YouiRewards Terms and Conditions
YouiRewards is
operated by Youi Pty Ltd ABN 79 123 074 733 (we, us, our) and its related bodies
corporate. By participating in YouiRewards, you agree to be bound by, and abide
by, these Terms and Conditions, our App Terms of Use and our Website Terms of Use.
- Definitions
In these Terms and Conditions, unless the context otherwise requires:
- App means the Youi smartphone
application incorporating YouiRewards (available on iOS and Android);
- Eligible
Policy means
an active Youi insurance policy;
- Eligible
Policy Holder means
an individual who holds an Eligible Policy;
- Launch
Date means
the date on which YouiRewards commences, being 1 October 2016 or such
later date as determined by us in our absolute discretion;
- Promotion means a campaign or
promotion that is run by (or on behalf of) Youi and is described by Youi
(or any person authorised on Youi’s behalf) as giving rise to an
entitlement to participate in YouiRewards;
- Promotion
Terms means
the terms and conditions that apply to an individual's participation in a
Promotion;
- Promotional
Participant means
an individual who participates in a Promotion;
- Reward means access to an offer
that:
- is
obtained by purchasing an Eligible Policy; and
- can
be used in relation to the acquisition of goods or services supplied by
the relevant Rewards Partner;
- Rewards
Partner means
any supplier who provides goods or services relating to YouiRewards, as
set out within the App from time to time;
- YouiRewards means the loyalty programme
known as 'YouiRewards', pursuant to which eligible participants can
obtain Rewards; and
- Youi
App Account means
the account that you create when you download the App in order to:
- link
your Eligible Policies to the Youi App to access YouiRewards; or
- participate
in YouiRewards as a Promotional Participant.
- Application
In these Terms and Conditions:
- paragraph
3 applies only to Promotional Participants;
- paragraph
4 applies only to Eligible Policy Holders; and
- all
other provisions of these Terms and Conditions apply to both Promotional
Participants and Eligible Policy Holders.
- Participation
in YouiRewards as a Promotional Participant
- From
time to time, Youi may conduct promotions that enable Promotional
Participants to participate in YouiRewards.
- In
order to be eligible to participate in YouiRewards as a Promotional
Participant, you must be an individual who:
- does
not hold an Eligible Policy that is the subject of the relevant
Promotion;
- possesses
a smartphone device operating iOS or Android;
- has
installed the App on that device;
- has
created a Youi App Account; and
- has
agreed to be bound by the Promotion Terms applicable to the relevant
Promotion.
- You:
- acknowledge
and agree that each Promotion will be governed by the applicable
Promotion Terms; and
- must
comply with those Promotion Terms.
- You
acknowledge and agree that:
- you
are solely responsible for all activities that occur on your Youi App Account;
and
- your
password is confidential.
- You
are not required to pay a joining fee or any ongoing fee to become, or to
remain, a participant in YouiRewards.
- Participation
in YouiRewards as an Eligible Policy Holder
- To
be eligible to participate in YouiRewards as an Eligible Policy Holder,
you must be an individual who:
- holds
one or more Eligible Policies;
- possesses
a smartphone device operating iOS or Android;
- has
installed the App on that device;
- has
created a Youi App Account on the App; and
- has
linked one or more of your Eligible Policies to YouiRewards either:
- via
the App; or
- by
calling our Client Services team on 13 YOUI.
- You
will have access to YouiRewards once you have linked your Eligible
Policy.
- You
acknowledge and agree that:
- you
are solely responsible for all activities that occur on your Youi App Account;
and
- your
password is confidential.
- If
you install the App but do not link your Eligible Policies to Youi App in
accordance with paragraph 4.a(v) you will not be able to take advantage
of any YouiRewards benefits (such as access to Rewards).
- Each
Eligible Policy can only be linked to one Youi App Account.
- Caps
limitations or minimum spends on Rewards
- Rewards
Partners may specify Caps, limitations or minimum spends associated with
the redemption of a Reward, the terms of which will be specified in the
relevant offer terms and conditions in the App.
- Redeeming
Rewards
- You
can redeem Rewards through the "Rewards" tab within the App and
selecting the offer and following the prompts.
- You
acknowledge and agree that the Rewards, and the goods or services offered
or supplied by Rewards Partners, may be subject to separate terms and conditions
imposed by those Rewards Partners. Please refer to the Rewards Partner's
terms and conditions relevant to the Reward and/or the goods or services.
- Unless
the terms of a Reward provide otherwise:
- a
redeemed Reward will expire 14 days after the date on which you redeem
it in accordance with paragraph 5.a; and
- you
may only use a Reward once with the relevant Rewards Partner.
