Website Terms and Conditions
Shopping Terms and Conditions of Use and Sale
Welcome to MyRewardClub.com.au (the "Reward Club Store"), operated by The Australian Post-Tel Institute of WA, known as “APIWA” (ABN 90 046 130 140). The website provides features, products, links, and services to you when you visit APIWA or shop at the MyRewardClub.com.au link (the "website"), use APIWA products or services, use APIWA applications for mobile, or use software provided by APIWA in connection with any of these “Services". APIWA provides services and sells products to you subject to the conditions set out on this page. Australian consumers have certain rights under the Australian Consumer Law ("ACL"). These Conditions of Use and Sale are not intended to affect your rights as an Australian consumer under the ACL. These conditions are to be read in conjunction with the Membership and Holiday Home Terms and Conditions, available at www.apiwa.com.au, and www.MyRewardClub.com.au.
Please read these conditions carefully before using APIWA Products and Services. By using APIWA Products and Services, you agree on behalf of yourself and all members of your household and others who use any APIWA Product or Service under your APIWA Account, to be bound by these conditions. We offer a wide range of APIWA Products and Services, and sometimes additional terms may apply.
When you use an APIWA Product and/or Service, you will also be subject to the terms and conditions and policies applicable to that APIWA Product or Service. Important Warning: giving false, misleading, or inaccurate information in the Notice Form to APIWA may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
1. PRIVACY - Please review our Privacy Policy to understand how we collect and process your personal information through APIWA.
2. ELECTRONIC COMMUNICATIONS - When you use any APIWA Product or Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or any other appropriate manner. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT AND OTHER RIGHTS - All content included in or made available through any APIWA Product or Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations are the property of APIWA or its content suppliers and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.
Other than to the extent necessary to use any APIWA Product or Service for its permitted purpose and in accordance with these Conditions of Use and Sale, you may not copy, extract and/or re-utilise any content of any APIWA Products or Services without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any APIWA Product or Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any APIWA Product or Service or its content without our express written consent.
4. TRADEMARKS - Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any APIWA Product or Service are trademarks of APIWA. APIWA's trademarks may not be used in connection with any product or service that is not APIWA's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits APIWA. All other trademarks not owned by APIWA that appear in any APIWA Product or Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by APIWA. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of APIWA without our express written consent. You may not use any meta tags or any other "hidden text" utilising APIWA's names or trademarks without our express written consent. Sellers consent and provide APIWA unequivocal full authority to use their trademarks on the “Reward Club” website or any other APIWA advertisement in order to promote an offer to users.
5. RIGHTS OF ACCESS AND USE - APIWA or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the APIWA Product or Services. The right granted to you does not include any license or permission to use the APIWA Product or Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any APIWA Product or Service or any part thereof. All rights not expressly granted to you in these Conditions of Use and Sale are reserved and retained by APIWA or its licensors, suppliers, publishers, rights holders, sellers, or other content providers. You may not misuse the APIWA Product or Services. You may use the APIWA Products or Services only as permitted in accordance with law.
6. YOUR APIWA ACCOUNT - For the purposes of these Conditions of Use and Sale, your APIWA Account means the account you use to access and/or use the APIWA Store or any APIWA Product or Service. You may need your own APIWA Account to use certain APIWA Product or Services, and you may be required to be logged into your APIWA Account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your APIWA Account. Only APIWA members, as described in the Constitution are eligible to have and use an APIWA account.
You are responsible for maintaining the confidentiality of your APIWA Account and password. Except to the extent caused by our breach of these Conditions of Use and Sale, you are responsible for all activities that occur under your APIWA Account regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or APIWA Account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes.
You may not use any APIWA Product or Service: (i) in any way that causes, or is likely to cause, any APIWA Product or Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an APIWA Products or Services; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and Sale.
If we have concerns with your APIWA Account, or activity relating to your APIWA Account, or if you are in breach of applicable laws, these Conditions of Use and Sale, we reserve the right to take action, including without limitation by (i) restricting, suspending, terminating or refusing any APIWA Product or Service; (ii) suspending or restricting access to your APIWA Account; (iii) terminating your APIWA Account; or (iv) removing or editing content you post using your APIWA Account. The action we elect to take and any notice you may receive, and any opportunity to rectify will vary depending on the APIWA Product or Service, the circumstances and our reasonable assessment of relevant factors . Any action taken in accordance with (i)-(iv) above may, result in suspension or termination of other APIWA Product or Services, including membership.
7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT - You may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) APIWA a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) APIWA, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to cooperate and assist APIWA to perfect any of the above rights granted by you to APIWA, at our request.
You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and Sale; and (iii) does not breach any applicable laws.
You agree to indemnify APIWA for all claims brought by a third party against APIWA arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
8. OTHER BUSINESSES – Parties, individuals and affiliates, other than APIWA provide services, or sell products on the APIWA operated website(s) and we provide links to the sites of affiliated companies and other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use. We will do our best to ensure we partner with reputable sellers, but make no guarantee and buyers must beware.
