redemption of points), will be considered and count toward your Member Program tier status (“Valid Purchases”).
9.2Exclusions: The following purchases or amounts do not constitute a Valid Purchase:
(a) delivery charges and costs;
(b) any purchases made using a gift card, however the purchase of a gift card itself will be Valid Purchase; and
(c) selected merchandise or items specifically excluded as a Valid Purchase in the sole discretion of Tiny Tones from time to time.
10. POINTS EARNED FOR ELIGIBLE PURCHASES
10.1 Points earned for the relevant tiers are outlines on the Tiny Tones Rewards Program Page.
10.2 Tiny Tones reserves its rights to amend the Program Benefits and points to spend ratios, in its sole and absolute discretion, without notice.
11. TIER STATUS
11.1 Program tier status is based solely on a Member’s Spend Balance using the email address registered with a rewards account on tinytones.com.au.The criteria for each Tier and are subject to change at any time.
11.2Spend Balance means a Member’s net cumulative spend (i.e. after all discounts, returns etc have been applied) on Valid Purchases.
11.3 For more information on Program tiers, see the Tiny Tones Reward Program page.
12.1 Returns must be made in accordance with Tiny Tones' return policy. Upon the return of an item, the spend amount applied to Program tier status for the original purchase will be deducted from the Member's account.
13. PROGRAM BENEFITS AND DETAILS
13.1 All Benefits offered to Members at any time are subject to change.
13.2 Benefits which include free or express shipping are only applicable to Australian residents.
14. REDEMPTION OF BENEFITS
14.1 To redeem any Benefits when transacting online on the Site, a Member must ensure they are logged into a valid account.
14.2 Benefits will be redeemed in AUD in the form of a Voucher at predetermined increments of $5 and will be applied proportionally across each item purchased, based on the percentage each item represents of your total purchase.
14.3 Benefits redeemed in the form of a Voucher can be applied to a maximum of 50% of the total Eligible Purchase value. Benefits must not be redeemed in conjunction with any other offer unless otherwise indicated and only one Benefit may be redeemed per transaction.
14.4 All Benefits have an expiry date listed on the account, at which point they will no longer be available for redemption. Tiny Tones reserves the right to change the expiry date of any Benefit at any time without notice in their sole discretion.
14.5 Tiny Tones will not be held responsible or liable if the Benefits are not able to be redeemed for whatever reason including without limitation the failure of software or hardware or any other technical difficulties experienced on the Site.
14.6 If an online order is cancelled or refunded in part, Tiny Tones will automatically adjust or reverse the respective Benefits that were previously awarded to a Member in that transaction.
14.7 Members can view their Benefits at any time by logging into their account online on the Site.
15. NO TRANSFER
15.1 Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash or gift cards.
16. INTELLECTUAL PROPERTY
16.1 All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Tiny Tones.
17. RELEASE AND INDEMNITY
17.1 To the maximum extent permitted by law, Tiny Tones excludes any and all liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Member Terms, including but not limited to, any loss of business opportunity or anticipated savings.
17.2 To the maximum extent permitted by law, Tiny Tones expressly excludes any conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute in favour of you under these Member Terms.
17.3 You agree to release and indemnify and hold Tiny Tones and its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use of the Program, your breach of these Member Terms, or your violation of any law or the rights of a third party.
17.4 You agree to release all rights of uploaded digital material ( including but not limited to photos, video and written testimonial ) as collected as part of the rewards program, for use for marketing and all purposes as deemed suitable by Tiny Tones, in Australia and worldwide.
17.5 This clause survives termination of these Member Terms.
18.2 Tiny Tones may alter, limit, modify or terminate the extent of any competitions or giveaways, the competition structure, any other feature of the competition without notice.
19.1Waiver:Any failure or delay by Tiny Tones in exercising a power or right (either wholly or partially) in relation to these Member Terms does not operate as a waiver or prevent Tiny Tones from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Member Terms.
19.2Force majeure:If we are unable to perform in whole or in part, any obligation under these Member Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Tiny Tones will not be held liable for any delay or failure in performance of any part of the Program.
19.3Severability:If any part of these Member Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Member Terms. Such invalidity does not affect the validity of the remaining provisions of these Member Terms. This clause survives termination of these Member Terms.
19.4Relationship:These Member Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Tiny Tones and you or any other party unless expressly stated otherwise.
19.5Entire agreement:These Member Terms (and all other terms and conditions and policies that are incorporated by these Member Terms) and any additional policies or terms you have agreed to through use or access of our Program make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Member Terms and any additional Member Terms, the additional Member Terms will prevail. This clause survives termination of these Member Terms.
19.6Jurisdiction:These Member Terms are governed by the laws of Western Australia, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and its appellate courts. Although the Program may be accessed throughout Australia and overseas, we make no representations or warranties that its content, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Program from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Member Terms
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