Huon Aquaculture – Fresher Rewards Program
This document sets out the Terms and Conditions which apply to the Huon Fresher Rewards
Program (Rewards Program). It also contains information about how to use the Rewards
Program.
Any queries regarding the Rewards 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:
Accrual Term means a year period beginning on 1 August of a given year and ending on 31 July
of the following calendar year.
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 Rewards
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:
(a) has an ABN;
(b) utilises Huon products;
(c) does not purchase Huon products directly from Huon; and
(d) is not a Secondary Wholesaler.
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).
Points means a virtual reward point accumulated by participating in the Rewards Program and
scanning Promotional Products.
Promotional Product means:
(a) a box of Huon Aquaculture ‘A’ Grade Head On Gutted Salmon;
(b) a box of salmon fillets;
(c) a box of Huon Aquaculture ‘A’ Grade Head On Gutted Ocean Trout;
(d) a box of ocean trout fillets;
(e) a single packet of random weight Chef Series Cold Smoked Salmon;
(f) a single packet of random weight Chef Series Classic Trim Cold Smoked Salmon;
(g) a single packet of random weight Chef Series Wood Roasted Hot Smoked Salmon; or;
(h) any other product that Huon determines to be a Promotional Product in accordance with
clause 4.10.
Program Participant means an End Use Customer who has applied for, and has been approved
by Huon to participate in the Rewards Program.
Redemption means the redemption of a Redeemable Item using Points through the Rewards
Program.
Redeemable Item means any items available for redemption using Points as updated by Huon
from time to time.
Rewards Program means the ‘Fresher Rewards’ program being carried out by Huon, the Terms
and Conditions of which are set out in this document.
Rewards Program Account means a personalised account created by Program Participant
using the Rewards Program App.
Rewards Program App means the mobile application available for download in the Android and
Apple App stores and used to participate in the Rewards Program.
Secondary Wholesaler means any person or Organisation who:
(a) has an ABN;
(b) utilises Huon products;
(c) does not purchase Huon products directly from Huon; and
(d) Sells Huon products on to other independent wet fish stores, independent retailers,
restaurants, food service outlets, sushi groups and independent sushi stores withing
Australia.
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 Rewards Program by
applying to establish a Rewards Program Account.
2.2 Applications to participate in the Rewards 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 Rewards Program Account, End Use Customers may
download the Huon Aquaculture Fresher Rewards mobile application and complete the
application process.
2.4 Any cost associated with postage, downloading and accessing the Rewards Program App or
accessing the Rewards Program website is the Program Participant’s responsibility and is
dependent on the internet service provider used by the Program Participant.
2.5 Upon receipt of an application to participate in the Rewards Program, Huon will notify the End
Use Customer as to whether or not they have been issued with a Rewards Program Account.
2.6 Huon has the right to accept or reject any application for membership in the Rewards Program in
its sole discretion.
2.7 The Rewards Program will solely be conducted through the Rewards Program App.
2.8 Each Program Participant is only entitled to one Rewards Program Account per person or
Organisation.
2.9 Participation in the Rewards Program and use of the Rewards Program App is subject to these
Terms and Conditions. By establishing a Rewards Program Account you agree to be bound by
these Terms and Conditions.
2.10 If, at any point, a Program Participant wishes to stop participating in the Rewards Program or the
Program Participant does not agree to be bound by these Terms and Conditions, the Program
Participant must cease participating in the Rewards Program immediately and must notify Huon in
writing via email to fresherrewards@huonaqua.com.au
2.11 The Rewards Program cannot be used in conjunction with any other offer or promotion 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 Rewards Program, services or arrangements
accorded to a Program Participant as a result of participating in the Rewards 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 Rewards
Program Account or Redeemable Item;
(iii) acting in a hostile, abusive or aggressive way towards Huon, its employees and
representatives; or
(iv) creating multiple Rewards Program Accounts that each receive Points.
