GROUCH & CO LOYALTY PROGRAM

TERMS AND CONDITIONS

Effective date: 15 May 2025

These Terms and Conditions apply to the Grouch & Co Loyalty Program operated by [insert full legal entity name] trading as Grouch & Co,  (“Grouch & Co”, “we”, “us” or “our”).

By joining or using the Grouch & Co Loyalty Program, you agree to these Terms and Conditions.

1. About the Loyalty Program

The Grouch & Co Loyalty Program is a complimentary rewards program offered to thank our customers for supporting our business.

Membership is free. No purchase is required to join, although eligible purchases are required to earn loyalty credit.

The Loyalty Program does not form part of the price paid for any product and does not create an ongoing entitlement to receive any particular reward, benefit or monetary value.

2. Eligibility

To participate in the Loyalty Program, you must:

• provide a valid mobile number, email address or other information required by our loyalty platform;
• provide accurate and current information;
• maintain only one loyalty account; and
• Use the account for personal, non-commercial purposes.

Customers under 18 should have the permission of a parent or guardian before joining.

We may refuse an application or cancel duplicate, fraudulent or improperly created accounts.

3. Creating and Using an Account

Your loyalty account is personal to you and cannot be sold, transferred, shared or combined with another customer’s account unless we expressly agree otherwise.

You are responsible for ensuring the contact details connected to your account are correct.

You may be asked to provide the mobile number, email address, name or other identifying information associated with your account before earning or redeeming loyalty credit.

We are not responsible for loyalty credit being allocated to the wrong account where incorrect account details were provided at the time of purchase.

4. Earning Loyalty Credit

Members earn $0.05 in loyalty credit for every $1.00 spent on eligible purchases at the Grouch & Co retail store.

This is equivalent to earning loyalty credit equal to 5% of the eligible purchase amount.

Loyalty credit is calculated on the final amount paid after discounts, vouchers, rewards and other reductions have been applied.

Customers must identify their loyalty account before the transaction is completed for loyalty credit to be earned.

Loyalty credit cannot be added retrospectively after a purchase has been completed. Grouch & Co may choose to add missing loyalty credit where satisfactory proof of purchase is provided, but is not required to do so.

Loyalty credit may take up to 24 hours to appear in a member’s account.

Grouch & Co may offer additional or promotional loyalty credit from time to time. Separate conditions may apply to these promotions.

5. Purchases That Do Not Earn Loyalty Credit

Unless Grouch & Co states otherwise, loyalty credit is not earned on:

• gift card or voucher purchases;
• delivery or service fees;
• tips or gratuities;
• purchases made through third-party delivery services or platforms;
• complimentary products;
• refunded, cancelled or reversed purchases;
• wholesale, trade or commercial purchases;
• purchases made before joining the Loyalty Program; or
• any products or transactions nominated by Grouch & Co as excluded.

Grouch & Co may add, remove or change eligible products and transactions from time to time.

6. Redeeming Loyalty Credit

Available loyalty credit may be redeemed toward the purchase of any product available in the Grouch & Co retail store, subject to product availability and these Terms and Conditions.

Customers must identify their loyalty account before the transaction is completed to redeem loyalty credit.

Loyalty credit may be used as full or partial payment for an eligible retail purchase.

Where the available loyalty credit does not cover the full purchase price, the remaining balance must be paid using another accepted payment method.

Loyalty credit cannot be applied retrospectively after a transaction has been completed.

Loyalty credit may only be redeemed by the account holder and cannot be transferred to another customer or loyalty account.

Unless Grouch & Co states otherwise, loyalty credit cannot be used:

• to purchase gift cards or vouchers;
• for wholesale or commercial purchases;
• through third-party delivery services or platforms;
• toward delivery or service fees; or
• in combination with offers that specifically exclude loyalty redemptions.

7. Nature and Value of Loyalty Credit

Loyalty credit is a promotional benefit provided through the Grouch & Co Loyalty Program.

