Flybuys Terms & Conditions

1. Membership

2. Your obligations

3. Earning points

4. Rewards

5. General

1. We may, in our discretion, make any change we see fit to these Terms and Conditions, including, without limitation:
   1. the range of Participants and Qualifying Transactions;
   2. the points you can earn on Qualifying Transactions;
   3. the range of rewards and the number of points required for rewards;
   4. the period for expiry of existing or future points or Flybuys dollars in your account.
2. We will give you notice of any change to the Terms and Conditions or as set out in 5.1, at our sole discretion:
   1. via the Flybuys website; and/or
   2. by direct communications sent to members.
3. In addition to the right to terminate in 3.6, we may terminate your Flybuys membership immediately and without notice where you:
   1. fail to comply with these Terms and Conditions;
   2. provide misleading information or make any misrepresentation to us or to any Participant in connection with Flybuys;
   3. are abusive or offensive to any of our or our Participants' staff
4. Where your Flybuys membership is terminated, all members on your Flybuys account will cease to be entitled to earn and redeem points and your points will be deleted.
5. 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 is available on the Flybuys website or on request from the Flybuys Service Centre.
6. We may provide your personal information to parties involved in a purchase or potential purchase of any part of our business.
7. We will not be liable to you for the termination of the Flybuys program for any reason whatsoever, including (without limitation) for any points or Flybuys dollars in your account at the time of termination.
8. Any liability we may have to you in negligence, breach of contract or otherwise, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any goods or services supplied by Flybuys whether express or implied by statute, are excluded to the extent permitted by law, and, where liability cannot be excluded, our liability to you will in all cases be limited to:
   1. the cost of re-supplying the goods or services or repairing, or paying the costs of repairing, the goods;
   2. reinstating number of points in dispute; or,
   3. where the dispute relates to a reward, the number of points required to redeem the reward.
9. 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.
10. Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.
11. 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.

1. Definitions

   Flybuys dollars

   means the credit held in your account following exchange of points by you, which can be used when you present your Flybuys card on transactions at those Participants who offer this reward facility.

   Flybuys program

   means the loyalty program managed by us under which a Flybuys member earns points on Qualifying Transactions and qualifies for rewards under these Terms and Conditions.

   Participant

   means those companies (and other persons) who have agreed with us to issue points to Flybuys members under the Flybuys program and/or provide rewards in exchange for points.

   Qualifying Transaction

   means a transaction with a Participant for goods or services on which the Participant issues points.

   Related Bodies Corporate

   has the same meaning as in the Corporations Act 2001.

   Service Centre

   means the call centre operated by or on behalf of us for the purposes of the Flybuys program.

   Terms and Conditions

   means this document, and any other documents referred to in it.

   You

   means, unless these Terms and Conditions indicate otherwise, each Flybuys member, including any additional members, on a Flybuys account.

Flybuys App Terms of use

1. General

   1. By installing the Application and each time that You use the Application, You agree to be bound by these Terms of Use. You must not do anything with this Application which is not expressly permitted by these Terms of Use.
   2. We may at any time for any reason and without notice modify, suspend, withdraw or terminate operation of or access to the Application including any functionalities. We may also upgrade the Application for fixes, and to add support for new functions or services.
   3. We may change these Terms of Use from time to time. We suggest that You check these Terms of Use for any changes. Your continued use of the Application following any changes will mean that You accept and agree to the updated version of these Terms of Use.

2. Conditions of Using Application

   1. As long as you comply with these Terms of Use We grant You a personal non-exclusive, non-transferable free revocable licence to use the Application for Your personal use in accordance with these Terms of Use.
   2. Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent.
   3. You will not, nor allow third parties on Your behalf to: (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create any kind of derivative works of the Application.
   4. You will be responsible for any third party fees and charges incurred by You in relation to accessing the Application.

3. Proprietary Rights

   1. All intellectual property rights in the Application are either owned or controlled by Us or the third party licensing Us to use their Content.

