Terms Of Use
1. Definitions
1.1 "Applicant" refers to the person making a written, on-line internet or telephone application to participate in the Rewards Program.
1.2 AUSTRALIAN AUTOMOTIVE PARTNERS PTY LTD ("AutoPartners") is the organisation who markets and administers the Rewards Program outlined in these terms and conditions on behalf of the Partners.
1.3 "AutoPartners Rewards Program" or "Rewards Program" refers to those arrangements where a Member collects Points by returning barcodes or satisfactory proof of purchase documents or purchases Eligible Products and eligible services directly from a Partner and thereby qualifies for Rewards under these Terms and Conditions.
1.4 "Barcode Return Satchel" or "Satchel" refers to the reply paid, pre-addressed plastic satchels supplied to Members for the return of barcodes, proof of purchase and other eligible documents to AutoPartners.
1.5 "Customer Interaction Centre" or "CIC" is the centre established by AutoPartners where Member information is processed and the AutoPartners Rewards Program is administered.
1.6 "Eligible Products" refers to those products and services nominated by AutoPartners which are included to earn Points in the Rewards Program. A current list of Eligible Products can be found on the AutoPartners website, is included in a Member's Welcome Kit or is available by calling the CIC.
1.7 "Member" refers to the owner/manager of the Workshop, or individual nominated by the owner/manager to represent him/her, or any individual mechanic/fitter or other employee of the Workshop who is authorised by the owner/manager to collect Points for personal gain, and who has completed an application form or supplied details via the telephone or internet to join the AutoPartners Rewards Program, thereby agreeing to the Terms and Conditions, and is accepted by AutoPartners as a Member.
1.8 "Member's Account" is the record maintained by AutoPartners in which the Member's Points are accrued and redeemed.
1.9 "Partner" or "Partners" refers to those companies who supply Eligible Products and services which earn Points credited in the Rewards Program.
1.10 "Points" refers to the Points awarded to Members pursuant to these Terms and Conditions.
1.11 "Prime Account" refers to the Member's Account held in the name of the owner/manager (also includes director, partner, proprietor, etc.) of the Workshop, or individual nominated by the owner/manager to represent the Workshop in the Rewards Program.
1.12 "Rewards" are the products nominated by AutoPartners which can be obtained in exchange for Points earned by purchasing Eligible Products in the Rewards Program.
1.13 "Terms and Conditions" means these Terms and Conditions, as amended from time to time.
1.14 "Welcome Kit" refers to the materials, including a Member's Handbook, sent to Members when they join the AutoPartners Rewards Program.
1.15 "Workshop" or "Workshop's Business" refers to an independent motor workshop whose purpose of trading is the repair or servicing of vehicles.
2. Registration & Eligibility
2.1 There is no cost to Members to participate in the Rewards Program (other than purchases of Eligible Products and fees charged pursuant to these Terms and Conditions).
2.2 By participating in the Rewards Program, the Member agrees that he or she has read and understood these Terms and Conditions and will be bound by them.
2.3 All personal information relating to a Member will be dealt with in accordance with the AutoPartners Privacy Policy as amended from time to time. A copy of the AutoPartners Privacy Policy is available on the AutoPartners web site or may be obtained from the CIC on request. Personal information of a Member in relation to that Member can be accessed by that Member by writing to:
AutoPartners, Attention Privacy Officer, PO Box 1391, North Fitzroy Victoria 3068.
A reasonable fee may be charged in responding to such a request. Any fee would be communicated to the Member before it is incurred. See AutoPartners Privacy Policy for more information on access to personal information.
2.4 Members have the right to update any incorrect personal information. Only the Member named in the Member's Account record will be entitled to access personal information.
2.5 The AutoPartners Rewards Program does not constitute an offer capable of acceptance by any person resulting in a contract or any other legally binding agreement. Rather, the submission of a completed application form or provision of these same details via telephone or internet, will constitute an offer by the Member to participate in the Rewards Program, subject to acceptance by AutoPartners by the distribution of a Welcome Kit to the Member.
