Huon Aquaculture – Fresher Rewards Rebate Program

This document sets out the Terms and Conditions which apply to the Huon Fresher Rewards Rebate Program (Rebate Program). It also contains information about how to access the Rebate Program.

Any queries regarding the Rebate Program should be directed to fresherrewards@huonaqua.com.au or phone (03) 6295 8111 between 9.00am and 5.00pm (AEDST/AEST) Monday to Friday, excluding public holidays.

1  Definitions

1.1 In this document the following terms have the following meanings:

Consequential Loss means loss of profits; loss of revenue; loss of production; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation, future reputation or publicity; damage to credit rating; loss of use; indirect, remote, abnormal or unforeseeable loss, or any similar loss arising out of these Terms and Conditions or the Rebate Program, whether or not it was in the reasonable contemplation of the parties at the time of execution of this document.

End Use Customers means any person or Organisation who:

  • has an ABN;
  • utilises Huon products; and
  • does not purchase Huon products directly from Huon, including but not limited to independent retail wet fish stores, independent retailers, restaurants, food service outlets, sushi groups and independent sushi stores within Australia.

Huon means Huon Aquaculture Company Pty Ltd (ABN 86 067 386 109)

Organisation means an entity which carries on business in Australia, including, but not limited to companies, partnerships, sole traders and trusts.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Program Participant means an End Use Customer who has applied for, and has been approved by Huon to participate in the Rebate Program.

Rebate Product means:

(a) a poly box or bin of Huon Aquaculture ‘A’ Grade Head On Gutted Salmon;

(b) a poly box of salmon fillets; or

(c) any other product that Huon determines to be a Rebate Product in accordance with clause 4.9.

Rebate means the payment of a cash rebate to a Program Participant calculated with reference to the relevant Rebate Rate and the quantity of relevant Rebate Products purchased by that Program Participant.

Rebate Program means the ‘Fresher Rewards’ rebate program being carried out by Huon under which Huon enables Program Participants to claim a Rebate for eligible purchases of Rebate Products in accordance with these Terms and Conditions.

Rebate Program Account means a personalised account created by a Program Participant using the Rebate Program App.

Rebate Program App means the mobile application available for download in the Android and Apple App stores and used to participate in the Rebate Program.

Rebate Rate means the rebate rate applied by Huon from time to time and notified to Program Participants.

Terms and Conditions means the Terms and Conditions set out in this document.

2 Application to Participate

2.1 Huon provides End Use Customers with the opportunity to participate in its Rebate Program by applying to establish a Rebate Program.

2.2 Applications to participate in the Rebate Program may be made by any End Use Customer who:

(a) is a natural person over the age of 18 years; or

(b) is an Organisation which has the legal capacity to contract in Australia; and

(c) consents to the use of their Personal Information in accordance with clause 8.

2.3 To make an application to establish a Rebate Program Account, End Use Customers may download or update the Huon Aquaculture Fresher Rewards mobile application and complete the application process for the Rebate Program.

2.4 Any cost associated with postage, downloading and accessing the Rebate Program App or accessing the Rebate Program website is the Project Participant’s responsibility and is dependent on the internet service provider used by the Project Participant.

2.5 Upon receipt of an application to participate in the Rebate Program, Huon will notify the End Use Customer as to whether or not they have been issued with a Rebate Program Account.

2.6 Huon has the right to accept or reject any application for membership in the Rebate Program in its sole discretion.

2.7 The Rebate Program will solely be conducted through the Rebate Program App.

2.8 Each Program Participant is only entitled to one Rebate Program Account per person or Organisation.

2.9 Participation in the Rebate Program and use of the Rebate Program App is subject to these Terms and Conditions. By establishing a Rebate Program Account the Program Participant agree to be bound by these Terms and Conditions.

2.10 If, at any point, a Program Participant wishes to stop participating in the Rebate Program or the Program Participant does not agree to be bound by these Terms and Conditions, the Program Participant must cease participating in the Rebate Program immediately and must notify Huon in writing via email to fresherrewards@huonaqua.com.au

2.11 The Rebate Program can be used in conjunction with other offers or promotions by Huon.

3 Membership Obligations

3.1 Program Participants must:

(a) comply with these Terms and Conditions;

(b) not abuse or misuse any benefits of the Rebate Program, services or arrangements accorded to a Program Participant as a result of participating in the Rebate Program, including by:

(i) supplying or attempting to supply false or misleading information, or making a misrepresentation to Huon;

(ii) selling, assigning or transferring, or offering to sell, assign or transfer any Rebate Program Account or right to receive a Rebate;

(iii)acting in a hostile, abusive or aggressive way towards Huon, its employees and representatives; or

(iv) creating multiple Rebate Program Accounts that each receive an entitlement to a Rebate.

