1.1 This document is known as the myCOZmedics Rewards Program Terms and Conditions.
1.2 This document sets out the Terms and Conditions of the myCOZmedics Reward Program provided by COZmedics. These Terms and Conditions are intended to protect you and COZmedics.
1.3 These Terms and Conditions will be accepted by you and will be binding upon registration for the myCOZmedics Rewards program. If you do not agree to be bound by these Terms and Conditions you have the option to not participate in the myCOZmedics Rewards program
1.4 This document is known as the myCOZmedics Rewards Program Terms and Conditions.
"COZmedics" means COZmedics Results Pty Ltd of 49 The Esplanade, Maroochydore QLD and the collective group of COZmedics Clinics & COZmedics skinshop
"COZmedics Clinic" means a COZmedics clinic participating in the myCOZmedics Rewards program. Participating clinics:
"COZmedics skinshop" means:
"Affiliate" means a business affiliated with the myCOZmedics Rewards Program, as advised to you by COZmedics from time to time via eMail or Post.
"Eligible Purchase means:
"Purchase" means a received payment for goods or services provided by COZmedics.
"Payment" means a payment in Australian Dollars. Payment methods considered received immediately are:
Payments made by the following means will not be considered received immediately until confirmation is received of successful payment:
"Member" means a member of the myCOZmedics Rewards Program
"Reward Point" means the points earned by you in accordance with these Terms and Conditions
"Reward Discount" means the calculated discount value that is issued to you. This value can be used as a discount on eligible purchases.
"myCOZmedics Mobile App" means the myCOZmedics mobile application available from the Apple App Store for iPhones.
"myCOZmedics Rewards Program Account" means the program account held by COZmedics in a members name. If you are a Member, the myCOZmedics Program Account details the number of Reward Points and Rewards Discount that have been allocated to you in accordance with these Terms and Conditions.
"Dollar" or "$" means Australian dollars
"Privacy Notice" means the COZmedics privacy notice located at http://www.cozmedics.com.au/corporate/legal
"Standard Reward Points" means 2 Reward Points for each Dollar spent, or as varied from time to time in accordance with clause 5.14
"Promotional Reward Points" means extra Reward Points for each Dollar Spent as a result of other promotional or incentive programs offered from time to time."
"Terms and Conditions" means these Terms and Conditions, as amended from time to time.
"You" or "Your" is a reference to the individual in whose name the myCOZmedics Rewards Account is held.
"Benefit" means the facilities, services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time.
3.1 Subject to clause 3.2, COZmedics reserves the right to make any changes (whether material or otherwise) to myCOZmedics Terms and Conditions including:
a) changes to:
b) changes to any COZmedics products and services.
3.2 COZmedics will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit Benefits:
(a) where the Benefit is provided by COZmedics, to give Members at least 3 months notice;
(b) where the Benefit is provided by a affiliate, where possible give Members at least 30 days notice.
3.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if COZmedics notifies Members of the change by providing notice at the email address provided to COZmedics by the Member or, if no valid email address is held by COZmedics, by posting details of the changes on cozmedics.com.au
3.4 Except as otherwise stated in applicable conditions, if an Reward ceases to be available after it has been booked by a Member, COZmedics will (at the Member's option) either refund the Points redeemed by the Member to obtain the Reward or provide an alternative Award of similar value.
4.1 COZmedics gives no warranty as to the continuing availability of the myCOZmedics Rewards Program. COZmedics may terminate or suspend the myCOZmedics Rewards Program at any time. COZmedics will give at least six months notice to Members of such termination or suspension, except if COZmedics ceases to operate an business in which case the myCOZmedics Rewards Program will cease immediately.
4.2 If COZmedics terminates or suspends the myCOZmedics Rewards Program, Members will be able to redeem Points during the notice period in accordance with these Terms and Conditions, except where COZmedics is ceasing to operate an business and/or has gone into liquidation or other form of administration, in which case COZmedics may terminate or cancel any Discounts or Benefits immediately without notice.
5.1 Membership in the myCOZmedics Rewards Program is open only to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.
5.2 COZmedics patients are automatically Persons wishing to become a member of the myCOZmedics Rewards Program must apply for Membership which can be performed in any COZmedics clinic, COZmedics skinshop or within the myCOZmedics iPhone app. Membership is offered at the discretion of COZmedics. COZmedics has the right to accept or reject any application for Membership.
5.3 These Terms and Conditions will be accepted by you and will be binding upon acceptance into the myCOZmedics Rewards program. If you do not agree to be bound by these Terms and Conditions you must cancel you membership.
5.4 Rewards Points will not be awarded until these Terms and Conditions have become binding on you.
5.5 By registering & participating in the myCOZmedics Rewards program you agree to the collection, use and disclosure of your personal information in accordance with the COZmedics Privacy Notice, as amended from time to time.
5.6 COZmedics has the sole right to accept or reject any requests for credits of prior eligible purchases at COZmedics.
5.7 Each Member must advise COZmedics of any change of name, address, or other details as soon as practicable after the change. Changes to other details may be made directly any COZmedics clinic or online at my.cozmedics.com.au. Written proof must be supplied for any change of name, and may be required for other changes. COZmedics is not responsible for any failure by a Member to notify COZmedics of any changes in accordance with this clause, or for any incorrect changes notified to COZmedics.