Each $1.00 spent on an eligible purchase earns $0.05 in loyalty credit.

Loyalty credit:

• is not legal tender;
• is not cash or a bank deposit;
• cannot be withdrawn or exchanged for cash;
• cannot be sold, assigned or transferred;
• cannot be used to purchase a gift card or voucher;
• cannot be redeemed outside participating Grouch & Co retail locations; and
• cannot be redeemed after an account has been closed or cancelled, except where required by law.

A loyalty balance represents the amount currently available to redeem under the Loyalty Program. It does not create a cash debt owed by Grouch & Co to the member.

Grouch & Co may change the earning rate, redemption conditions, eligible products or operation of the Loyalty Program in accordance with these Terms and Conditions.

8. Returns and Refunds

If a purchase that earned loyalty credit is returned, refunded, cancelled, reversed or disputed, we may deduct the corresponding loyalty credit from the member’s account.

If loyalty credit was used on a returned or refunded purchase, that loyalty credit may not be reinstated.

Where deducting loyalty credit results in a negative balance, future loyalty credit may be applied against that negative balance before additional credit becomes available for redemption.

Nothing in this section limits any rights a customer may have under the Australian Consumer Law.

9. Loyalty Credit Expiry

Loyalty credit will expire after 2 months without any qualifying account activity.

Qualifying account activity means earning or redeeming loyalty credit through an eligible purchase.

We may also expire loyalty credit where:

• an account has been inactive for the stated expiry period;
• an account has been closed or cancelled;
• loyalty credit was added in error;
• loyalty credit was obtained through fraud, misuse or manipulation; or
• the Loyalty Program is discontinued in accordance with these Terms and Conditions.

Expired loyalty credit cannot ordinarily be reinstated.

Where reasonably practicable, we may notify members before loyalty credit expires. However, members remain responsible for checking their loyalty balance and expiry information.

10. Errors and Account Adjustments

We may correct a loyalty account where we reasonably believe loyalty credit has been:

• added or redeemed in error;
• duplicated;
• incorrectly calculated;
• obtained through a technical fault;
• obtained through fraud or misuse; or
• allocated contrary to these Terms and Conditions.

This may include adding, removing or cancelling loyalty credit.

Our records will be treated as accurate unless the member provides reasonable evidence of an error.

If our loyalty platform does not permit a particular account adjustment, we may choose to offer an alternative resolution. This may include a replacement reward or goodwill voucher. We are not required to provide an alternative unless required by law.

11. Changes to Rewards and the Program

Grouch & Co may change the Loyalty Program. 

Changes may include:

• changing how loyalty credit is earned;
• changing the earning rate;
• changing redemption conditions;
• adding, changing, substituting or removing rewards or benefits;
• excluding particular products, services or transactions;
• introducing or changing expiry periods;
• changing participating locations;
• changing the technology or provider used to operate the program; or
• changing these Terms and Conditions.

We may make changes immediately where they are required for legal, security, fraud-prevention, technical or operational reasons.

For other material changes that may significantly affect existing loyalty balances, we will use reasonable efforts to provide advance notice through one or more of the following:

• email or SMS;
• our website;
• our loyalty platform;
• signage at participating locations; or
• our social media channels.

Continued participation in the Loyalty Program after a change takes effect constitutes acceptance of the updated Terms and Conditions.

Nothing in this section permits us to exclude or limit rights that cannot lawfully be excluded.

12. Suspension or Discontinuation

Grouch & Co may suspend, replace or discontinue the Loyalty Program at any time.

Where reasonably practicable, we will provide members with notice and a reasonable opportunity to redeem eligible loyalty credit before the program ends.

However, advance notice may not be possible where suspension or discontinuation is required because of:

• a legal or regulatory requirement;
• suspected fraud or misuse;
• a security incident;
• the closure or failure of a third-party loyalty platform;
• a technical issue outside our reasonable control; or
• another urgent operational circumstance.

