TERMS & CONDITIONS

1. Overview

1. The Emerald Rewards Program (Program) is operated by Emerald Energy Pty Ltd (ACN 632 172 368) (Emerald, we, us or our).
2. The term you or your refers to the person or organisation registering and participating in the Program.
3. Please read these terms and conditions (Terms) carefully before you register and participate in the Program.
4. By registering and participating in the Program, you indicate that you have read, understood and accept these Terms, together with our Privacy Policy, and any other terms and conditions you may find on the Portal (such as the True Rewards Terms & Conditions of Use and Digital Gift Card Product Terms and Conditions) and agree to abide by them.
5. We encourage you to read these Terms and contact us by email at support@emerald.com.au, if you have any questions in relation to the Program.
6. If you do not agree to these Terms, you should not register or participate in the Program.  

2. Eligibility and registration 

1. This program is open to purchases made at approved distributors only.
2. You must register and create an Account with us (Account) on the Portal to participate in the Program. Registration is free.
3. Your Account will be operated by an email address and password (Password).
4. You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.
5. In relation to your Account, you undertake that you will:
1. not disclose your Password to any third party;
2. take reasonable measures to prevent disclosure of your Password to any third party, noting that you are liable for all use on the Portal using your Account or Password;
3. provide only accurate and complete registration information, and update that information if it changes in order to keep it current, complete and accurate;
4. create only 1 account on the Portal, and you will remain responsible for anything that happens through your Account; and 
5. not impersonate another account holder or provide false identity information to gain access to or use the Portal. 
6. You must notify us immediately if:  
   
1. you become aware that your Account or Password is being used without authorisation; or
2. there is any other security breach relating to your Account or Password. 

3. How to earn Rewards 

1. General
1. Subject to clause 3.2, to earn Rewards, you must, during the Initial Period or any 12-Month Period:
   1. purchase Eligible Models from approved distributors; and
   2. upload the purchase invoice to the Portal within 90 days of the invoice date.
2. The purchase invoice must clearly show the:
1. Approved Distributor;
2. Eligible Models purchased;
3. quantity of Eligible Models purchased; and
4. date of purchase.
2. Reward Trigger 
1. To receive your first Reward and become eligible to earn subsequent Rewards, you must redeem Eligible Models from approved distributors and accumulate a total cashback value of at least $400 within the Initial Period (Reward Trigger).
2. If you complete the Reward Trigger, you will:
1. become eligible to cash out Rewards in $250 increments;
2. be eligible to receive subsequent Rewards each time your cashback total reaches an additional $250. 
3. If you do not complete the Reward Trigger, then your Pending Balance will reset at the expiry of the Initial Period, and you will need to repeat the Reward Trigger to be eligible to earn Subsequent Rewards.  
3. Subsequent Rewards 
   You will receive Rewards for every $250 in cashback value accumulated from Eligible Models purchased from approved distributors during each 12-Month Period.
4. Expiry of Eligible Products 
   Any Eligible Models contributing to a Pending Balance at the expiry of the Initial Period or a 12-Month Period (as the context permits) will be forfeited and will not rollover to the next 12-Month Period.   

4. How to claim and redeem Rewards 

1. Pending Balance and Available Balance
1. Each time that you have earned a Reward, it will appear as a Pending Balance on your Account and will become an Available Balance once it is ready for you to claim.
2. You must claim the Available Balance through your Account within 90 days of the Available Balance becoming claimable.
3. If you do not claim the Available Balance within the prescribed time, that Available Balance will be forfeited.  
2. Redeeming Rewards
1. Once you have claimed your Available Balance, you may redeem your Reward in accordance with the True Rewards Digital Gift Card Product Terms and Conditions.
2. A Reward is not transferable, saleable or redeemable as cash, credit or equivalent.
3. You must comply with all terms and conditions of use of Rewards including the True Rewards Terms & Conditions of Use and Digital Gift Card Product Terms and Conditions.  

5. Returns

1. If you return any Eligible Models or are refunded for any Eligible Product where Rewards have been awarded, we may:
1. reverse any Rewards earned by you;
2. reduce the Pending Balance or Available Balance on a pro rata basis;
3. cancel any VISA Digital Gift Cards issued to you;
4. seek a refund of any VISA Digital Gift Cards which have been issued to you.
2. We reserve the right to monitor your purchase history to verify your purchases and ensure that you are complying with these Terms.

