Terms and Conditions

CRUST VIPP Loyalty Program
TERMS AND CONDITIONS

1. INTRODUCTION
   1. By registering as a Member for the Crust V.I.P.P Loyalty Program, also referred as the Crust Lovers Rewards program (CLRP), using the Crust App, using the Crust website, using or accessing your Crust Rewards or otherwise participating in the CLRP, you accept and agree to be bound by the following terms and conditions (‘Terms and Conditions’) of the CLRP provided by RFGA Management Pty Ltd ACN 071 764 609 (‘Crust’).
   2. These Terms and Conditions are intended to protect Members and Crust. It is the Member’s responsibility to read and understand them.
   3. The CLRP remains the property of Crust at all times.
   4. These Terms and Conditions will be construed according to and governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia.
   5. Crust may amend, suspend or terminate these Terms and Conditions from time to time. The current terms and conditions are those available at https://www.crust.com.au/aboutus/terms-and-conditions/. Members will be provided with a copy of the Terms and Conditions at the time of joining the CLRP and material changes will be notified to Members in accordance with clause 6.
   6. Any failure or delay by Crust in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights and any waiver by Crust must be in writing and signed by an authorised officer of Crust.
   
   
   
2. REQUIREMENTS FOR MEMBERSHIP IN CRUST LOVERS REWARDS PROGRAM
   1. An individual is eligible to become a Member of the CLRP if:
      (a) they have a unique email address and a residential address in Australia;
      (b) are over 16 years of age; and
      (c) that individual either, in accordance with the terms herein:
      
      i. downloads and registers in the Crust App; or
      ii. completes the Registration at https://www.crust.com.au/users/loyalty
      
   2. Notwithstanding clause 2.1, Membership is offered at the sole discretion of Crust. To avoid doubt, Crust may accept or reject any application to participate at its sole and absolute discretion (acting reasonably).
   3. Membership is not available to Crust staff (including all Franchisee’s), employees and associated family members.
   4. Membership is limited to one (1) account per person and is not transferable. Crust reserves its rights to disable or delete accounts that are found to be in duplicate to another account (acting reasonably).
   5. Membership is free.
   6. Membership of the CLRP is conditional on acceptance of these Terms and Conditions and the collection, use and disclosure of a Member’s personal information in accordance with the Crust Privacy Policy referred to herein, as amended from time to time with notice to the Member.
   
   
   
3. MEMBER OBLIGATIONS
   1. Members are to inform Crust via written notice if:
      (a) their personal details change (including, but not limited to, their address, email address or phone number) as soon as practicable after the change;
      (b) their mobile device is lost or stolen; and/or
      (c) they would like to close their account.
      
   2. Members can make changes to their details directly at https://www.crust.com.au/users/my_account via the Crust website or under the ‘My Account’ Section on the Crust App, e-mailing marketing@crust.com.au or by calling 1800 867 619 or post to Crust Marketing Team, Level 4/35 Robina Town Centre Dr, Robina QLD 4226.
   3. Members are to keep their CLRP details safe, secure and confidential.
   4. Crust is not responsible for any loss (financial or otherwise), loss of points or benefits available to CLRP Members in connection with any failure by a Member to duly notify Crust of any change in their details.
   5. Crust is not liable for any unauthorised use of the Crust website or App, this includes, but is not limited to, any delay by a Member to report a lost, misplaces of stolen Crust App
   6. The CLRP or any associated rewards are not legal tender, credit or debit cards and remain the property of Crust.
   7. Members must not:
      (a) act in any way which breaches these Terms and Conditions; or
      (b) abuse or misuse the CLRP or any rewards accorded to the Member as a result of Membership including by:
      
      (i) engaging in illegal or fraudulent activities;
      (ii) supply or attempting to supply false or misleading information, or making a misrepresentation to Crust;
      (iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward other than in accordance with these Terms and Conditions;
      (iv) acting in a hostile, abusive or aggressive way towards any Crust staff.
      
