Rivers Loyalty Program Terms and Conditions
The following Terms & Conditions (Terms) are the complete terms of a legal agreement between you and Rivers in relation to the Rivers Loyalty Card Program. By submitting an Application or using a Rivers Loyalty Card, you acknowledge that you have read, understood and agreed to be bound by these Terms. These Terms will be binding on you upon acceptance of your Application by Rivers. If you do not agree to these Terms, please do not use the Rivers Loyalty Card.
If you have any questions about these Terms, please email email@example.com and we will be happy to help you.
These Terms come into effect on 15 September 2014 (Effective Date) and supersede all Previous Rivers Terms.
- The Rivers Loyalty Card Program and Rivers Loyalty Cards are available only to natural persons who are Australian residents and aged 18 years or over. Participation is offered at the discretion of Rivers and Rivers has the right to accept or reject any Application at its sole discretion.
- You agree not to impersonate any other person or to use a false name or a name that you are not authorised to use when submitting an Application.
- Within a reasonable time of Rivers accepting an Application, Members will be allocated a password to access their Account online at the Rivers Website (Member Password). Members may login to their Account to request a new password or create ID References at any time if they wish. Members are responsible for taking all necessary steps to prevent unauthorised disclosure of or access to their password. Members are solely responsible for the actions of any person to whom they disclose their Member Password or any ID References. Members must notify Rivers immediately by email if they have any reason to believe that their Member Password or any ID References have become known to anyone else without their authorisation, or if their Member Password or ID References are being, or are likely to be, used in an unauthorised manner. In such a case, Rivers will cancel the relevant Member Password or ID References and send the Member a new Member Password by email within a reasonable time of being notified. Members may then login to their Account to request a new password or create new ID References if they wish.
- Rivers Loyalty Cards
- Members are entitled to receive one Rivers Loyalty Card each. Members must not apply for multiple Rivers Loyalty Cards, whether by using multiple addresses, email addresses, names or otherwise.
- Rivers Loyalty Cards are issued in person at Rivers Outlets upon acceptance of an Application by Rivers.
- Rivers Loyalty Cards are not transferable and remain the property of Rivers.
- Members are solely responsible for the use of their Rivers Loyalty Card and ID References by any person to whom they disclose their ID References or that they permit to use their Rivers Loyalty Card (Permitted Users). Members must ensure that such Permitted Users comply with these Terms. For the avoidance of doubt, Members acknowledge and accept that: (a) Rivers may issue Permitted Users with Reward Vouchers in accordance with these Terms; (b) Permitted Users may use such Reward Vouchers as they see fit, including by redeeming Reward Vouchers without reference to or notifying the Member; and (c) there is a risk that Members will not receive or be able to redeem Reward Vouchers that are issued to their Permitted Users.
- Members must notify Rivers immediately by email if they have any reason to believe that their Rivers Loyalty Card has become lost or stolen or if it is being, or is likely to be, used in an unauthorised manner. In such a case, Rivers will use reasonable efforts to: (a) void the relevant Rivers Loyalty Card before 5pm AEST on the next business day after receiving notice; and (b) arrange for a replacement Rivers Loyalty Card to be sent to the Member by regular post addressed to the address last notified to Rivers by the Member and posted within 5 business days after receiving notice.
- Loyalty Card Points
- Members earn Loyalty Card Points on Eligible Transactions only.
- Members earn 1 Loyalty Card Point for every dollar spent on an Eligible Transaction. For the avoidance of doubt, Loyalty Card Points are earned only on dollars in full and not on parts of dollars spent.
- To earn Loyalty Card Points: (a) the Rivers Loyalty Card must be presented for scanning or all relevant ID References must be provided at the point of sale in the case of purchases at Rivers Outlets; or (b) all Member and Rivers Loyalty Card information must be submitted as requested in the case of online purchases, prior to the completion of an Eligible Transaction
- Loyalty Card Points are earned only on the cash and gift voucher portions of any total payment made for an Eligible Transaction. Loyalty Card Points are not earned on payments made by Rewards Voucher or any other promotional or other voucher or coupon. For example, an Eligible Transaction having a value of $20 will yield only 15 Loyalty Card Points where payment is made by a combination of $10 cash, $5 gift voucher and a $5 Reward Voucher or promotional coupon.
