1) Terms and conditions
In these terms and conditions, “Bauer”, “we”, “our” or “us” means Bauer Media Pty Limited ABN 18 053 273 546, whose principal place of business is 54 Park Street, Sydney NSW 2000. “You” and “your” refers to persons who access and use the Reader Rewards mobile application (“Reader Rewards”). Reader Rewards is a customer loyalty program for participating newsagents. Please read these terms and conditions carefully as they apply to your use of Reader Rewards and all of its contents, and also to any associated services, products and software provided by us. By accessing or using Reader Rewards you agree to be bound by these terms and conditions.
We may revise the terms from time to time by updating this posting. The revised terms will take effect when they are posted and your continued use of Reader Rewards after that date will signify your agreement to the revised terms. These terms and conditions were last updated on 2 April 2014.
For the purpose of these terms and conditions:
a) “Agent” means the participating newsagents listed in Reader Rewards, as updated by us from time to time.
b) “Bonus Magazine” means the Magazine provided free of charge when you present a valid Redemption Barcode to an Agent.
c) “Magazine” means any Magazine listed in Reader Rewards, as updated by Bauer from time to time.
d) “Purchase” means payment is made in full for a Magazine at an Agent. For clarity, if more than one Magazine is sold in a bundle at a promotional rate, the bundle will constitute an eligible Purchase of one Magazine provided the bundle price is at least equal to the recommended retail price of one Magazine.
e) “Reader Rewards Points” means the loyalty points awarded to Reader Rewards users for each Purchase.
f) “Redemption Barcode” means the machine-readable barcode which can be accessed in Reader Rewards after a pre-determined number of Reader Rewards Points have been accumulated and which entitles you to the Bonus Magazine. The number of Reader Rewards Points required for a Bonus Magazine will be determined by us in our sole discretion and displayed in Reader Rewards.
g) “Validation Card” means the machine-readable QR code which must be scanned to capture Reader Rewards Points.
3) Earning Reader Rewards Points
a) Reader Rewards Points are used to determine when you are entitled to a Bonus Magazine and can only accrue to users of Reader Rewards.
b) You may earn Reader Rewards Points by:
i) making Purchases; and
ii) scanning the Validation Card at the time of Purchase.
c) You may receive bonus Reader Rewards Points from us as part of limited promotional offers. The availability of bonus Reader Rewards Points is determined by us in our absolute discretion. By claiming bonus Reader Rewards Points, you agree to be bound by such additional terms and conditions as advised by us at the time of the promotional offer. Please note that if you do not have push notifications enabled on your smartphone, you may not receive such promotional offers.
d) Reader Rewards Points may not be transferred or sold and do not have monetary value. Reader Rewards Points can only be used to claim Bonus Magazine(s).
e) You acknowledge that when you Purchase goods in connection with Reader Rewards (ie. Magazines), those goods are Purchased from the Agent and not Bauer and Bauer is not a party to that transaction.
f) Bauer accepts no responsibility for the availability of Magazines at an Agent.
4) Reader Rewards Points expiry
a) Subject to b), Reader Rewards Points do not expire.
b) The Redemption Barcode must be used to claim a Bonus Magazine within 45 days, after which time the relevant Reader Rewards Points will expire.
c) In the event the Reader Rewards program is terminated, we will notify you of termination and any Redemption Barcode must be used within 45 days.
d) We may also cancel your Reader Rewards Points in our discretion if your Reader Rewards account is suspended, if you breach any of these terms and conditions or if we reasonably believe you are engaged in fraudulent behaviour in connection with Reader Rewards.
5) Bonus Magazine
a) Only the Reader Rewards account holder may claim the Bonus Magazine.
b) To claim the Bonus Magazine, you must provide the Redemption Barcode to the Agent.
6) Licence to use Reader Rewards
a) You acknowledge that Reader Rewards, the content posted on Reader Rewards by us and our users, and the underlying software and technologies used to operate Reader Rewards, are all subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
b) We grant you a limited, non-transferable licence to access and use Reader Rewards solely for your personal, non-commercial purposes.
c) We (or our licensors) will retain all right, title, and interest in and to Reader Rewards, and nothing you do on or in relation to Reader Rewards will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph b), authorise you to exercise any Intellectual Property Rights unless expressly stated.
d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce Reader Rewards or any of its contents, in whole or in part, whether by automated or manual means (including through the use of any so-called robot, spider, scraper or similar technology), for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
e) Subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of Reader Rewards.
7) General restrictions
In using Reader Rewards, you must not:
a) violate any applicable laws;
b) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
c) disclose any password associated with an account you use to access Reader Rewards (or parts of Reader Rewards) and you agree that you will be solely and personally responsible for all activities that occur under your account;
d) collect or store personal data about other users of Reader Rewards; or
e) engage in any other conduct that inhibits any other person from using or enjoying Reader Rewards.
8) Warranties and liability
a) You may have rights under the statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability in paragraphs d), e) and f) below, apply subject to any rights you may have under such laws.
b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF READER REWARDS IS AT YOUR SOLE RISK AND THAT READER REWARDS IS PROVIDED “AS IS” AND “AS AVAILABLE”. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
i) YOUR ACCESS TO AND USE OF READER REWARDS WILL MEET YOUR REQUIREMENTS (AND YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGMENT TO EVALUATE READER REWARDS AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF READER REWARDS TO MEET YOUR REQUIREMENTS); OR
ii) YOUR ACCESS TO AND USE OF READER REWARDS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERRORS.
c) WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDNG ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, TIMELINESS, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
d) If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, common law or otherwise) and cannot be excluded (a “Non-Excludable Term”), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:
i) in relation to goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
ii) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
e) SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THIS AGREEMENT, OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF READER REWARDS, IS LIMITED TO $100. OUR LIABILITY TO YOU WILL ALSO BE DIMINISHED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS (OR THOSE OF A THIRD PARTY) CONTRIBUTE TO OR CAUSE THE LOSS OR LIABILITY.
f) SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THIS AGREEMENT OR ITS SUBJECT MATTER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS OR PROFITS.
g) The limitations and exclusions in paragraphs e) and f) apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity, or on any other basis.
h) You agree to indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach or failure to comply with any laws, or your misuse or infringement of any rights (including intellectual property rights) of a third party.
9) Variation of Reader Rewards
We may from time to time and without notice, vary, modify, discontinue, temporarily or permanently, any or all of Reader Rewards , including, without limitation, updating the list of Magazines which entitle you to Reader Rewards Points. If any change affects Reader Rewards Points already accumulated you will be notified at least 14 days before the change takes effect.
11) Additional offers
We may from time to time, provide you with information and offers about goods and services which may be of interest to you, including by sending you push notifications. If you do not wish to receive push notifications, please refer to the Apple End User Licence Agreement https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/.
a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b) All questions or disputes regarding eligibility for Reader Rewards Points or entitlement to Bonus Magazine(s) will be resolved by us in our sole discretion. All questions or disputes must be brought to our attention within 30 days of the incident first giving rise to the question or dispute by contacting us through the ‘feedback and support’ section of Reader Rewards or emailing us at email@example.com or contacting us through the ‘contact us’ section at readerrewards.com.au.
c) Any tax liability or other government charge in connection with or on any benefit derived by you from use of Reader Rewards is your sole responsibility.
d) These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
e) These terms and conditions constitute the entire agreement between us and you in relation to Reader Rewards and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to Reader Rewards.
f) Your use of Reader Rewards is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of Reader Rewards, including sending you electronic notices.
g) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.
h) The word “including” when used in these terms and conditions is not a term of limitation.