      
      
      

      ERRORS, LOST OR STOLEN DEVICE

   8. Should a Member wish to make a claim for any errors in the allocation of Crust Rewards, they must email Crust at marketing@crust.com.au with a detailed summary of the error they believe has occurred and supporting receipts for the transaction within twenty eight (28) days of the transaction that took place.
   9. The Member must notify crust immediately if your Smart Phone containing the Crust App has been lost or stolen, by contacting the Crust Marketing Team in accordance with clause 3.8.
   10. If a Member’s smart phone has been lost or stolen:
       (a) Crust Rewards will not accrue once a Member has reported a mobile device as lost or stolen to Crust, and time has been given for the account to be secured, until a replacement account via the Crust App has been activated and issued.
       (b) Crust may issue the Member with a new customer number.
       (c) Any Crust Rewards earned by a Member as at the date of valid notification to Crust that the mobile device was lost or stolen will be transferred to the Member’s Crust App account.
       (d) Any Crust Rewards earned on the CLRP that was not registered may be cancelled without compensation at Crust reasonable discretion in accordance with these Terms and Conditions.
       
   11. Crust may request information or identification from a Member confirming the Membership to the CLRP. If you do not provide the requested identification or information Crust may not be able to cancel or activate a new Membership or transfer any accrued Crust Rewards or credit points.
       
       

       CANCELLATION, SUSPENSION and TERMINATION

   12. Crust reserves the right, at any time without notice, to immediately:
       (a) terminate the CLRP;
       (b) suspend or terminate Membership in the CLRP at its sole discretion (acting reasonably);
       (c) decline to issue or cancel the Crust App (including any replacement)
       (d) reject an application for Membership; or
       (e) reverse any Crust Rewards credited to an account.
       
   13. Members agree that the grounds for Crust doing any of the acts in clause 3.12 include (but are not limited to):
       (a) a breach of these Terms and Conditions;
       (b) conduct that is an abuse of Membership, the CLRP or undermines the legitimate interests of Crust;
       (c) where Crust Rewards are earned by fraudulent, misleading or dishonest conduct or suspected fraudulent, misleading or dishonest conduct;
       (d) a Member has not used their Crust Rewards for twelve (12) months, including earning or redemption of Crust Rewards within a consecutive twelve (12) month period;
       (e) death or bankruptcy of the Member; or
       (f) any other reason Crust deems reasonable.
       
   14. If Crust terminates or suspends a Membership, it may at its sole discretion terminate any or all CLRP Rewards earned on the CLRP without compensation.
   15. If Crust terminates the CLRP by giving the Member at least fourteen (14) days’ Notice:
       (a) the Member will not be eligible to earn Crust Rewards from the date of the Notice;
       (b) the Member’s existing allocation of Crust Rewards will be forfeited and cancelled, and Crust shall have no further liability to the Member.
       
   16. A Member may terminate their Membership at any time by providing written notice by email to Crust. In terminating their Membership, a Member:
       (a) will not be eligible to earn Crust Rewards from the date of providing Crust with written notice;
       (b) any existing allocation of Crust Rewards will be forfeited and cancelled, and Crust shall have no further liability to the Member.
       
   17. Deleting the CLRP App will not terminate a Member’s account.
   
   
   
4. CRUST LOVERS REWARDS
   1. The CLRP entitles Members to receive a free large pizza after nine (9) pizzas (of equal or greater value) are purchased (i.e. 10th large pizza is free) (Free Pizza Reward). A default minimum spend applies for delivery orders and can not be used with any other offer.
   2. Members will receive one (1) free large pizza each year on their birthday month, which will be issued directly on the Members account via the Crust App or website on the first day of their birthday month (Birthday Reward). The Birthday Reward will be valid for thirty-one (31) days from the Members birthday month provided at the time of Registration. A default minimum spend applies for delivery orders and can not be used in conjunction with any other offer.
   3. To be eligible to receive the Birthday Reward:
      4.3.1 The individual must become a Member (per clause 2.1 above) and purchase one (1) large pizza at least one (1) month prior to their birthday; and
      4.3.2 The Member must purchase at least one (1) large pizza (under their Membership) in each twelve (12) month period following receipt of any Birthday Reward in order to be eligible for subsequent Birthday Rewards.
      