- You
acknowledge and agree that, once redeemed, Rewards cannot be replaced if
lost, stolen or otherwise destroyed.
- We
may, at any time in our absolute discretion, and without prior notice to
you:
- add
new Rewards; and/or
- withdraw,
limit, modify, cancel or increase the continued availability of any
Reward (including by varying a particular Reward).
- However,
doing any of these things will not affect any Rewards that you have
already redeemed. We will also use our reasonable endeavours to ensure
that, at any given time, we will continue to offer to you a reasonable
number of Rewards.
- Termination
- Without
prejudice to any other rights or remedies that we may have against you
under these Terms and Conditions or at law, if:
- you
breach any provision of these Terms and Conditions; or
- you
are a Promotional Participant and you breach any provision of the
relevant Promotion Terms; or
- we
reasonably believe that you have engaged in fraud in your use of
YouiRewards, not used YouiRewards according to fair use, or have or
attempted to use YouiRewards for commercial purposes or other than in
good faith; or
- you
are an Eligible Policy Holder and:
- you
breach any provision of any of your Eligible Policies; or
- the
premium payable in respect of any of your Eligible Policies is overdue;
or
- we
reasonably consider that you have engaged in policy or claim fraud;
- then
we may with immediate effect:
- suspend
access to your Youi App Account; and/or
- terminate
these Terms and Conditions and disable your access to the Youi App account
and/or YouiRewards.
- We
may, in our absolute discretion:
- terminate
YouiRewards; or
- terminate
your access to and use of the App for any reason (including by closing
your Youi App Account), by giving you not less than 14 days written
notice to that effect.
- You
may close your Youi App Account at any time by sending an email to [email protected]. Once we close your
account, you will no longer have access to the Rewards.
- To
the extent permitted by law, we will not be liable to you in way
(including in negligence) as a result of exercising our rights under this
paragraph 7.
- Tax
- We
do not accept responsibility for, and make no representation concerning,
your tax liability as a result of your participation in YouiRewards or
from using any of your Rewards, Rewards Partner goods and services, or
other facility available under YouiRewards. You are solely responsible
for any taxes, GST, duties, levies, fees or other charges levied
(including payment of all taxes levied by our Reward Partners) or imposed
arising from, as a result of, or in connection with your participation in
YouiRewards or any other available benefits. We recommend that you
consult your accountant or tax adviser regarding possible tax
implications, if any, relating to your participation in YouiRewards.
- Consumer
guarantees
a. To the extent
permitted by law, any conditions, warranties, guarantees, rights, remedies,
liabilities and other terms implied or conferred by statute, custom or the
general law that impose any liability or obligation on us are excluded under
these Terms and Conditions. However, if a supply under these Terms and
Conditions is a supply of goods or services to a consumer within the meaning of
the Australian Consumer Law (contained in Schedule 2 to the Competition
and Consumer Act 2010 (Cth)), nothing contained in these Terms and
Conditions excludes, restricts or modifies the application of any provision,
the exercise of any right or remedy, or the imposition of any liability under
the Australian Consumer Law, except that, to the extent that the Australian
Consumer Law permits us to limit our liability, and provided it is fair and
reasonable for us to do so, our liability will be limited to:
- in
the case of services, supplying the services again or payment of the
cost of having the services supplied again; and
- in
the case of software or other goods, supplying equivalent goods or
having the goods repaired, or payment of the cost of replacing the
goods, supplying equivalent goods or having the goods repaired.
Other than in the case of a major
failure (as that term is defined in the Australian Consumer Law), we can elect
as between the remedies set out in paragraphs (i) and (ii) above.
- Liability
- You
acknowledge and agree that:
- to
the extent permitted by law, YouiRewards and the services provided or
made available through the App are made available to you on an 'as is'
and 'as available' basis;
- Rewards
Partners do not have any authority to make any representation, warranty
or statement on our behalf;
- any
comments, suggestions, representations or recommendations you may
receive from us with respect to YouiRewards (including via the App or
from any of our personnel) may not be suitable, accurate or complete and
you must not rely on them in a way which may give rise to any loss or
damage. If you intend to rely on anything in connection with
YouiRewards, your reliance should be based solely on your own judgment
including as to the extent to which you should access or use
YouiRewards; and
- any
comments, suggestions, representations or recommendations you may receive
from us with respect to YouiRewards (including via the App or any of our
personnel) will not be deemed to be financial advice, general advice or
personal advice.
- To
the extent permitted by law, we make no warranties or representations
(whether express or implied), and we will not be responsible for any
liability (including for consequential loss) with respect to the quality,
standard, acceptability, fitness for purpose or suitability of any:
- Reward;
or
- goods
or services provided by a Rewards Partner from the redemption of a
Reward.
