1. Definitions

In these terms:

ACP means ACP Magazines Limited ABN 18 053 273 546

ACP Magazines means magazines, periodicals and other publications published by ACP

ACP Newsagency Agreement means a written agreement between a newsagent and ACP for the supply of ACP magazines to the newsagent

Rewards Points means points accumulated by a Member under the Program

Program means the trade development program offered by ACP called “Connections with ACP Magazines”

Member means a member of the Program (and Membership has a corresponding meaning)

Reward means goods and services described in the Rewards Catalogue or otherwise offered by ACP in relation to the Program

Rewards Catalogue means any catalogue issued by ACP describing, among other things, the rates at which Rewards Points may be accumulated, Rewards available and the number of Rewards Points required to be redeemed for a Member to claim a Reward

Website means the website at www.connectionswithacp.com.au

Weekly Promotional Calendar means the promotional calendar provided weekly by ACP to each Member detailing in-store promotional activity

2. Membership

2.1 To become and to remain a Member of the Program, a newsagent must:

(a) operate a retail premises as a newsagency;

(b) be the person or corporation or other legal entity named as the contracting party in a current ACP Newsagency Agreement;

(c) comply with the terms of the ACP Newsagency Agreement and with these terms;

(d) hold a Network Services account number;

(e) conduct sales promotions in accordance with the Weekly Promotional Calendar;

(f) sell ACP Magazines in each calendar year to a value (calculated on the recommended retail price including GST less commission) of $20,500 or more;

(g) apply to join, by properly completing the Program's on-line application form (available at the website), and be accepted for Membership; and

(h) have an active, permanent email address so as to receive the Program's weekly e-newsletter and additional ad-hoc communication.

2.2 Membership applications will be reviewed by ACP. ACP may accept or reject an application to be a Member at ACP's discretion and without giving reasons.

2.3 Changes to information as stated in an application form for Membership must be promptly notified to ACP by the Member in writing.

2.4 The Member agrees, as a condition of Membership, to receiving the Program’s weekly
e-newsletter and additional ad hoc communications by email and that ACP will not provide an unsubscribe facility within any such e-mail communication. A request to cease receiving such
e-mail communication constitutes a Membership cancellation request.

2.5 Membership is not transferable.

3. Termination

3.1 ACP may suspend or terminate all or any part of the Program by giving notice to Members.

3.2 A Member may cancel its Membership by giving notice in writing to ACP (including by email to connections@acpmagazines.com.au).

3.3 Membership will terminate if a Member that is a natural person dies or commits an act of bankruptcy, or a Member that is another legal entity is dissolved or resolves to be wound up, or a Member ceases to be a party to an ACP Newsagency Agreement (for example, on transfer of a newsagency).

3.4 All Rewards Points accumulated but not redeemed for Rewards are immediately cancelled upon a person ceasing to be a Member.

3.5 ACP may suspend, cancel or terminate a Membership, suspend accumulation of Rewards Points, or cancel all or any of a Member's accumulated Rewards Points, including without limitation suspension, cancellation or termination because, in ACP's opinion, the Member no longer complies with the requirements in paragraph 2.1

4. Rewards Points

4.1 Rewards Points will accumulate for sales of ACP Magazines at the rates specified by ACP on the date on which ACP issues a Rewards Points statement to a Member. Members cannot request redemption of Rewards Points from sales of ACP Magazines for any Reward or other benefit until a Rewards Points statement including such Rewards Points has been issued.

4.2 Where a Rewards Catalogue or other promotional material issued by ACP expressly permits two or more Members to combine their Rewards Points for the purposes of redemption for specific Rewards, each Member seeking to combine Rewards Points must comply with any eligibility conditions for that combination.

4.3 Any query or dispute concerning a Rewards Points statement must be notified to ACP within three months from the date of the statement. ACP will not consider queries or disputes raised after this time.

4.4 Rewards Points will expire 3 years after the date accumulated.

4.5 Except where the then current Rewards Catalogue or other promotional material issued by ACP expressly permits, Rewards Points accumulated by a Member are not transferable and may only be redeemed by a Member for Rewards for that Member. However, where ACP expressly permits transfer of Rewards Points or award of Rewards to another person nominated by the Member, the Member:

(a) must comply with any eligibility conditions for that transfer; and

(b) is solely responsible for all taxation liabilities and must comply with all taxation obligations.

