1. In these Terms and Conditions: “Crowies Club” means membership 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 Crowies Club program operated pursuant to these Terms and Conditions by Crowies Paints; “Crowies Paints” is Crowies Paints, 343 Unley Road, Malvern South Australia 5061 phone 08 8373 0033.
2. By joining the Crowies Club, 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 Crowies Paints, this may be by verbal agreement in store at any CROWIES PAINTS location. Crowies Paints may refuse any application in their absolute discretion.
4. Membership entitles the Member to communication, information in relation to the program, and promotional offers on participating products at participating CROWIES PAINTS stores. Notwithstanding the forgoing, nothing shall prevent Crowies Paints offering promotional offers to individuals who are not Members.
5. All promotional offers at participating Crowies Paints stores offered to Members will only be offered in accordance with the terms and conditions for those promotional offers.
6. Promotional offers at the stores may change from day to day and it’s the Member’s sole responsibility to check whether a promotional offer is available on a participating product. CROWIES PAINTS in its sole discretion will determine what promotional offers are offered to Members and makes no guarantee as to the availability of any promotional offers.
7. The Member hereby irrevocably holds harmless CROWIES PAINTS, 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 CROWIES PAINTS, its related bodies corporate, employees, directors, suppliers and agencies, and shall indemnify and release CROWIES PAINTS, 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.
8. To the extent permitted by law, CROWIES PAINTS 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.
9. The Member acknowledges and agrees that all decisions pertaining to this Program rests solely with CROWIES PAINTS and its decision is final.
10. Without in any way limiting the operation of, and in accordance with Clause 9, CROWIES PAINTS 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.
11. CROWIES PAINTS gives no warranty as to the continuing availability of the Program. CROWIES PAINTS 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).
12. Without limiting Clauses 10 and 11 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if CROWIES PAINTS notifies 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 CROWIES PAINTS website.
13. Without in any way limiting the rights of CROWIES PAINTS as set out in Clause 11 and 12, if a Member is in breach of these Terms and Conditions, at any time, then CROWIES PAINTS 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 benefits.
14. To the extent permitted by law, CROWIES PAINTS, 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 10, 11 or 13 or arising from the Program.
15. Privacy: CROWIES PAINTS, 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 CROWIES PAINTS 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 CROWIES PAINTS, 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 defined in the Spam Act 2003). A request by the Member to access, update or correct any information should be directed to Crowies Paints, 343 Unley Road, Malvern, SA 5061, phone 08 8373 0033 or email [email protected].
16. 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 South Australia, 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 CROWIES PAINTS, must be instituted and carried on only in the appropriate Court or tribunal of South Australia.
17. 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).