28 NOVEMBER 2016
MEMBER TERMS & CONDITIONS – PILLOW TALK PRIVILEGE CLUB
1. These terms and conditions constitute your agreement (“Agreement”) with Pillow Talk Pty Ltd ACN 010 861 711 or its authorised representatives (“Pillow Talk”). This Agreement relates to promotions, competitions, prize draws, and privilege transactions (each a “Promotional Activity”) that are conducted by Pillow Talk in connection with the Pillow Talk and/or Home by Pillow Talk Privilege Club (“Privilege Club”) for the purpose of providing you with access to exclusive benefits (“Benefits”).
2. If you join the Privilege Club, and/or redeem Benefits, you agree to be legally bound by this Agreement.
MEMBERS OF THE PRIVILEGE CLUB
3. The Privilege Club is a membership program with the purpose of providing you (and other customers) with certain rewards for shopping at stores either owned or managed by Pillow Talk, specifically Pillow Talk or Home by Pillow Talk. Participation in the Privilege Club is open to all residents of Australia, other than employees of Pillow Talk. Entry is not available to persons aged under 18 years of age.
4. Entry into the Privilege Club is subject to you providing an employee of Pillow Talk with personal details, including and without limitation full name, date of birth, contact phone number, and email address (“Member Details”). Employees of Pillow Talk may request photo identification to verify your identity of at the time of becoming a Member or redeeming a Benefit. You must have a valid email address to become a Member. You may not use multiple email addresses or identities to submit multiple applications to become a Member. Without limiting any part of this Agreement, Pillow Talk may terminate your membership if it suspects that you have improperly submitted multiple entries for either the purpose of holding multiple memberships or any other reason. At all times you remain responsible for updating your Member Details with Pillow Talk. Pillow Talk will not accept liability for any incorrect Member Details.
5. Once you have provided Member Details in accordance with clause 4, you will become a member of the Privilege Club (“Member”). You will be provided with a member card (“Privilege Card”). Privilege Cards provided to Members remain the property of Pillow Talk at all times, one Privilege Card will be issued per Member. You are not required to hold a Privilege Card to be a Member of the Privilege Club. Privilege Cards do not expire. You must notify Pillow Talk immediately if your Privilege Card is lost, stolen, or misplaced and until any such time, Pillow Talk will not be held responsible or liable for any authorised or unauthorised transactions.
6. You can terminate your membership at anytime by providing written notice to Pillow Talk. If your Membership and/or Privilege Card is terminated, all outstanding and future Benefits will no longer be valid and will be rendered null and void. Your Membership of the Privilege Club is not transferable to any other person.
7. Membership to the Privilege Club is only applicable to in store purchases and is not recognised on Pillow Talk’s website at www.pillowtalk.com.au (“Website”) or online store.
8. All Benefits and Promotional Activities are generally communicated to you via email. If you do not provide Pillow Talk with your email address, you may miss out on Benefits or Promotional Activities.
9. If you hold a ‘Muse by Pillow Talk’ Privilege Card (“Muse Card”), you are entitled to claim Benefits or enter Promotional Activities available to Members.
10. Benefits include, without limitation, discounts and promotions on items available at shops of Pillow Talk (including Pillow Talk and Home by Pillow Talk) where Pillow Talk has expressly stated the Privilege Club applies.
11. Members of the Privilege Club will be entitled to receive Benefits. You are entitled to the advantage of one Benefit per transaction at the time of shopping.
12. You must give your Member Details or present your Privilege Card at the time of entering a Promotional Activity or receiving a Benefit.
13. Pillow Talk reserves the right to vary, withdraw or cancel the Benefits and/or Promotional Activities and any such changes will be notified to you in accordance with clause 23.
14. Benefits cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, cheques and credit notes.
15. If a Membership is terminated from the Privilege Club, all outstanding and future Benefits will no longer be valid and will be rendered null and void.
16. All Benefits have an expiry date and at which point they will no longer be available for redemption. Pillow Talk reserves the right to change the expiry date of any Benefit at any time without prior notice.
17. Pillow Talk and/or Home by Pillow Talk will not be held responsible or liable if benefits are not able to be redeemed for whatever reason but specifically, in the case of a technical failure of software or hardware or an EFTPOS malfunction.
18. Benefits do not compound. Only one Benefit is able to be used at any one time. For example, if you have 2 x 20% benefits available for you to use, you cannot add these Benefits together in order to obtain a 40% discount.
19. Benefits available to Members currently include:
20% off all full priced stock & 5% off all reduced, sale, clearance or marked down stock.
You are entitled to a special Benefit in the month of your birthday (“Birthday Benefit”). You must provide your date of birth at the time of becoming a Member in order to receive the Birthday Benefit. The Birthday Benefit can be redeemed once only in the Member’s birthday month. For example, if you have provided your birthday to Pillow Talk and it is the 16th of August, then you can use the Birthday Benefit in one transaction in the month of August. The Birthday Benefit excludes the purchase of gift vouchers, Muse water bottles, tote/shopping/carry bags, cards and wrapping paper. The Birthday Benefit cannot be used in conjunction with any other offer unless otherwise indicated.
New Member Benefit:
20% off all full priced stock & 5% off all reduced, sale, clearance or marked down stock.
