1.0 DOWNUNDER DRIVE REWARDS TERMS AND CONDITIONS

1.1 These Terms and Conditions govern the rewards program known as Downunder Drive Rewards. It is every Member’s responsibility to read and understand them.

1.2 These Terms and Conditions are effective as at the date specified above and may be amended by Timevale Pty Ltd (“Timevale”), from time to time in accordance with clause

1.3 Any amendments to the Terms and Conditions will be available on the Website and take effect immediately at the time they appear on the Website.

2.0 DEFINITIONS

In these Terms and Conditions unless the context otherwise requires:

‘Staff Member‘ means an employee, agent or contractor of Timevale.

‘Australian Consumer Law’ has the meaning given in the Competition and Consumer Act 2010 (Cth);

‘Benefits’ means any discounts, bonuses, prize draws or other arrangements offered or available to a Member as a result of Membership, including earning and redeeming Drive Points;

‘Member’ means a person who is a member of Downunder Drive Rewards;

‘Membership’ means membership of Downunder Drive Rewards;

‘Rewards Points’ means the points awarded to Members in Downunder Drive Rewards pursuant to these Terms and Conditions;

‘Downunder Drive Rewards’ means the Membership program in relation to the Banana Bender Pub, Aussie World, Cellarbrations Store and Artisun Shop (“the Venue”) in accordance with these Terms and Conditions;

‘Personal Information’ means any information or opinion (irrespective of the medium in which this is stored or kept) about Members, whether true or not, from which the identity of Members can be reasonably ascertained including without limitation:

1. a) details in relation to your patronage of the Venue;
2. b) details in relation to Points that you have accrued;
3. c) details in relation to requests you have made for Rewards (and the outcome of those requests); and
4. d) your personal details such as name, address, phone number, email address, date of birth and any other information provided in your Membership application form;

 ‘Promotional Offers’ means the ad hoc or targeted promotional offers to Members or groups of Members that may change from time to time;

 ‘Rewards’ means items, Venue Vouchers, Gift Cards, Third Party Offers, goods or services described as rewards on the Venue website from time to time that are available to a Member as a result of achieving certain criteria;

‘Terms and Conditions’ means these terms and conditions as amended from time to time;

‘Venue Voucher’ means a voucher issued to a Member as a Reward pursuant to these Terms and Conditions, which may be used for payment, towards food and beverages offered by the Venue, up to the dollar value shown on the voucher;

‘Venue Point of Sale’ means Front Counters of Banana Bender Pub, Aussie World, Cellarbrations Store and Artisun Shop;

 ‘Website’ means thebananabenderpub.com.au, aussieworld.com.au, artisun.com.au, downunderdrive.com.au

3.0 MEMBERSHIP

3.1 Membership is only available to Australian residents who are aged 18 years or over. Membership is only open to individuals and not corporations or other entities. Employees of Timevale may become Members or continue Membership if permitted by and in accordance with the applicable policy from time to time.

3.2 A person may apply to become a Member by completing a Downunder Rewards Membership application form (via the Downunder Drive app). By signing or electronically submitting Downunder Drive Rewards Membership application form that each Member acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.

3.3 A person’s Membership becomes effective from the time a Downunder Drive Rewards application has been issued at which time the Member offer constituted by the application shall be deemed accepted by Timevale and the Member will thereby, without more, be bound by these Terms and Conditions.

3.4 A person who has applied to become a Member under clause 3.2 (via the app) will not be entitled to a Downunder Drive Rewards account until that person presents an acceptable form of original identification to a member of staff at one of the Venue Point of Sale.  Acceptable forms of identification are detailed in clause 3.5.

3.5 Acceptable forms of identification include a current driver’s licence or learner permit, current passport, proof-of-age card if such documents contain a photo of the person to whom it is issued and indicate by reference to the person’s date of birth or otherwise that the person has attained the age of 18.

