Premier Club Terms and Conditions
1. In these Terms and Conditions: “Hardy Brothers Premier Card” means a membership card 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 the Program. “Program” means the Hardy Brothers Premier Card program operated pursuant to these Terms and Conditions by Hardy Brothers; “Hardy Brothers” is Hardy Brothers Pty Ltd ABN 87 080 534 827. “Hardy Brothers Contact Point” is (07) 3253 6434.
2. By signing the application form or using a Hardy Brothers Premier Card (hereafter the “Card”), 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 Hardy Brothers. Hardy Brothers may refuse an application at their absolute discretion.
4. Each card will remain the property of Hardy Brothers and must be returned on demand. It is not a credit or payment card. Any lost Card may at the discretion of Hardy Brothers be replaced. In the event of replacement the Member will be required to pay a replacement fee of $20 to Hardy Brothers before delivery of the Card. A Member must notify the Hardy Brothers Contact Point immediately if the Card is stolen or lost. Hardy Brothers is not liable for any delay in replacing a Card.
5. The Member is responsible for the safe keeping of their Card and Hardy Brothers will not be liable for any unauthorized use of a Card. The Member will be responsible to contact Hardy Brothers Contact Point if they discover any unauthorized activity.
6. The Member's Card can only be used by the Member and is not transferable. The Member's Card can only be used on presentation and must be accompanied with adequate personal identification as determined by Hardy Brothers.
7. Membership entitles the Member to promotional on participating products at participating Hardy Brothers boutiques. Notwithstanding the forgoing, nothing shall prevent Hardy Brothers offering promotional offers to individuals who are not Members.
8. All promotional offers at participating Hardy Brothers boutiques offered to Members will only be offered in accordance with the terms and conditions for those promotional offers.
9. Promotional offers at Hardy Brothers boutiques may change from day to day and it is the Member's sole responsibility to check whether a promotional offer is available on a participating product. Hardy Brothers, at its sole discretion, will determine what promotional offers are offered to Members and makes no guarantee as to the availability of any promotional offers.
10. The Member hereby irrevocably holds harmless Hardy Brothers, 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 Hardy Brothers, its related bodies corporate, employees, directors, suppliers and agencies, and shall indemnify and release Hardy Brothers, 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 the Corporations Act 2001.
11. To the extent permitted by law, Hardy Brothers 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.
12. The Member acknowledges and agrees that all decisions pertaining to this Program rest solely with Hardy Brothers and its decision is final.
13. Without in any way limiting the operation of, and in accordance with Clause 12, Hardy Brothers, as 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.
14. Hardy Brothers gives no warranty as to the continuing availability of the Program. Hardy Brothers may, at its sole discretion, at any time cancel the Program in whole (or in part) upon reasonable notice (“reasonable notice” being no less than 1 week).
15. Without limiting Clauses 13 and 14 in any way, Members will be taken to have received notice of any changes to these Terms and Conditions if Hardy Brothers 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 Hardy Brothers website.
16. Without in any way limiting the rights of Hardy Brothers as set out in Clause 14 and 15, if a Member is in breach of these Terms and Conditions, at any time, then Hardy Brothers 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.
17. To the extent permitted by law, Hardy Brothers, 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 13,14 or 16 or arising from the Program.
18. Privacy: Hardy Brothers, 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 authorizes Hardy Brothers and 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 Hardy Brothers, 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 Hardy Brothers at PO Box 2500, Fortitude Valley BC Q 4006.
19. 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 Queensland, 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 Hardy Brothers, must be instituted and carried on only in the appropriate Court or tribunal of Queensland.
20. 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).