2.6 Where this offer contravenes any other contractual arrangement, this Rewards Program will not apply.
2.7 Membership of AutoPartners is only open to owner/managers, mechanic/fitters or other employees of a Workshop. Any organisation or company that is generally regarded by the Australian Automotive Aftermarket industry as a distributor, reseller or wholesaler and authorised agents of Partners are ineligible from becoming a Member in the AutoPartners Rewards Program, unless specifically exempted.
2.8 AutoPartners membership is not transferable.
2.9 While an unlimited number of Workshop employees may be Members in the Rewards Program, there may be only one Prime Account at a Workshop.
2.10 If a Member leaves a Workshop and takes up employment at another Workshop eligible for the AutoPartners Rewards Program, the Member may retain their Member's Account at their new employer. However if a Member takes up employment in a situation where they are no longer eligible to be a Member of AutoPartners, they must advise AutoPartners and terminate their membership.
2.11 If a Member terminates their membership in the Rewards Program, subject to all other Terms and Conditions, they may retain any Rewards obtained to that date. Any Points earned but not redeemed at the time of termination will be cancelled. AutoPartners will cancel the Member's Account on receipt of notification of the Member's request to terminate their membership.
2.12 Each Member must advise AutoPartners of any change of name, Workshop, address or other details as soon as practicable after the change. AutoPartners is not responsible for any failure by the Member to adequately notify AutoPartners of the change. Changes can be notified by calling the Customer Interaction Centre. Written proof must be supplied for any change of individual or Workshop trading/business name.
2.13 Each Member may maintain only one Member's Account in the Rewards Program.
2.14 If a Workshop's business changes hands during the Rewards Program, the outgoing proprietors may, subject to all other terms and conditions, and subject to the approval of AutoPartners retain any Rewards obtained to that date. The incoming proprietor may be invited to apply to join the Rewards Program, subject to the Rewards Program's Terms and Conditions.
2.15 Where a Member operates more than one Workshop, that Member may combine the Points earned from each location for the purposes of claiming Rewards.
2.16 Where there are multiple registered Members within one Workshop, those Members may, with the prior approval of AutoPartners, combine the Points earned by each of those Members for the purposes of claiming Rewards.
3. Earning of Points
3.1 Members can earn Points in four (4) ways from Partners:-
3.1.1 they can cut out the barcodes from Eligible Products and return them to AutoPartners;
3.1.2 they can supply proof of purchase documents for the purchase of Eligible Products in the form of a receipt or invoice copy to AutoPartners;
3.1.3 they can return Air conditioning & radiator 100 Points Vouchers to AutoPartners from participating outlets;
3.1.4 where a Member holds a credit account with a Partner or affiliated distributor and the Member has supplied this account number to AutoPartners, details of any purchases of Eligible Products will be supplied by that Partner and Points awarded, provided that a Direct Data Authority Form has been signed and returned to AutoPartners approving the collection and use of this information.
3.2 Points may also be earned where a Member holds a credit account with a distributor, reseller or wholesaler and the Member has given their permission for that distributor, reseller or wholesaler to supply details of any purchases of a particular Partner's Eligible Products to AutoPartners.
3.3 Points will be credited to a Member's Account for purchases and returned barcodes of Eligible Products. Points may also be credited to a Member's Account for promotional programs offered by Partners from time to time. AutoPartners and the Partners will determine which products qualify and the number of Points that will be credited to a Member's Account for such purposes.
3.4 Points will be credited to the Member's account as follows:
3.4.1 only after the barcodes have been scanned and that information has been transferred for Points calculations.
3.4.2 only after proof of purchase documents and air conditioning & radiator vouchers have been entered and Points have been calculated.
3.4.3 only after the Partner forwards the sales data to AutoPartners for Points calculation and provided a Direct Data Authority Form has been signed and returned to AutoPartners approving the collection and use of this information.
