Loyalty Program Terms and Conditions
Last updated on 3 February 2023
Welcome to the AMPERNA® Inner Circle!
What are these terms about?
AMPERNA® (also referred to in these terms as “our”, “we”, or “us”) runs a loyalty program (“Program”) for the benefit of our customers. “You” in the context of these terms means you!
As a loyal member of the Program, you will be rewarded for every purchase you make, unlocking more benefits with every purchase.
These terms apply when you enrol into the Program by registering online www.amperna.com (“Website”).
Please let us know if you have any questions about these terms. If you don’t agree to these terms, please do not use the Program. By using the Program, you agree to be bound by these Terms.
I’ve returned to your Website, do I need to read these terms again?
We may change any part of these terms at any time by updating this page of the Website, including by changing the values of the Program points, the benefits and rewards applicable (“Benefits”) or any other feature of the Program, so you may find that different terms apply next time you interact with the Program. Amperna will endeavour to provide at least 2 weeks’ notice before changing the Benefits.
You can check the date at the top of this page to see when we last updated these terms.
TERMS AND CONDITIONS
- You must be an individual to be eligible to enrol into the Program.
- By registering for an Account and enrolling into the Program, you represent and warrant that you are:
- an individual and not a company or organisation;
- not an employee or individual employed by Amperna; and
- not an employees or individual employed by our stockists.
- To enrol into the Program, you must sign-up, register and receive an account through the Website (Account).
- As part of the Account registration process, you may be required to provide personal information and details, such as your email address, first and last name, birthday, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.
- You agree that you are solely responsible for:
- maintaining the confidentiality and security of your Account information and your password; and
- any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
- You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
- Once you complete the Account registration process, we may, in our absolute discretion, choose to enrol you into the Program and provide you with an Account.
- We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
- By enrolling in the Program, you consent to receiving marketing emails and communications relating to the Program from us, including reminder emails notifying you that you are about to lose points.
- You acknowledge and agree that by opting out of communications relating to the Program, you may not receive emails relating to the Benefits applicable to you.
3. OVER OF PROGRAM
- You may receive points (“Points”) for the Program when doing certain activities as advertised by Amperna on our Website or official socials, such as following our official socials or leaving a review.
- Points can be redeemed on Amperna’s Program platform, which can be accessed via your Account on the Website.
- When redeemed, Points will grant you vouchers to use when ordering Amperna products excluding gift cards. The value of the voucher rewarded for redeeming the Points will be calculated based on the number of Points redeemed and subject to the then current value of Points as set out on Amperna’s Website.
- All vouchers granted for redeeming Points will be in Australian Dollars.
- A “Cycle” means a period of 12 months from the date on which you last made a purchase from Amperna. At the end of every Cycle, your Points will reset to 0. You acknowledge and agree that unused Points at the end of a Cycle expire at the end of that Cycle.
- Points will be added to your Account 7 days after completing the activity advertised as rewarding Points by Amperna.
4.1 TERMINATION BY US
- We reserve the right to terminate your access to the Program (including your Account or Benefits) for any reason. Where we terminate your access to the Program, we will endeavour to give you 4 weeks’ notice and the opportunity to spend your Points in this notice period.
- TERMINATION BY YOU
- You may terminate your Account and your access to the Program at any time by disabling your Account through the Website.
- Nothing in this clause 4 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
- EFFECT OF TERMINATION
- Upon termination of these terms:
- your access to the Program will be revoked;
- any Points that you have earned will automatically expire; and
- your Account may be terminated.
- To the maximum extent permitted by applicable law, Amperna limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Amperna, is limited to the greater of $100.
- Products sold by Amperna, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
- All other express or implied representations and warranties in relation to Products and the associated services performed by Amperna are, to the maximum extent permitted by applicable law, excluded.
- Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
- (Indemnity) You indemnify Amperna and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
- breach of any of these terms;
- use of the Website; or
- use of any goods or services provided by Amperna.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Amperna be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Amperna (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
6. FORCE MAJEURE
- If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
- reasonable details of the Force Majeure Event; and
- so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
- Subject to compliance with clause 6.1 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
- The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
- For the purposes of these terms, a ‘Force Majeure Event’ means any:
- act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
- strikes or other industrial action outside of the control of the Affected Party;
- war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
- any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
- 24 hours after the email was sent; or
- when replied to by the other party,
- whichever is earlier.
- GOVERNING LAW AND JURISDICTION
- This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
- An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
- A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
- ENTIRE AGREEMENT
- This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word "includes" and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.