6. Privacy

1. Any Personal Information provided by you is processed by us in accordance with our Privacy Policy.
2. By participating in the Program and providing any Personal Information, you:
   1. consent to such processing; and
   2. warrant on a continuing basis that all information provided is true and accurate. 
3. If you have any privacy queries, please contact us at support@emerald.com.au.  

7. Liability

To the maximum extent permitted by law:  

1. we are not liable for any liabilities, claims, actions, and demands of whatsoever kind or nature (including in relation to personal injury, illness, death, loss, damage or expense), either in law or equity, which directly arises from participation in the Program, other than to the extent caused by us; and
2. neither party will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Program, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the party had been advised of the possibility of such damages. 

8. Variations to the Terms 

1. We may change, add or remove any part of these Terms, in whole or in part, from time to time.
2. Notification of the changes to these Terms will be posted on the Portal. The changes will be effective immediately when they are published, unless expressed otherwise.
3. It is your responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, you may request for your Account to be deleted by contacting us at support@emerald.com.au and must cease participating in the Program. Your continued participation in the Program will be deemed as your acceptance.
4. The current version of these Terms is always available on the Portal. 

9. Changes to the Program 

1. We may from time to time and acting reasonably:
1. add or remove certain stores or businesses as an approved distributors;
2. add or remove certain products as an Eligible Model;
3. increase or decrease the rewards associated with Eligible Products;
4. amend the requirements for earning or claiming Rewards; 
5. terminate the Program.
2. Notification of any changes to the Program will be posted on the Portal and will be effective immediately upon notice, unless expressed otherwise.

10. Intellectual property 

1. You acknowledge that all Intellectual Property subsisting in, or otherwise underlying in, the Portal is owned by or licensed to Emerald.
2. Nothing in these Terms assigns, transfers or grants any right, title or interest in or to our Intellectual Property, other than as expressly stated in these Terms.
3. You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Portal without obtaining an express licence to do so from us.  

11. Termination 

1. We may, at any time and at our discretion, with or without cause or any notice to you, terminate, suspend or block your access to the Program or your Account.
2. Cause for such suspension or termination may include:
1. breaches or violations of these Terms, our policies and guidelines (including our Privacy Policy), and any other agreements entered into between the parties;
2. requests by a court or law enforcement or other government agency or regulatory body;
3. discontinuance of the Program; or
4. unexpected technical or security issues or problems.
3. If your Account is terminated:
   1. any Pending Balance and unclaimed Available Balance on your Account will be forfeited;
   2. we may cancel any VISA Digital Gift Cards which have been issued to you.
4. You agree that all such suspensions or terminations shall be made at our discretion, and we will not be liable to you or any third party for any such suspension or termination.

12. General

1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
3. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms.
4. These Terms are governed by the laws in force in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia and waives any right to claim that those courts are an inconvenient forum. 

13. Definitions 

12-Month Period means each 12-month period following the Reward Trigger.

1. Energy Spurt
2. Inkam
3. MMEM
4. One Stop Warehouse (OSW)
5. Plumbers Co-op
6. Plumbing Plus
7. Rexel
8. Samios Plumbing Supplies
9. Six Star Plus
10. Swan Plumbing Supplies
11. Tradelink

Available Balance means the sum of Rewards earned by you during the Initial Period or a 12-Month Period (as the context permits), which is available for you to claim once your cashback value reaches $250, subject to meeting the initial $500 threshold during the Initial Period.

Eligible Model means the Emerald products that are eligible for Rewards, as outlined in the definition of Reward.

Initial Period means a period of 12 months from the date of registration on the Emerald Rewards portal.

Intellectual Property means the business names, copyright, patents, trade marks, trade names, designs and similar industrial, commercial and intellectual property and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world, regardless of the form and whether or not registered or registrable.

Pending Balance means any Rewards that have been earned by you during the Initial Period of a 12-Month Period, but have not become an Available Balance.

Personal Information means any Rewards that have been earned by you during the Initial Period of a 12-Month Period, but have not become an Available Balance.

Portal means our website portal at www.rewards.emerald.com.au.

Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).

Reward means a rebate awarded in the form of a VISA Digital Gift Card for each Eligible Model purchased from an Approved Merchant as follows: