Terms and Conditions
The PFG Rewards program in Australia is governed by the terms and conditions as outlined herein ("Terms and Conditions") and these Terms and Conditions replace all other terms and conditions.
The Member and Smart Loyalty Australia Pty Ltd ABN 41 145 369 035 of 19/151 Foveaux Street, Surry Hills NSW 2010 ("SLAPL") are bound by these Terms and Conditions. By submitting or authorising the submission of the Member's Enrolment Information to SLAPL, the Member is deemed to agree to be bound by these Terms and Conditions.
1. SLAPL operates and administers the PFG RewardsTM Program in Australia pursuant to which individuals can earn Points as a result of purchases of certain goods by Dealers from PFG Australia Pty Ltd ("PFG").
2. Once enrolled in the Program an individual who is or becomes a Velocity Frequent Flyer member and who is eligible to accrue Points in the Program, becomes a Member and Points from certain Eligible Transactions (specified below) can be credited to the Member's Velocity Frequent Flyer account.
3. The Member has been enrolled into the Program and agrees to comply with these Terms and Conditions.
4. The Member wishes to utilise and be a participant in the Program and to obtain benefits offered by SLAPL and PFG on these Terms and Conditions.
In these Terms and Conditions, unless the context otherwise requires:
1. Business Day means a day (other than a Saturday or a Sunday) on which banks are open for general banking business in Sydney.
2. Dealer means an authorised dealer of PFG products who has authorised the Member to be enrolled in the Program.
3. Eligible Transactions means purchases of eligible products, being selected agricultural machinery products, tractors and their associated spare parts, from PFG which are eligible to earn Points.
4. Enrolment Information means the information received by SLAPL about the Member from PFG or a Dealer.
5. Member means the individual who has been authorised by PFG or a Dealer, who is or becomes a member of Velocity Frequent Flyer and is accepted by SLAPL and is eligible to accrue Points through the Program.
6. Member's Account means the Member's Velocity Frequent Flyer account administered by Velocity Rewards Pty Ltd pursuant to the Velocity Frequent Flyer terms and conditions to which Points are credited.
7. Points means the Velocity Frequent Flyer points that are credited to the Member's Account as a result of Eligible Transactions through participation in the Program.
8. Programme means the PFG Rewards program operated and administered by SLAPL.
9. Reward means a product or service or item nominated by Virgin Australia in Velocity Frequent Flyer as eligible to be obtained by a member redeeming Points through Velocity Frequent Flyer.
10. Velocity Frequent Flyer means the loyalty program (as amended from time to time) of Virgin Australia, formerly being Velocity Rewards, which is owned and operated by Velocity Rewards Pty Ltd ACN 116 089 448 as trustee of The Loyalty Trust.
11. Velocity Rewards means the loyalty program (as amended from time to time) owned by Velocity Rewards Pty Ltd ACN 116 089 448 as trustee of The Loyalty Trust and referred to as Velocity Frequent Flyer.
12. Virgin Australia means collectively Virgin Australia Airlines Pty Limited ABN 36 090 670 965 (Virgin Australia Airlines), Virgin Australia Airlines (SE Asia) Pty Ltd ACN 097 892 389 (Virgin Australia Airlines (SE Asia), Virgin Australia Airlines (NZ) Ltd ARNB: 107 549 851 (Virgin Australia Airlines (NZ), Virgin Samoa Limited ABN 90 116 233 517 (Virgin Samoa) and Virgin Australia International Airlines Pty Ltd ABN 63 125 580 823 (Virgin Australia International).
These Terms and Conditions are governed by the laws of New South Wales, Australia and SLAPL and the Member both submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
1. Subject to clause 4, Points shall be accrued under the Program as follows:
- For PFG Rewards Parts, at the rate of 1 Point per Australian dollar (exclusive of GST) spent on an Eligible Transaction on spare parts only sold by PFG to a Dealer (to be allocated in equal proportions between all Members Authorised by the Dealer), or otherwise at a rate agreed to by SLAPL and PFG on Eligible Transactions; and only in respect of Eligible Transactions that have been authorised by PFG and notified to SLAPL.
