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WAY FUNKY COMPANY “FEED THE FUNKYS REWARD PROGRAM” TERMS AND CONDITIONS

General

1. Feed the Funkys Rewards Program, (“the Rewards Program”) is operated by the Way Funky Company ABN 15 111 108 251 (“WFC”). Participation in the Rewards Program indicates your agreement to be bound by the Terms and Conditions as detailed below and will also be taken as you having given the privacy consents referred to in these Terms and Conditions.

2. These Terms and Conditions are separately for the benefit of, and separately enforceable by, each of WFC and the Rewards Program Partners (“Program Partners”). Program Partners are organisations with whom WFC has an agreement concerning:

a) WFC entering credits (“Reward Points”) in the Feed the Funkys Rewards Program Membership Account (“Membership Account”) held by WFC concerning you as a result of certain eligible transactions; and

b) those Program Partners supplying benefits (“Rewards”) to you when WFC accepts and notifies them of a valid redemption request from you.

3. References to dollars or “$” means Australian dollars.

Membership"

4. You can become a Member of the Rewards Program if you meet the eligibility criteria set out in these terms (and any others posted on the WFC website www.wayfunky.com from time to time) and have your application for Membership accepted by WFC (acceptance being at the sole discretion of WFC).

4. You can become a Member of the Rewards Program if you meet the eligibility criteria set out in these terms (and any others posted on the WFC website www.wayfunky.com from time to time) and have your application for Membership accepted by WFC (acceptance being at the sole discretion of WFC).

5. WFC may issue a Rewards Program Membership number (“Membership number”) and/or Rewards Program Membership card (“Membership card”) to you.

6. Only individuals may be members of the Rewards Program. A person can join the Rewards Program at anytime by completing the applicable online registration form at the WFC website www.wayfunky.com. A Membership Account will be activated at this time. Any initial and all subsequent transactions will be included in the member's Membership Account.

7. A member must complete the online registration form at the WFC website www.wayfunky.com in order to apply for a Membership Account and use any reward entitlements issued through the Reward Program.

8. A member's name, email address, postal address and contact phone number are required when applying for a Membership Account.

9. You cannot accrue Reward Points until you are a Member of the Reward Program.

10. Registration in the Reward Program indicates your agreement to receive mailings including special offer and event information and monthly newsletters and catalogues.

11. Members must keep their registration details up to date.

12. Membership of the Reward Program is personal to you. This means that Membership Accounts, Membership Cards and all benefits associated with Membership (including Reward Points and Rewards) are not transferable to anyone else. You cannot pool or combine your Reward Points with those of others to redeem Rewards, or for any other reason.

13. Where WFC must give you notice of any matter concerning the Rewards Program, WFC will be taken to have given you that notice if WFC sends you a communication (whether by email, post or otherwise) to the address (including email address) as notified by you from time to time

14. WFC reserves the right, at any time without notice, to:

a) decline to activate or issue Membership Accounts;

b) on reasonable grounds, withdraw or cancel Membership Cards, or entitlements to rewards;

c) terminate a member’s membership in the Reward Program; or

d) terminate the Reward Program.

15. Reasonable grounds for withdrawal or cancellation of Membership Cards include:

a) any tampering or defacing or unauthorised use of a Membership Card.

b) any abuse or attempted abuse of the Membership Card or the Reward Program;

c) any use or attempted use of a Membership Card in a manner contrary to these Terms and Conditions; or

d) any reasonable suspicion of dishonesty of a member in connection with the Reward Program.

16. Members must report if their Membership Card is lost or stolen. WFC may, in their discretion, issue a replacement card.

Reward points:

1. In these Terms and Conditions, references to the redemption of Reward Points refers to your request to WFC to manage the process under which WFC, or a Program Partner is directed by WFC, to supply an eligible Reward to you in accordance these terms and conditions.

2. WFC will only allocate Reward Points in respect of you for eligible transactions with eligible program partners. These details will be as set out at the WFC website www.wayfunky.com from time to time.