3.2 Each Program Participant is responsible for regularly checking its Rewards Program Account and
keeping its membership details up to date. 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 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 Rewards ProgramAccount;
(b) cancel or refuse to honour any claim for a Redeemable Item, or if such claim has been
made, cancel or refuse to honour the delivery of the Redeemable Item;
(c) cancel any Points in a Program Participant’s Rewards Program Account; or
(d) terminate a Program Participant’s Rewards 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 Points
4.1 To accrue Points, Program Participants must:
(a) purchase and receive a Promotional Product; and
(b) scan the unique barcode of the Promotional Product using the Rewards Program App
(each Promotional Product will contain 1 unique barcode) within 21 days after the date on
which the Promotional Products are shipped.
4.2 Program Participants will be awarded Points based on the quantity of Promotional Products
purchased by the Program Participant at the rate that applies to those Promotional Products as
notified by Huon from time to time.
4.3 Scanned Promotional 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 will be fulfilled within eight (8)
weeks from the time the Redemption occurs. Huon accepts no responsibility should the delivery
take longer than eight (8) weeks for reasons beyond its reasonable control.
4.6 Only the unique barcode on a Promotional 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 credit Points to a Rewards Program Account based on these purchase
identifiers.
4.7 Huon reserves the right, at any time, to verify the validity of claims for Points. Points are not
transferrable or redeemable for cash.
4.8 On and from 1 August 2022 any new points accrued will accrue within, and expire at the end of,
an Accrual Term. A new Accrual Term will begin on 1 August each year. Points accrued in an
Accrual Term will automatically expire on the last day of that Accrual Term. Expired Points are
forfeited on the date of expiry; points do not rollover to the following Accrual Term. Promotional
Products may not be redeemed with expired Points and expired Points are not redeemable for
cash or non-expired Points.
4.9 Purchase of any Promotional Product is subject to availability and it is the responsibility of the
Program Participant to check the availability of Promotional Products with the Huon Aquaculture
state representative.
4.10 From time to time, Huon may add additional products as Promotional Products to the Rewards
Program or remove existing Promotional Products from the Rewards Program. Additional
Promotional Products may only be available for a limited time, in a limited quantity, and subject to
additional terms and conditions including the number of Points that are awarded for the purchase
of those additional products. Program Participants will be notified of any new Promotional
Products, or the removal of any existing Promotional Products via the Rewards Program App and
/ or direct email.
5 Redeeming Points
5.1 In order to redeem Points for Redeemable Items, a Program Participant must:
(a) choose a Redeemable Item within the Fresher Rewards app Rewards section;
(b) have enough valid Points in their account to claim the chosen Redeemable Item; and
(c) liaise with the Fresher Rewards Program Manager to arrange delivery time and location of
the Redeemable Item.
5.2 Points will automatically be redeemed in order from earliest accrued to most recently accrued.
5.3 Redemptions made through the Rewards 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 Redemption 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, if these documents fail any of the Promoter’s security and verification checks, or if
Points utilised in the Redemption have expired in accordance with clause 4.8 prior to the date of
Redemption.
5.4 Huon accepts no responsibility, and will not be liable for damage or personal injury arising out of
the use of a of Redeemable Item.
5.5 If there is a dispute as to the identify of a person attempting Redemption, Huon reserves the right,
in its sole discretion, to determine the identity of the person.
5.6 In accordance with clause 3.2, Program Participants are responsible for ensuring that Huon has
their correct details (including postal address). 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 Redeemable Item or a Redeemable Item
being delivered to an incorrect address. In either case, the Redeemable Item will be forfeited and
no additional or replacement Redeemable Item will be provided.
5.7 Huon will not be responsible or liable for any delays in the supply of the Redeemable Item to the
Program Participant.
6 Protection of Membership Details
6.1 For Program Participants to access their profile on the Rewards 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 theApp.
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 Rewards Program App.
6.4 If an individual uses or accesses a Rewards Program Account on behalf of an Organisation, the
Organisation warrants that the individual is authorised by the Organisation to access and use the
Rewards Program App and the Rewards Program Account on behalf of the Organisation.
6.5 Huon accepts no responsibility and will not reverse or modify any transactions made to a
Rewards Account, by a person within an Organisation who does not have the authority to do so.
7 Ending, Suspending or Altering the Rewards Program
7.1 Program Participants acknowledge that Huon gives no undertaking as to the continued availability
of the Rewards Program
7.2 Huon reserves the right to make changes to these Terms and Conditions or the Rewards
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 30 days from the date that Huon notifies Program Participants of the
change.