3.2 Each Program Participant is responsible for regularly checking its Rebate Program Account, keeping its membership details up to date and separately providing Huon with accurate bank account details. Program Participants must notify Huon via email to fresherrewards@huonaqua.com.au of any changes, omissions or incorrect details upon becoming aware of them. Huon will separately contact the nominated representative of the Program Participant to verify bank account details as a precondition to making any payment of Rebates. Huon is not responsible or liable for any failure of a Program Participant to notify Huon of any such changes, omissions or incorrect details, or for any incorrect information notified to Huon.

3.3 If a Program Participant breaches these Terms and Conditions, Huon may:

(a) suspend the operation of the Program Participant’s Rebate Program Account;

(b) cancel or refuse to honour any claim for a Rebate, or if such claim has been made, cancel or refuse to honour the payment of the Rebate;

(c) cancel any Points in a Program Participant’s Rebate Program Account; or

(d) terminate a Program Participant’s Rebate Program Account in accordance with clause 12.

3.4 Unless otherwise required by applicable laws, Huon will not be liable to a Program Participant for any loss or damage suffered as a result of Huon exercising its rights under clause 3.3.

4 Accruing an entitlement to a Rebate

4.1 To accrue an entitlement to a Rebate, Program Participants must:

(a) purchase and receive a Rebate Product; and
(b) scan the unique barcode of the Rebate Product using the Rebate Program App (each poly box or bin (as applicable) containing the Rebate Products will contain 1 unique barcode).

4.2 Program Participants will be granted an entitlement to a Rebate based on the quantity of Rebate Products purchased by the Program Participant at the Rebate Rate that applies to those Rebate Products as notified by Huon from time to time.

4.3 Scanned Rebate Products will be verified by Huon by cross checking the unique barcode with Huon’s database of dispatched products.

4.4 Once a unique barcode is scanned it can no longer be scanned by any further Program Participant. In the event that a barcode has already been scanned a message will alert the person attempting to scan the barcode.

4.5 Huon will use all reasonable efforts to ensure that all verified claims to a Rebate will be paid on or before the Rebate Payment Date. Huon accepts no responsibility should payment be made later than the Rebate Payment Date for reasons beyond its reasonable control.

4.6 Only the unique barcode on a Rebate Product may be scanned to redeem Points. Purchase receipts, physical labels or other purchase identifiers will not be accepted unless Huon, in its sole discretion, decides to grant an entitlement to a Rebate to a Rebate Program Account based on these purchase identifiers.

4.7 Huon reserves the right, at any time, to verify the validity of claims for Rebates. An entitlement to a Rebate is not transferrable.

4.8 Purchase of any Rebate Product is subject to availability and it is the responsibility of the Program Participant to check the availability of Rebate Products with the Huon Aquaculture State Representative.

4.9 From time to time, Huon may add additional products as Rebate Products to the Rebate Program. These additional Rebate Products may only be available for a limited time, in a limited quantity, and subject to additional terms and conditions including the relevant Rebate Rate that applies for the purchase of those additional products. Program Participants will be notified of any new Rebate Products or revised Rebate Rates via the Rebate Program App and / or direct email.

5 Claiming a Rebate

5.1 Entitlements to Rebates made through the Rebate Program App may be subject to follow up enquires, investigations or security and verification checks as Huon determines to apply in its absolute discretion. The entitlement to a Rebate will be ineligible if the unique barcode (and/or purchase receipt/tax invoice) is mutilated, illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way, or if these documents fail any of the Promoter’s security and verification checks.

5.2 If there is a dispute as to the identify of a person claiming an entitlement to a Rebate, Huon reserves the right, in its sole discretion, to determine the identity of the person.