3.6 Membership is granted and maintained at the discretion of Timevale.

3.7 Timevale may exclude or suspend any person from participation in Downunder Drive Rewards.

3.8 Members that are excluded or self-excluded from the Banana Bender Pub and Aussie World Cellarbrations Store may have their Membership suspended or terminated.

4.0 CHANGES TO downunder drive REWARDS

4.1 Timevale may make any changes to Downunder Drive Rewards from time to time, including without limitation, the Terms and Conditions and associated Benefits or Rewards by publishing those changes on the Website. Any such changes will not be effective until the expiry of at least 30 days after the date they are first published on the Website.

4.2 Timevale may, at any time, cancel Downunder Drive Rewards in whole or in part or suspend it for any reason by giving notice of the cancellation or suspension on the Website. Any such cancellation or suspension will not be effective until the expiry of at least 90 days after the date on which the notice is first published on the Website. Upon cancellation, any Rewards Points which have not been redeemed will immediately and automatically be deemed surrendered by the Member and cancelled.

4.3 If Timevale:

(a) makes a change to Downunder Rewards pursuant to clause 4.1 that is likely to have a materially detrimental effect on Members; or

(b) cancels or suspends Downunder Drive Rewards pursuant to clause 4.2,

Timevale will notify affected Members via email or text message

5.0 The DOWNUNDER DRIVE APP

5.1 A person is only entitled to one Membership number and is permitted only one in-app barcode displaying that number.

5.2 Without prejudice to clause 3.3, each use of a Member’s in-app barcode is deemed acceptance of these Terms and Conditions.

5.3 It is the sole responsibility of the Member to protect their Downunder Drive Rewards account and take precautions against loss or unauthorised use.

5.4 An app barcode issued to a Member may only be used by that Member for the purposes of their Membership.  The Member must not give their in-app barcode to another person or Member for any purpose whatsoever.

5.5 A Timevale staff member may require a person to produce identification satisfactory to that staff member for the purposes of verifying that Downunder Drive in app barcode is being used by the relevant person to whom it was issued, and such person must immediately comply with such request.

5.5 Members must notify Timevale as soon as is reasonably practical, through the Venue Point of Sale, of any loss or failure of their Downunder Drive account.

6.0 DOWNUNDER DRIVE POINTS AND BENEFITS

6.1 A Member may only earn Downunder Drive Points and take advantage of Benefits as set out in the table below and as varied and/or replaced from time to time by Timevale as detailed on the Websites.

Points earned in the Banana Bender Pub, Aussie World and Artisun shop

*Spend is required in a single transaction to qualify for a point. Excludes spend at outlets operated by third parties and spend on TAB, Keno and Gaming.

*Points can be earned at Cellarbrations Store. However, the Points can only be redeemed at Banana Bender Pub, Aussie World and Artisun Shop.

6.2 Timevale may place a cap on the Point earning capacity of an individual Member.

6.3 Downunder Drive Points and Benefits cannot be transferred to another Member and can only be used by the Member whose name appears on the in-app barcode.

6.4 Benefits are offered subject to availability.  Timevale shall not be responsible for the unavailability or withdrawal of any particular Benefit.  Timevale may limit the goods and services on which Downunder Drive Points may be earned and Benefits applied.

6.5 Particular Benefits (such as once-off Member prizes, discounts, birthday venue vouchers or other Benefits that result from a Promotional Offer as set out in clause 8) may be accompanied by and subject to terms and conditions in addition to these Terms and Conditions.

6.6 Benefits cannot be used in conjunction with any other promotional offer or discount, unless otherwise specified in the terms and conditions of a particular offer or promotional event.

6.7 In order to earn Downunder drive Points or Benefits, it is the Member’s responsibility to ensure that their app barcode has been presented at the time of the transaction.

6.8 It is the Member’s responsibility to check at the time of the transaction that Downunder Drive Points have been correctly allocated to their Downunder Drive Rewards app and immediately notify the Venue  of any discrepancies.

6.9 Timevale may adjust the Member’s Downunder Drive Points or Benefits.

6.10 Downunder Drive Points will expire 12 months from the date of earning those Points, if not redeemed sooner.  When redeeming Downunder Drive Points, the oldest Points will be deducted first.

