BOWERBIRD Club Rewards: Terms & Conditions
TERMS & CONDITIONS
The following terms and conditions are between Bowerbird Interior Styling Group Pty Ltd (Bowerbird) and any person that agrees to become a member (Member) of the Bowerbird Club Rewards Program (Program).
1.1. The Terms and Conditions form the basis of the Program. It is the responsibility of the Member to read and understand the Terms and Conditions and keep themselves updated with any changes or amendments thereto. Members may access a copy of the current Terms and Conditions on Bowerbird’s website.
1.2. Every Member is bound by the Terms and Conditions.
Within the Terms and Conditions, unless otherwise stated:
2.1. Benefits refer to any of the rewards offered to Members by Bowerbird under the Program;
2.2. eCard means digital greeting cards, store digital gift cards, codes and/or vouchers (collectively, “eCard”) issued by Prezzee Pty Ltd ABN 16602963422 (Prezzee) in relation to which Prezzee is a service that enables access to their websites, mobile applications (“App”) and other products and services where a user can create and send customised digital greeting cards (eGreetings) and buy, send, redeem, manage and store digital gift cards, codes and/or vouchers (collectively, “Gift Cards”) and receive other services from Prezzee.
2.3. Rewards Schedule means Schedule 1 to the Terms and Conditions;
2.4. Terms and Conditions refer to these Program terms and conditions, the current version of which is set out in this document but is changed or amended by Bowerbird from time to time and updated on Bowerbird’s website; and
2.5. the singular includes the plural and vice versa.
- Changes to Bowerbird Club Rewards
3.1. Bowerbird reserves the right to, at any time and for any reason:
- 3.1.1. terminate or suspend the Program; and
- 3.1.2. make any change and/or amend, the Program (including the name of the Program), the Terms and Conditions, the Rewards Schedule and any table therein, Benefits offered as part of the Program including removing the eCard.
3.2. Bowerbird may terminate or suspend or make such changes, and/or amendments even though this may affect, without limitation, the value of the reward structure and/or the value of the Benefits already accumulated. Each Member hereby releases Bowerbird from all and any claims in connection with any such termination, suspension, changes and amendments.
4.1. Membership of the Program is open to individual licensed real estate agents only (that is licensed real estate agents who are natural persons only) who are invited by Bowerbird to join the Program. Corporations and other entities may not enrol in the Program. Membership in joint or multiple names is not permitted.
4.2. Members must be residents in Australia and at least 18 years old.
4.3. Members must have obtained the prior consent and approval of their employers to participate in the Program. A Member may not participate in the Program if doing so would violate any of the Member’s employer’s policies or requirements.
4.4. Potential Members will be invited by Bowerbird to join the Program by Bowerbird sending them an eCard that is not yet activated. Bowerbird may decline to invite any person to be a Member for any reason.
4.5. Potential Members wishing to become Members must:
- 4.5.1. activate their eCard via the Prezzee website, to which the Potential Member will be directed via a rewards URL included in the potential member’s rewards summary, sent from Bowerbird via email.
4.6. By activating their eCard at Prezze’s website, each Member is bound by, has accepted and agreed to:
- 4.6.1. the Terms and Conditions;
- 4.6.2. Prezzee’s terms and conditions found at Prezzee’s website at which the eCard may be activated; and
- 4.6.3. Prezzee’s terms and conditions for the eCard.
4.7. Each Member accepts and agrees that:
- 4.7.1. the eCard is issued by Prezzee and not by Bowerbird;
- 4.7.2. Prezzee deals with any funds loaded onto the eCard
- 4.7.3. Bowerbird’s arrangements are only with Prezzee and is not the eCard issuer nor does Bowerbird provide any advice or services in relation to the eCard. Rather Bowerbird’s only role is to pay Prezzee to arrange to have funds loaded onto the eCard that the Members may become entitled to as Benefits under the Program.
4.8. Membership in the Program is non-transferable.
4.9. To earn and receive rewards in the Program, Members must be enrolled in the Program and be in good standing (as determined by Bowerbird).
4.10. When a Member’s eCard passes its expiry date, the Member will no longer be entitled to the funds intended for redemption on said eCard.
4.11. It is the Member’s responsibility to ensure the eCard and personal details and security information are kept safe and secure.
4.12. Members are responsible for promptly advising Bowerbird of any changes to their personal details.
4.13. Members are entitled to cancel their membership at any time. Cancellation of membership will terminate future eligibility to earn Benefits.
4.14. Bowerbird may, at its discretion, cancel a Member’s membership of the Program and a Member’s eCard, without notice to the Member: if a Member does not refer a customer to Bowerbird for property styling hire and installation services in any twelve (12) month period, misrepresentation, improper or fraudulent use of the eCard, noncompliance with or breach of the Terms and Conditions, the Program rules or any other aspect of the Program, abuse of the Program privileges, loss or theft of the eCard, the ending (for any reason) of the Member’s employment with the employer of the Member was employed when the eCard was issued to them, the Member ceasing to hold a current real estate license, at the request of Prezzee, noncompliance with or breach of Prezzee’s terms and conditions relating to the eCard, or on account of any conduct by the member which may (in Bowerbird’s opinion) be detrimental to the interests of Bowerbird. Upon cancellation, at the discretion of Bowerbird, any remaining Benefits balance may be forfeited along with any funds on the eCard.
