Thank you for using the products and services on our website located at https://cellarbrations.reward.direct/ or https://cellarbrationsliquidrewards.com/ or https://cellarbrationsliquidrewards.com.au/ (hereinafter the "Site"), and its related services (Site and related services collectively known as "Services"). These Services are provided by Independent Brands Australia ABN: 52097248621 of 1 Thomas Holt Drive, Macquarie Park, NSW 2113 ("the Promoter" or "We" or "Us" or "Our" or "Company").
The Services will only be available via the Site until 31 October 2018 unless otherwise extended by the Promoter in its absolute discretion.
2. Use of Our Services
The Services are made available for your own, personal use. They must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the Services you must comply with all applicable Australian laws (together referred to as "Applicable Laws").
You agree that when using the Services you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (a) use the Services in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or (b) attempt to gain unauthorised access to the Services or any networks, servers or computer systems connected to the Services; or (c) modify, adapt, translate or reverse engineer any part of the Services or re-format or frame any portion of the pages comprising the Services, save to the extent expressly permitted by these Terms or by law. You agree to indemnify the Promoter and its related companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Services otherwise than in accordance with these Terms or Applicable Laws. Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Our Services may display some content that is not the Promoter's. This content is the sole responsibility of the entity that makes it available.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to the Terms on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms and to review such changes.
3. Description of our Services
The Promoter, through the Services provided, gives you the ability to: receive Offers (defined below, and both non-personalised and personalised), engage with various commercial brands ("Brands"), submit your receipts as proof of purchase, store these receipts, receive rewards as credits and withdraw these credits via the different options that are made available.
The Promoter's Reward Offers:
The Promoter may, from time to time, issue offers ("Offers"), which may only be obtained through the Site and are subject to these Terms, and such additional terms and conditions as nominated by the Promoter in connection with those Offers.
Offers are only available to users registered with the Site.
The Promoter reserves the right to cancel, edit or withdraw any Offer or other promotion at any time without notice and without reason, including but not limited to, as a result of tampering, technical malfunctions or other reasons beyond the Promoter's control.
The Promoter's decision in relation to any Offer provided is final, and no correspondence will be entered into.
An Offer may only be redeemed, claimed or otherwise accepted on one occasion, unless clearly stated otherwise, and may not be redeemed, claimed or otherwise accepted in respect of multiple purchases, unless clearly stated in the conditions of the relevant Offer.
An Offer can be redeemed by receipt submission via the Site only. Any other forms of receipt submission which may include, but are not limited to, email, post, courier and/or hand delivery shall not be valid unless expressly accepted by the Promoter at its absolute discretion.
An Offer will only be valid from the date it is issued to the recipient until the Offer expiration date as is stated in the Offer details, such fixed period of time as stated in the Offer, or by such number as stated in the Offer.
The stated value of each Offer is the maximum potential value available for the Offer and is conditional upon claiming in accordance instructions and fulfilment of any other conditions pertaining to the Offer.
In no circumstances is an Offer made from any third party other than the Promoter and any retailers which may be referred to in an Offer are in no way a party to the Offer and shall not be liable in any way to users of the Services in respect of an Offer.
The Promoter is not responsible for any late, lost, incomplete, invalid or indecipherable claims.
Prior to submitting each receipt, a user is required to specify which Offers, if any, are to be claimed and validated on the submission of the receipt (known as claiming an Offer).
If the receipt, for whatever reason, does not contain one or all of the Offer products specified by the user, any claim for credits shall be null and void save that if any Offer is still available to a user at the time, the user may still re-fulfil all conditions pertaining to the relevant Offer(s) and earn rewards again in the normal way.
A user will only receive rewards for Offers that have been claimed using a valid receipt. If an Offer has not been claimed using a valid receipt, the user will not receive any reward for the Offer.
Each receipt provided to us is checked for eligibility to be a proof of your participation in order to verify Offers corresponding to your purchases, according to individual terms pertaining to the relevant Offer (if applicable). Your receipt data is further used by our proprietary system in communicating personalised Offers customised for your shopping needs. An image of a receipt submitted to the Promoter by electronic means will be processed via a third party technology platform and the resulting data.
Only paper receipts received from in-store purchases are valid to redeem an Offer. Any other types of receipts whatsoever including, but not limited to; online shopping receipts, e-receipts, handwritten receipts, home-printed receipts are not valid for Offer redemption. Initial delivery of rewards is automatic, and should the situation arise where non-paper receipts are submitted and rewards are given; the Promoter reserves the right to accept or reject these receipts and, if applicable, require re-payment of any reward at its absolute discretion.
Any receipt that is submitted to redeem an Offer must have all information clearly visible to the naked eye and must be submitted in accordance with any applicable specifications. The decision on whether information is clearly visible in accordance with these terms and conditions is taken by the Promoter at its absolute discretion and may without prejudice to such discretion be based on, but not limited to; the complete receipt being within the photo, the blurriness of the photo, the brightness of the photo, the physical condition of the receipt. If all the information is not clearly visible, the Promoter reserves the right to reject this receipt.