- For PFG Rewards Kioti, at a rate to be determined by PFG, for the sale of selected agricultural machinery products or tractors (Kioti whole goods) that have been purchased by a Dealer from PFG, or otherwise at a rate agreed to by SLAPL and PFG on Eligible Transactions; and only in respect of Eligible Transactions that have been authorised by PFG and notified to SLAPL.
- For PFG Rewards Howard, at a rate to be determined by PFG for the sale of selected agricultural machinery products (Quicke and Howard) that have been purchased by a Dealer from PFG, or otherwise at a rate agreed to by SLAPL and PFG on Eligible Transactions; and only in respect of Eligible Transactions that have been authorised by PFG and notified to SLAPL.
- For PFG Rewards Grass Machinery, at a rate to be determined by PFG for the sale of selected agricultural machinery products (McHale, Taarup and Vicon) that have been purchased by a Dealer from PFG, or otherwise at a rate agreed to by SLAPL and PFG on Eligible Transactions; and only in respect of Eligible Transactions that have been authorised by PFG and notified to SLAPL. Effective 1st October 2018, an Eligible Transaction for PFG Rewards Parts is deemed as a eligible part ordered via a Stock Order or a Forward Order only.
2. Points accrued in accordance with clause 3.1, 3.2, 3.3 and 3.4 (and these Terms and Conditions) for Eligible Transactions by a Dealer will be allocated to Members authorised by that Dealer in agreed proportions.
3. The Member acknowledges that Points may take at least 8 weeks to be credited to the Member's Account.
2. The Member can join Velocity Frequent Flyer at http://www.velocityrewards.com.au. Velocity Frequent Flyer membership and Points are subject to the terms and conditions of the Velocity Frequent Flyer. Velocity Rewards Pty Ltd may amend the terms and conditions of Velocity Frequent Flyer from time to time, such amended terms uploaded to http://www.velocityrewards.com.au.
3. Points will only be credited to the Member's Account. Once Points have been credited to the Member's Account, all Points are subject to (and may expire in accordance with) the terms and conditions of Velocity Frequent Flyer (available at www.velocityrewards.com.au ).
4. Once Points have been credited to the Member's Account, Points may be redeemed in Velocity Frequent Flyer program in accordance with and subject to the terms and conditions of Velocity Frequent Flyer.
5. Velocity Frequent Flyer members (including the Member) are liable for any taxation implications relating to their participation in Velocity Frequent Flyer. It is recommended that members consult a taxation adviser in relation to any taxation implications related to membership of Velocity Frequent Flyer.
6. See www.velocityrewards.com.au for more detail on Velocity Frequent Flyer.
1. Without prejudice to STAPL's rights under clause 12.2 it is agreed that STAPL may vary these Terms and Conditions at any time by providing written notice of the variation to the last known email or mailing address of the Member.
2. The Member's continued participation in the Programme will be deemed to be acceptance of these terms and conditions, as modified.
3. A modification to the Terms and Conditions made pursuant to clause 5.1 may not affect the Points then accrued to the Member's Account through use (other than by the Member) forfeiture or expiry.
1. The notification of Eligible Transactions and Points to SLAPL is solely the responsibility of PFG and any claim by the Member with regard to notification of Eligible Transactions and Points will be resolved between the Member and PFG. The Member acknowledges and agrees that SLAPL relies entirely on the accuracy of the information supplied by PFG with respect to the Eligible Transactions and Points to be allocated to the Member.
2. It is acknowledged that STAPL is a service provider for the provision of the Program and that neither PFG, any Dealer nor the Member are partners, joint venturers, sub-contractors, agents, servants or employees of SLAPL.