3. Specific limits regarding Reward Points for specific types of transactions are set out in these Terms and Conditions, and also on www.wayfunky.com. These are in addition to the limits set out in these terms. WFC may apply additional terms in respect of the availability of, and eligibility for, Reward Points by notice on www.wayfunky.com or other written notice to you. You agree to observe these additional terms.

4. Transactions which qualify for the earning or redemption of Reward Points and the basis upon which Reward Points are earned and redeemed may differ amongst Program Partners. The earning propositions from time to time of various Program Partners are as set out at the WFC website www.wayfunky.com.

5. Reward Points earned and redeemed as part of the Reward Program are referred to as “points”.

6. Reward points will be held in a member's Membership Account and can be used in full or part payment for a purchase at the WFC warehouse outlet or through other partners as listed at the WFC website www.wayfunky.com.

7. In order to obtain or redeem Reward Points a member must present their Membership Card at the time of each transaction at the point of sale or, if the purchase is by telephone, fax, mail order or online, by quoting their Membership number – in each case before the purchase is concluded.

8. The number of Reward Points allocated to you must be sufficient for the particular Reward requested by you at the time of processing your redemption request.

9. Members earn reward points at the rate of 10 points for every $1 spent on eligible WFC merchandise as listed at the WFC website www.wayfunky.com.

10. Members may redeem reward points at the rate of 100 points for every $1 on eligible WFC merchandise as listed at the WFC website www.wayfunky.com.

11. The payment and/or number of Reward Points required to redeem a particular Reward from time to time is set out at www.wayfunky.com. Reward point redemption may be limited, withdrawn, modified, cancelled, increased or otherwise amended from time to time by WFC.

12. Membership Accounts, including purchases and entitlements will be updated on the business day immediately following the purchase that gives rise to the entitlement, or as soon as possible and can be checked via the WFC website www.wayfunky.com. Members should check their Membership Account regularly.

13. WFC will not allocate Reward Points (and will reverse any allocation) in respect of any transaction which is the subject of a cancellation, refund or return.

14. Without incurring any liability to you, WFC may reverse or cancel Reward Points which have been allocated to you through breach of these Terms and Conditions or otherwise incorrectly.

15. Reward points are solely a unit of measurement adopted by WFC and are not any form of contractual right, property or currency. Reward Points are not subject to your direction, control or other entitlement. Reward points cannot be redeemed for cash or for any other benefit outside of the scope of these Terms and Conditions.

16. WFC may receive a payment from Program Partners to enable the provision of Reward Points and/or Rewards to you.

17. The Reward Card is neither a credit, debit or stored value gift card and is to be only used for purposes associated with the operation of the Reward Program.

18. All returns, credits and freight charges will be deducted.

19. Trade purchases are not available for inclusion in the Reward Program.

20. Any disputes relating to transactions in a member's Membership Account should be directed to and raised with WFC as soon as practical, but not more than three months from the date of any activity giving rise to your enquiry. WFC retains absolute discretion in the resolution of all disputes and WFC’s decision is final and binding on members.

21. WFC may in its absolute discretion suspend or terminate the Reward Program at any time without prior notice. WFC will not be liable for the suspension or termination of the Reward Program on any account whatsoever including (without limitation) for any Reward Points balance in a member's Membership Account at the time of suspension or termination including any Reward Points awarded in accordance with clause 26 of these Terms and Conditions.

22. 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 Reward Program are expressly excluded to the full extent permitted by law. Any liability WFC may have to a member under statute in respect of such goods and services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at WFC's option.

23. Participation in the Reward Program may be subject to taxes (including GST), duties, levies, charges or other liabilities. You accept sole responsibility for informing yourself of these, and for paying such taxes, duties, levies, charges and other liabilities.

24. WFC reserves the right to make any changes at any time to these Terms and Conditions and to any part of the Reward Program. A current version of these Terms and Conditions will be available on the WFC website www.wayfunky.com.

25. To the extent permitted by law, WFC is not liable to you for any monetary loss or damage. Without limitation, WFC is not liable 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 WFC has any control over circumstances giving rise to the claim or not. If WFC is liable to you in any way, our liability will be limited to allocating to your Membership Account the number of Reward Points which WFC consider is appropriate in connection with which the relevant claim arose.