- Any
warranty or other claims should be directed to the relevant Rewards
Partner.
- To
the extent permitted by law, we exclude liability for all direct,
indirect or consequential liabilities, losses, damages, costs and expenses
(including loss of revenue, loss of goodwill, downtime costs, loss of
profit, loss of or damage to reputation, loss under or in relation to any
other contract, loss of data, loss of use of data or loss of anticipated
savings or benefits), whether arising in contract, tort (including
negligence) or otherwise, suffered or incurred by you:
- in
connection with or in any way relating to YouiRewards, your Youi App Account
or any Rewards, goods or services provided by a Rewards Partner from the
redemption of a Reward, and/or the App (or any content and/or services
provided or made available through the App), including as a result of:
- any
act, error or omission of any Rewards Partner (including any
non-issuance of a good or service or discount in relation to a Reward
or delay in supplying a good or service, or otherwise not providing a
good or service in accordance with the Reward Partner's terms and
conditions applicable to a Reward);
- any
act, error or omission by us in the course of providing YouiRewards;
- any
suspension and/or termination of YouiRewards, including the ability for
you to access Rewards;
- any
tax liability incurred by you;
- any
disruption to or unavailability of YouiRewards; or
- any
fraudulent use, misuse or misappropriation of YouiRewards or your Youi App
Account;
- arising
from any circumstance beyond our control; and
- otherwise
under or in connection with these Terms and Conditions.
- The
limitations and exclusions of liability under paragraphs 9.a(i) and 9.a(ii)
do not apply to the extent that the relevant liability arose directly as
a result of our gross negligence or wilful misconduct.
- Variation
of these Terms and Conditions
- We
may change these Terms and Conditions from time to time, including by:
- varying
the manner in which Rewards are accessed or used;
- introducing
or varying a cap on the Rewards you may access and use;
- establishing
additional ways for you to earn Rewards;
- cancelling
any or all of the recognised ways you can earn Rewards; and
- including
or excluding specific types of policies from being Eligible Policies.
- If
we reasonably consider that the change is likely to:
- benefit
you or have a neutral or minor detrimental impact on you, we may change
these Terms and Conditions by making such changes immediately without
notifying you except by publishing these Terms and Conditions (as
amended) via the App; or
- have
a significant detrimental impact on you, we will make such changes to
these Terms and Conditions no sooner than 10 days after we have notified
you of those changes via email.
- If
you do not accept a change made by us to these Terms and Conditions:
- you
may close your Youi App Account by sending an email to [email protected]; and
- you
will no longer be able to access Rewards.
- Comments
and complaints
- If
you are having difficulties accessing the App or your Youi App Account or
would like to lodge a complaint, please contact us at 13 YOUI
(9684) or [email protected]. We take your feedback seriously and
will promptly investigate and respond to all genuine complaints.
- If
you have any questions relating to these Terms of Use, YouiRewards or any
other aspect of the App, please contact us at 13 YOUI (9684) or
[email protected].
- General
- YouiRewards
is subject to fair use and any use reasonably considered to be outside
fair use or fraudulent may lead to suspension or termination of your
access according to paragraph 10 above.
- We
handle personal information we collect and hold about you in accordance
with our Privacy Policy. Our Privacy Policy forms
part of these Terms and Conditions.
- You
agree that we may provide certain of your personal information to our
Rewards Partners and other contractors and agents engaged by us for the
purpose of administering YouiRewards.
- Information
regarding your Youi App Account may be obtained by a joint policyholder
or any other person that you or your joint policyholder has authorised to
obtain information on the policies linked to the Youi App Account.
- You
must not assign, sublicense or otherwise deal in any other way with any
of your rights under these Terms and Conditions.
- If
a provision of these Terms and Conditions is invalid or unenforceable, it
may be severed from these Terms and Conditions, and the remaining
provisions of these Terms and Conditions will continue in force.
- These
Terms and Conditions will be governed by and construed in accordance with
the laws in force in the State of Queensland, Australia, and you
unconditionally submit to the jurisdiction of the courts of the State of
Queensland, Australia and any courts which have jurisdiction to hear
appeals from such courts.
- In
these Terms and Conditions:
- paragraph
headings are for convenience only and do not affect the interpretation
of these Terms and Conditions;
- words
importing the singular include the plural and vice versa;
- if
a word or phrase is given a defined meaning, any other part of speech or
grammatical form of that word has a corresponding meaning;
- a
reference to any legislation includes all delegated legislation made
under it and amendments, consolidations, replacements or re-enactments
of any of them;
- the
meaning of general words is not limited by specific examples introduced
by including, for example, such as or similar
expressions.
© Youi Pty Ltd
YouiRewards Terms and
Conditions
Prepared: 27 August
2020