Connections Terms & Conditions

Connections with Are Media Terms

1                    Definitions

In these terms, words defined in the Are Media Newsagency Agreement have the meaning given to them in that agreement and the following words have the following meanings unless the context indicates otherwise:

Are means Are Media Pty Limited ABN 18 053 273 546;

Are Media Newsagency Agreement means a written agreement between a person and Are for the supply of Are Magazines to that person;

Are Magazines means magazines, periodicals and other publications published by Are;

Emerald Club means the trade development program offered by Are Media to a limited number of Members called the "Emerald Club";

Emerald Club Member means a Member who has been accepted by Are Media for membership of the Emerald Club (and Emerald Club Membership has a corresponding meaning);

Member means a member of the Program (and Membership has a corresponding meaning) and includes an Emerald Club Member;

Program means the trade development program offered by Are Media called "Connections with Are Media" and includes the Emerald Club;

Reward means goods and services described in the Rewards Catalogue or otherwise offered by Are Media in relation to the Program;

Rewards Catalogue means any catalogue issued by Are Media describing, among other things, the rates at which Rewards Points may be accumulated, Rewards available and the number of Rewards Points required to be redeemed for a Member to claim a Reward;

Rewards Points means points that accumulate for the sale of Are media  Magazines and that can be redeemed for Rewards; and

Website means the website at www.aremediaconnections.com.au.

2                    Membership

(a)                To be eligible to become and remain a Member, a person must:

(i)                  operate a retail premises as a newsagency (delivery Agents exempt);

(ii)                 be party to and comply with the terms of a Are Media Newsagency Agreement and comply with these terms;

(iii)               operate one of the top 1000 newsagency accounts in Australia as determined by Are Media at its discretion based on retail sales (or otherwise be accepted for eligibility by Are Media at its discretion);

(iv)               receive and accept an invitation for membership to the Program or apply to join, by properly completing the Program's on-line application form (available at the Website), and be accepted for Membership; and

(v)                 have an active, permanent email address so as to receive the Program's weekly e-newsletter and additional ad-hoc communication.

(b)                To be eligible to become and remain an Emerald Club Member, a person must:

(i)                  satisfy the criteria in paragraph 2(a);

(ii)                 hold an active account with XchangeIT allowing for electronic exchange of delivery and sale information relating to Are Media Magazines; and

(iii)               be one of the top 200 newsagency accounts in Australia as determined by Are Media at its discretion based on retail sales (or otherwise be accepted for eligibility by Are Media at its discretion).

(c)                 Membership applications will be considered by Are Media. Are Media may accept or reject an application to be a Member at Are Media's discretion. Are Media may review Membership eligibility from time to time.

(d)                A Member must promptly notify Are Media in writing of any change to information provided by it in an application for Membership.

(e)                The Member agrees, as a condition of Membership, to receiving the Program's weekly e-newsletter and additional ad hoc communications by email. A request to cease receiving such e-mail communication (including by unsubscribing) constitutes a Membership cancellation request.

(f)                  Membership is not transferable.

3                    Termination

(a)                Are Media may suspend or terminate all or any part of the Program by giving notice to Members.

(b)                A Member may cancel its Membership by giving notice in writing to Are Media (including by email to connections@aremedia.com.au)

(c)                 Membership will terminate if a Member that is a natural person dies or commits an act of bankruptcy or a Member that is another legal entity is dissolved or resolves to be wound up or a Member ceases to be a party to a Are Media Newsagency Agreement (for example, on transfer of a newsagency) or otherwise ceases to comply with the requirements in paragraph 2(a).

(d)                Emerald Club Membership will terminate if an Emerald Club Member ceases to comply with the requirements in paragraph 2(b).

(e)                All Rewards Points accumulated but not redeemed for Rewards are immediately cancelled upon a person ceasing to be a Member.

(f)                  Are Media may suspend, cancel or terminate a Membership, suspend accumulation of Rewards Points or cancel all or any of a Member's accumulated Rewards Points if, in Are Media's opinion, the Member no longer complies with the requirements in paragraph 2(a).

4                    Rewards Points

(a)                Rewards Points will accumulate for sales of Are Media Magazines that go on-sale on or after the date of approval of Membership and at the rates specified by Are Media. Are Media may alter, at its discretion, the number of Rewards Points to be accumulated for sales of a specific Are Media Magazine and the Are Media Magazines that are participating in the Program.

(b)                Members will be notified of their Rewards Points balance on their monthly statement. Members cannot request redemption of Rewards Points from sales of Are Media Magazines for any Reward or other benefit until a Rewards Points statement including such Rewards Points has been issued.

(c)                 Where a Rewards Catalogue or other promotional material issued by Are Media expressly permits two or more Members to combine their Rewards Points for the purposes of redemption for specific Rewards, each Member seeking to combine Rewards Points must comply with any eligibility conditions for that combination.

(d)                Any query or dispute concerning a Rewards Points statement must be notified to Are Media within three months from the date of the statement. Are Media will not consider queries or disputes raised after this time.

(e)                Rewards Points will expire three years after the date accumulated.

(f)                  Except where the then current Rewards Catalogue or other promotional material issued by Are Media expressly permits, Rewards Points accumulated by a Member are not transferable and may only be redeemed by a Member for Rewards for that Member. However, where Are Media expressly permits transfer of Rewards Points or award of Rewards to another person nominated by the Member, the Member:

(i)                  must comply with any eligibility conditions for that transfer; and

(ii)                 is solely responsible for all taxation liabilities and must comply with all taxation obligations (including but not limited to fringe benefits tax which may be payable if Rewards Points are converted by a Member into a Reward which that Member gives to an employee of that Member).

