The Mates of Slim Dusty Loyalty Program – Terms & Conditions Effective 17 October 2012
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The Mates of Slim Dusty Loyalty Program – Terms & Conditions Effective 17 October 2012

1. Introduction

1.1 These Terms and Conditions govern participation in the loyalty program called ‘the Mates of Slim Dusty’ (called in these Terms and Conditions ‘the Program’) operated by The Slim Dusty Foundation Limited (‘SDF’).

1.2 Each participant in the Program is responsible for complying with these Terms and Conditions.

1.3 These Terms and Conditions are effective from the date of publication shown above and may be amended from time to time.

2. Definitions

2.1 In these Terms and Conditions, unless the context otherwise requires:

‘Benefits’ means any of the facilities, discounts, services, opportunities, offers, goods or arrangements offered or provided to the participant from time to time by SDF as a result of membership in the Program;

‘Card’ includes the Program membership Card and Certificate issued to the participant;

‘GST’ means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (C’th) and the related imposition Acts of the Commonwealth;

‘including’ means including without limitation;

‘participant’ (also referred to as ‘you’ or ‘your’) means a person who is a member of the Program at the relevant time.

3. Types of membership

3.1 The Program is only open to individual participants who must be over 18 years of age.

4. Changes to the Benefits, Terms and Conditions

4.1 SDF reserves the right at all times to vary the Benefits and these Terms and Conditions in any way.

4.2 SDF will use reasonable endeavours to advise participants of any material changes to the Benefits or these Terms and Conditions including by publishing the changes on the SDF website.

4.3 If SDF amends these Terms and Conditions or the Benefits in a way that deprives the participant substantially of the intended use of their membership in the Program, the participant will have the option of cancelling their membership and receiving a pro rata refund of the membership fee for the remaining period of membership.

5. Participants

5.1 Should you indicate to us within two weeks of receiving your membership kit that you would like to withdraw from being a participant we will cancel your membership and refund your money provided you have not used your membership.

5.2 Upon acceptance of enrolment in the Program, the participants details as set out in the membership application form may be used for security of the participant’s membership information their participation in the Program.

5.3 Individual participants must enrol separately and may hold only one membership of the Program at any time.

5.4 If you do not renew your membership before the expiry date of your current membership and you apply for renewal after the expiry date, a further fee may apply.

5.5 Each participant is responsible for advising the Program in writing of any change of name or address. Documentation verifying a name change is required. The participant’s mailing address will be used to determine their eligibility for promotions and other offerings.

5.6 Participation will terminate automatically on the death of a participant. SDF will terminate the participant’s account on receipt of notification of the death of the participant.

5.7 Except as specified in these Terms and Conditions, membership is non-refundable and not transferable.

5.8 Participants must not use their membership of the Program in any manner or for any purpose other than to obtain Benefits under the Program and in particular must not use their membership of the Program in any manner or for any purpose not approved by SDF or which SDF reasonably considers is contrary to the interests of SDF and or the reputation or memory of the late Slim Dusty.

6. Use of the Card and Benefits

6.1 By using the Benefits the participant agrees to be bound by these Terms and Conditions.

6.2 Cards, certificates and other documents issued by SDF as part of any promotion are and will remain the property of SDF and must be returned on demand or on termination of membership, whichever happens first. A Benefit must not be sold or copied by any person except SDF.

7. Fees

7.1 In addition to the joining and renewal fees set by SDF from time to time, SDF reserves the right to charge a fee for any service requested by a participant in addition to the normal services.

7.2 SDF may amend the fees at any time.

7.3 All Program fees are inclusive of any applicable GST. The participant is responsible for any additional costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from their use of the Benefits or any other goods or services offered or provided in connection with their membership.

8. Liability

8.1 The provision of Benefits and other goods or services as part of the Program are subject to the terms and conditions of the suppliers and any claims relating to the supply of those Benefits, goods or services should be made to the supplier.

8.2 SDF is not and will not be liable for refusal by any third party to accept or honour the Benefit, goods or services nor will SDF be liable for any loss or damage suffered in relation to the supply of the Benefit, goods or services by third parties.

9. Termination

9.1 (a) SDF reserves the right to terminate or cease to operate the Program at any time.

(b) SDF will use its best endeavours to give participants as much notice of any such termination as is reasonably practicable in the circumstances.

(c) Participants will be entitled to claim a pro rata refund of the membership fee for any remaining period of membership after the date of termination.

9.2 SDF reserves the right in its absolute discretion to terminate the membership of any participant at any time by giving such notice to the participant as is reasonably practicable in the circumstances.

9.3 In the event that membership is cancelled by SDF, a pro rata refund of the membership fee will be made for any remaining period of membership, except in circumstances where the participant has:

(a) breached of any of these Terms and Conditions;

(b) damaged any facilities, equipment or goods owned by SDF or a third party (including another participant);

(c) acted in any way which is likely to be detrimental to the interests of SDF or the Program; or

(d) supplied or attempted to supply misleading information, or made any misrepresentation to SDF.

10. Personal information

10.1 It is a condition of membership that you consent and authorise SDF to collect and use the information on your application form and other information you provide to SDF and disclose it for the purposes of:

(a) SDF or any of its related bodies corporate providing services to you;

(b) SDF or any of its related bodies corporate improving SDF customer service, including by means of research, marketing, product development and planning;

(c) SDF marketing its products or services or the products or services of third parties; and

(d) any third party providing services to SDF, any of its related bodies corporate or participants in connection with the administration of the Program.

This information may be transferred to or from Australia for these purposes. If all or any part of requested information is not provided by the participant, the relevant services may be affected.

10.2 SDF will not otherwise disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

10.3 SDF will provide you with access to and the ability to correct your personal information held by SDF on request by you. Further information is contained in our Privacy Statement.

11. Interpretation and governing law

11.1 SDF acknowledges that certain consumer protection legislation implies conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded. For example, for consumers, services come with a non-excludable warranty that they will be provided with due care and skill. Nothing in these Terms and Conditions is intended to exclude or restrict the application of such laws.

11.2 You agree that implied terms under consumer protection laws, including the New Zealand Consumer Guarantees Act 1993, will not apply to these Terms and Conditions where the membership has been obtained for business purposes, provided that the relevant provisions may by law be excluded.

11.3 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 will continue to apply.

11.4 These Terms and Conditions are governed by and will be construed in accordance with the laws applicable in NSW, Australia, irrespective of where the application for membership has been completed by the participant or submitted to SDF. Any action or other legal process in connection with these Terms and Conditions against SDF will, unless otherwise agreed by SDF, be instituted and carried on only in the appropriate court in NSW, Australia.
A special Membership Card and Certificate, showing that you are one of the “Mates of Slim Dusty” and you are supporting this long held dream that Slim himself was working on, prior to his passing.

Access to special discounts, as well as 10% off all Slim Dusty merchandise that is sold through the Slim Dusty Centre, including a new range soon to be released. Just quote your membership number when ordering!

A “Mate of Slim Dusty” will receive early invitations and priority booking access to select events at the Slim Dusty Centre, or Slim Dusty Foundation events that may be held in other locations.

“Mates of Slim Dusty” will also receive Newsletters to keep them informed of the progress of the Slim Dusty Centre project that they are helping to support.

A Fridge Magnet designed exclusively for the “Mates of Slim Dusty”.