YouiRewards Terms and Conditions

YouiRewards is a loyalty program operated by Youi Pty Ltd ABN 79 123 074 733 (we,us, our) and its related entities. 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.

1. Definitions

   In these Terms and Conditions, unless the context otherwise requires:
   1. App means the Youi smartphone application incorporating YouiRewards (available on iOS and Android);
   2. Eligible Policy means an active Youi policy;
   3. Eligible Policy Holder means an individual who holds an Eligible Policy;
   4. 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;
   5. 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; 
   6. Promotion Terms means that terms and conditions that apply to an individual's participation in a Promotion;
   7. Promotional Participant means an individual who participates in a Promotion;
   8. Reward means access to an offer that:
      
      1. is obtained by purchasing an Eligible Policy; and
      2. can be used in relation to the acquisition of goods or services supplied by the relevant Rewards Partner;
   9. Rewards Partner means any supplier who provides goods or services relating to the YouiRewards program, as set out within the App from time to time;
   10. YouiRewards means the loyalty programme known as 'YouiRewards', pursuant to which eligible participants can obtain Rewards; and
   11. YouiRewards Account means the account that you create when you download the App in order to:
       1. link your Eligible Policies to YouiRewards; or
       2. participate in YouiRewards as a Promotional Participant.
2. Application
   In these Terms and Conditions:
   
   1. paragraph 3 applies only to Promotional Participants;
   2. paragraph 4 applies only to Eligible Policy Holders; and
   3. all other provisions of these Terms and Conditions apply to both Promotional Participants and Eligible Policy Holders.
3. Participation in YouiRewards as a Promotional Participant 
   
   1. From time to time, Youi may conduct promotions that enable Promotional Participants to participate in YouiRewards.
      
   2. In order to be eligible to participate in YouiRewards as a Promotional Participant, you must be an individual who:
      
      1. does not hold an Eligible Policy that is the subject of the relevant Promotion;
      2. possesses a smartphone device operating iOS or Android;
      3. has installed the App on that device;
      4. has created a YouiRewards Account on the App; and
      5. has agreed to be bound by the Promotion Terms applicable to the relevant Promotion.
   3. You:
      1. acknowledge and agree that each Promotion will be governed by the applicable Promotion Terms; and
      2. must comply with those Promotion Terms.
   4. You acknowledge and agree that:
      
      1. you are solely responsible for all activities that occur on your YouiRewards Account; and
      2. your password is confidential.
   5. You are not required to pay a joining fee or any ongoing fee to become, or to remain, a participant in YouiRewards.
4. Participation in YouiRewards as an Eligible Policy Holder
   
   1. To be eligible to participate in YouiRewards as an Eligible Policy Holder, you must be an individual who:
      
      1. holds one or more Eligible Policies;
      2. possesses a smartphone device operating iOS or Android;
      3. has installed the App on that device;
      4. has created a YouiRewards Account on the App; and
      5. has linked one or more of your Eligible Policies to YouiRewards either:
         
         1. via the App; or
         2. by calling our Client Services team on 13 YOUI.
   2. You will have access to YouiRewards once you have linked your Eligible Policy
   3. You acknowledge and agree that:
      1. you are solely responsible for all activities that occur on your YouiRewards Account; and
      2. your password is confidential.
   4. If you install the App but do not link your Eligible Policies to YouiRewards in accordance with paragraph 4.1(e) you will not be able to take advantage of any YouiRewards benefits (such as access to Rewards).
   5. Each Eligible Policy can only be linked to one YouiRewards Account.
   6. You are not required to pay a joining fee or any ongoing fee to become, or to remain, a participant in YouiRewards.
5. Redeeming Rewards
   1. You can redeem Rewards through the "Rewards" tab within the App, and selecting the offer and following the prompts.
      