   4. A reward for the purposes of CLRP, is earned each time the Member is logged in via the Crust App or the website and purchases a large or extra large pizza at a participating Crust store (“Qualified Purchase”). For the avoidance of doubt a Qualified Purchase can only be placed online, it cannot be placed instore. A Qualified Purchase excludes all Catering Purchases.
   5. For each Qualified Purchase, the Member will receive one (1) credit point. Each credit point will remain valid for twelve (12) months from the date such point was received. After having accrued nine (9) credit points, the Member will receive one (1) free large pizza of their choice. The Free Pizza Reward must be redeemed within three (3) months from the date that the ninth (9th) credit point was applied to the Members account.
   6. For the avoidance of doubt the Free Pizza Reward or Birthday Reward is a large size only. If two (2) or more Large pizzas are purchased in the same transaction, the cheapest large pizza price will be the Free Pizza Reward or Birthday Reward. Surcharges apply in accordance with current deals terms and conditions when redeeming the Free Pizza Reward and Birthday Reward. when redeeming the Free Pizza Reward and Birthday Reward. The Free Pizza Reward excludes half & half and kids pizzas.
   7. To obtain a credit towards a Free Pizza Reward:
      (a) Members must, at the beginning of the purchase of their pizza, ensure they are logged into the Members ‘My Account’ section via the Crust website or App when placing an order.
      (b) In order for a purchase to be counted as a Qualified Purchase, the above steps must be complied with.
      (c) Crust Rewards will be awarded to the Members Crust Rewards account after their transaction has completed and are only recognised and available after they are successfully processed to the Member’s CLRP Account.
      
   8. Members can view the pizza count acquired on their CLRP Account at any time by visiting the ‘My Account’ section of the Crust App or by visiting https://www.crust.com.au/users/loyalty and entering their valid login details.
   9. A Member may redeem no more than one (1) accrued Free Pizza Reward and/or Birthday Reward within any single transaction.
   10. Members will be provided ten (10) days’ notice, via email (as applicable), SMS or via notifications within the Crust App of any Crust Rewards that are due to expire so that they may avail themselves of the CLRP and any accrued Crust Rewards.
   11. Crust Rewards are not able to be redeemed or exchanged for other items, or any currency whatsoever, including Australian dollars.
   12. Member’s rights under these Terms and Conditions cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.
   13. Crust Rewards are not the personal property of the Member and are only redeemable for Crust Rewards that form part of the CLRP (as amended from time to time by Crust) and always only at participating Crust Stores.
   14. Crust Rewards can only be earned by a Member for personal benefit and must not be used for any commercial or not-for-profit association purposes unless expressly authorised by Crust in writing.
   15. Crust will reverse from a Member’s CLRP account any rewards that have been or are to be credited to that Member’s CLRP account that:
       (a) have been credited to their CLRP account in error; and/or
       (b) relates to a transaction which has been cancelled, reversed, or relates to a refund given; and/or
       (c) there are other grounds Crust considers reasonable to warrant a reversal including (without limitation) Crust Rewards awarded through fraudulent, misleading or deceptive conduct by the Member, or persons associated with the Member.
       
   16. Crust may introduce promotion programs relating to the CLRP whereby these Terms and Conditions may be varied as applicable to such programs.
   17. Crust reserves the right to de-register and make ineligible for any reward a Members account that has incurred an Inactive Period for twelve (12) consecutive months.
   18. All Crust Rewards are subject to availability. Crust is not responsible if a reward is not available for any reason. Participating Crust stores may substitute a Crust Reward, at the owner’s discretion, in the event said reward is not available.
   19. Crust reserves the right to request identification from the Member that they are the registered CLRP Member.
   