- Loyalty Card Points are not earned on the purchase of gift vouchers.
- Rivers will use reasonable efforts to ensure that Loyalty Card Points are added to the Member's Account immediately upon completion of the Eligible Transaction. However, Rivers is not liable for any delay. If a Member believes they have not been awarded the correct Loyalty Card Points in relation to an Eligible Transaction, the Member must notify Rivers via the Rivers Website and provide details of the sales receipt of the transaction to the reasonable satisfaction of Rivers within 30 days of the relevant transaction. Rivers is under no obligation to award Loyalty Card Points claimed by a Member if the Member does not comply with this notice requirement.
- Loyalty Card Points and your rights under these Terms cannot be sold, transferred or assigned except as expressly permitted by these Terms.
- Loyalty Card Points are not property and have no cash or monetary value. Loyalty points are only redeemable for Reward Vouchers, as provided below.
- Rivers may deduct from an Account any Loyalty Card Points that have been credited to the Account in error for any reason or which arose from conduct which is prohibited by these Terms without notice.
- All of the Member's Loyalty Card Points will automatically and immediately expire if the Member does not purchase any products from a Rivers Outlet or from the Rivers online store available at the Rivers Website: (a) during the 12 month period immediately after the Effective Date; and then (b) during each rolling 12 month period after the Effective Date. For the purposes of this clause, a Member will not be considered to have purchased products if those products are subsequently returned by the Member for a refund during that 12 month period.
- Members can check how many Loyalty Card Points they have accumulated online from time to time by logging into their Account on the Rivers Website.
- Reward Vouchers
- The total value of Reward Vouchers is calculated at $5 for every 100 Loyalty Card Points accumulated (or 5 cents for every Loyalty Card Point earned). Members are entitled to a Reward Voucher once they accumulate 100 Loyalty Card Points or more.
- Rivers will: (a) automatically issue a 1 x $5 Reward Voucher and deduct 100 Loyalty Card Points from the Member's Account at the time of sale each time a purchase is made at a Rivers Store or online via the Rivers Website using a Rivers Loyalty Card if the Member already has 100 or more Loyalty Card Points accrued in their Account before making the purchase or the purchase takes the balance of the Member's Loyalty Card Points to 100 or more; and (b) in addition to the above Reward Voucher, if the relevant purchase is an Eligible Transaction that results in the Member having 100 Loyalty Card Points or more after deducting the Loyalty Card Points already attributed to the $5 Reward Voucher separately issued by Rivers under this section, Rivers will also automatically issue a cumulative Reward Voucher comprising a value of $5 for every remaining 100 Loyalty Card Points earned on the Eligible Transaction and debit the Member's Account by the number of Loyalty Card Points corresponding to the value of the Reward Voucher. For example:
- if a Member's account balance is 50 Loyalty Card Points and that Member then spends $75 in one Eligible Transaction, the Member will be awarded 75 Loyalty Card Points on the Eligible Transaction (bringing their total balance to 125 Loyalty Card Points) and Rivers will automatically issue a $5 Reward Voucher and deduct 100 Loyalty Card Points from the Member's Account, leaving a balance of 25 Loyalty Card Points; or
- if a Member's Account balance is already 150 Loyalty Card Points before the Member makes a purchase and that Member then spends $200 in one Eligible Transaction, Rivers will automatically issue a $5 Reward Voucher on the balance of Loyalty Card Points already held by the Member before making the purchase (bringing their balance to 50 Loyalty Card Points), the Member will then be awarded 200 Loyalty Card Points on the Eligible Transaction (bringing their total balance to 250 Loyalty Card Points) and Rivers will also automatically issue a $10 Reward Voucher (being $5 for every remaining 100 points accumulated) on the Eligible Transaction. Rivers will then deduct from the Member's Account 200 Loyalty Card Points, leaving a balance of 50 Loyalty Card Points.