If the Loyalty Program is discontinued, any unused loyalty credit may expire on the date stated in our notice.

Loyalty credit will not be converted into cash when the program ends.

13. Account Suspension and Cancellation

We may suspend or cancel an account, remove loyalty credit or refuse a redemption where we reasonably believe that a member has:

• breached these Terms and Conditions;
• provided false or misleading information;
• created or used multiple accounts improperly;
• manipulated the program or transactions;
• engaged in fraudulent, dishonest or abusive conduct;
• resold or transferred loyalty benefits;
• used the program for commercial purposes; or
• behaved in a threatening, abusive or seriously inappropriate manner toward our staff.

Where appropriate, we may give the member an opportunity to respond before cancelling an account. Immediate suspension may occur where reasonably necessary to protect our staff, customers, systems or business.

Members may cancel their loyalty account by contacting us using the details below.

Following cancellation, unused loyalty credit may be forfeited and the account may not be recoverable.

14. Gift Vouchers and Promotional Rewards

A voucher issued as a loyalty reward, promotional benefit or goodwill gesture is subject to:

• the conditions displayed on the voucher;
• any stated redemption period;
• any product or transaction exclusions;
• these Terms and Conditions; and
• applicable Australian law.

A complimentary or promotional reward voucher may be treated differently from a gift card purchased with money.

Unless expressly stated otherwise, rewards and complimentary vouchers cannot be exchanged for cash, replaced if lost, or used to purchase another gift card.

15. Communications and Marketing

We may contact members with operational messages relating to their account, including:

• loyalty balances;
• account verification;
• changes to the Loyalty Program;
• loyalty credit expiry;
• security matters; and
• suspension or discontinuation of the program.

Joining the Loyalty Program does not automatically require a member to receive promotional marketing where separate consent is legally required.

Where a member has consented to receive marketing, they may unsubscribe at any time using the unsubscribe option in the message or by contacting us.

Unsubscribing from marketing will not necessarily close the loyalty account or prevent essential account-related communications.

16. Privacy

We may collect information including a member’s:

• name;
• mobile number;
• email address;
• date of birth, if voluntarily supplied;
• transaction history;
• loyalty-credit activity;
• preferred Grouch & Co location; and
• communications with us about the Loyalty Program.

We use this information to administer the Loyalty Program, manage accounts, prevent fraud, understand how the program is used and communicate with members.

The Loyalty Program may be operated using a third-party technology provider. Information may be disclosed to that provider where reasonably necessary to operate the program.

Personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.

17. Technology and Availability

The Loyalty Program may rely on third-party software, telecommunications services and internet connectivity.

We do not guarantee that the Loyalty Program will always be uninterrupted, error-free or available.

Where there is a system outage or technical failure, we may be unable to:

• access an account;
• add loyalty credit;
• redeem loyalty credit;
• verify a balance; or
• process a loyalty transaction.

We will take reasonable steps to investigate genuine account errors but are not responsible for delays or failures outside our reasonable control.

18. Liability and Consumer Rights

To the maximum extent permitted by law, Grouch & Co is not responsible for indirect or consequential loss arising from participation in, or inability to use, the Loyalty Program.

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

Where our liability can lawfully be limited, it will be limited to the extent permitted by law.

19. Resolving Concerns

Questions about loyalty credit or accounts should be raised within [30 days] of the relevant transaction.

Members should provide:

• their name and account details;
• the approximate date and location of the transaction;
• proof of purchase where available; and
• a brief explanation of the issue.

We will review the available records and respond within a reasonable period.

We ask that all communication with our team remains respectful. Threatening, abusive, discriminatory or harassing behaviour toward our staff will not be accepted and may result in communication being ended or an account being suspended or cancelled.

20. General Terms

If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply.

A delay in enforcing a right under these Terms and Conditions does not waive that right.

These Terms and Conditions are governed by the laws of Western Australia. The parties submit to the courts and tribunals with jurisdiction in Western Australia.