3.5 Where a Workshop holds a credit account with a Partner, Points will only be awarded to the Member at the Workshop who is the Prime Account.
3.6 AutoPartners will not allocate Points for Partners' products if they have ceased to participate in the Rewards Program.
3.7 AutoPartners and the Partners retain the right to exclude products from earning Points.
3.8 The Member agrees to return barcodes and proof of purchase documents in the Satchels provided, or other form acceptable to AutoPartners. Where a Member does not comply with this procedure and does not identify their Member number, Points cannot be awarded.
3.9 Where a Member is asked to provide proof of purchase, AutoPartners must be reasonably satisfied that the proof of purchase document relates to Eligible Products in the Rewards Program, or Points will not be awarded.
3.10 The Member agrees to take reasonable care in the collection of barcodes. Any barcode which is damaged, and cannot be scanned and/or recognised, will not be included in the calculation of Points.
3.11 Where a Member holds a credit account with a Partner and the Member has supplied this account number to AutoPartners, purchase information will be recorded by that Partner and data will be forwarded to AutoPartners on a regular basis. It is the Member's responsibility to ensure their account number has been supplied to AutoPartners. AutoPartners is not liable for any delay by or failure of a Partner to forward sales data to AutoPartners for the purposes of calculating Points.
3.12 Points may not be earned for any payment of goods and services tax in respect of Eligible Products purchased by a Member.
3.13 AutoPartners reserves the right to reverse or cancel any Points credited to a Member's Account incorrectly, not in accordance with or in breach of the AutoPartners Terms and Conditions at any time without liability.
3.14 Points may only be transferred at AutoPartners absolute discretion from one Member's Account to another Members Account under the following circumstances:
3.14.1 Where Points have been awarded for purchases of Eligible Products to a mechanic/fitter or employee who is not the owner/manager of the Workshop, or individual nominated by the owner/manager to represent the Workshop in the Rewards Program, and does not have the owner/manager's permission to be earning those Points. Under these circumstances, written proof will need to be provided to AutoPartners before any Points transfer is completed. AutoPartners will cancel the ineligible Member's Account on receipt of this written proof.
3.14.2 Where Points have been awarded to two different Member's Accounts both registered in the name of the same Member. Under these circumstances, the Member would be given the opportunity to nominate which Member's Account they wished to continue and which to be cancelled.
3.15 Any member deemed to be missing points via direct sales data may have points backdated and awarded up to a maximum of 6 months, only upon approval via their partner sales representative.
4. Points Validity
4.1 As at 1 January 2006, points no longer expire, providing a member earns points during each 12 month period.
4.2 In the event that a member becomes inactive and does not earn points each 12 month period, all current points are forfeited. Members will get advance notice of inactivity which could result in the loss of points.
4.3 Points can be transferred to Capricorn Society. See section 7 for further details.
5. Claiming Rewards
5.1 Points can be redeemed for Rewards as described in the AutoPartners Rewards Catalogue,printed version and the AutoPartners website online rewards catalogue, as issued by AutoPartners and current from time to time. Points in the catalogue are current at the date of publication and are subject to change without notice.
5.2 Where a Member holds a credit account with any Partner, the Member's account status will be assessed prior to Points being redeemed for Rewards. If a Member is delinquent in its trading terms and conditions with any Partner, that portion of Points earned with that Partner cannot be released until the account is operating in accordance with the trading terms and conditions.
5.3 Products described in any AutoPartners publication are current at the time of printing. Should any products be discontinued or unavailable at the time of Points' redemption, every effort will be made to find a similar replacement. AutoPartners cannot guarantee similarity, availability or equivalent point value.
5.4 AutoPartners reserves the right to delete or change any product or service offered as a Reward in any AutoPartners publication at any time without notice.
