Application Form: is any form (whether in paper, electronic or otherwise) which is required to be completed by a person wishing to become a Member.
Customer: customer of a Pharmacy
Earn Rate: is a rate of 3 points for every 1 dollar (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 or a Pharmacy in its absolute discretion from time to time.
Full Terms and Conditions: The T&C together with any terms and conditions printed on and attaching to the Rewards Card, any reward vouchers (where applicable), the Application Form, and any other terms and conditions or variations that TWCM may provide or notify the Member of from time to time.
Rewards Member: a member of the Rewards Program.
Member’s Account: a record showing the Member’s Reward points balance, Member’s details and preferences and purchase history.
Pharmacy means participating TerryWhite Chemmart pharmacies in its their 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 of the Rewards Program.
Points Threshold: Threshold of 300 Reward Points before Reward Points can be applied in full or part payment of Qualifying Purchases.
Qualifying Purchases: purchase of non-prescription items that are not Excluded Products.
Redemption Rate: is the rate at which Reward Points can be applied in full or part payment of Qualifying Purchases, being a rate of 1 Rewards Point per 1 cent (which equates to $1 Rewards Dollar for every 100 Rewards Points accumulated) to be spent for future purchases.
Rewards Card: the card (whether in a physical, electronic or other form) that is provided to a Member.
Rewards Helpdesk: the call centre helpdesk of the Rewards Program.
Rewards Points: means the points earned by a Member.
Rewards Program: means the TerryWhite Chemmart Rewards Program as amended from time to time by TWCM.
T&C: mean the Rewards Program General Terms and Conditions. TWCM: TW&CM Pty Ltd ACN 136 833 620.
1. 1.1 The Rewards Program is owned and operated by TW&CM Pty Ltd ACN 136 833 620, of Ground Floor, 50 Park Road, Milton, Queensland 4064.
2. 1.2 These T&Cs form the basis of, and govern the operation of the Rewards Program and form part of the Full Terms and Conditions.
3. 1.3 The Full Terms and Conditions of the Rewards Program operate as a legal contract between TWCM, each Pharmacy and the Member.
2.1 A person may become a Member of the Rewards Program, if they are an individual 18 years old or over and have a current Australian residential address, by completing an Application Form and being issued with a Rewards Card. A person cannot be issued with more than one Rewards Card at any one time. In applying for and/or using the Rewards Card the Member agrees to be bound by the Full Terms and Conditions.
2.2 Membership is free but TWCM reserves the right to charge for replacement cards. The Rewards Card is not a credit card or charge card and remains the property of TWCM. The Rewards Card cannot be transferred or assigned by a Member.
2.3 The Member’s existing membership of any other loyalty or rewards program with a Pharmacy will be cancelled immediately on acceptance of the Member’s application to join the Rewards Program unless TWCM or the Pharmacy advises otherwise.
2.4 TWCM may, in its absolute discretion:
1. (i) Reject or refuse any application for membership; or
2. (ii) Cancel any Rewards Card at any time without notice and for any reasons including, without limitation, if the Member fails to comply with the Full Terms and Conditions, provide misleading information or makes misrepresentations to TWCM or a Pharmacy, dies or becomes bankrupt, or abuse any privilege accorded to the Member.
2.5 A Member must notify the Rewards Helpdesk as soon as possible for any update of the Member’s details and preferences.
2.6 If a Rewards Card is lost, stolen or damaged, the Member may apply for a new Rewards Card by visiting a Pharmacy or by calling the Rewards Helpdesk. Rewards Points can only be adjusted or credited by the Rewards Helpdesk. Any points balance on Rewards Cards to be replaced will be transferred to the Member’s new Rewards Card provided the person requesting the new Rewards Card can be identified as the original cardholder. The lost, stolen or damaged Rewards Card will be disabled. TWCM may charge the Member a reasonable fee for any replacement Rewards Card to cover administration and handling.
2.7 A Member may terminate or cancel their membership and Rewards Card at any time by calling the Rewards Helpdesk or by visiting www.terrywhitechemmart.com.au/Rewards.
3.1 A Member will earn Rewards Points at the Earn Rate spent at Pharmacies on Qualifying Purchases provided it is made using approved payment means at the Pharmacy, and the Rewards Card is presented at the time of purchase.
3.2 Rewards Points and any benefit that they confer to Members 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 T&Cs.
3.3 TWCM is not liable for any technical or other error or failure which results in the Rewards Points not being recorded on a Rewards Card and the Member’s Account.
3.4 Rewards Points will be accrued on:
1. (i) Qualifying Purchases of items on discount unless they are Excluded Items; and
2. (ii) Account sales and lay-bys paid in full.
3.5 Rewards Points cannot be accrued on:
3. (i) the Rewards Points used in a purchase transaction;
4. (ii) payments received on behalf of third parties;
5. (iii) payments received for subsidised government services;
6. (iv) gift card purchases; and
7. (v) historical purchases where a Rewards Card was not presented.
3.6 Any Rewards 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 by TWCM.
3.7 Additional Rewards Points may be earned from time to time in relation to special promotions of particular goods or services as advertised by TWCM. Earning of these additional Rewards Points will be governed by any specific terms and conditions in addition to the Full Terms and Conditions.
3.8 Rewards Points on a Member’s Account will expire and be cancelled 18 months after its issue date.
3.9 A Member who has accumulated sufficient Rewards Points to reach the Points Threshold will on presentation of the Rewards Card in a Pharmacy be able to apply their Rewards Points at the Redemption Rate in part or full payment of any Qualifying Purchase.
3.10 The Pharmacy shall be entitled to assume on presentation of the Rewards Card that the presenter is either the relevant Member or has the permission of the Member, and is entitled to redeem the Rewards Points.
