Club_BCF_Terms_and_Conditions

FULL TERMS AND CONDITIONS
for Club BCF Card Membership

1. In these Terms and Conditions: “Club BCF Card” means a membership card issued pursuant to this Program; “Member” means an individual who is an Australian resident whose application to take part in the Program is accepted; “Membership” means membership in this Program. “Program” means the Club BCF program operated pursuant to these Terms and Conditions by BCF; “BCF” is BCF Australia Pty Ltd, 751 Gympie Road, Lawnton. Qld. 4501, phone 07 3480 7800.

2. By signing the application form or using a Club BCF Card (hereafter the “Card”), each Member (and applicant) accepts and agrees to be bound by these Terms and Conditions and any variations made from time to time to these Terms and Conditions.

3. Membership in the Program is only open to individuals who reside in Australia and is subject to acceptance of application. Membership only established on receipt and acceptance of original application of the Member by BCF. BCF may refuse any application in their absolute discretion.

4. Each Card will remain the property of the BCF and must be returned on demand. It is not a credit or a payment card. Any lost Card may at the discretion of BCF be replaced. A Member must notify BCF immediately if Card is stolen or lost at BCF’s Contact Point. BCF is not liable for any delay in replacing a Card.

5. The Member is responsible for the safe keeping of their Card, and BCF will not be liable for any unauthorized use of a Card. The Member will be responsible to contact BCF at the BCF Contact Point if they discover any unauthorized activity.

6. Member’s Card can only be used by the Member and is not transferable. Member’s Card can only be used on presentation and must be accompanied with adequate personal identifi cation as determined by BCF.

7. Membership entitles the Member to communication, information in relation to the program, and promotional offers on participating products at participating BCF stores. Notwithstanding the forgoing, nothing shall prevent BCF offering promotional offers to individuals who are not Members.

8. All promotional offers at participating BCF stores offered to Members will only be offered in accordance with the terms and conditions for those promotional offers.

9. Promotional offers at the BCF stores may change from day to day and it’s the Member’s sole responsibility check whether a promotional offer is available on a participating product. BCF in it’s sole discretion will determine what promotional offers are offered to Members and makes no guarantee as to the availability of any promotional offers.

10. The Member hereby irrevocably holds harmless BCF, its related bodies corporate, employees, directors, suppliers and agencies from all claims, suits, demands, actions, proceedings which the Member has or in the future may have against BCF, its related bodies corporate, employees, directors, suppliers and agencies, and shall indemnify and release BCF, its related bodies corporate, employees, suppliers, directors, related companies and agencies from all and any claims for damages or otherwise in the terms of, and arising out of this Program to the full extent permitted by law. The term “related bodies corporate” has the same meaning as in the Corporations Act 2001.

11. To the extent permitted by law, BCF will not be liable for any delays, disruptions, omissions or errors in the operation of the Program including technical or mechanical malfunctions, and will not be liable for any loss caused by any such delays, disruptions, omissions or errors.

12. The Member acknowledges and agrees that all decisions pertaining to this Program rests solely with BCF and its decision is fi nal.

13. Without in any way limiting the operation of, and in accordance with Clause 12, BCF in its sole discretion can at all times: (i) change, amend or vary these Terms and Conditions; (ii) change, amend, vary, withdraw or cancel any promotional offer offered to Members; (iii) exclude a Member from, or cancel a Member’s membership in, the Program, without prior notice and without prior notice to a Member.

14. BCF gives no warranty as to the continuing availability of the Program. BCF may, in its absolute discretion, at any time cancel the Program in whole (or in part) upon reasonable notice (“reasonable notice” being no less than 1 week).

15. Without limiting Clauses 13 and 14 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if BCF notifi es the Member of the change by any method including, but not limited to the use of email and or posting details of the changes on the BCF website.

16. Without in any way limiting the rights of BCF as set out in Clause 14 and 15, if a Member is in breach of these Terms and Conditions, at any time, then BCF may cancel the Member’s membership with the Program and any Member whose membership is cancelled may no longer access Member promotional offers or any other related benefi ts.

17. To the extent permitted by law, BCF, its related bodies corporate, employees, directors, suppliers and agencies is not liable for any loss or damage suffered by Members resulting from such withdrawals, cancellations, variations or change as set out in Clauses 13, 14 or 16 or arising from the Program.

18. Privacy: BCF, and/or its agents on its behalf, collects the Member’s personal information in order to operate the Program. If this information is not provided then the Member may not participate in the Program. By making an application, unless otherwise advised, the Member consents and authorises BCF and for any other third party (including without limitation a related body corporate, agents, contractors) to use this personal information for the purpose of conducting the Program. In addition this personal information and any other information that is obtained via the Program may be used by the BCF, for future marketing, promotional, research, product development and planning purposes in any form of media (including without limitation to communications made via ‘electronic messages’ as defi ned in the Spam Act 2003). A request by the Member to access, update or correct any information should be directed to BCF PO Box 2377, Strathpine Qld 4500.

19. Governing Law: The Terms and Conditions and membership in the Program are governed by and will be construed in accordance with the laws of the State of Queensland, irrespective of where the application for membership has been completed by the Member or submitted. Any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, unless otherwise agreed to by BCF, must be instituted and carried on only in the appropriate Court or tribunal of Queensland.

20. Nothing in these Terms and Conditions affects any rights a Member may have and which by law may not be excluded under any statute including the Trade Practices Act (1974).