- Unless otherwise expressly provided in these Terms, Reward Vouchers are: (a) issued in person at the point of sale when purchases are made at Rivers Outlets; or (b) included with the products delivered in the case of purchases made via the Rivers Website.
- Reward Vouchers may only be redeemed in Rivers Outlets on transactions having a total value of $15 or more. Reward Vouchers may not be redeemed online or at special clearance events, pop up stores or in respect of any other transactions, sales or events that may be notified by Rivers from time to time. Multiple Reward Vouchers may be used in one transaction, provided the transaction has a total value of $15 or more.
- Reward Vouchers may be subject to additional terms and conditions that appear on the Reward Voucher.
- Only original Reward Vouchers issued by Rivers will be accepted for use. Rivers may refuse to redeem any Reward Voucher that has been mutilated, defaced or tampered with. You must not reproduce, copy, mutilate, deface or tamper with any Reward Voucher without Rivers' express permission. Reward Vouchers are not valid if reproduced or copied unless expressly permitted by these Terms or any additional terms or conditions that apply to the specific Reward Voucher.
- Certain products may not be eligible for purchase using a Reward Voucher from time to time. Such products will be clearly marked in store or may otherwise be specified in additional terms and conditions that apply to a specific Reward Voucher. Reward Vouchers cannot be used to purchase gift cards or other types of gift vouchers or coupons.
- Unless otherwise specified in these Terms, Reward Vouchers expire 60 days after issue.
- Reward Vouchers are not for resale and may not be redeemed for cash.
- Reward Vouchers will not be replaced if lost, stolen, mutilated, defaced, tampered with or deleted.
- Reward Vouchers cannot be used in conjunction with any other promotional vouchers and/or coupons. Reward Vouchers may be used in conjunction with gift vouchers provided that these Terms, including the minimum transaction value of $15, are otherwise met.
- If a Reward Voucher is greater than $15 and the transaction has a total value of less than the value of the Reward Voucher, a credit note will be issued for any remaining balance on the Reward Voucher of more than $5. For any remaining balance on the Reward Voucher of less than $5, the balance of the Reward Voucher will be forfeited by the Member and cannot be redeemed at a later point in time.
- Return of Goods
- Rivers will deduct any Loyalty Card Points earned on an Eligible Transaction and cancel any corresponding Reward Voucher issued if products purchased as part of an Eligible Transaction are subsequently returned. If the corresponding Reward Voucher is redeemed before return of the products purchased as part of the Eligible Transaction, the value of the Reward Voucher already redeemed will be deducted from the amount of the refund payable on return of the relevant products.
- Subject to clause 5.1, a purchaser is entitled to a refund for any products returned under the terms of the Rivers Returns Policy, the purchaser will receive: (a) a cash/credit refund (depending on the original mode of payment) for the portion of the purchase price paid by cash/credit and a Rivers Credit Note for the portion of the purchase price paid by Reward Voucher if the purchase was made by a combination of cash/credit and a Reward Voucher; or (b) a Rivers Credit Note equal to the full amount of the purchase price paid if the purchase was made by redeeming a Reward Voucher only, unless a cash or credit refund for the full purchase price is required in either case under applicable law.
- If Rivers accepts the return of any product on the basis that it is faulty and agrees to offer the purchaser a refund, the purchaser will receive: (a) a Rivers Credit Note for the value paid if the product was purchased using only a Reward Voucher; or (b) a Rivers Credit Note for the value of the Reward Voucher used and the remaining amount in the original tender (cash, credit card etc) used to pay for the product, if the product was purchased using a Reward Voucher as well as another tender.
- The Rivers Returns Policy is incorporated into these Terms. However, this clause 5 takes precedence to the extent of any inconsistency with the Rivers Returns Policy.