5                    Rewards

(a)                All tax liabilities and other duties arising from the accumulation of Rewards Points or the provision of Rewards are the sole responsibility of each Member. Are Media gives no warranty or assurance in relation to such tax or other duties.

(b)                Are Media may alter, at its discretion, the number of Rewards Points required to be redeemed for a particular Reward, or impose additional conditions in relation to a Reward or otherwise change conditions relating to a Reward.

(c)                 All Rewards are subject to availability. Are Media will endeavour to meet specified availability targets but excludes liability for non-availability or late delivery.

(d)                Are Media may withdraw, replace or substitute a Reward without notice.

(e)                Rewards Points and Rewards do not have any cash value. Rewards Points and Rewards cannot be converted into cash.

(f)                  To redeem Rewards Points, a Member must have accumulated the required number of Rewards Points as specified in the then current Rewards Catalogue and other promotional material issued by Are Media, meet any eligibility criteria or other conditions associated with the Reward and comply with the procedures for redemption specified by Are Media.

(g)                Are Media may rely upon a request for redemption of Rewards Points or a request for release or delivery of a Reward made by a person purporting to be the Member or the Member's authorised representative, where that person substantially complies with the procedures for such requests as specified by Are Media.

(h)                Rewards will, at Are Media's election, be either made available by Are Media or the relevant supplier of the Reward for collection or delivered by such means as Are Media may elect (such as by post or courier) to the Member. Once a request for redemption of Rewards Points has been accepted the request cannot be reversed.

6                    Warranties and Liability

(a)               Are Media has taken and will take all reasonable care to ensure that information it publishes in relation to the Program is correct and not misleading, but Are Media does not accept any liability relating to information provided by third parties. All descriptions of Rewards are based on information provided by suppliers.

(b)                Except as required by law,Are Media makes no warranty (whether express or implied) whatsoever with respect to Rewards. In particular, Are Media gives no warranty with respect to the quality of Rewards or their suitability for any purpose.

(c)                 The rights, if any, which a Member may have in connection with a Reward are solely against the supplier of the Reward. To the full extent permitted by law, Are Media excludes statutory and other implied conditions and warranties. Where the law does not permit exclusion of statutory consumer guarantees or other liability but permits limitation of liability, Are Media limits its liability to the fullest extent permitted by law, and if permitted by law to one or more (as Are Media may elect) of replacement of goods or re-supply of equivalent goods, repair of goods, payment of the costs of replacing goods or acquiring equivalent goods or, in the case of services, supply of the services again or payment of the cost of acquiring equivalent services.

(d)                Subject to paragraph 6(c), Are Media excludes all liability whatsoever (including for negligence) in relation to:

(i)                  any death or injury arising out of supply or use of a Reward;

(ii)                 loss, theft or destruction of a Reward; and

(iii)               any delay in supply of a Reward by another supplier or refusal by a supplier to supply a Reward.

(e)                Unless stated otherwise, product warranties, batteries, installation and service of items supplied as Rewards are not included.

7                    Confidentiality

(a)                A Member must not disclose any Confidential Information except to the extent that disclosure is required by law or the Confidential Information comes into the public domain except through a breach of this paragraph 7. A Member must use Confidential Information only for that Member’s own legitimate business use or for the purposes of fulfilling that Member’s obligations under the Are Media Newsagency Agreement or these terms and only to the extent necessary to fulfil those obligations. Disclosure of Confidential Information to any publisher other than Are Media is not a legitimate business use of Confidential Information.

(b)                In paragraph 7(a) , Confidential Information means the following, whether or not in material form:

(i)                  the terms of the Are Media Newsagency Agreement and these terms;

(ii)                 all information (including, without limitation, information relating to Are Media's business dealings, contracts, computer operations and systems, marketing, sales and business plans, promotions, financial data and other sensitive corporate information) that is treated or designated by Are Media as confidential, which is not generally known other than to personnel of Are Media or which should reasonably be regarded in all the circumstances as confidential to Are Media; and

(iii)               all sales data.

8                    General

(a)                A reference to apersonincludes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity.

(b)                The Program may be affected by the laws in force in some jurisdictions. Any aspect of the Program (including conditions to award of a Reward or whether a particular Reward may be made available) that is affected by relevant law or government policy or direction will not operate or will only operate to the extent permitted by that relevant law or government policy or direction, as Are Media may elect.

(c)                 Any notice to be given to a Member under these terms will be deemed to have been given if sent by pre-paid post, fax or to an email address provided by the Member to Are Media for the purposes of applying for Membership, as subsequently amended by the Member in writing.

(d)               Are Media may vary these terms at any time without notice and with immediate effect.

(e)                Are Media may have an agent or contractor carry out all or part of its duties under these terms. Each Member consents to Are Media supplying any agent or contractor with such information as is required for them to perform their duties.

(f)                  Are Media’s Privacy Policy (available at the Website) forms part of these terms.

(g)               Are Media is not responsible for any inaccurate or incorrect information or technical difficulty or error occurring in the administration of the Program, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile, internet or satellite network failure or theft or destruction or unauthorised access to or alteration of information and records held by Are Media relating to the Program or Rewards Points.

(h)                If any term of these terms is held to be illegal, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of these terms in that jurisdiction will not be affected, and the legality, validity and enforceability of the whole of these terms in any other jurisdiction will not be affected.

(i)                  The laws of New South Wales, Australia govern these terms and each party irrevocably and unconditionally submits to the jurisdiction of its courts.