4. Security

   1. The flybuys Privacy Policy forms part of these Terms of Use. By using the Application You agree, by logging into the Application using Your flybuys membership details, that We will collect data and related information about Your use of the Application and engagement in the flybuys program. This includes activation of offers, redemption of points for rewards, collection of points at Our participating partners, updatingYour details, opting into ‘boosters’ (formerly coupons received in the mail) and general engagement with the Application. Technical information and preferences about Your device, system and application software. We collect this information to provide You with the functionalities of the Application and to optimise Your user experience including to better understand your requirements and preferences for using the Application and to facilitate the provision of updates.
   2. You are responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorized use of Your account or password, or any other breach of security.

5. Limitation of Liability

   1. Except where prohibited by law, We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use of or access to the Application, or Your provision of flybuys membership details to any third party, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or otherwise.
   2. We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

6. Disclaimer of Warranties

   1. Other than those implied by law and which cannot be excluded the Application is provided "as is" and "as available" without warranty of any kind. We will use reasonable efforts to make the Application available at all times, however the quality and availability of the Application may be affected by factors outside Our reasonable control such as Your internet connection or other network issues.
   2. To the maximum extent permitted by law We disclaim all express and implied warranties with regard to the Application including accuracy, merchantability and fitness for particular purpose.

7. Effects of Termination

   1. Upon any termination, the rights and licenses granted to you will immediately terminate and You must cease using the Application.

8. Governing Law

   1. The laws of the State of Victoria and the Commonwealth of Australia govern these Terms of Use.

       

9. Definitions

   In these Terms of Use:

   Application

   Application means the application provided by Us relating to products and services We offer and any upgrades and other software enabling use of the Application.

   Content

   Content means all copyright, database rights text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights.

   Related Bodies Corporate

   Related Bodies Corporate has the same meaning as in the Corporations Act 2001.

   Terms of Use

   Terms of Use mean these terms and conditions governing Your use of the Application.

   Us, We, Our

   Us or We or Our means 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 its Related Bodies Corporate. You means the person to which the device is registered or the person authorised to use the device, upon which the Application is installed.

Flybuys Website Terms of Use

The website and services available at flybuys.com.au (the Website) are governed by these Terms of Use. The Website is operated by Loyalty Pacific Pty Ltd ABN 82 057 931 334 (“Loyalty Pacific”). In these Terms of Use, ‘flybuys, ‘us’, ‘we’ and ‘our’ means Loyalty Pacific and any related bodies corporate.

1. 1. Acceptance of Terms of Use

      1. By accessing or using the Website you agree to be bound by these Website Terms of Use as they exist at that time, as well as our Privacy Policy (available on our website). The date of these terms is set out below. If you do not agree with these Website Terms of Use or our Privacy Policy (including any amendments to these terms and our policy) you must immediately cease using the Website
      2. We may amend these Website Terms of Use from time to time. You should check this page from time to time for changes. Your continued access to and use of the Website constitutes your acceptance of any revisions or changes to these Website Terms of Use.

   2. Your Use of the Website

      1. You agree to only use the Website in accordance with these Website Terms of Use and applicable laws. You may be held personally liable for any unlawful use of the Website.
      2. You must not:
         1. use data mining or similar data gathering tools or attempt to copy any of the data available via the Website;
         2. upload or permit any virus or malicious code to adversely affect the Website or any associated equipment; or
         3. reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the Website or any part thereof.
      3. You must not use the Website to:
         1. mislead or deceive others;
         2. infringe the rights (including intellectual property rights) of flybuys or any third party;
         3. impersonate, or otherwise misrepresent your identity or affiliation with any other person or entity;
         4. interfere with or disrupt the operation of the Website;
         5. defame, abuse or harass any individual;
         6. collect or store data about other users of the Website; or
         7. violate any law.
      4. If you think any content or material on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us by calling 13 11 16 between Monday to Friday, 9am-7pm.