5.3 In accordance with clause 3.2, Program Participants are responsible for ensuring that Huon has their correct details (including postal address and bank account details if they wish to participate in the Rebate Program). In the event that a Program Participant provides Huon with incorrect details or fails to update Huon with their correct details, Huon takes no responsibility and will not be liable for any loss of a Rebate. In those circumstances, the Rebate many be forfeited and no additional or replacement Rebate may be paid.

5.4 Huon will not be responsible or liable for any delays in the payment of a Rebate to the Program Participant.

6 Protection of Membership Details

6.1 For Program Participants to access their profile on the Rebate Program App, Program Participants must create a login and password. Program Participants are solely responsible for the confidentiality and use of their password, as well as for any activity undertaken using their profile.

6.2 Unauthorised use and allocation of a Program Participant’s login and password may lead to termination or suspension of the Program Participant’s profile and access to their profile or the Rebate Program App.

6.3 Program Participants must notify Huon immediately if they become aware that their login and password have been compromised, or if there has been any unauthorised access to their profile or the Rebate Program App.

6.4 If an individual uses or accesses a Rebate Program Account on behalf of an Organisation, the Organisation warrants that the individual is authorised by the Organisation to access and use the Rebate Program App and the Rebate Program Account on behalf of the the Organisation.

6.5 Huon accepts no responsibility and will not reverse or modify any transactions made to a Rebate Program Account, by a person within an Organisation who does not have the authority to do so.

7 Ending, Suspending or Altering the Rebate Program

7.1 Program Participants acknowledge that Huon gives no undertaking as to the continued availability of the Rebate Program.

7.2 Huon reserves the right to make changes to these Terms and Conditions or the Rebate Program at any time. Alterations will be notified to Program Participants via the email address provided by the Program Participant at the time of creating a Reward Program Account. Alterations will take effect 7 days after the date that Huon notifies Program Participants of the change.

7.3 Huon may end the Rebate Program at any time and for any reason. If Huon decides to end the Rebate Program, Huon will endeavour to provide Program Participants with 7 days’ notice in writing (either via the Rebate Program App or to the email address provided by the Program Participant at the time of creating a Reward Program Account). In this situation any entitlement to a Rebate left in a Program Participant’s Rebate Program Account will remain payable by Huon on or before the relevant Rebate Payment Date for those Rebate Products that have not yet been subject to a Rebate. Following this, no further entitlement to a Rebate will accumulate and the Rebate Program App will cease to operate.

7.4 Program Participants acknowledge that there may be situations which require Huon to immediately:
(a) make changes to these Terms and Conditions or to the Rebate Program. In this situation, Program Participants will be notified of the change, however such change will take effect immediately; or
(b) end the Rebate Program. In such circumstances, any current entitlement to a Rebate will be paid by Huon on or before the relevant Rebate Payment Date for those Rebate Products that have not yet been subject to a Rebate provided that it is lawful to do so.

7.5 Program Participants acknowledge that if the Terms and Conditions are amended, the Rebate Program is amended, or the Rebate Program is ended, Huon will not provide compensation (other than payment of existing Rebate entitlements) for any reason related to the amendment or the conclusion of the Rebate Program.

8 Privacy and Information Security

8.1 Huon respects each Program Participant’s right to privacy and will collect and manage each Program Participant’s Personal Information in accordance with the Privacy Act 1988 (Cth) and Huon’s privacy policy which can be found at http://www.huonaqua.com.au/privacy

8.2 Huon’s Privacy Policy contains information about how Program Participants may opt out, access, update or correct their personal information, how Program Participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.

8.3 Huon collects Personal Information directly from a Program Participant to conduct the Rebate Program and may, for this purpose, disclose a Program Participant’s Personal Information to third parties, including but not limited to agents, contractors and service providers, but any such disclosure will be limited to what is necessary for the purposes of the Rebate Program.

8.4 Subject to clause 8.5, Huon will not disclose a Program Participant’s Personal Information to entities outside Australia.

8.5 From time to time, Huon may request a Program Participant’s consent to provide their Personal Information to Huon’s related bodies corporate, for the purpose of providing support to Program Participants in relation to a specific Rebate Product. Program Participants acknowledge that if such consent is not provided, then Huon may be unable to provide the Program Participant with specific products and services.