5.5 Rewards may be claimed on-line via the AutoPartners website or by returning an official AutoPartners claim form available from the Customer Interaction Centre by phoning 1300 650 048 or via the AutoPartners website at www.autopartners.com.au
5.6 Once delivered, an item cannot be returned or exchanged unless it is deemed to be damaged or faulty. All costs associated with return or exchange are at the Member's expense.
5.7 Delivery of Rewards may take up to eight (8) weeks from the date the claim is received by the Customer Interaction Centre, except where items are out of stock. Members will be advised when an item is out of stock and an expected timeframe on delivery.
5.8 Any liability for Commonwealth, State or other taxes imposed on any Rewards resulting from this program will be the sole responsibility of the Member and not AutoPartners or their Partners. Each Member indemnifies AutoPartners and each Partner against liability relating to such taxes. Members should consult their own taxation adviser.
5.9 AutoPartners and its Partners do not accept responsibility or liability whatsoever for any loss, accident, injury, delay or irregularity or consequential damages that may be caused to any person or persons or to property in connection with any product usage, services or travel arrangements resulting from the AutoPartners Rewards Program, or participation in the Rewards Program.
5.10 Product warranties remain the responsibility of the original distributors, manufacturers and/or suppliers of products offered in the program. Neither AutoPartners, nor its Partners, accept any responsibility or liability for damaged or faulty products, to the maximum extent permitted by law. Members should direct queries regarding warranties to the product manufacturer.
5.11 Points cannot be exchanged for any other form of reward, such as cash, stock, settlement of accounts, etc.
5.12 If a member holds a 10% rewards claim bonus, having earned this bonus by transferring Capricorn points to AutoPartners, this claim bonus will be deducted from the members' next rewards claim, effectively giving them a 10% discount on the total number of points required for that claim. See 7.3 for more details.
6. General Information
6.1 AutoPartners reserves the right to change these Terms and Conditions at any time, without prior notice and at AutoPartners absolute discretion and reserves the right to vary, suspend or terminate the Rewards Program at any time, without prior notice and alter, delete, add to or substitute Partners at any time, without prior notice. AutoPartners will not be liable for any suspension or termination of the AutoPartners Rewards Program on any account whatsoever including (without limitation) for any Points balance in a Member's Account at the time of suspension or termination.
6.2 AutoPartners will attempt to notify Members of any changes to these Terms and Conditions but will not be liable in any way for any failure to do so. Refer to the AutoPartners website:, www.autopartners.com.au for all current Terms and Conditions.
6.3 Any notice to be given to a Member under these Terms and Conditions will be deemed to have been given if sent by post, fax or email to the Member at the mailing address, fax number or email address provided by the Member to AutoPartners for the purposes of the Rewards Program.
6.4 The AutoPartners Privacy Policy issued by AutoPartners and as varied from time to time forms part of these Terms and Conditions, but shall prevail over these Terms and Conditions if they are inconsistent in any respect.
6.5 AutoPartners reserves the right to make any changes at any time, without prior notice and at their absolute discretion to Eligible Products and the number of Points Members receive as a result of purchasing such Eligible Products.
6.6 The Member acknowledges that, under these Terms and Conditions, AutoPartners reserves the right in its absolute discretion to suspend or terminate a Member's participation in the AutoPartners Rewards Program at any time, without prior notice for any reason including, without limitation, if the Member fails to comply with these Terms and Conditions, abuses any privilege accorded to the Member, supplies any misleading information or makes misrepresentations to AutoPartners.
6.7 Membership will terminate automatically when the Member is deceased. Points earned but not redeemed for Rewards will be cancelled. AutoPartners will cancel the Member's Account on receipt of notification in writing.
6.8 A Member may terminate their membership in the Rewards Program at any time by giving written notice to AutoPartners
6.9 Members must notify AutoPartners of any change of Workshop or Member details.
6.10 An AutoPartners membership card is not a charge or credit card and provides no benefit other than identification. Membership cards are no longer issued and a membership card is not required to participate in the Rewards Program.