   2. 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.
   3. Unless the terms of a Reward provide otherwise:
      1. a redeemed Reward will expire 14 days after the date on which you redeem it in accordance with paragraph 5.1; and
      2. you may only use a Reward once with the relevant Rewards Partner.
   4. You acknowledge and agree that, once redeemed, Rewards cannot be replaced if lost, stolen or otherwise destroyed.
   5. We may, at any time in our absolute discretion, and without prior notice to you:
      
      1. add new Rewards; and/or
      2. withdraw, limit, modify, cancel or increase the continued availability of any Reward (including by varying a particular Reward).
   6. 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.
6. Termination
   1. Without prejudice to any other rights or remedies that we may have against you under these Terms and Conditions or at law, if:
      
      1. you breach any provision of these Terms and Conditions; or
      2. you are a Promotional Participant and you breach any provision of the relevant Promotion Terms; or
      3. we reasonably believe that you have engaged in fraud in your use of YouiRewards or not used YouiRewards according to fair use; or
      4. you are an Eligible Policy Holder and:
         
         1. you breach any provision of any of your Eligible Policies; or
         2. the premium payable in respect of any of your Eligible Policies is overdue; or
         3. we reasonably consider that you have engaged in policy or claim fraud;
      5. then we may, by written notice to you, and with immediate effect: 
         
         1. suspend access to your YouiRewards Account; and/or
         2. terminate these Terms and Conditions and disable your access to the App and/or your YouiRewards Account.
   2. We may, in our absolute discretion:
      
      1. terminate the YouiRewards programme; or
      2. terminate your access to and use of the App (including by closing your YouiRewards Account), by giving you not less than 14 days written notice to that effect.
   3. You may close your YouiRewards Account at any time by sending an email to youirewards@youi.com. Once we close your account, you will no longer have access to the Rewards.
   4. 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 6.
7. Tax
   1. 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.
      
8. Consumer guarantees
   1. 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:
      
      1. in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
      2. 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 (a) and (b) above.
9. Liability
   1. You acknowledge and agree that:
      
      1. 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;
      2. Rewards Partners do not have any authority to make any representation, warranty or statement on our behalf;
      3. 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
      4. 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.
   2. 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:
      
      1. Reward; or
      2. goods or services provided by a Rewards Partner from the redemption of a Reward.
   3. Any warranty or other claims should be directed to the relevant Rewards Partner.
   4. 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:
      
      1. in connection with or in any way relating to YouiRewards, your YouiRewards 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:
         
         1. 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);
         2. any act, error or omission by us in the course of providing YouiRewards;
         3. any suspension and/or termination of YouiRewards, including the ability for you to access Rewards;
         4. any tax liability incurred by you;
         5. any disruption to or unavailability of YouiRewards; or
         6. any fraudulent use, misuse or misappropriation of your YouiRewards Account;
      2. arising from any circumstance beyond our control; and
      3. otherwise under or in connection with these Terms and Conditions.
   5. The limitations and exclusions of liability under paragraphs 9.2 and 9.3 do not apply to the extent that the relevant liability arose directly as a result of our gross negligence or wilful misconduct.
10. Variation of these Terms and Conditions
    1. We may change these Terms and Conditions from time to time, including by:
       
       1. varying the manner in which Rewards are accessed or used;
       2. introducing a cap on the Rewards you may access and use;
       3. establishing additional ways for you to earn Rewards;
       4. cancelling any or all of the recognised ways you can earn Rewards; and
       5. including or excluding specific types of policies from being Eligible Policies.
    2. If we reasonably consider that the change is likely to:
       
       1. 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
       2. 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.
    3. If you do not accept a change made by us to these Terms and Conditions:
       
       1. you may close your YouiRewards Account by sending an email to youirewards@youi.com; and
       2. you will no longer be able to access Rewards.
11. Comments and complaints
    
    1. If you are having difficulties accessing the App or your YouiRewards or would like to lodge a complaint, please contact us at youirewards@youi.com. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.
       
    2. If you have any questions relating to these Terms and Conditions, YouiRewards or any other aspect of the App, please contact us via email at youirewards@youi.com, call us on 13 YOUI (9684), or contact us via our website at https://www.youi.com.au/rewards or from the Contact Us section in the App.
12. General
    1. 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 Cl 10 above.
    2. 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.
       
    3. 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.
    4. Information regarding your YouiRewards 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 YouiRewards Account.
    5. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms and Conditions.
    6. 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.
    7. 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.
    8. In these Terms and Conditions:
       
       1. paragraph headings are for convenience only and do not affect the interpretation of these Terms and Conditions;
       2. words importing the singular include the plural and vice versa;
       3. 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;
       4. a reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
       5. 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 3rd June 2019