7.3 Huon may end the Rewards Program at any time and for any reason. If Huon decides to end the
Rewards Program, Huon will endeavour to provide Program Participants with 90 days’ notice in
writing (either via the Rewards 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 Points left in a
Program Participant’s Rewards Program Account will remain Redeemable up until the date the
Rewards Program ends. Following this, all Points will be forfeited and the Rewards 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 Rewards Program. In this situation,
Program Participants will be notified of the change, however such change will take effect
immediately; or
(b) end the Rewards Program. In such circumstances, all Points in a Program Participant’s
Account will be forfeited.
7.5 Program Participants acknowledge that if the Terms and Conditions are amended, the Rewards
Program is amended, or the Rewards Program is ended, Huon will not provide compensation for
forfeited Points or for any other reason related to the amendment or the conclusion of the
Rewards Program.
8 Privacy and Information Security
8.1 Huon respects Program Participants’ right to privacy and will collect and manage Program
Participants’ Personal Information in accordance with the Privacy Act 1988 (Cth) and our 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 Rewards
Program and may, for this purpose, disclose a Program Participant’s Personal Information to third
parties, including but not limited to agents, contractors, service providers and gift suppliers, but
any such disclosure will be limited to what is necessary for the purposes of the Rewards 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, and to third party suppliers of Redeemable Items
some of whom may be based overseas, for the purpose of providing support to Program
Participants in relation to a specific Promotional Product or Redeemable Item. 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
Rewards 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 Rewards 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:
(a) 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
Rewards Program, including any changes to the Terms and Conditions or the Rewards
Program; and
(b) the condition, suitability, quality, fitness or safety of any Redeemable Item.
10.3 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 Rewards Program, Program Participants agree that Huon’s
maximum aggregate liability for all claims under or relating to the Rewards Program or these
Terms and Conditions is limited to an amount equal to 5% of the total value of Promotional
Products purchased by that Program Participant in the immediately preceding 12 month period.
10.4 Program Participants 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 Participant’s acknowledge and agree that:
(a) Huon does not warrant or represent that the Rewards Program App is complete, accurate,
current, free from errors or omissions, programming bugs or viruses;
(b) the availability of the Rewards Program App may be subject to numerous factors, including
routine maintenance and factors outside our 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 Rewards Program App is secure.
However, it is possible for any electronic data transfer to be intercepted by others. By using
this service, Program 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;
11.3 Subject to clause 10.1, If any condition or warranty is implied into these Terms and Conditions
under ACL and cannot be excluded, and Huon is able to limit a Program Participant’s remedy
under the ACL for a breach of such condition or warranty, then our liability is limited to one or
more of the following at our option:
(a) in a case where Redeemable Items are goods, the replacement of the goods or the supply
of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods
or of acquiring equivalent goods, or the payment of having the goods repaired; or
(b) in a case where Redeemable Items are services, the supply of the services again, or the
payment of the cost of having the services supplied again.
12 Termination
12.1 Huon reserves the right to terminate a Program Participant’s Rewards Program account for its
convenience 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
Points will be available for Redemption up until the termination takes effect. Following this date all
accrued Points will be forfeited.
12.2 Huon reserves the right to terminate a Program Participant’s Rewards 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 Rewards Program;
(c) a Program Participant has, in Huon’s opinion, engaged in fraud, improper or unlawful
conduct in relation to the Rewards Program;
(d) Huon reasonably suspects, or has evidence that, a Program Participant’s use of the
Rewards Program App is being used to compromise the security of Huon’s information
technology systems;
(e) Unauthorised use of a Program Participant’s Rewards Program account has occurred in
accordance with clause 6.2
12.3 If one of the situations described in clause 12.2 occurs, all Points in a Program Participant’s
Rewards Program Account will be immediately forfeited. In such a situation Huon will not provide
compensation for forfeited Points or for any other reason related to the termination.
12.4 A Program Participant may terminate their Rewards Program account at any time. Program
Participants understand that if they chose to terminate their Rewards 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 Rewards 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 Rewards 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 Rewards 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.