5.8 Members may, at any time, cancel their Membership by providing written notice to COZmedics. Note: Due to administrative constraints, upon receipt of a written notice under clause 5.8, COZmedics will cancel the relevant Membership and all accumulated Points in that Member's account will immediately expire. Accordingly, COZmedics recommends that Members carefully plan all cancellations to avoid unintentional loss of accumulated Points.
6.1 Members must not:
6.2 Each Member is responsible for ensuring that they have sufficient Discount to redeem for eligible purchase that they request.
6.3 Each Member is responsible for regularly checking their Membership account and must:
6.4 Reward Points and your rights under these Terms and Conditions cannot be sold, transferred or assigned to another individual.
7.1 If a Member has committed a material breach of any of the Terms and Conditions whether intentionally or otherwise, then COZmedics may do any one or more of the following:
7.2 If COZmedics intends to take action under clause 7.2, it will notify the Member of its intention and the reason for that action. The Member will then have 21 days to respond to this notice by rectifying the breach (where possible) and providing any reason why COZmedics should not take action (provided that COZmedics may suspend the Member's account until any review is completed). COZmedics will review the response and advise the Member of its position.
7.3 Membership will terminate automatically on the death of a Member. Points earned but not yet redeemed prior to the death of the Member will be cancelled. COZmedics will close the Member's account on notification of the Member's death. COZmedics will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.
8.1 You can see the balance & transactions related to your myCOZmedics Rewards Account free of charge at any time by visiting my.cozmedics.com.au or via the myCOZmedics iPhone App.
8.2 COZmedics from time to time send members an account update detailing there membership acitivty
8.3 Members may request statements in hard copy form from COZmedics. A Request Fee may be charged when a Member requests an activity statement to be sent in paper form.
9.1 You may earn Standard Reward Points on each Eligible Purchase except when indicated and Promotional Reward Points as a result of promotional or incentive programs offered by COZmedics from time to time.
9.2 Reward Points accrue after each Eligible Purchase and are issued to your myCOZmedics Rewards Program account.
9.3 Reward Points are not property and have no cash or monetary value.
9.4 COZmedics will deduct from your myCOZmedics Rewards Program account any Reward Points that have been credited to your myCOZmedics Rewards Program Account in error and any Reward Points that relate to an Eligible Transaction which has been cancelled, reversed, or relates to a refund given.
9.5 Reward Points may be deducted if COZmedics reasonably believes that the Reward Points were earned:
9.6 Reward Points can only be earned by individual Members for their own personal purchases. Reward Points cannot be earned on commercial business purchases.
9.7 Transactions involving a discounted item may or may not attract standard reward points depending on the design made by the practitioner. If standard reward points are issued - points will be credited on the purchase amount less discount amount.
9.8 When crediting reward points for standard and promotional purchases the points amount is calculated from the purchase amount rounded down to the nearest whole dollar.
10.1 Except as otherwise provided in these Terms and Conditions, Points will not expire as long as the Member remains an Active Member.
10.2 All Points held in a myCOZmedics Reward Program account of a non-Active Member will expire at midnight Brisbane, Australia time at the end of the 18th consecutive month for which the Member has not earned Points or redeemed Points. Within 60 days of the Points expiration date, COZmedics will notify Members of the number of Points that are about to expire and the expiration date.
10.3 Points cannot be re-credited once they have expired.
10.4 COZmedics reserves the right to reverse or cancel any Points or Discount credited to a Member incorrectly, or not in accordance with, or in breach of, the Terms and Conditions at any time.
11.1 Accrued Reward Points are converted into a Reward Discount. Available Reward Discounts are updated after reward points are accrued, cancelled or refunded.
11.2 There is no direct relationship between the amount spent and the converted discount.
11.3 The Rewards Discount can be used to either pay for in full or offset the payment required for any eligible purchases
11.4 Reward Discounts are not property and cannot be converted to or exchanges for cash.
11.5 Reward Discounts cannot be transferred.
11.6 COZmedics may make (or may arrange for affiliates to make) other Awards available for redemption through myCOZmedics Rewards Program for a specified period. Details and any additional terms and conditions applicable to those other Awards will be provided by the applicable Award supplier.
12.1 COZmedics acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers, services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 12.3 is not intended to exclude or restrict the application of such laws.
12.2 Subject to clause 12.1, COZmedics and any of their employees are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions, including, without limitation, any changes to the Terms and Conditions, save to the extent that such loss or claim arises from the negligence or wilful misconduct of COZmedics, or any of their employees.
13.1 Governing Law: The Terms and Conditions and membership in myCOZmedics Rewards Program are governed by and will be construed in accordance with the laws of the State of Queensland, Australia irrespective of where the application for Membership has been completed by the Member or submitted to COZmedics. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of Queensland.
13.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Trade Practices Act (1974) and under State and Territory consumer protection legislation.
13.3 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.