4.15. Membership and participation in the Program and the issue and use of the eCard is subject to any terms and conditions, rules, regulations, policies and procedures that Prezzee may, at their discretion, adopt from time to time.
- Use of eCard
5.1. The eCard is valid for use only by the Member and may only be used before the expiry date.
5.2. Expiry date of an eCard is 6 months from the issue date of the eCard
5.3. The eCard is to be treated as if it were cash. If a Member’s eCard is lost, stolen or damaged, the Member must contact Bowerbird at firstname.lastname@example.org or phone 02 9531 2233 so that the eCard can be reissued or disabled.
5.4. An eCard may be used anywhere the eCards are accepted. At the time of a purchase being made with an eCard, a Member should know their eCard balance. Members may obtain their current balance 24 hours a day, 7 days a week by checking their balance online via the link found on the Program’s website www.prezzee.com.au
5.5. Bowerbird will not be responsible for any unauthorized transactions on the eCard.
5.6. If a Member’s eCard is lost, stolen or damaged, the Member may be required to pay a fee to replace the eCard.
- Earning Benefits & Membership
6.1. Members will earn Benefits as outlined in the Rewards Schedule.
6.2. Benefits will be calculated monthly and redeemed as amounts and loaded onto eCards.
6.3. In the event a Member disagrees with the Benefit earned for a calendar month (as calculated by Bowerbird) or the amount Bowerbird has arranged to be placed onto an eCard to redeem such Benefit earned (as calculated by Bowerbird), the Member must, within 7 days of the earlier of the date the Member is notified of the Benefit earned for that calendar month and the date Bowerbird arranges for an amount to be placed onto an eCard to redeem a Benefit earned, report such disagreement to Bowerbird at email@example.com
6.4. In the case of any dispute regarding Benefits earned, the amount to be placed onto an eCard to redeem a Benefit earned or any other aspect of the Program, Bowerbird will make the final decision and such decision is final and is not appealable.
- Personal Information
- Warnings and Liability
8.1. Participating in the Program, being issued an eCard and/or the earning of Benefits or funds being placed on an eCard may, among other things:
- 8.1.1. be assessable income of the Member or other recipient; or
- 8.1.2. make the Member or other recipient liable to pay or remit as goods and services tax or other value-added tax, and independent taxation and accounting advice should be obtained in this regard by the Member and any other recipient.
8.2. Any Benefits earned or funds placed on to the eCards are not increased or grossed up to account for any goods and services tax or other value-added tax payable or remittable by the Member or other recipient.
8.3. The Member may be required by law or otherwise to disclose their participation in the Program and the issue of eCards and amounts being placed thereon, the earning of Benefits to third parties such as to the Member’s or their employer’s customers and/or clients. It is the obligation of the Member (and not Bowerbird) to satisfy these requirements.
8.4. By joining the Program and/or activating their eCard, each Member hereby agrees to release and hold harmless Bowerbird, and its officers, agents and professional advisors, successors and assigns, past or present, from any claim, demand or action that may arise out of or in connection with their involvement and/or participation in the Program and acceptance or use of the eCard or from any defect or malfunction of any item purchased with the eCard.
8.5. Each Member hereby indemnifies Bowerbird and each of its officers, agents and professional advisors, successors and assigns from any claims by third parties relating to the Program and the eCard.
- Assignment or Novation
9.1. Bowerbird may transfer all or any part of its rights, interests, obligations or liabilities in the Program, the Terms and Conditions and/or any arrangement between Bowerbird and its Members by assignment or novation, without consent of Members. Each Member hereby consents to such novation or assignment and hereby waives any requirement for prior notice to them of such novation or assignment.
The Benefits a Member earns in a calendar month are calculated as a percentage of the initial hire period charges that Bowerbird charges to customers (Customer Spend), in that calendar month, that was a Referred Install by that Member.
A Member does not earn Benefits in connection with:
- any hire or styling charges that relate to the period after the initial hire period charged to the customer by Bowerbird (or a related entity thereof);
- furniture purchases from Bowerbird (or a related entity thereof);
- charges for any other services provided by Bowerbird (or a related entity thereof);
- any customer referred to Bowerbird (or related entity thereof) that uses Bowerbird’s services (or a related entity of Bowerbird’s services) for a property other than the property for which the Member first referred the customer to Bowerbird to have the property styled;
- any hire or styling charges charged to a customer by Bowerbird (or related entity thereof) that relate to a property other than the property for which the Member first referred the customer to Bowerbird;
- any second or subsequent referrals of the same customer by the Member – this includes, among other things, even if the referral relates to a different property than the property in relation to which the original referral was made by the Member
Where 2 or more Members claim they referred a customer to Bowerbird, then Bowerbird, in its sole and absolute direction, may decide which Member made the referral. Bowerbird’s decision in this regard is final and is not appealable.