6.11 From time to time, promotional offers and special events will be communicated to Members, other than through the Points statement mailings. Members have the right to opt out of these additional communications and can do so by writing to AutoPartners, Attention Privacy Officer, PO Box 1391, North Fitzroy, Victoria, 3068 and indicating this. In the case of email, SMS or telemarketing initiatives, the member will be given details on how to opt out of further interaction at the time of receiving the communication.
6.12 In all matters relating to the interpretation of any rule of the Rewards Program, the decision of AutoPartners will be final and binding on all Members.
6.13 Partners do not have authority, expressed or implied, to make any representation, warranty or statement on behalf of AutoPartners, and AutoPartners accepts no responsibility in respect of such representations, warranties or statements. Similarly AutoPartners does not have the authority, expressed or implied, to make any representations, warranties or statements on behalf of the Partners.
6.14 The continued operation of these Terms and Conditions shall not be affected by any repudiation or other termination of any contract or transaction relating to the Rewards Program by the Member.
6.15 These Terms and Conditions shall prevail over any terms and conditions expressed on any form or other document of the Member.
6.16 AutoPartners will not be liable for any failure under these Terms and Conditions if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control of AutoPartners.
6.17 The Member agrees and acknowledges that this contract is entered into in the State of Victoria, Australia and irrevocably agrees to submit to the jurisdiction of the Courts of that State.
6.18 To the extent permitted by law, no warranty, condition, description or representation on the part of AutoPartners is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the products is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law.
6.19 In the event that this contract constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974, as amended, or relevant similar State or Territory legislation ("the Acts"), nothing contained in this contract excludes restricts or modifies any condition, warranty or other obligation in relation to this contract and the products/Rewards which, pursuant to the Acts, or any of them, is applicable or is conferred on the Member where to do so is unlawful, in which event AutoPartners sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Member may sustain or incur, shall be limited (except to the extent specifically set forth herein) to:-
6.19.1 the replacement of the products/Rewards; or
6.19.2 the supply of equivalent products/Rewards; or
6.19.3 payment of the cost of replacing the products/Rewards or acquiring equivalent goods; or
6.19.4 the repair of the products/Rewards or payment of the cost of having the goods repaired; as AutoPartners may select.
6.20 If any of these Terms and Conditions are invalid or unenforceable at law, the remainder shall remain valid and enforceable to the fullest extent permitted by law, and AutoPartners may vary these Terms and Conditions, in its discretion, to address such invalidity or unenforceability.
7. Capricorn Terms and Conditions
7.1 For so long as AutoPartners has an agreement with Capricorn Society Limited ACN 008 926 645 ("Capricorn") allowing for the mutual exchange of points, any Member who is also a current member of Capricorn and is eligible to participate in Capricorn's rewards program, may convert their AutoPartners Points into points in Capricorn's rewards program and vice versa. This is subject to the following terms and conditions.
7.2 These conditions will apply for so long as Capricorn and AutoPartners are participants in an agreement which provides for the mutual exchange of points between them. If at any time prior to a Member exchanging points, AutoPartners and Capricorn cease to be a party to any such agreement, then the rights of all Members to convert points will cease.
7.3 Points will be converted on the following basis:
7.3.1 Points transferred from Capricorn to AutoPartners equal one Capricorn point for one AutoPartners Point plus a 10% rewards claim bonus. The 10% rewards claim bonus is calculated on the total number of points transferred to AutoPartners from Capricorn (per transfer).
7.3.2 Once the 10% rewards claim bonus has been applied, any points transferred back to Capricorn within 12 months will forfeit this bonus.
7.3.3 Points transferred from AutoPartners to Capricorn equal one AutoPartners point for one Capricorn point, plus a 500 point transfer fee, per transfer. This fee is capped irrespective of the total points transfer.