9 Intellectual Property

9.1 Any information, copyright, patents, trademarks, design rights, trade secrets and other intellectual property rights (Intellectual Property Rights) provided to a Program Participant through use of the Rebate Program App are solely for a Program Participant’s personal and/or internal business needs. All Intellectual Property Rights are owned by Huon, its related bodies corporate and/or its service providers.

9.2 Program Participants may not reproduce, adapt, modify, communicate to the public, or otherwise use the Rebate Program App or any Intellectual Property Rights in the App for commercial purposes without Huon’s prior written consent.

10 Liability

10.1 Nothing in these Terms and Conditions affects any rights a Program Participant may have and which by law cannot be excluded, including under the Consumer and Competition Act 2010 (Cth) (ACL).

10.2 Subject to clause 10.1, Huon and any of the officers, employees, agents and contractors of Huon are not liable for any loss of any kind and any liability Huon may have to a Program Participant based in negligence, breach of contract or otherwise, arising under or in connection with the Rebate Program, including any changes to the Terms and Conditions or the Rebate Program.

10.3 Notwithstanding any other provision of these Terms and Conditions, if a court or person who has legal capacity to exercise powers of adjudication finds that Huon is liable for any matter related to the Rebate Program, the Program Participant agrees that Huon’s maximum aggregate liability for all claims under or relating to the Rebate Program or these Terms and Conditions is limited to an amount equal to 5% of the total value of Rebate Products purchased by that Program Participant in the immediately preceding 12 month period.

10.4 Each of the Huon and the Program Participant agree that neither party will be liable to the other, or to any third party, for Consequential Loss.

11  Warranties

11.1 All express or implied warranties, representations, statements, Terms and Conditions relating to these Terms and Conditions, or its subject matter, not contained in these Terms and Conditions are excluded to the maximum extent permitted by law.

11.2 The Program Participant acknowledges and agrees that:

(a) Huon does not warrant or represent that the Rebate Program App is complete, accurate, current, free from errors or omissions, programming bugs or viruses;

(b) the availability of the Rebate Program App may be subject to numerous factors, including routine maintenance and factors outside Huon’s control (such as malfunction in equipment or software, internet access difficulties, delay or failure of transmission or a failure of a third party service provider), and Huon makes no warranty in relation to availability; and

(c) Huon will use reasonable endeavours to ensure that the Rebate Program App is secure. However, it is possible for any electronic data transfer to be intercepted by others. By using this service, Project Participants understand that their information may be read or intercepted by others. Huon does not accept liability for the interception or hacking of data by unauthorised third parties.

12 Termination

12.1 Huon reserves the right to terminate a Program Participant’s Rebate Program account by providing 30 days written notice to the email address provided by the Program Participant at the time of creating a Reward Program Account. In such circumstances accrued entitlements to a Rebate will be paid within 4 business days of the date the termination takes effect. Following this date, no further entitlement to a Rebate will accrue.

12.2 Huon reserves the right to terminate a Program Participant’s Rebate Program account immediately if, in Huon’s sole discretion:

(a) a Program Participant has breached these Terms and Conditions;

(b) a Program Participant has tampered with or has attempted to tamper with the claim process under the Rebate Program;

(c) a Program Participant has, in Huon’s opinion, engaged in fraud, improper or unlawful conduct in relation to the Rebate Program;

(d) Huon reasonably suspects, or has evidence that, a Program Participant’s use of the Rebate Program App is being used to compromise the security of Huon’s information technology systems; or

(e) unauthorised use of a Program Participant’s Rebate Program account has occurred in accordance with clause 6.2

12.3 If one of the situations described in clause 12.2 occurs, all entitlement to a Rebate in a Program Participant’s Rebate Program Account will be immediately forfeited. In such a situation Huon will not provide compensation for forfeited Rebates or for any other reason related to the termination.

12.4 A Program Participant may terminate their Rebate Program account at any time. Program Participants understand that if they chose to terminate their Rebate Program account, their account balance will be immediately terminated.

13 General

13.1 The non-exercise of, or delay in exercising, any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

13.2 The Terms and Conditions and the Rebate Program are governed by and will be construed in accordance with the laws of the Tasmania, Australia irrespective of where the application for Membership in Rebate Program has been completed by the Program Participant.

13.3 In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions and/or the Rebate Program each Program Participants submits to the non- exclusive jurisdiction of the State of Tasmania.

13.4 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.