   
   
5. ADDITIONAL BENEFITS AND PROMOTIONS
   1. Members may qualify for other benefits or rewards or promotions which may be offered by Crust from time to time (“Other Benefits or promotions”).
   2. Other Benefits or promotions will be advertised by Crust and/or its associated entities or franchisees by a method at the direction of Crust (this may include by mail, SMS, email, in participating Crust Stores’ advertising material, social media and/or the Crust website https://www.crust.com.au/users/loyalty and will have terms and conditions specific for that promotion.
   
   
   
6. CHANGES TO CLRP
   1. 6.1 Subject to clause 6.2, Crust, at its discretion, may make any changes (whether material or otherwise) to these Terms and Conditions, including, without limitation:
      (a) the range of Members and method of redemption.
      (b) the points or credit a Member can earn per transaction;
      (c) the range of Crust Rewards and the number of points or credit, or consideration, required for Crust Rewards;
      (d) the period for expiry of existing or future Crust Rewards on a Member’s account.
      
   2. Crust will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit the CLRP, to give Members at least twenty-one (21) days’ notice.
   3. Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Crust notifies Members of any change:
      (a) via the Crust website (https://www.crust.com.au/users/loyalty);
      (b) the CLRP My Account page portal;
      (c) by SMS;
      (d) via the Member’s last disclosed postal address;
      (e) via the Member’s mobile number; and/or
      (f) by any other direct communications sent to Members.
      
   
   
   
7. LIABILITY
   1. To the maximum extent permitted by law, Crust will not be liable to them in any way (including negligent acts and omissions) with respect to:
      (a) any breach of these Terms and Conditions (express or implied by law) by any person or representative other than an authorised representative of Crust;
      (b) any Crust Rewards that are unused as at the date of cancellation or termination of their Membership or the CLRP;
      (c) any unauthorised use of a CLRP membership as a delay to report fraudulent access of said membership;
      (d) for matters of and incidental to the termination or suspension of the CLRP, Membership or the CLRP;
      (e) Crust Rewards or other benefit provided to the Member under the CLRP;
      (f) any death, loss or damage as a result of the Membership under the CLRP;
      (g) any failure or inability to provide Crust Rewards caused by circumstances beyond its control (inclusive of disputes, acts of God, flood, weather, war or civil disturbance);
      (h) any government tax, duty, other charge or liability in respect of the CLRP incurred as a result of your Membership is the responsibility of the Member; and
      (i) any other liability, loss or damage incurred by the Member (or any other person) in connection with the CLRP.
      
   2. The Member agrees that the above limitation of liability also applies to Crust (and its Related Bodies Corporate within the meaning on that term under section 50 of the Corporations Act 2001 (Cth)). Nothing in these Terms and Conditions limits the Member’s rights under the Australian Consumer Law.
   
   
   
8. NOTICES
   1. The Member acknowledges and agrees that Crust may provide them Notice:
      (a) by email, post or SMS to the last known postal address or email address or mobile number provided by the Member at the time of Registration; or
      (b) on the Crust website https://www.crust.com.au/loyalty_updates/ or App.
      