7.3.4 Workshops will incur a 500 points transfer fee per points transfer to Capricorn.
7.4 To convert any AutoPartners Points into Capricorn points,or vice versa, a Member must first complete and submit to AutoPartners the appropriate form published by AutoPartners and Capricorn and available from the Customer Interaction Centre by phoning 1300 650 048 ("Points Transfer Authority Form") or online.
7.5 The Member must have accrued a minimum of 1,000 points before points may be converted.
7.6 Points can be converted in lots of 100, with a minimum 1,000 points per transaction in either direction.
7.7 Neither AutoPartners nor Capricorn will be obliged to convert any points until those Points and the currency of the Member's membership of both Capricorn and AutoPartners, are verified.
7.8 AutoPartners will notify the Member as soon as practicable after receiving a Points Transfer Authority Form as to whether or not the transfer of points requested by the Member has been accepted. The next following Points statement will show the new balances of the Member's respective AutoPartners Points and Capricorn points.
7.9 Members are subject to and must comply with the terms and conditions applying to membership of Capricorn and participation in the Capricorn rewards program.
7.10 Members must be members of AutoPartners for a minimum of 3 months before they qualify to transfer points.
7.11 Once any AutoPartners Points have been converted into Capricorn points, then AutoPartners will no longer be obliged to redeem any of those Points for any Rewards.
8. Website Terms and Conditions
These terms and conditions apply to users of the AutoPartners website ("the Site"). By using the Site, you accept and agree to these terms. AutoPartners Members are also subject to the AutoPartners Terms and Conditions. AutoPartners reserves the right to change these terms at any time. Please check these terms at regular intervals for any changes. Your continued use of the Site following any change to these terms will be deemed acceptance of those changes. 8.1 Ownership of materials on the Site Unless otherwise indicated, AutoPartners owns all copyright in the material on the Site. All registered or unregistered trademarks used on the Site are the property of their respective owners. AutoPartners authorises you to print, copy, reproduce, download and view materials on the Site, subject to:
• The material being used in the intended manner;
• The material being used exclusively for non-commercial personal use; and
• The material not being modified in any manner. If you download material (including any software) from the Site, it is licensed to you by AutoPartners for non-commercial personal use only. You are expressly prohibited from licensing, selling, distributing, decompiling, reverse engineering or otherwise dealing with it.
8.2 Use of the Site You must not upload to, or distribute or publish through, the Site any inappropriate communication in any form. Inappropriate communications include obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material. Commercial use of the Site is strictly prohibited. By uploading materials to the Site, you grant AutoPartners a non-exclusive, royalty free, perpetual licence to use, modify, reproduce, distribute or otherwise deal with uploaded material in any manner which AutoPartners deems appropriate.
8.3 Privacy AutoPartners Privacy Policy will also apply to Members use of the Site. Although AutoPartners has implemented security measures in relation to information uploaded to the Site, you acknowledge that the internet is inherently insecure and that AutoPartners will not be responsible for any breach of security or unintended loss or disclosure of information in relation to the Site. We also collect information on the times and ways you use our website. This information will be used for the purposes outlined in our Privacy Policy and to improve the operation of the Site.
8.4 Information and services at the Site AutoPartners updates the Site regularly, however AutoPartners makes no representation as to the accuracy, currency or completeness of any information or services at the Site. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk. All information and services at the Site are provided on an "as is" basis. To the fullest extent permitted by the applicable law, AutoPartners excludes all terms, conditions and representations, express or implied. Any liability of AutoPartners under these terms and conditions, under any other provisions that by law cannot be excluded or that are not otherwise excluded under this clause is, where permitted by law, limited at the option of AutoPartners to the resupply of the relevant information or services. In no event will AutoPartners be liable for any consequential or indirect loss incurred by you in relation to use of the Site.
8.5 Links to other Sites One of the services the Site provides is access to other sites on the internet via hyperlinks located on the Site ("Linked Sites"). AutoPartners is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Site or services or information provided via any Linked Site.
8.6 Jurisdiction These terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under these terms and conditions.