   3. Intellectual property rights

      1. We own or license all of the intellectual property rights in the materials, information and content on this Website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website. This content is protected by copyright laws in Australia and overseas.
      2. You may access, download and print content from this Website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website without our prior written consent.
      3. You must not remove any copyright or trade mark notices from any materials included in the Website.
      4. The Website includes trade marks which are protected by law. You may not use our trade marks without our prior written consent, except to legitimately identify our products or services. You may not use any other trade marks that appear on the Website without the consent of the trade mark owner.
      5. We reserve the right to review, edit, move or delete any content or material displayed on or through the Website at any time without notice and without liability.

   4. Security

      1. The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.
      2. Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

   5. Liability

      1. To the maximum extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise as a result of using the Website or any content, information or service available on or from the Website and you release the released parties from all such claims and liability.
      2. You indemnify and hold flybuys and its directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your breach of these Terms of Use or any law, or any activity you engage in via the Website.
      3. The Website is provided “as is”. To the fullest extent permitted by law, flybuys excludes all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the Website. Without limitation, flybuys does not warrant that:
         1. the Website or any of its functions will be uninterrupted or error free;
         2. defects will be corrected; or
         3. the Website or any server that makes it available is free of errors, viruses or malicious code.
      4. In respect of any conditions, warranties and guarantees which cannot be excluded under statute, to the extent permitted by law, the liability of flybuys for a breach of such condition, warranty or guarantee is limited (at its option) to the replacement, repair or resupply of the relevant goods or the resupply or a refund of the cost of the relevant services.

   6. Linking and framing

      1. The Website may contain links to other sites and may display content or information from other sites within frames on this Website. We are not responsible or liable for third party content or information, and do not warrant the accuracy, completeness, currency or suitability of that information for any purpose.
      2. You may link to our Website provided you do so in a way that accurately indicates that the link is to a Loyalty Pacific page and is not misleading.

   7. Use of electronic addresses

      1. We may publish electronic addresses of our employees, officers and partners on this Website for business purposes only. The publication of those electronic addresses should not be taken as consent by such employees, officers and partners to receiving unsolicited commercial electronic messages not directly related to Loyalty Pacific.

   8. Termination or suspension of Website

      1. We have the right to terminate or suspend the operation of the Website (including in part) for any reason without notice and without liability. We may (without limitation) suspend the Website to conduct maintenance or implement updates.

   9. Monitoring by flybuys

      1. You acknowledge that flybuys has no obligation to monitor your use of the Website, but it has the right to do so at any time for its own business purposes, including as required to determine your compliance with these Terms of Use or to implement updates.

   10. Privacy

       1. Any personal information we collect about you via this Website or otherwise will be dealt with in accordance with our Privacy Policy.
       2. We may use cookies and other technologies to identify your computer on our server and so we can track your use of this Website. In some instances cookies or other technologies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

   11. Entire agreement

       1. These Website Terms of Use constitute the entire agreement between us and you with respect to the Website.

   12. No waiver

       1. If we do not take action in relation to a particular breach of these Website Terms of Use or our Privacy Policy, this will not be treated as a waiver by flybuys of any right or remedy in respect of any existing or future breach of these terms or our Privacy Policy.

   13. Governing law

       1. These Website Terms of Use will be governed and construed by the laws of Victoria, Australia and you unconditionally submit to the non exclusive jurisdiction of the courts having jurisdiction there.
       2. If any provision of these Website Terms of Use is found to be invalid or unenforceable, the provision will be deemed severed from the Website Terms of Use and the remainder of the terms will continue in full force and effect.
       3. Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content. 

   14. Contact details

       You can contact us as follows:

       Phone:	13 11 16
       Address:	PO Box 12125, A'Beckett Street, Melbourne, VIC 8006

Last updated: 11 September 2020