TERMS AND CONDITIONS

FMP Rewards Program – Terms and Conditions

1. Rewards program
1.1 These Terms and Conditions (Terms) set out how FMP Group (Australia) Pty Ltd (FMP) operates its rewards program (Program).
1.2 A person may only participate in the Program if they:
(a) meet the eligibility criteria set out in clause 2;
(b) sign up for membership to FMP in accordance with clause 2.2; and
(c) that application for membership has been approved by FMP,
(Member).
1.3 FMP makes the Program available at its discretion. FMP may modify, suspend or close the Program at any time in accordance with clause 9.
2. Application and eligibility for membership
2.1 To participate in the Program, Members must hold an account. Accounts are provided by FMP upon signup, and FMP may reject or accept any account application at its discretion.
2.2 Account applications must be submitted to FMP electronically, via the Bendix Rewards website (www.bendixrewards.com.au) (Bendix Rewards Website).
2.3 To be eligible for an account, a person must:
(a) be an Australian business with a current, valid ABN; and
(b) have a current Australian street address.
2.4 A person is not eligible to hold an account if they are:
(a) a natural person;
(b) owned by or associated with an employee of FMP;
(c) owned by or associated with a relative of an employee of FMP;
(d) a direct customer of FMP or a reseller of FMP products; or
(e) owned by or associated with a relative of a direct customer of FMP or a reseller of FMP products.
(f) a corporate owned workshop.
2.5 An account application must include the name and contact details of the proposed Member's authorised person. The authorised person must:
(a) be 18 years or older; and
(b) be the owner or controller of the proposed Member, or have their consent to apply for membership,
(Authorised Person).
2.6 An ABN may be registered to only one Member's account.
3. Membership / Account
3.1 FMP makes accounts available free of charge.
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3.2 Each Member is allowed to sign up for only one account.
3.3 Upon signing up, both the Member and Authorised Person agree to be bound by the Terms and consent to the collection of their Personal Information.
3.4 A Member must notify FMP, via the Bendix Rewards Website, as soon as practicable, and in any event, within 7 days after any change in the Member's or the Authorised Person's details. A Member may not change or remove the ABN associated with their account.
3.5 It is the Member's responsibility to keep access to its account secure. FMP will not be liable for the unauthorised use of a Member's account or Points.
3.6 A Member may close their account at any time via the Bendix Rewards Website. Upon closure of the account, any Points remaining in the account will expire on the date of closure.
3.7 Accounts are personal to Members, and are not transferable.
4. Member obligations and responsibilities
4.1 In participating in the Program or using their account, a Member must:
(a) not breach the Terms;
(b) not sell or transfer their account, or Points, or purport to do so;
(c) not engage in fraud or illegal activities;
(d) notify FMP as soon as possible in the event of unauthorised use of their account; and
(e) set a password for their account, and keep it confidential.
5. Points
5.1 Members may earn Bendix Rewards Points (Points) by purchasing any FMP product advertised or mentioned on the Bendix Rewards Website as being included in the Program.
5.2 The number of Points to be earned on purchasing a particular eligible FMP product are as specified on the Bendix Rewards Website.
5.3 Points are not available for all FMP products, and may be claimed in respect of purchases of eligible FMP products only.
5.4 To claim Points, Members must scan and submit an invoice, in relation to the purchase of one or more eligible FMP product(s), on the Bendix Rewards Website.
5.5 Points may be claimed only once in relation to each unit of an eligible FMP product. Points may not be claimed from a barcode applied to an eligible FMP product which that Member has not purchased.
5.6 The Point value associated with each eligible FMP product is set by FMP, and may be modified by FMP at its discretion.
5.7 Points claimed in respect of an eligible FMP product which is subsequently returned by a Member will be invalidated.
5.8 FMP has the discretion to amend a Member's Points' balance if FMP reasonably suspects any fraud or theft has occurred in relation to that Member's accrual of Points, or otherwise amend a Member's Points' balance at its discretion, if FMP has reasonable belief or suspicion that a Member has breached the Terms.
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5.9 If FMP reasonably believes or suspects that a Member holds more than one account, FMP may at its discretion invalidate all Points accrued by those additional accounts and terminate all of the Member's additional accounts immediately without notice.
5.10 Points do not give a Member any vested rights.
5.11 Points have no cash value. Points may not be sold, bartered, transferred, traded, or combined with another Member's Points.
5.12 Points will expire 24 months after the date on which they were claimed.
6. Redeeming rewards
6.1 Once a Member has claimed Points, they may be used to redeem rewards only if the Member's Points balance exceeds the Point value FMP has assigned to the reward that the Member requests to redeem.
6.2 Members can only make a request for redemption via the Bendix Rewards Website.
6.3 The number of Points required to redeem a reward is determined by FMP, at its discretion, and may be changed by FMP from time to time without notice.
6.4 FMP does not make any warranty or representation about the underlying value of the rewards.
6.5 If a Member submits a redemption request for a reward which is no longer available, FMP may, acting reasonably, satisfy that Member's request by providing the Member with a comparable reward of a similar type.
6.6 FMP will not be responsible or liable if a reward cannot be redeemed by a Member on the Bendix Rewards Website due to any technical issue, including without limitation, the failure of software or hardware malfunction.
6.7 FMP may dispute the validity of a claim for a reward, or refuse to fulfil a Member's reward claim, if FMP reasonably believes or suspects that the claim is fraudulent.
6.8 Once Points are used to redeem a reward, those Points cannot be reinstated to the Member's account.
6.9 Rewards will only be delivered to the Authorised Person's Australian street address. Rewards will not be delivered to a PO Box address.
7. Rewards
7.1 Program rewards will be selected by FMP and listed on the Bendix Rewards Website.
7.2 The type and value of rewards available in the Program will vary from time to time. FMP makes no warranty about the availability of a specific reward. Members should not rely upon the continuing availability of any particular type or value of reward, or assume that the Points value attributed by FMP to a particular reward will not be modified.
7.3 Rewards are subject to these Terms, including Terms relating to the validity of and expiry of the reward. It is the Authorised Person's responsibility to familiarise themselves with these Terms.
7.4 Rewards are personal to the relevant Member's Authorised Person, and may not be transferred or exchanged for money. Rewards will not be replaced if lost, stolen, damaged, or destroyed.
7.5 Rewards may be subject to personal income or other tax, which will be the entire responsibility of the Member and the Authorised Person. Members and Authorised Persons may wish to consult their tax adviser to ensure that they understand the tax implications, if any, of redeeming rewards through the Program.
8. Revoking Points and closure of accounts for Member breach
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8.1 FMP may, at its discretion, revoke a Member's Points or close a Member's account if FMP, acting reasonably, suspects or believes that the Member has breached the Terms.
9. Suspension or closure of the Program
9.1 FMP makes no warranty as to the continuing availability of the Program. FMP may cancel, suspend or close the Program at its discretion. If FMP does cancel, suspend or close the Program, it will provide Members with 90 days' notice of the cancellation, suspension or closure. Members may redeem rewards during the notice period. Any points not redeemed at the end of the notice period will be forfeited.
10. Personal information
10.1 In the Terms, Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
10.2 Upon submission of an account application, Members agree and consent to FMP's collection, use and disclosure of information (some of which may be Personal Information), including sales data, about the Member and the Authorised Person.
10.3 FMP collects Personal Information to enable FMP to facilitate and enhance the Program, to market its products and the Program to Members, and to generate consumer insights which may be of use to FMP and its partners.
10.4 Personal Information will be collected directly from the Member or the Authorised Person.
10.5 By participating in the Program, the Member and the Authorised Person consent to receiving direct marketing communication from FMP, which may be in the form of in-App notifications, emails, telephone marketing, SMS messages, and other digital messaging, so that FMP may notify the Member and the Authorised Person of news, offers, promotions, and product updates which may be of interest to the Member and the Authorised Person.
10.6 Members may unsubscribe from the direct marketing by logging into their Account and modifying the relevant settings.

