1. Definitions
In these terms and conditions:
ACP means ACP Magazines Limited ABN 18 053 273 546;
ACP Member means a member of the Connections with ACP Magazines Program;
ACP Terms & Conditions means the terms and conditions governing ACP Membership as amended from time to time;
ACP Website means the website for the Connections with ACP Magazines Program;
Cadbury means Cadbury Schweppes Pty Limited ABN 78 004 551 473;
Cadbury Beverages includes, without limitation, non-alcoholic ready to drink beverages, carbonated, water and near water, juices, milk, energy, sport and function beverages;
Cadbury Confectionery means chocolate, liquorice, boiled lollies, muesli bars, jellied sugar and sugar based confectionery, but excludes ice cream and other iced or frozen confectionery products;
Cadbury Member means an ACP Member who has been accepted by Cadbury for membership;
Cadbury Privacy Policy means the privacy policy in relation to personal information of the Cadbury Member, the most recent copy of which is available on the Cadbury Australia website;
Cadbury Product Placement Rules means the placement of Cadbury Products in accordance with the Cadbury planograms, as amended from time to time;
Cadbury Products means the Cadbury Confectionery and Cadbury Beverages;
Connections with ACP Magazines Program means the rewards program offered by ACP;
Promotional Offer means a Promotional Offer from time to time provided by Cadbury to each Cadbury Member detailing in-store promotional activity for Cadbury Products;
Reward means goods and services described in the Rewards Catalogue or otherwise offered by ACP in relation to the Connections with ACP Magazines Program at any time;
Rewards Points means points accumulated by a member under the Connections with ACP Magazines Program; and;
Rewards Catalogue means the catalogue issued from time to time by ACP describing, among other things, the rates at which Reward Points may be accumulated, Rewards available and the number of Reward Points required to be redeemed for a Cadbury Member to claim a Reward;
2. Membership
| 2.1 | To join and to remain a Cadbury Member of the Connections with ACP Magazines Program and to continue to be entitled to accumulate Reward Points from ACP for compliance with promotional Offers and Cadbury Product Placement Rules and claim Rewards, an ACP Member must: |
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| (a) | apply to become a Cadbury member by properly completing the Cadbury Member application form, nominating that the ACP Member wishes to be a Cadbury Member, and be accepted for membership by Cadbury; |
| (b) | comply with the ACP terms and conditions; |
| (c) | agree to award Cadbury Confectionery 60% share of counter space which includes gum and medicated products and range a counter unit to display confectionery and magazines; |
| (e) | conduct sales promotions in accordance with all 12 standard Promotional Offers offered by Cadbury during the 12 months of membership; and |
| (f) | comply with the Cadbury Product Placement Rules for the 12 months of Membership. |
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| 2.2 | Subject to compliance with clause 2.1, Cadbury Members will receive: |
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| (a) | Reward Points based on 60% share of counter space depending on the size of the counter on becoming a Cadbury Member and reward points for placing a Cadbury counter unit on the counter; and |
| (b) | An exclusive opportunity to participate in additional Promotional Offers made by Cadbury. |
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| 2.3 | Membership applications will be reviewed by Cadbury. Cadbury may accept or reject an application to be a Cadbury Member at Cadbury’s absolute discretion and without giving reason. |
| 2.4 | Cadbury Membership is not transferable. |
| 2.5 | The Cadbury Privacy Policy as amended from time to time will form part of these conditions. |
3. Termination
| 3.1 | A Cadbury Member may terminate Cadbury Membership by giving notice in writing to Cadbury at any time. |
| 3.2 | Cadbury Membership will terminate if a Cadbury Member that is natural person dies or commits an act of bankruptcy, or a Cadbury Member that is another legal entity is dissolved or resolves to be wound up, or a Cadbury Member ceases to be an ACP member. |
| 3.3 | All Reward Points accumulated but not redeemed for Rewards are immediately cancelled upon a person ceasing to be a ACP Member for any reason whatsoever. |
