Think Loyalty Program – Terms and Conditions

Background

The Think Pharmacy Group (“TPG”) is inviting Participants to join the Think Loyalty Program.

Participants in the Think Loyalty Program will receive Think Loyalty Points which may be used to purchase products and services.

1. Introduction
   
   
1. The Think Loyalty Program will be known as the Think Loyalty Community “TLC”.
   
2. These Terms and Conditions form the basis of the TLC. They are intended to protect TPG and the Participant. It is the Participant’s responsibility to read and understand them
3. These Terms and Conditions are effective from the date of publication (6/06/2008) and may be amended from time to time.
4. Every Participant is subject to these Terms and Conditions.
   
   
2. Definitions
   
   In these Terms and Conditions unless the context otherwise requires:
   
   “Loyalty Points” means the points attributed to the Participant for purchasing certain products from TPG from time to time.
   
   “Participant” means a person, company or trust approved by TPG to participate the TLC.
   
   “Qualifying Products” means the products sold by certain participating Think Pharmacies, Think Pharmacy Online, and other Think companies that earn Loyalty Points.
   
   
“Terms and Conditions” means the terms and conditions incorporated in this agreement, which may be altered by TPG in accordance with clause 4.

“Think Mobility” means Think Mobility Pty Ltd that sells and hires medical equipment.

“Think Pharmacy” means any Think Pharmacy that sells pharmacy products and is listed at www.thinkpharmacy.com.au .

“Think Pharmacy Group” and “TPG” includes all Think Pharmacies listed at www.thinkpharmacy.com.au , Think Pharmacy Online, Think Mobility and any other entities owned or operated by the Directors of Think Pharmacy Pty Ltd as agreed to participate in the TLC from time to time.

3. Eligibility
   
   
   1. TPG, at its sole discretion, will determine who or what entity may become a Participant in the TLC.
   2. Following acceptance, TPG will issue the Participant a TLC membership card. The TLC card remains property of Think Pharmacy Pty Ltd.
   3. Participants may, at any time, withdraw from the TLC. Withdrawal from the TLC will mean the Participant will forfeit any Loyalty Points that have been accumulated. Upon withdrawal fro TLC th e Participant must return the TLC card.
      
   4. TPG may, at its sole discretion, determine what products and services may accumulate Loyalty Points for a Participant and the number of points to be accumulated.
      
      
4. Changes to the Think Loyalty Program
   
   
1. TPG reserves the right at all times, subject to applicable laws, to make any changes (whether material or otherwise) to the TLC, the Terms and Conditions, the allocation of Loyalty Points, the value of Loyalty Points, redemption of Loyalty Points, including:
1. removal of any Participant from TLC at any time without notice,
2. changes to the amount of the Loyalty Points,
3. changes to the Qualifying Products that contribute to Loyalty Points,
4. changes to the timing of allocation of Loyalty Points,
5. changes to the method of redemption of Loyalty Points.
6. changes to the number of Loyalty Points apportioned to any Participant.
   
2. Subject to applicable laws, TPG will:
1. not be liable for any loss or damage whatsoever suffered by any Participant as a result of TPG making such changes;
2. subject to clause 4(ii)c use reasonable efforts to advise Participants of changes to these Terms and Conditions, but will not be liable in any way for any failure to do so;
3. where circumstances are appropriate, use reasonable efforts to give Participants at least 1 month prior notice where a change will reduce the value of the Loyalty Points.
   
3. Without limiting clause 4 in any way, Participants will be taken to have received notice of any changes to these Terms and Conditions if TPG notifies the Participant of the change by any method including by providing notice at an address provided to TPG by the Participant, by advising the Participant by email or by posting details of the changes on the website www.thinkpharmacy.com.au .
   
4. TPG does not guarantee the continued availability of any benefit from TLC or the Loyalty Points.
   
5. TPG will not be liable for any damage or loss, express or implied, should TPG change the Terms and Conditions.

 

5. Termination or Suspension of the Think Loyalty Community
   
   
1. TPG gives no warranty as to the continued availability of the TLC. TPG may terminate or suspend the TLC at any time. The termination or suspension may be applicable to some only, or all of the Participants. Where circumstances are appropriate, TPG will use reasonable efforts to give at least 1 month notice to Participants of such termination or suspension.
   
2. If TPG terminates the TLC then TPG may terminate or cancel any benefits including the Loyalty Points.
3. Subject to applicable laws, TPG will not be liable for any loss or damage whatsoever suffered by any Participant as a result of such termination, suspension or cancellation.
   