10.7 Members and Authorised Persons may request access to their Personal Information held by FMP, by logging into their Account and making the relevant request in the "Members' Area".

10.8 Separately, Members and Authorised Persons may also request an update to, or deletion of their Personal Information held by FMP, in so far as such Personal Information is/would be used for the FMP Marketing Purpose, by logging into their Account and making the relevant request in the "Members' Area".

10.9 Personal Information will be de-identified prior to FMP's disclosure of any information to any third party.

10.10 Members and Authorised Persons seeking more information about how FMP manages Personal Information may access the FMP Privacy Policy available at https://www.bendix.com.au/privacy-policy.


11. Liability
11.1 Certain laws may imply terms, warranties and guarantees into the Terms, the exclusion of which would contravene those laws or render void the clause containing that exclusion. FMP does not intend to exclude, restrict or modify the application of those laws in this clause 11.
11.2 To the extent permitted by law, FMP excludes all liability arising from or in connection with the Terms or the Program. If FMP is not permitted to exclude its liability, then FMP's liability to a Member or an Authorised Person is limited to $100.
12. General
12.1 In these terms, unless the contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) '$' means Australian dollars; and
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(c) a reference to 'include' or 'including' means 'including but not limited to'.
12.2 The Terms are governed by the laws of Victoria, Australia. FMP, the Member, and the Authorised Person submit to the non-exclusive jurisdiction of the Courts of that State.
12.3 If part or all of a clause of the Terms is illegal, void or unenforceable, then it will be severed from and does not affect the validity of the rest of the Terms.
12.4 FMP may update or modify the Terms at any time at its discretion. Updated or modified terms will be published on the FMP's website: www.bendix.com.au. If any update or modification to the Terms is likely (in FMP's reasonable opinion) to materially affect a Member's or Authorised Person's rights, FMP will provide them with prior notice of the update or modification.