(For example, fringe benefits tax may be payable if Rewards Points are converted by a Member into a Reward which that Member gives to an employee of that Member.)

4.6 If a Member does not comply with the requirements of the Weekly Promotional Calendar in respect of promotional activity for an issue of an ACP Magazine, ACP may elect to not award to the Member the Rewards Points offered for sales of the issue of the ACP Magazine.

5. Rewards

5.1 All tax liabilities and other duties arising from the accumulation of Rewards Points or the provision of Rewards are the sole responsibility of each Member. ACP gives no warranty or assurance in relation to such tax or other duties.

5.2 ACP may alter the number of Rewards Points required to be redeemed for a particular Reward, or impose additional conditions in relation to a Reward or otherwise change conditions relating to a Reward.

5.3 All Rewards are subject to availability. ACP will endeavour to meet specified availability targets but excludes liability for late availability or late delivery.

5.4 ACP may withdraw, replace or substitute a Reward without notice.

5.5 Rewards Points and Rewards do not have any cash value. Rewards Points and Rewards can not be converted into cash.

5.6 To redeem Rewards Points for a Reward, a Member must have accumulated the required number of Rewards Points as specified in the then current Rewards Catalogue and other promotional material issued by ACP, meet any eligibility criteria or other conditions associated with the Reward and comply with the procedures for redemption specified by ACP.

5.7 ACP may rely upon a request for redemption of Rewards Points or a request for release or delivery of a Reward made by a person purporting to be the Member or the Member's authorised representative, where that person substantially complies with the procedures for such requests as specified by ACP.

5.8 Rewards will at ACP's election, be either made available by ACP or the relevant supplier of the Reward for collection or delivered by such means as ACP may elect (such as by post or courier) to the Member's newsagency. Once a request for redemption of Rewards Points for a Reward has been accepted the request can not be reversed.

6. Warranties and Liability

6.1 ACP has taken and will take all reasonable care to ensure that information it publishes in relation to the Program is correct and not misleading, but ACP does not accept any liability relating to information provided by third parties. All descriptions of Rewards are based on information provided by suppliers.

6.2 Except as required by law, ACP makes no warranty (whether express or implied) whatsoever with respect to Rewards. In particular, ACP gives no warranty with respect to the quality of Rewards or their suitability for any purpose.

6.3 The rights, if any, which a Member may have in connection with a Reward are solely against the supplier of the Reward. To the full extent permitted by law, ACP excludes statutory and other implied conditions and warranties. Where the law does not permit exclusion of statutory and other implied conditions and warranties or other liability but permits limitation of liability, ACP limits its liability to the fullest extent permitted by law, and if permitted by law to one or more (as ACP 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, ACP excludes all liability whatsoever (including for negligence) in relation to:

(a) any death or injury arising out of supply or use of a Reward;

(b) loss, theft or destruction of a Reward; and

(c) any delay in supply of a Reward by another supplier or refusal by a supplier to supply a Reward.

6.5 Unless stated otherwise, product warranties, batteries, installation and service of items supplied as Rewards are not included.

7. General

7.1 The Program may be affected by the laws in force in some jurisdictions. Any aspect of the program (including conditions to award of 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 Member under these terms will be deemed to have been given if sent by pre-paid post, fax or to an email address provided by the Member to ACP for the purposes of applying for Membership, as subsequently amended by the Member in writing.

7.3 These terms may be changed or varied at any time without notice and with immediate effect by ACP.

7.4 ACP may have an agent or contractor carry out all or part its duties under this agreement. Each Member consents to ACP supplying any agent or contractor with such information as is required for them to perform their duties.

7.5 These terms are governed by the laws of New South Wales.

7.6 The Privacy Policy of the Program (available at the Website) forms part of these terms.

7.7 ACP is not responsible for any inaccurate or incorrect information or technical difficulty or error occurring in the administration of the Program, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile, internet or satellite network failure or theft or destruction or unauthorised access to or alteration of information and records held by ACP relating to the Program or Rewards Points.