As a one off benefit when a new member signs up to the Privilege Club, you are entitled to 20% off all full priced stock in store and 5% off all reduced, sale, clearance or marked down stock (“New Member Benefit”). The New Member Benefit:
10% off all full priced stock & 5% off all reduced, sale, clearance or marked down stock.
Every time you use your Privilege Card in store you will receive 10% off all full priced stock and 5% off all reduced, sale, clearance or marked down stock. This Benefit cannot be used in conjunction with any other offer unless otherwise indicated.
All benefits can be used on laybys.
If you cancel your layby, you forfeit the Benefit, meaning it cannot be used for a subsequent purchase. If your layby is cancelled because it has extended beyond the terms (as set out in the layby terms and conditions) then you also forfeit the Benefit, meaning it cannot be used for a subsequent purchase. All layby cancellations incur a $5 cancellation fee.
EXCLUSIONS FROM BENEFITS
20. The following items are exempt from ALL Privilege Club Benefits:
a. Pillow Talk gift vouchers (cards);
b. Muse Water (bottles);
c. Tote’s, shopping/carry bags, quilt storage bags etc;
d. Cards (birthday, anniversary, Christmas etc); and
e. Wrapping Paper (all).
RETURNS AND EXCHANGES
21. In the event you return or exchange an item that a Benefit was applied to, you immediately and irrevocably forfeit the Benefit. In the event that you wish to exchange an item for a lesser value you immediately and irrevocably consent to forfeit the Benefit on the exchange.
RIGHTS AND LIABILITIES
22. Pillow Talk reserves the right, in its absolute discretion, to exclude or disqualify customers or Members to the Privilege Club and to cancel any Privilege Card that may have been issued. Without limiting the foregoing, Pillow Talk may do so if you do not comply with any provision of this Agreement.
23. Pillow Talk reserves the right to make amendments to this Agreement, in which event it will make reasonable endeavors to contact you or publish details of the amendments on Pillow Talk’s Website. These new terms will be effective from the date of publication on the Pillow Talk’s Website.
24. Pillow Talk will not accept any liability for any email communication to any member that is misdirected, lost or not received.
25. Pillow Talk will not accept any liability for any technical issues, including without limitation the technical malfunction of any telephone network, connection or lines, computer online systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website or intranet site, that may cause damage to any computer related to, or used in connection with, the Privilege Club.
28. In its absolute discretion, Pillow Talk reserves the right to cancel, terminate, modify or suspend the Privilege Club at any time.
29. Pillow Talk will not be liable for any tax liability incurred by a Member in connection with the Privilege Club, including any tax liability incurred in the provision of Benefits.
30. Pillow Talk will have no liability to you if you fail to claim a Benefit for any reason, if you have provided any incorrect information including without limitation contact or address details, or if you are otherwise unable to enjoy the advantage of the Benefit for any reason beyond the control of Pillow Talk.
31. A Benefit may be subject to terms and conditions issued by the manufacturer, issuer or promoter of a specific Benefit (“Third Party Provider”). You agree to be bound by any such terms and conditions. You agree to use any Benefit only in accordance with any directions of use or terms and conditions issued by the Third Party Provider. Any brands, trade marks, logos, corporate indicia or intellection property of or relating to Third Party Providers does not necessarily imply any connection between Pillow Talk and the Third Party Provider, or any endorsement or approval of the Benefit by the Third Party Provider.
32. Pillow Talk makes no warranties of any kind in relation to the Benefits, Promotional Activities, or any goods and/or services offered in the Privilege Club. All statutory and other warranties, guarantees, promises or representations, however made or given and whether express of implied, as to quality merchantability or fitness for purpose of any such goods or services are expressly negatived and excluded to the fullest extent permitted by law. This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other statute, Act or law of the Commonwealth of Australia or any State or Territory thereof which by law cannot be excluded, restricted or modified. To the extent permitted by law, if Pillow Talk incurs a liability to any person under such legislation the liability of Pillow Talk is limited to the supply of equivalent goods or services, or the payment of the costs of supplying equivalent goods or services.
33. This Agreement is to be read in conjunction with any additional conditions associated with Benefits or Promotional Activities. In the event of any discrepancies, Pillow Talk's decision in its absolute discretion will be final and binding.
34. Pillow Talk's decision in relation to all matters arising in relation to the Privilege Club is final and binding.
35. This Agreement is made in the State of Queensland. It shall be construed in accordance with and shall be governed by the laws for the time being in force in the State of Queensland and the Commonwealth of Australia. You irrevocably submit to and accept the non-exclusive jurisdiction of any of the courts of the State of Queensland in relation to any dispute relating to this Agreement. Nothing prevents Pillow Talk from commencing proceedings against you in a court outside of Queensland.
36. This Agreement is personal to you and you may not assign or novate any of your rights under this Agreement. Pillow Talk may assign this Agreement, the benefit of this Agreement or any of its rights under this Agreement in its discretion. This Agreement, together with any special conditions published by Pillow Talk at any time, forms the entire agreement between you and Pillow Talk with respect to the Privilege Club. Each provision of this Agreement capable of having effect after termination and each representation and warranty made in this Agreement shall survive the termination of this Agreement.
37. All enquiries or communications relating to the Privilege Club should be addressed to Pillow Talk at the following address:
Pillow Talk Pty Ltd
PO Box 1122
OXLEY QLD 4075
or by contacting Pillow Talk at 1800 630 690 or firstname.lastname@example.org.