The Promoter reserves the right to reject any receipt that it considers to be damaged, and the decision on whether it is damaged will be made by the Promoter at its absolute discretion. A receipt may be considered damaged if it is one or more of the following, but not limited to and without prejudice to such discretion; ripped, fire damaged, heat damaged, water damaged, crinkled, crumpled, written on, folded.
Any receipt that has been written on by hand, intentionally or accidentally, can be considered tampered with and as such can be rejected. It is at the absolute discretion of the Promoter whether it is accepted or rejected and the Promoter reserves the right to do so at any time.
The receipt appearance of a product must be indicative of the product purchased. It cannot have an appearance that represents a reduction in price, such as (including but not limited to); 'reduced', 'reduced item' or similar variations. The appearance must be consistent for the product across the specific retailer that it was purchased in. The Promoter reserves the right to reject any receipt where the appearance of the product is not consistent with other receipts where the same product was purchased from the same retailer as this may indicate the incorrect product was purchased.
Receipts that are submitted to the Promoter's system including, without limitation, those that may be considered damaged, misprinted, tampered with, incomplete, or missing vital information (including, but not limited to; date, retailer, proof of completed transaction) can be rejected at the sole discretion of the Promoter.
When a receipt is submitted it is digitised automatically and any rewards that are given may undergo a second, manual, verification process. The Promoter reserves the right to accept or reject any receipts that have previously been verified for reasons including, but not limited to; misrecognised information, duplicate receipt, damaged receipt, tampered receipt, incomplete image.
In the situation where one or more products have not been recognised on a receipt, and therefore rewards have not been given, the user will be instructed to upload the receipt onto the Site again in accordance with the instructions. If after this second attempt the receipt is still not recognised, the receipt will be forwarded to customer service for manual review. Manual review should be expected to take up to 7 days but during times of peak activity this may be longer. Whilst waiting for manual review the receipt will be labelled 'Under Review'. If all rewards that were claimed are accepted after manual review the receipt will be labelled 'Earned'. If at least one but not all rewards that were claimed are rejected the receipt will be labelled 'Partly Accepted'.
If after manual review, the receipt is rejected as invalid or partially rejected (because they had some missing products), the user will not receive rewards for the missing products and will not be able to resubmit their receipt in order to claim them. Once this action has been taken the receipt will be labelled 'Earned'.
Receipt verification and withdrawal:
When you verifiably participate in our Offers and provide evidence to the Promoter of your purchase with a receipt in the manner as described in these Terms, we may provide you with your cash earnings or other types of rewards as described in the relevant Offer subject to these Terms, or any additional terms and conditions for the Offer. Offers are for personal individual use only, and cannot be used by any third party whatsoever including, without limitation, other businesses or merchants or similar services. We reserve the right to take appropriate action(s) against any user in breach of this condition. The fact that a particular user is found eligible for redemption does not mean that similar rewards have to be available for all users of the Services.
Once a user earns the minimum amount of funds required to make a withdrawal (currently stated at $1 but can be adjusted higher or lower, at any time without notice, at the Promoter's discretion), a user may request to withdraw these funds from their account. The funds held in a user's account can only be withdrawn via the Site, once the minimum threshold has been reached. If an account is terminated/deactivated, by either the user or the Promoter, the remaining funds cannot be withdrawn, either via any other means, unless stipulated otherwise by the Promoter.
Each receipt with earned rewards will initially be given "Under Review" and will then go through the process of verification by the Promoter. Verification of the earned rewards will normally take 2 working days (or longer during busy periods) and successful completion of the verification process will be indicated through change of receipt status from "Under Review" to "Withdrawn". Should the receipt be rejected by the Promoter it will be labelled "Declined". Where possible the Promoter will aim to communicate the reason for receipt rejection by appropriately tagging the receipt.
IMPORTANT NOTICE: Rewards will be automatically rejected by the Promoter if the receipt which is submitted as a proof of purchase for an eligible Offer is edited by you and/or tampered with in any way to modify its properties prior to its submission.
The Promoter has an absolute discretion in verifying a purchase made in accordance with the terms of an Offer, including contacting any third party to conduct such verification purposes.
Payment of funds:
Upon a user's request to withdraw their funds, they will be able to choose a mode of payment from the available options. The current modes of payment available are PayPal and Bank transfer.
Users are only be able to enter their details for PayPal once and can only connect their account to 1 (one) PayPal email address. No more than 1 (one) Shopitize account can be connected to the same PayPal email address. PLEASE BE AWARE THAT PAYPAL CHARGES A FEE OF 2.6% + $0.30 OF THE TOTAL VALUE THAT IS WITHDRAWN FROM THE PROMOTER SYSTEM.
Upon requesting withdrawal via EFT, users are required to enter the Name of the Account Holder, Account Number and BSB Number. Account Number and BSB Number are removed once the payment has been sent. A partial record of Account Number and BSB Number is kept as a reference for the transaction.