3.11 Pharmacies participating in the Rewards Program agree to assume any and all loss and liability of meeting all redemption of Rewards Points by Members.
3.12 Rewards Points can only be used by the Member to whom it is issued. A Member cannot combine Rewards Points from more than one Rewards Card in order to reach the Points Threshold.
3.13 TWCM may at any time and in its sole discretion, and without prior notice to Members, withdraw, limit, modify, cancel or increase the continued availability of Rewards Points or the Points Threshold.
TW&CM Pty Ltd
ABN 38 136 833 620 Page 3 of 6
4.1 TWCM may at any time, in its absolute discretion and with or without prior notice to Members, amend the Full Terms and Conditions including these T&Cs, suspend or terminate the Rewards Program or cancel a Member’s membership.
4.2 Without limiting clause 4.1, TWCM may at any time at its absolute discretion and without notice, cancel Reward Points, introduce an expiry date for use of Reward Points credited to a Rewards Card, or make any other change which has the effect of changing Rewards Points credited to or may be credited to a Rewards Card.
4.3 Without limiting clause 4.1, TWCM may at any time at its absolute discretion and without notice modify or otherwise change which goods or services are Qualifying Purchases, the number of Reward Points that will be recorded on a Rewards Card and into a Member’s Account for purchases of Qualifying Purchases, what payment means are approved payment means for earning Reward Points, which pharmacies will be participating Pharmacies.
4.4 If TWCM terminates the Rewards Program, any Rewards Points remaining on any Rewards Card or Member’s Account will be cancelled and neither a Pharmacy nor TWCM shall have any liability to any Member or former Member.
4.5 TWCM may endeavour to advise Members of altered or new conditions regarding the Rewards Program via the TWCM’s website, or posting a notice in the Pharmacy, or by such other means including email or SMS as TWCM may determine, but neither the Pharmacy nor TWCM will be liable for any failure to do so.
5.1 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 Rewards Program are expressly excluded to the full extent permitted by law. Any liability TWCM may have to a Member in respect of such goods or services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again.
5.2 TWCM is not liable for: any delay in issuing or replacing a Rewards Card; any use of a Rewards Card by a person other than the Member and any benefits derived from the use of the Rewards Card by that other person; any failure of a Member to offer the Rewards Card at the time of making Qualifying Purchase; any delay, failure or inability to accurately record the details of any transaction or credit Reward Points to a Rewards Card; any loss or theft of or damage to a Rewards Card; any correspondence between TWCM and the Member lost or delayed in the mail; and the suspension or termination of the Rewards Program or Reward Points.
5.3 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.
6.1 Your Privacy
TWCM respects your rights to privacy under the Privacy Act 1988 (Cth) and is required to comply with the Australian Privacy Principles in respect of the collection of personal and sensitive information from individuals, as are Pharmacies to which the Privacy Act applies. TWCM is not responsible for and accepts no obligation or liability for compliance with the Australian Privacy Principles by Pharmacies.
6.2 How does TWCM collect and hold personal information?
Customers apply to become a Member by completing an Application Form. You consent to TWCM and Pharmacies collecting those details provided within the application and upon activation. You also consent to TWCM and a Pharmacy collecting details of a Member’s use of their Rewards Card and in particular the items that are purchased.
6.3 What information do we collect?
The personal and sensitive information collected by the Rewards Program includes your name, date of birth, email address, mobile and/or home phone numbers, residential/mailing address and a list of all products purchased including dispensary items. It is optional for you to provide either TWCM or the Pharmacy with any additional personal and sensitive information when applying for membership or when activating your card.
6.4 Who uses and how is your personal information used?
TWCM collects your personal and sensitive information including your name, date of birth, email address, mobile and/or home phone numbers, residential/mailing address and a list of all products purchased including dispensary items to properly conduct the Rewards Program. TWCM may also use your information to provide further offers, to analyse purchasing trends, and to market products and services to you. By applying for membership you authorise TWCM and the Pharmacy to use the personal and sensitive information collected in the application process and as a result of purchases made by you for purposes related to the Rewards Program or to provide further offers, to analyse purchasing trends and to market products and services to you.
6.5 Is my information communicated to anyone else?
The information collected by Intellipharm and Oracle may be disclosed to TWCM and the Pharmacy at which you have purchased products and services.
We endeavour to take all reasonable steps to keep secure any personal information which we hold about you, and to keep this information accurate and up to date.
However, as the internet is not a guaranteed secure environment your information that you send to us via that method is sent at your own risk. The TWCM website is a secure and controlled environment whilst you are logged into your Member Account.
Your information is stored on secure servers that are protected in controlled facilities. In addition, our employees and data processors are obliged to respect the confidentiality of personal and sensitive information held by TWCM. However, TWCM will not be held liable for events arising from unauthorised access to your personal and sensitive information.
6.7 How can I access and/or change my information?
It is important that you keep your personal information up to date. If you want to access or amend your information you can do so online by logging into your Member Account or by notifying the Rewards Helpdesk on 1800 772 002 or at email@example.com.
6.8 How do I ‘opt out’?
If at any time you no longer wish to be a Member please notify the Rewards Helpdesk on 1800 772 002 or at: firstname.lastname@example.org.
6.9 What happens to my personal information if I am no longer a Member?
If you are no longer a Member we are required by law to destroy all of your personal and sensitive information relating to your membership. Your information will be deidentified and securely destroyed.
6.10 How do I make a complaint?
If you are unsatisfied with the manner in which we have dealt with your personal information and wish to complain, you can direct your complaints to the Rewards Helpdesk at email@example.com. If you are still unsatisfied, you may wish to direct your complaint to the Office of the Australian Information Commissioner at http://www.oaic.gov.au/ or alternatively: By phone: 1300 363 992 In writing: GPO Box 5218 Sydney NSW 2001.