3. SLAPL is not liable or responsible to any person or company for or on account of any error in the allocation or calculation of Points and in no circumstance shall SLAPL be held liable for any loss of business or profits or for any other consequential loss or damage suffered by the Member or any other person or company in relation to the provision of the Program.
The Member acknowledges and agrees that:
1. only individuals may earn or be credited with Points;
1. the Member must be a member of the Velocity Frequent Flyer program to earn or be credited with Points;
2. the Member may only earn Points in accordance with these Terms and Conditions and as a result of the Eligible Transactions by a Dealer;
3. the Velocity Frequent Flyer program terms and conditions apply to membership of the Velocity Frequent Flyer program and Points;
4. the Member may receive Points only in a Velocity Frequent Flyer membership account in the Member's name;
5. the Velocity Frequent Flyer program terms and the Velocity Conditions of Carriage apply to any air travel undertaken by the Member as a result of participation in the Velocity Frequent Flyer program;
2. Velocity Rewards Pty Ltd may vary the Velocity Frequent Flyer terms and the Conditions of Carriage from time to time at its discretion.
3. The Member indemnifies and will keep SLAPL indemnified against any income tax or fringe benefits tax or other tax arising from operation of the Program, or the Member's participation in the Program or Velocity Frequent Flyer. This indemnity extends to any and all losses (including all liabilities, losses, damages, penalties, interests and costs and expenses (including legal costs) suffered or incurred by SLAPL.
4. The Member acknowledges and agrees that the Program is provided by SLAPL and not by Velocity Rewards Pty Ltd, and that Velocity Rewards Pty Ltd is not responsible or liable for any aspect of the Program.
1. Membership of the Program may be terminated by the Member providing notice in writing to SLAPL that the Member wishes to be removed as a Member of the Program.
2. In this case, Points in the Member's Account will remain subject to the terms and conditions of Velocity Frequent Flyer but Points not credited to the Members Account at the date of termination will be forfeited.
3. Points are not transferable or assignable (except in accordance with the terms and conditions of Velocity Frequent Flyer), cannot be sold and cannot be converted to money.
SLAPL may terminate the agreement set out in these Terms and Conditions and/or terminate the Program by notice in writing if:
1. the Member fails to remedy a material breach of these Terms and Conditions within 14 days of written notice detailing the breach;
2. the Member supplies any misleading information or makes any misrepresentation to SLAPL;
3. the Member dies or becomes unsound of mind; or
4. the Member becomes bankrupt.
1. The Member may terminate the agreement set out in these Terms and Conditions without cause on 14 days notice in writing to SLAPL.
2. STAPL may terminate the agreement set out in these Terms and Conditions and/or terminate the Program without cause on 90 days notice in writing to PFG, the Dealer or Member.
3. The agreement set out in these Terms and Conditions will automatically terminate if the Member is or is no longer a member of Velocity Frequent Flyer for any reason.
1. Where the agreement set out in these Terms and Conditions and/or the Program is terminated under clauses 8, 9, or 10 ("Termination"), any Points in the Members Account at the date of termination remain subject to the terms and conditions of Velocity Frequent Flyer.
2. SLAPL will use its reasonable endeavours to allocate Points for Eligible Transactions completed prior to the date of termination of the agreement set out in these Terms and Conditions and/or the Program.
1. Any notice or communication given to SLAPL pursuant to these Terms and Conditions shall be given to the postal address or facsimile specified at clause 15.4.
2. Any notice or communication given to the Member pursuant to these Terms and Conditions shall be given to the email or mail address specified in the Enrolment Information pertaining to the Member or to such other address as the Member has specified in writing to SLAPL.
3. A notice shall be deemed received by the intended recipient of the notice:
1. in the case of a notice posted within Australia to an Australian address by ordinary post, two Business Days after the dispatch of the notice; and
2. in the case of a notice sent by facsimile, on the day the facsimile was transmitted, provided that the transmitting facsimile machine generates a message that all pages comprising the notice were successfully transmitted during the facsimile transmission.