- Conversion to Current Points
- The ratio of Loyalty Card Points earned for dollars spent and of Loyalty Card Points to be redeemed to the dollar value of Reward Vouchers is different between these Terms and the Previous Terms. To account for this difference and to ensure that these Terms apply fairly to all Members holding Previous Points, all Previous Points held by Members will be automatically converted to Current Points with immediate effect on and from the Effective Date (Points Conversion). The Points Conversion will be made in a way that ensures that Members are entitled to Reward Vouchers equal to the same value under the Current Points as that to which they would have been entitled to under their Previous Points. For example, a Member having 2,000 Previous Points (entitling the Member to a $20 voucher under the Previous Terms) will be deemed to have 400 Current Points on and from the Effective Date (entitling the Member to 4 x $5 Reward Vouchers (total $20 in value) under these Terms).
- Following the Points Conversion and within 7 business days of the Effective Date, Rivers will email to all Members with 100 or more Loyalty Card Points as at the Effective Date 1 x $5 Reward Voucher and deduct from the Member's Account 100 Loyalty Card Points, with the balance of Loyalty Card Points remaining in the Member's Account after the Reward Voucher is issued. For example, a Member with 250 Loyalty Card Points following the Points Conversion will receive 1 x $5 Reward Voucher with the balance of 150 Loyalty Card Points being retained in the Member's Account. The next time a purchase using the Member's Rivers Loyalty Card is made in a Rivers Store or online: (a) the Member will be issued with another 1 x $5 Reward Voucher; (b) 100 Loyalty Card Points will be deducted from the Member's Account; and (c) any points earned, assuming the purchase is an Eligible Transaction, will be added to the Member's Account. For example, if the above Member with a balance of 150 Loyalty Card Points following the Points Conversion subsequently spends $10 on an Eligible Transaction, they will be issued with 1x $5 Reward Voucher in respect of their current Loyalty Card Points balance and awarded 10 Loyalty Card Points in respect of the Eligible Transaction bringing the balance of their Loyalty Card Points to 60.
- The remainder of these Terms apply to Reward Vouchers issued and Loyalty Card Points retained in the Member's Account after the Points Conversion.
- Variation and Termination
- Members may cancel their Account at any time by giving Rivers 14 days notice by email. The balance of Loyalty Card Points accrued in a cancelled Account will be automatically and permanently forfeited upon expiry of the 14 days notice period.
- Rivers may vary these Terms at any time at its sole discretion by giving Members 14 days prior notice of the variation. Variations to these Terms may include changing the ratio of Loyalty Card Points earned for dollars spent, changing the ratio of Loyalty Card Points to be redeemed to the dollar value of Reward Voucher issues and setting or changing expiry dates for Loyalty Card Points, Reward Vouchers or the Rivers Loyalty Card.
- Rivers may terminate specific Accounts or the Rivers Loyalty Card Program in its entirety at any time at its sole discretion upon giving relevant Members 30 days prior notice. These Terms will continue to apply and all Loyalty Card Points and Reward Vouchers will remain valid during and until expiry of the 30 day notice period, unless they otherwise expire during that period in accordance with these Terms. All Loyalty Card Points in respect of an Account or the Rivers Loyalty Card Program (as applicable) will be automatically cancelled and will no longer be valid upon expiry of the 30 day notice period.
- Rivers may terminate your Account or any Reward Voucher issued to you immediately and without notice if Rivers reasonably believes that you have breached these Terms, become bankrupt or given Rivers misleading information or acted in a misleading, deceptive or fraudulent way in connection with the Rivers Loyalty Card Program. All applicable Loyalty Card Points and Reward Vouchers will be immediately cancelled and invalid if Rivers terminates your Account or any Reward Voucher as permitted by this clause.
- Rivers may make special offers (including by offering different terms and conditions) to specific Members for any purpose at its sole discretion from time to time.
- To the extent legally permitted, Rivers excludes all conditions, warranties, guarantees, representations and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied in connection with the Rivers Loyalty Card Program (Warranties), other than those implied by statute which may not be legally excluded. Any liability Rivers may have to any person under Warranties implied by statute or which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at Rivers' option.
- To the extent legally permitted, in no event will Rivers be liable to anyone for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if Rivers is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and River's maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to $5.00.
- Rivers is not liable for any losses, expenses, claims, proceedings, damages or costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature (Losses) suffered by you or any other person directly or indirectly as a result of: (a) use of a Rivers Loyalty Card, Reward Voucher, ID Reference or Member Password by any person (including by you, any Permitted User and any unauthorised use by any person); (b) the issue of Reward Vouchers to Permitted Users; (c) the loss of any Rivers Loyalty Card, Reward Voucher, ID Reference or Member Password by any person (including you); (d) cancellation, forfeiture or expiry of any Loyalty Card Points or Reward Voucher for any reason; or (e) termination of your Account, any Reward Voucher or the Rivers Loyalty Card Program for any reason. You indemnify, defend and hold harmless Rivers, its officers, directors, employees, agents, contractors, licensors, suppliers and related entities from and against all such Losses.
- Rivers will send all notices required by these Terms to the contact address or email notified by you in your Application. You must advise Rivers of any change of name, address or other details as soon as the change occurs. Rivers will not be responsible for any failure to notify you as a result of you failing to update your address or other contact details. You can edit or change your details by logging into your Account online at the Rivers Website.
- You may send any notices to Rivers required under these Terms by email to firstname.lastname@example.org.
- You consent to receiving information from Rivers, including by email, text message, post or any other form of communication used by Rivers from time to time, relating to Rivers and third party products, services, special offers, news, discounts and other information relating to such products and services from time to time. You may request to unsubscribe from receiving such information by forwarding an email request to Rivers or using the 'unsubscribe' mechanism provided by Rivers at the time of supplying you the information. Rivers will use reasonable endeavours to process all 'unsubscribe' requests within 14 days of the request.
- These Terms enure to the benefit or Rivers' successors and permitted assigns. Rivers' rights under these Terms may be transferred or assigned by Rivers without your consent.
- New South Wales law applies to these Terms.
The following words have the following meanings for the purposes of these Terms:
Account means the Rivers Loyalty Card Account registered by the Member and in which the Member's Loyalty Card Points are recorded and maintained;
Application means the application form for a Rivers Loyalty Card required to be completed and submitted in person at a Rivers Outlet by an individual to become a Member;
Current Points means loyalty card points earned by the Member on and from the Effective Date for each dollar spent on an Eligible Transaction in the ratios and as otherwise specified in these Terms;
Dollar or $ means Australian Dollars;
Eligible Transaction means the purchase of products from any Rivers Outlet or from the Rivers online store available at the Rivers Website but excluding: (a) staff purchases; (b) purchases of products for the purpose of resale; (c) purchases of products for commercial or business use or purposes; (d) purchases of gift vouchers or other vouchers or coupons; and (e) any specific transactions or purchases notified by Rivers as being excluded from the Rivers Loyalty Card Program from time to time;
ID References means ID references chosen by you and provided by you or any person using your Rivers Loyalty Card to identify your Account at point of purchase;
Member means a member of the Rivers Loyalty Card Program;
Previous Points means loyalty card points accrued and held by the Member under the Previous Rivers Terms as at 5pm AEST on the day before the Effective Date;
Previous Rivers Terms means terms and conditions applicable to the Rivers Loyalty Card Program before and up to (but not including) the Effective Date;
Reward Voucher means any reward voucher issued by Rivers in accordance with these Terms;
Rivers means Specialty Fashion Group Limited ACN 057 569 169;
Rivers Loyalty Card means each Rivers Loyalty Card issued by Rivers to a Member or any other individual in accordance with these Terms and the Previous Rivers Terms;
Loyalty Card Points means Previous Points or Current Points or both as the context requires;
Rivers Outlet means any Rivers retail, wholesale or factory outlet in Australia from time to time, excluding all online stores, temporary (pop up) stores and special clearance events;
Rivers Website means www.rivers.com.au and any other website which may replace that website from time to time; and
you and your means a Member, any other person bound by these Terms or both, as the context requires.