   
6. Participant Obligations and Responsibilities
   
   
   1. Participants must comply with these Terms and Conditions at all times.
   2. The Participant will keep all personal information required by TPG current and must promptly notify TPG of any change.
      
   3. The Participant will be responsible to ensure that Loyalty Points have been accrued for purchases of Qualifying Products. Failure to notify TPG of any discrepancies within FIVE business days may result in forfeit of the Loyalty Points. TPG always retains the right to final say in the allocation of all Loyalty Points.
      
   4. The Participant cannot transfer Loyalty Points to another person.
      
   5. The Participant must promptly notify TPG if the TLC card has been lost or stolen.
      




7. Think Loyalty Community
   
   
1. Participants of the TLC will receive Loyalty Points by purchasing Qualifying Products from Think Pharmacies listed at www.thinkpharmacy.com.au, Think Pharmacy Online and other related Think companies in accordance with these Terms and Conditions.
   
2. For each Dollar spent by the Participant when purchasing a Qualifying Product, TPG will allocate an FIVE Loyalty Points to the Participant. Such allocation of Loyalty Points may take THREE working days to be credited to the Participant.
   
3. Loyalty Points will only be allocated once a Qualifying Product has been paid for in full by the Participant.
   
4. Qualifying Products include all items stocked in Think Pharmacies listed at www.thinkpharmacy.com.au at the time of purchase by the Participant excluding prescriptions covered on the Pharmaceutical Benefits Scheme and some items on special. Qualifying Products may also include certain services provided by TPG from time to time as notified by TPG.
   
5. Only the Participant can earn the Loyalty Points.
   
6. TPG can, at any time, reverse any number of Loyalty Points allocated to a Participant.
   
7. TPG will notify the Participant from time to time of the number of Loyalty Points they have been allocated. TPG will not be liable for any failure to do so.
   
8. TLC is void where prohibited or restricted by law.
   
   
8. Loyalty Point Redemption
   
   
1. Loyalty Points can not be redeemed for cash.
   
2. Loyalty Points may only be redeemed for products specified by TPG.
   
3. One Hundred Loyalty Points may be redeemed for each Dollar value of a Qualifying Product at the time of purchase by the Participant.
   
4. Loyalty Points may only be redeemed once the Participant has more than 500 Loyalty Points.
   
5. Loyalty Points may only be redeemed from those Think Pharmacies listed at www.thinkpharmacy.com.au at the time of redeeming the points or other TPG companies as TPG agrees from time to time.
   
6. Loyalty Points expire after three years after the date of allocation to the Participant. TPG reserves its right to alter the expiry period of any Loyalty Points without notice.
   
7. Only the Participant can redeem the Loyalty Points.
   
8. Notwithstanding clause 8(ii), TPG will determine, at its sole discretion, the number of Loyalty Points that may be used to purchase any product.
   
   
9. Privacy
   
   
1. TPG will not share or disseminate your personal information to any other person, company or institution for any reason without your consent unless required to by law.
   
2. TPG will be subject to the National Privacy Principles under the Privacy Act 1988 (Cth) (as amended by the Privacy Amendment (Private Sector) Act 2000 (Cth)).
   
3. This clause explains in general terms how Think Pharmacy protects the privacy of your personal information under the National Privacy Principles. It will apply to any personal information provided to us.
   
4. TLC  gathers information to ensure safe and effective use of medicines and to maximise your shopping experience.
   
5. All of your personal information can be accessed online by you.
   
   
10. General
    
    
1. Interpretation: In these Terms and Conditions, unless the contrary intention appears:
1. the singular includes the plural and visa versa;
2. dollars, Dollars or “$” means Australian Dollars;
3. unless otherwise stated, all dollar amounts include any applicable GST;
4. reference to “include” or “including” means “including but not limited to”.
   
2. The Participant agrees to keep all aspects of their trade with TLC and TPG confidential.
   
3. Governing Law: The Terms and Conditions and participation in the TLC are governed by and will be construed in accordance with the laws of the State of Queensland, Australia. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions the Participant submits to the non-exclusive jurisdiction of the State of Queensland.
4. Nothing in these Terms and Conditions affects any rights a Participant may have and which by law cannot be excluded, including under the Trade Practices Act (1974).
5. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
6. TPG recommends that Participants consult their accountant or tax adviser to ensure that they understand possible tax implications, if any, related to Participant.

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