4. In all cases, a notice or communication received after 5.00pm in the place of receipt or on a day that is not a Business Day is taken to be received at 9.00am on the next Business Day.
1. SLAPL may collect information about the Member including information provided:
1. in the Enrolment Information;
2. by PFG and/or Dealers concerning Eligible Transactions; and
3. from other sources as required to ensure that the Member obtains the maximum benefit from membership in the Program.
2. The Member consents to SLAPL collecting information in relation to the Member and utilising it:
1. to promote services offered by all PFG relating to the Program including but not limited to special product offers, discounts on purchases, special savings and collection of Points;
2. for marketing, product development and research purposes; and
3. for disclosure to merchants in distributing promotional information.
3. In addition, the Member consents to SLAPL and Velocity Rewards Pty Ltd (and its service providers) exchanging, using, disclosing and collecting Member personal information (including name, address, DOB and Velocity Frequent Flyer membership number) for the purpose of administering and operating the Program and Velocity Frequent Flyer and allowing the Member to earn Points in accordance with these Terms and Conditions and to participate in Velocity Frequent Flyer.
4. Information in relation to the Member will be held by SLAPL at its premises in Australia and pursuant to the provisions of the Privacy Act 1988 (Cth) the Member may make written request for access to, and correction of, personal information held by SLAPL, subject to verification of the Member's identity and the provisions with respect to access and correction set out in the Privacy Act 1988 (Cth).
5. A fee to cover the reasonable costs incurred by SLAPL in responding to a request for information by the Member may be charged and if a fee is payable then SLAPL will advise the Member of the amount of the fee and obtain payment before responding to the request.
1. To the extent permitted by law, SLAPL will not be liable to the Member for:
1. Any failure or delay by PFG to notify SLAPL of an Eligible Transaction.
2. Any loss, theft or damage to any Rewards in the course of post or delivery.
3. Any Reward not being available for any reason.
4. Any failure by the Reward provider to meet the terms and conditions, the schedule of Rewards, participating companies qualifying goods and services and/or number of Points which will be recorded or deducted in relation to any Rewards.
5. Any loss suffered by the Member as a result of any changes to the Velocity Frequent Flyer program (including terms and conditions of the Velocity Frequent Flyer program).
2. All conditions and warranties whether expressed or implied and whether arising under legislation or otherwise as to the condition, suitability, quality, fitness or safety of any Rewards supplied under the Program are expressly excluded to the full extent permitted by law.
3. Any liability SLAPL may have to the Member under legislation in respect of Rewards which cannot be excluded is limited where permitted to supplying or paying the cost of supplying the Rewards again or repairing or paying the cost of repairing Rewards at SLAPL's option.
4. SLAPL provides the Program for participating businesses and each exclusion or limitation of liability in these terms and conditions also applies to each of those participating businesses and their directors, employees and agents.
1. The determination of liability for any government levies or taxes or other expenses or charges arising out of the accrual or allocation of Points under the Program or claiming of Rewards shall be the sole responsibility of the Member. The Members, Dealers and PFG will be solely responsible for any and all taxes relating to their participating in the Program or the Member obtaining Points through the Program.
2. It is recommended that Members, Dealers and PFG consult their accountant or tax adviser to ensure that they understand any possible tax (including fringe benefits tax) implications related to participating in the Program or obtaining Points through the Program.
3. The Member acknowledges and agrees that SLAPL and Velocity Rewards Pty Ltd each reserve the right to cancel, change or substitute any Reward and specific term and condition of a Reward or its redemption at any time with or without prior notice.
4. The details of notice for SLAPL are Smart Loyalty Australia Pty Ltd ABN 41 145 369 035, 19/151 Foveaux Street, Surry Hills NSW 2010; Phone: 1800 100 056