| 3.4 | Cadbury may at Cadbury’s absolute discretion suspend, cancel or terminate a Cadbury Membership, at any time and with immediate effect including without limitation suspension, cancellation or termination because, in Cadbury’s opinion, the Cadbury Member no longer complies with the ongoing requirements as stated in paragraph 2.1 above. |
4. Reward Points
| 4.1 | Reward Points will be accumulated for compliance with Cadbury Promotional Offers at the rates specified at the time the Promotional Offer is communicated to Cadbury Members. |
| 4.2 | The Validity and transferability of Reward Points is governed by the ACP Terms and Conditions. |
| 4.3 | Any query or dispute concerning a Reward Points statement must be notified to ACP in accordance with the ACP Terms and Conditions. |
| 4.4 | If a Cadbury Member does not comply with the Cadbury Product Placement Rules or the requirement of a Promotional Offer in respect of Promotional activity for a nominated Cadbury Product, Cadbury may, in its absolute discretion, not award to the Cadbury Member the Reward Points offered for Compliance with the Cadbury Product Placement Rules or a Promotional Offer. |
5. Rewards
| 5.1 | All tax liabilities and other duties arising from the accumulation of Reward Points or the provision of Rewards are sole responsibility of each Cadbury Member. Cadbury gives no warranty or assurance in relation to such tax or other duties. |
| 5.2 | The procedures and rulings relating to the redemption of Reward Points for a Reward are set out in the ACP terms and Conditions. Any queries concerning a Reward must be notified to ACP. |
6. Warranties and Liability
| 6.1 | Cadbury has taken and will take all reasonable care to ensure that information it provides for publication in relation to Cadbury Membership and Promotional Offers is correct and not misleading, but Cadbury does not accept any liability relating to information provided by third parties. |
| 6.2 | Except as required by law, Cadbury makes no warranty (whether express or implied) whatsoever with respect to Rewards provided under the Connections with ACP Magazines Program. In particular, Cadbury gives no warranty with respect to the quality of Rewards or their suitability for any purpose. |
| 6.3 | The rights, if any, which a Cadbury Member may have in connection with a Reward are solely against the supplier of the Reward. To the full extent permitted by law, Cadbury excludes statutory and other implied conditions and warranties. Where the law does not permit exclusion of statutory and other implied conditions and warranties and other liability but permits limitation of liability, Cadbury limits its liability to the fullest extent permitted by law, and if permitted by law to one or more (as Cadbury may elect) of, replacement of goods or supply of equivalent goods, repair of goods, payment of the costs of replacing goods or acquiring equivalent goods, or in the case of services, to supply of the services again or payment of the cost of acquiring equivalent services. |
| 6.4 | Subject to paragraph 6.3, Cadbury excludes liability whatsoever (including negligence) in relation to:
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| (a) | any death or injury arising out of this agreement; |
| (b) | any property damage arising out of this agreement; and |
| (c) | any delay in supply of a Reward by another supplier or refusal by a supplier to supply a Reward. |
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| 6.5 | Unless stated otherwise, product warranties, batteries, installation and services of items supplied as Rewards are not included. |
7. General
| 7.1 | The Connections with ACP Magazines Program may be affected by the laws in force in some jurisdictions. Any aspect of the program (including conditions to award if a Reward, or whether a particular Reward may be made available) that is affected by relevant law or government policy or direction will not operate or will only operate to the extent permitted by that relevant law or government policy or direction, as ACP may elect. |
| 7.2 | Any notice to be given to a Cadbury Member under these terms and conditions will be deemed to have been given if sent by pre-paid post, fax, or to an email address provided by the Cadbury Member to Cadbury for the purposes of applying for membership, as subsequently amended by the Cadbury Member in writing for time to time. |
| 7.3 | These terms and conditions may be changed or varied at any time without notice and with immediate effect by Cadbury in its absolute discretion. |
| 7.4 | Each Cadbury Member consents to ACP supplying Cadbury with such information as Cadbury requires to perform its obligations under this agreement. |
| 7.5 | These terms and conditions are governed by the laws of New South Wales. |
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