Privacy & Electronic Messages

26. You agree that the following apply to the personal information WFC or any existing or prospective Program Partners collect about you in connection with the Rewards Program (including in connection with your transactions with any Program Partners).

27. Your personal details collected as part of the membership application process along with your transaction history and mailing requests will be held on a database maintained by WFC, and will be collected, stored, used and disclosed in accordance with WFC’s Privacy and Security policy.

28. WFC’s Privacy and Security policy can be viewed at the WFC website www.wayfunky.com.

29. Any or all of WFC and any existing or prospective Program Partners may use personal information collected about you for the purposes of:

a) meeting any of their commitments to you;

b) disclosing that information to third party service providers whom any of them engage to assist in meeting commitments to you;

c) any or all of them marketing products or services to you;

d) 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

e) complying with any law or administrative requirement of any government or judicial agency or stock exchange.

30. You consent to receiving marketing and promotional material from WFC or any existing or prospective Program Partners. You agree that WFC need not include an "unsubscribe" facility in any electronic message WFC sends you.

Our Obligations

31. The consideration for the Agreement constituted by these Terms and conditions is WFC's commitment to you to do the following for so long as WFC operates Feed the Funkys Rewards Program:

a) receive and process your application for Membership to the Reward Program;

b) maintain records of Rewards Points;

c) establish and manage relationships with Program Partners concerning eligible transactions to earn Reward Points and the provision of Rewards;

d) manage the allocation of Reward Points and the redemption of Reward Points;

e) procure the supply of Rewards to you by Program Partners

f) where you have given us an electronic contact address, send you electronic messages to that address providing updates and information concerning the Reward Program, and

g) provide you with information concerning the Reward Program via the WFC website at www.wayfunky.com.

32. Our obligations under these Terms and Conditions are based on, and limited by, the various limitations and obligations to which you have purported to agree by enrolling for Rewards Program Membership, whether or not these Terms and Conditions are enforceable against, or voidable by, you.

33. Without limitation, WFC cannot guarantee the availability of particular Rewards to meet any redemption request. WFC and any Program Partners may limit, withdraw, modify, cancel or increase the availability of particular Rewards. Neither we, nor any Program Partner who is not the supplier of a particular Reward, will be liable for any loss, damage or expense (however caused) arising from any failure or omission by WFC or Program Partners to supply particular Rewards to you. Separate terms for the supply of Rewards may apply to your relationship with Program Partners in respect of Rewards. WFC is not a party to those separate terms (they do not form part of any contract between you and WFC) and is not liable for any loss, damage or expense (however caused) in connection with that supply arrangement. Should you have any claim regarding the quality or otherwise of a Reward, you should direct that claim to the supplier of that Reward.

34. WFC’s contracts with Program Partners are personal to WFC and those Program Partners and are not enforceable by you or for your benefit.

35. WFC does not guarantee that the Rewards Program will continue indefinitely, or that it will always be managed and operated by WFC. The Reward Program and these Terms and Conditions may be terminated by WFC generally, or in respect of some aspects of it. WFC will give at least 90 days notice of that termination (whether by email, post or otherwise) to the address (including email address) as notified by you from time to time, and by posting details on the WFC website at www.wayfunky.com. You will be entitled to redeem any Reward Points that you have accrued as at the date of notice of termination of the Rewards Program for a period of 90 days from when notification of the termination of the Rewards Program was issued. WFC does not guarantee the range or identity of Program Partners - they may change from time to time.

Limitation of liability

36. Where any law applying to these Terms and Conditions renders the following provisions of this clause unenforceable, then, to that extent, the following provisions of this clause do not apply.

37. These terms together with any subsequent amendments made in accordance with these terms set out the entire terms of the contract with you regarding the Rewards Program.

38. To the extent permitted by law, WFC is not liable to you for any monetary loss or damage. Without limitation, WFC is not liable 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 WFC has any control over circumstances giving rise to the claim or not. If WFC is liable to you in any way, our liability will be limited to allocating to your Membership Account the number of Reward Points which WFC considers is appropriate in connection with which the relevant claim arose.

39. This Agreement is governed by and will be construed in accordance with the law in force in the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of courts of that State.


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