1. Definitions

In these terms and conditions:

ACP means ACP Magazines ABN 18 053 273 546

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

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

Connections Rewards Points means points accumulated by a Member under the Connections with ACP Magazines Program

Connections with ACP Magazines Program means the rewards program offered by ACP Magazines as described in these terms and conditions, the Rewards Catalogue and other promotional material issued by ACP Magazines from time to time

Member means a party to an ACP Magazines Newsagency Agreement who has been allocated a Network Services account number and who has been accepted by ACP Magazines for membership of the Connections with ACP Magazines Program and issued a Connections with ACP Magazines membership number

Reward means goods and services described in the Rewards Catalogue or otherwise offered by ACP Magazines in relation to the Connections with ACP Magazines Program at any time

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

Weekly Promotional Calendar means the Weekly Promotional Calendar from time to time provided by ACP Magazines to each Member detailing in-store promotional activity

2. Membership

2.1 To join and to remain a Member of the Connections with ACP Magazines Program and to continue to be entitled to accumulate Rewards Points and claim Rewards, 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 Magazines Newsagency Agreement;

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

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

(e) sell ACP Magazines in each calendar year to a value (calculated on the recommended retail price including GST less commission) of $18,000 or more;

(f) apply to join, by properly completing a Connections with ACP Magazines on-line application form, and be accepted for membership by ACP Magazines in the Connections with ACP Magazines Program.

(g) have an active, permanent email address so as to receive the weekly Connections with ACP Magazines e-newsletter and any additional ad-hoc communication, which the Member by completing a Connections with ACP Magazines application form consents to receiving;

(h) acknowledge and agree that Connections with ACP Magazines will not provide an unsubscribe facility within any e-mail communication to the Member. To unsubscribe from Connections with ACP Magazines e-mail communications will result in termination of the membership. A Member may unsubscribe at any time under paragraph 3.2.

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

2.3 Changes to information as stated in a Connections with ACP Magazines application form must be promptly notified to ACP Magazines by the Member in writing.

2.4 Membership of the Connections with ACP Magazines Program is not transferable.

2.5 The Privacy Policy of the Connections with ACP Magazines Program from time to time will form part of these conditions.

3. Termination

3.1 ACP Magazines may at ACP Magazines' absolute discretion suspend or terminate all or any part of the Connections with ACP Magazines Program by giving notice generally to Members at any time.

3.2 A Member may cancel membership of the Connections with ACP Magazines Program by giving notice in writing to ACP Magazines connections@acpmagazines.com.au at any time.

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 Magazines Newsagency Agreement (for example, on transfer of a newsagency).

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

3.5 ACP Magazines may at ACP Magazines' absolute discretion suspend, cancel or terminate a Membership, suspend accumulation of Connections Rewards Points, or cancel all or any of a Member's accumulated Connections Rewards Points, at any time and with immediate effect including without limitation suspension, cancellation or termination because, in ACP Magazines' opinion, the Member no longer complies with the ongoing requirements as stated in paragraph 2.1 above.

3.6 In the event of termination of the Connections with ACP Magazines Program or a Member’s Membership of the Program, the Member will cease to receive the weekly Connections with ACP Magazines newsletter and any additional ad-hoc communications referred to in these conditions.

4. Connections Rewards Points

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

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

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

4.4 Connections Rewards Points will expire 3 years after the date of accumulation unless otherwise specified by ACP Magazines.

4.5 Except where the current Rewards Catalogue or other promotional material issued by ACP Magazines from time to time expressly permits, Connections Rewards Points accumulated by a Member are not transferable and may only be redeemed by a Member for Rewards for that Member. However, where the current Rewards Catalogue or other promotional material issued by ACP Magazines from time to time expressly permits transfer of Connections 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.

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

(For example, fringe benefits tax may be payable if Connections 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 a nominated issue of an ACP Magazine, ACP Magazines may, in its absolute discretion, not award to the Member the bonus ACP Magazines points offered for sales of the nominated 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 Magazines gives no warranty or assurance in relation to such tax or other duties.

5.2 ACP Magazines may at any time and with immediate effect alter the number of Connections 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 Magazines will endeavour to meet specified availability targets but excludes liability for late availability or late delivery.

5.4 ACP Magazines may withdraw, replace or substitute a Reward at any time without notice.

5.5 Connections Rewards Points and Rewards do not have any cash value. Connections 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 Magazines from time to time, meet any eligibility criteria or other conditions associated with the Reward and comply with such procedures for redemption as specified by ACP Magazines from time to time.

5.7 ACP Magazines may rely upon a request for redemption of Connections 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 are specified by ACP Magazines from time to time.

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

6. Warranties and Liability

6.1 ACP Magazines has taken and will take all reasonable care to ensure that information it publishes in relation to the Connections with ACP Magazines Program is correct and not misleading, but ACP Magazines 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 Magazines makes no warranty (whether express or implied) whatsoever with respect to Rewards provided under the Connections with ACP Magazines Program. In particular, ACP Magazines 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 Magazines 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 Magazines limits its liability to the fullest extent permitted by law, and if permitted by law to one or more (as ACP Magazines 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 Magazines excludes liability whatsoever (including 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 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 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 Magazines may elect.

7.2 Any notice to be given to a 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 Member to ACP Magazines for the purposes of applying for membership of the Connections with ACP Magazines Program, as subsequently amended by the Member in writing from time to time.

7.3 These terms and conditions may be changed or varied at any time without notice and with immediate effect by ACP Magazines in its absolute discretion.

7.4 ACP Magazines is entitled to have an agent or contractor carry out all or part of the Connections with ACP Magazines Program in its absolute discretion. Each Member consents to ACP Magazines supplying any agent or contractor with such information as is required for them to perform their duties.

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

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