   
   
   
9. PRIVACY, COLLECTION, USE & DISCLOSURE
   1. This privacy notice is provided to the Member by Crust and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.
   2. Crust’s Privacy Policy can be obtained via our website (http://www.crust.com.au/privacypolicy/). The Member acknowledges and agrees that they have read and understand the privacy policy, including (without limitation) the collection, use and disclosure of personal information.
   3. The Member consents to Crust contacting them from time to time, including email, telephone, post and electronic (i.e. SMS, internet) methods.
   4. Collection: The information Crust collects is:
      (a) the information provided by the Member on the registration page of the Crust App or website located at https://www.crust.com.au/users/loyalty;
      (b) transactional information when the Member shops using the Crust App or Website such as, but not limited to, the store(s) the Member shopped at, when the Member shopped, the Member’s purchases and method of payment;
      (c) information the Member may provide from time to time through contact with the Crust website or that the Member provides on the Crust Rewards website at https://www.crust.com.au or https://www.crust.com.au/users/loyalty;
      (d) information regarding the Member’s payment preferences in conjunction with the Crust App and/or website;
      (e) information to improve the Crust website and services, including by means of product development and market and behavioural research; and
      (f) information for operational management of the CLRP.
      
   5. Marketing consent: the Member provides their express consent to Crust:
      (a) sending the Member marketing communications via mail, email, SMS, in-app notifications or other digital means, including (but not limited to) news, updates, offers, and promotions.
      (b) The Member can opt out of receiving all or any communications listed above:
      
      (i) for email and digital advertising by updating their email preferences;
      (ii) for in-app notifications via their app preferences;
      (iii) for SMS messages, by opting out directly from an SMS.
      
   6. The use and disclosure of the Member’s personal information may include (but not limited to):
      (a) use of the Member’s information to keep them informed about promotions, products, offers, and discounts regarding Crust; and
      (b) for the planning, research, marketing and product, service development and to contact them as a result of any dealing they may have had at Crust or at a Crust Store.
      
   7. Crust will take all reasonable steps to ensure the Member’s personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by Crust.
   8. The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Crust is not liable for unauthorised access.
   9. The Member agrees that in using the Crust App and/or website, they consent to our use of the location of their device, in order that Crust can provide the Crust App and website functionalities to the Member, such as store location and delivery options.
   10. Crust reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access to information.
   11. This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the CLRP.
   
   
   
10. GENERAL
    1. In these Terms and Conditions “we”, “us”, or “our” means RFGA Management Pty Ltd ACN 071 764 609 (‘Crust’) or its authorised representatives.
    2. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
    
    
    

    DEFINITIONS

    “Catering Purchases” means all purchases and or orders placed through the Crust Catering portal: https://www.crust.com.au/catering/

    “CLRP” means the loyalty program operated and managed by Crust under which a Member may accrue or redeem Crust Rewards in accordance with these Terms and Conditions. The Crust Lovers Rewards Program may also be referred to as the Crust VIPP Loyalty Program.

    “Crust App” means the App scheme provided by Crust for use by each Member in relation to the Crust Rewards and/or purchases.

    “Crust Marketing Team” means the marketing team of Crust. The Crust Marketing Team can be contacted via the following methods:

    (c) email – marketing@crust.com.au

    (d) post – Crust Marketing Team, PO Box 4223 Robina, QLD 4230

    “Crust Rewards” means accrued Pizza count points and/or promotional prizes (including goods and services, as nominated by Crust from time to time in its absolute discretion and subject always to availability).

    “Crust Store” means any franchised or corporate operated Crust store (for a full list of store locations visit www.crust.com.au/stores/).

    “Inactive Period” means either one of the following as the context applies:

    (i) the time between the Purchase and Registration;

    (ii) the time between last use of the CLRP and when the CLRP membership was reactivated in accordance with these Terms and Conditions; or

    (iii) no purchase activity for twelve (12) consecutive months.

    “Member” means reference to ‘you’ and ‘your’ and a person who has Registered online in the CLRP.

    “Membership” means a Member of the CLRP.

    “My Account” means the Member’s home page located on the Crust App and website.

    “Registration” means registering your details (including your full name, sex, date of birth, email address, telephone or mobile phone number and postal address in the My Account section of the Crust App, and or at the Crust website https://www.crust.com.au/users/loyalty.

    “Terms and Conditions” means the CLRP Terms and Conditions set out in this agreement (as amended by Crust from time to time in accordance with this agreement).