6.11 Downunder Drive Points and Benefits cannot be re-credited once they have expired.

6.12 Timevale may reverse or cancel any Downunder Drive Points credited to a Member incorrectly or not in accordance with the Terms and Conditions.

6.13 Timevale exclude and limit liability in relation to Downunder Points and Benefits pursuant to the terms of clause 14.

7.0 REWARDS

7.1 Members may exchange Downunder Drive Points for Rewards as set out in the table below and as varied and/or replaced from time to time by Timevale as detailed on the Websites.

Downunder Drive Points redeemed at the Venue

*Points CANNOT be redeemed at Cellarbrations Store.

7.2 Rewards are offered subject to change and availability.  Timevale shall not be responsible for the unavailability or withdrawal without notice of any particular Rewards and may accept or reject any request to receive a Reward.

7.3 In exchanging Downunder Drive Points for Rewards, the Members must present their in-app barcode to the Venue Point of Sale and comply with any validation and identification tests required by Timevale Staff Members, including, without limitation providing their name, address, date-of-birth and/or PIN.

7.4 A Member’s Points may not be combined with any other Member’s Points to claim Rewards.

7.5 Once issued, Rewards cannot be refunded, returned or exchanged for cash or replaced if lost or stolen. No change can be given on the unused portion of a Rewards.

7.6 Particular Rewards, such as those which result from Promotional Offers described in clause 8, may be accompanied by and subject to terms and conditions in addition to these Terms and Conditions.

7.7 Timevale exclude and limit liability in relation to Rewards pursuant to the terms of clause 14.

8.0 PROMOTIONAL OFFERS

8.1 Timevale may, from time to time, make Promotional Offers to individual Members or groups of Members and to the exclusion of other Members.  Promotional Offers may include Benefits, Drive Points and Rewards subject to the terms and conditions of the Promotional Offers.

8.2 The types of Promotional Offers Timevale may make from time to time include, without limitation, offers for discounted food and beverage, venue vouchers and/or bonus Drive Points in exchange for the Member using their in app barcode in a certain way or entering into promotional activities such as trade promotions and bonus points games or draws.

8.3 Timevale exclude and limit liability in relation to Promotional Offers pursuant to the terms of clause 14.9.

9.0 THIRD PARTY OFFERS

9.1 Timevale may notify Members of Third Party Offers from time to time. Even though Timevale may provide a Member with the notification of the Third Party Offer, Members acknowledge and agree that Third Party Offers are not provided by Timevale , but by the relevant third parties.

9.2 Third Party Offers may be subject to terms and conditions of the third party supplier and may be withdrawn at any time without notice or giving reasons.

9.3 Timevale exclude and limit liability in relation to Third Party Offers pursuant to the terms of clause 14.

10.0 PERSONAL IDENTIFICATION NUMBER (PIN)

10.1 Timevale may request a Member to select a PIN in a format required by the Venue.

10.2 Members must not disclose their PIN to another person or Member.

10.3 Timevale will not be liable for any unauthorised use of Benefits or Rewards as a result of a mobile phone being lost or stolen or if a PIN has become known to another person.

11.0 OPT-OUT/SURRENDER/ SUSPENSION / TERMINATION OF MEMBERSHIP

11.1 If the Member wishes to surrender their Membership they may do so at any time.

11.2 Timevale may suspend or terminate a Member’s Membership, where it has determined that a Member has failed to comply with these Terms and Conditions, has engaged in dishonest or fraudulent activity, has been intimidating or disruptive to patrons or staff, is suffering mental incapacity, is causing or is likely to cause reputational damage to Timevale or where required to do so by law.

11.3 Membership will terminate upon the death of the Member.

11.4 Unless Timevale determines otherwise, if a Member’s Membership has been suspended, that Member will not be entitled to participate in Downunder Drive Rewards, earn any Points, take advantage of Benefits, or claim any Rewards pending further notice from Timevale.