Once the withdrawal request has been approved, payment will be processed according to the following timeline:
- Payments by PayPal: 3 (three) working days.
- Payments by bank transfer: Between 2 (two) – 7 (seven) working days.
These timings are indicative, and could be earlier/later than specified. The Promoter is not responsible for actions controlled by the 3rd parties involved in the above steps. It is up to the user to provide accurate personal information (including bank details, mailing address, email, etc.) in order to receive payment. If incorrect information is provided, the Promoter will not be responsible for non-payment.
The Promoter may change these payment methods and its conditions from time to time.
If the Offer recipient does not elect a valid method of payment in accordance with the above options and has not accessed the Promoter's system as a signed-in user within 3 (three) consecutive months, the right to redemption and payment in accordance with the terms of the Offer will expire forthwith without further notice and the Promoter shall be entitled to retain such payment.
Once payments have been received by the recipient, the Promoter will keep a copy of all receipts related to the transaction for an undefined period of time. This is to comply with internal and external requirements.
Note that you are responsible for all taxes, if any, associated with your rewards. Individuals should seek their own financial and taxation purposes.
Your Registration Obligations:
You must be registered with the Promoter via the Site in order to access and use certain offerings within the Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form, and in particular confirmation of your age when requesting access to age restricted Offers, your official full name and mailing address. By submitting such information you warrant and represent to us that it is accurate and not misleading.
By using the Service, you warrant that you are aged 18 years or over.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Promoter of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Promoter will not be liable for any loss or damage arising from your failure to comply with this requirement.
The copyright in all material contained on, in, or available through the Services including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to the Promoter or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without the Promoter's express permission.
The trademarks, service marks, and logos ("Trade Marks") contained on the Services are owned by the Promoter or its related companies or third parties. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the Promoter or the relevant related company or the relevant third-party.
You are solely responsible for all information, in whatever form submitted to or via Services. The following are some examples of the kind of content and/or use that is prohibited by the Promoter. Whilst it is not obligated to monitor such content the Promoter reserves the right, at its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including, but not limited to, removing the offending content from the Services, suspending or terminating accounts of users suspected. You agree to not use the Services to:
- Post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party (including without limitation trademarks); (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) at the sole discretion of the Promoter, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose the Promoter or its users to any harm or liability of any type;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Solicit personal information from anyone under the age of 18;
- Harvest or collect email addresses or other contact information of other users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
- Knowingly submit tampered or non-eligible receipts to the Promoter.
5. Link to Third Parties
The Services may contain links to websites operated by third parties ("Third-Party Websites").The Promoter does not have any influence or control over any such Third-Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third-Party Websites or their availability or contents.
7. Use of Your Content in our Services
You retain ownership of any intellectual property rights that you hold in the content that you submit to our Services. When you upload or otherwise submit content to our Services, you give the Promoter (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our Services). The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Make sure that you have the necessary rights to grant us this licence for any content you submit to our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
8. Modifying and Terminating our Services
The Promoter is constantly working to improve and develop our Services to provide the best possible user experience, which means our Services may evolve over time. At any time, you can stop using our Services. The Promoter reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Promoter will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You agree that the Promoter, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if the Promoter believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Promoter may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Promoter may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that the Promoter will not be liable to you or any third party for any termination of your access to the Services
9. Advertisers on the Website
If you agree to purchase goods and/or services from any third party who advertises on the Services, you do so at your own risk. The advertiser, not the Promoter, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
10. Other Information & Disclaimers
DISCLAIMER / LIABILITY: USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE PROMOTER DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE SERVICES (INCLUDING ANY OFFERS); AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SERVICES (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN THE PROMOTER AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE SERVICES; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE SERIVCES. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
To the maximum extent permitted by law, Independent Brands Australia and Shopitize will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Services (including any Offers), for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) direct, special or indirect or consequential loss.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF THE PROMOTER IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE SERVICES (INCLUDING ANY OFFERS), THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO, AT THE OPTION OF THE PROMOTER, TO THE SUPPLY OF THE SERVICES AGAIN, OR PAYMENT FOR THE COSTS OF HAVING THE SERVICES SUPPLIED AGAIN.
Nothing in these Terms shall be construed as excluding or limiting the operation of the statutory consumer rights as contained in the Competition and Consumer Act 2010 or similar State and Territory consumer protection laws, or under the ASIC Act ("Non-Excludable Rights"), or for any other liability which cannot be excluded by Australian law. Your Non-Excludable Rights are only limited by the Promoter to the maximum extent permitted by law.
11. About these Terms
These Terms (as amended from time to time) constitute the entire agreement between you and the Promoter concerning your use of the Site.
The Promoter reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Services to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new Terms upon your continued use of the Services. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Promoter. These Terms shall be governed by and construed in accordance with New South Wales law and you agree to submit to the exclusive jurisdiction of the New South Wales Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
The Promoter's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Promoter in writing.