5.1. We may, on providing the notice set out in 5.3 below and where it is in our legitimate interest to do so, make changes to these Terms and Conditions from time to time, including, without limitation, in relation to:
5.1.1. the period for expiry of existing or future points or Flybuys Dollars in your account; and
5.1.2. the operation of the Flybuys program.
5.2. Notwithstanding anything in this clause 5 we will not reduce the value of your existing points balance.
5.3. We will give you reasonable notice of any change to the Terms and Conditions or as set out in 5.1:
5.3.1. via the Flybuys website; and
5.3.2. where we, acting reasonably, consider that a change may have an adverse impact on you, by email (to the most recent email address provided by you).
5.4. In addition to the right to terminate in 3.6.2, we may suspend or terminate your Flybuys membership immediately on written notice by email using the most recent contact details where you:
5.4.1. Materially fail to comply with these Terms and Conditions and the breach cannot be remedied or, if the breach can be remedied and you do not remedy it within 14 days’ of Flybuys providing written notice to you;
5.4.2. deliberately provide misleading information or make any misrepresentation to us or to any Participant in connection with Flybuys; or
5.4.3. are abusive or offensive to any of our or our Participants' staff.
5.5. Where your Flybuys membership is terminated, you will cease to be entitled to earn and redeem points.
5.6. Respecting your personal information is very important to us. The Flybuys Privacy Policy forms part of these Terms and Conditions. The Flybuys Privacy Policy sets out what personal information we collect, how we use it, to whom we may disclose it and what your privacy choices are. Our Privacy Policy can be viewed here https://experience.flybuys.com.au/policies/privacy-policy/ and is also available on the Flybuys website or by request from the Flybuys Service Centre.
5.7. We may provide your personal information to parties involved in a purchase or potential purchase of any part of our business in accordance with the Flybuys Privacy Policy.
5.8. We may decide to terminate the Flybuys program for any reason on at least 90 days’ notice (except where we become insolvent or enter administration, in which case we may terminate the Flybuys program immediately). Flybuys will contact you by email using the most recent contact details you have provided at reasonable intervals prior to termination of the Flybuys program. You will continue to be able to redeem points and Flybuys Dollars at during the notice period, but we will not otherwise be liable to you for the termination of the Flybuys program or for any points or Flybuys Dollars in your account at the time of termination.
5.9. You have certain statutory guarantees, rights and remedies under the Australian Consumer Law and which cannot be excluded, restricted or modified. Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.
5.10. Subject to clause 5.9 and to the extent permitted by law, neither party shall be liable to the other for consequential loss.
5.11. Subject to clause 5.9 and 5.10, where fair and reasonable to do so, and to the extent permitted by law, our liability to you arising out of or in connection with these Terms and Conditions, whether in contract, or any other basis in law or equity is limited to $10,000.
5.12. limitation of liability in clause 5.11 does not apply or limit liability of Flybuys in respect of:
5.12.1. negligence
5.12.2. willful misconduct; or
5.12.3. breach of law by Flybuys
5.13. Each party will use reasonable endeavours to mitigate losses it suffers under or in connection with these Terms and Conditions.
5.14. Each party’s liability is reduced proportionally to the extent that any act or omission by the other party or their personnel caused or contributed to the act or omission giving rise to the first party’s liability.
5.15. Any tax, liability, or duty incurred by a member arising from a member's participation in the Flybuys program is the responsibility of the member.
5.16. In these Terms and Conditions "we", "us", or "our" means Loyalty Pacific Pty Ltd (ABN 82 057 931 334) or its authorised representatives. Each exclusion or limitation of liability in favour of us applies also to Coles Supermarkets Australia Pty Ltd and their Related Bodies Corporate. For details of how to contact us, please see the Flybuys website or contact the Flybuys Service Centre.