11.5 Unless Timevale determines otherwise, upon termination of a Member’s Membership, any Points that have been accumulated by the Member will immediately and automatically be deemed surrendered by the Member and cancelled.

11.6 For the avoidance of doubt, if a Member’s Membership is terminated or suspended by reason of the Member becoming self-excluded pursuant to clause 3.9, Timevale will afford the Member a reasonable opportunity to redeem their points at the Banana Bender Pub (other than in the gaming room or area).

13.0 PRIVACY

13.1 By becoming a Member, Members agree that Timevale may collect, use and disclose Members’ Personal Information in accordance with the Privacy Policy at www.thebananabenderpub.com.au/privacy. It is each Member’s responsibility to read the Privacy Policy. If persons do not provide all or some of the Personal Information that is requested, Timevale may refuse Membership.

13.2 To contact Timevale in relation to privacy issues please contact Timevale at 1 Downunder Drive, Palmview, QLD, 4553. Timevale may use Personal Information collected about each Member for the purposes set out in the Privacy Policy at www.thebananabenderpub.com.au/privacy.

13.3 Timevale may disclose Personal Information collected about Members:

13.3.1 as permitted or required by law or administrative requirement of any government, regulatory or judicial agency or stock exchange;

13.3.2 to program partners for the purposes referred to in the Privacy Policy at www.thebananabenderpub.com.au/privacy or

13.3.3 to its third party service providers, contractors, agents and advisors, for the purposes referred to in the Privacy Policy at www.thebananabenderpub.com.au/privacy.

13.4 Generally, Timevale uses systems located within Australia. However, from time to time we may send your information overseas to service or product providers or other third parties who operate or hold data outside Australia or its external territories. Where we do this we take reasonable steps to ensure that appropriate data handling and security arrangements are in place.

13.5 Members expressly consent to receiving marketing and promotional material from Timevale, program partners or any existing or prospective venues in relation to Downunder Drive Rewards. Members may opt-out of receiving such material by following the process advised to them in that material.

13.6 Members expressly consent to the receipt of marketing and promotional material from Timevale, program partners or any existing or prospective Participating Venue by post, SMS, MMS, email or any other electronic form. Timevale and its Participating Venues will comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and any other applicable legislation in relation to the sending and their receipt of electronic commercial messages.  Members who receive direct marketing communications are entitled to opt-out of receiving any further direct marketing communications from Timevale program partners or any existing or prospective Participating Venue by following the simple, free and clear opt-out procedures outlined in the relevant direct marketing communication.

13.7 Timevale’s Privacy Policy contains information about how Members can complain about a breach of the Australian Privacy Principles and how Timevale deals with such complaints.

14.0 LIMITATION OF LIABILITY

14.1 To the extent that Downunder Drive Rewards and/or anything received by a Member pursuant to these Terms and Conditions constitutes a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, Timevale do not exclude, restrict or modify any non-excludable obligations, terms, conditions, guarantees or warranties. In all other respects and to the extent permitted by law:

(a) Timevale exclude all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including, without limitation, loss of opportunity, loss of profits or any other monetary loss or damage) whether direct, indirect, special or consequential, arising in any way, whether directly or indirectly, out of Downunder Drive Rewards;
(b) Timevale exclude all express and implied warranties relating in any way, whether directly or indirectly, to Downunder Drive Rewards; and
(c) Timevale limit liability to allocating to the relevant Member’s in app barcode the number of Points and/or Benefits which Timevale considers appropriate in connection with the circumstances in which the relevant claim arose.

15.0 GENERAL

15.1 Unless otherwise specified where Timevale or an Timevale Staff Member exercises a right or discretion under these Terms and Conditions, it does so in its absolute discretion and without giving notice or reason.

15.2 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

15.3 Timevale’s decisions in respect of Downunder Drive Rewards are final and binding.

15.4 Any tax liabilities and other duties arising from the accumulation and redemption of Downunder Drive Points, and the receipt of any Benefits and/or Rewards are and remain the sole responsibility of the Member.