9. APIWA'S ROLE - APIWA allows third party sellers to list and sell their products on the APIWA Store and associated Website(s). The relevant seller is indicated on the respective product detail page. While APIWA helps facilitate transactions that are carried out on the APIWA Store, APIWA is neither the buyer nor the seller of the seller's items. APIWA provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller. APIWA is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent (except for the limited purpose of acting as the seller's payments collection agent). The buyer satisfies their obligations to the seller when a sale proceeds. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because APIWA wants the buyer to have a safer buying experience, APIWA may remove the seller at any time.
Unless expressly indicated otherwise, APIWA is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to them directly. For healthcare products, content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. APIWA accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
10. DISCLAIMER AND LIABILITY - Unless otherwise stated in another APIWA Term & Condition, in these Conditions of Use and Sale, APIWA disclaims, and does not make, any representation or warranty of any kind in respect of the APIWA Products or Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the APIWA Products or Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the APIWA Products or Services. Unless otherwise stated in writing, APIWA disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us.
APIWA will not be responsible for: (i) losses arising from the unavailability of, any product, or your inability to use any APIWA Products or Services , (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses including but not limited to losses arising out of the cost of replacement, or recovery or recoupment of any investment made by you in connection with these Conditions of Use and Sale or any APIWA Product or Service, even if APIWA has been advised of the possibility of such costs or damages; and (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product or for any other loss relating to an APIWA Product or Services, we limit our liability to the amount you have paid to us for the relevant APIWA Product or Service.
Nothing in these Conditions of Use and Sale is intended to: (i) override any express commitments APIWA gives to you for particular APIWA Products or Services (for example, commitments APIWA gives to provide a refund of fees in certain circumstances); (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law; (iii) limit or exclude our liability to you for losses, to the extent such loss is caused by our gross negligence or criminal conduct; or (iv) require any indemnity you provide to us under these Conditions of Use and Sale to extend to losses to the extent caused by our gross negligence or criminal conduct. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.
11. APPLICABLE LAW - The laws of Western Australia govern these Conditions of Use and Sale and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Conditions of Use and Sale will only be adjudicated in the courts of Western Australia. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights.
12. APIWA PRODUCT OR SERVICES - We reserve the right to cease providing any APIWA Product or Service, or any part thereof, to discontinue any APIWA Product or Service and to make changes to any APIWA Products or Services, including adding or removing content from APIWA Products or Services at any time. Where we make a materially adverse change to an APIWA Product or Service, as reasonably determined by us, we will provide advance notice to you. Your access to APIWA Products or Services may be suspended or restricted without notice in accordance with these Conditions of Use, including, without limitation, for legal, regulatory, fraud and abuse prevention or security reasons and as reasonably necessary for our business operations, including without limitation to allow for repairs, maintenance or the introduction of new features or services.
13. AMENDMENTS - We reserve the right to make changes to any Conditions of Use and Sale at any time by posting the changes on APIWA.com.au or MyRewardClub.com.au, or such other website or application that is used to provide the APIWA Products or Services. Where we make a materially adverse change to these Conditions of Use and Sale or any applicable Terms and Conditions, as reasonably determined by us, APIWA will provide notice to members. You will be subject to the Conditions of Use and Sale made available on the relevant website or application at the time that you use, order or read the APIWA Products or Services. You may at any time, cease using any APIWA Product or Services, terminate your APIWA Account, membership or the relevant APIWA Product or Service including in the event of any such change.
14. SEVERABILITY - If any of these Conditions of Use and Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15. WAIVER - If you breach these Conditions of Use and Sale, and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use and Sale.
16. CHILDREN - We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the APIWA Products or Services only with the involvement of a responsible person, parent or guardian. Membership and account access is not available to persons under the age of 18 by APIWA.
17. ADDITIONAL APIWA SOFTWARE, PRODUCTS AND SERVICES TERMS - 1. You may use APIWA Software solely to use and enjoy the APIWA Products or Services as provided by APIWA, and as permitted by the Conditions of Use and Sale. You may not incorporate any portion of the APIWA Software, Products or Services into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license any APIWA Software, Product or Service, or otherwise assign any rights to the APIWA Software, Products or Services in whole or in part. You may not use the APIWA Software, Products or Services for any illegal purpose. We may cease providing any APIWA Software, Products or Services and we may terminate your right to use any APIWA Software, Products or Services at any time. Your rights to use the APIWA Software, Products or Services may be terminated without notice from us if you fail to comply with any of the Conditions of Use and Sale. All software used in any APIWA Product or Service is the property of APIWA or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights. 2. Use of Third-Party Services. When you use the APIWA Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties. 3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the APIWA Software, Products or Services, whether in whole or in part, or create any derivative works from or of the APIWA Software, Products or Services offered. 4. Updates. In order to keep the APIWA Software, Products or Services up to date, we may offer automatic or manual updates at any time and without notice to you. 5. Should a deal, product or service be offered that is past validity date, the offer will be non-valid to the user and up to the discretion of the seller whether to honour the deal or not.
18. DELIVERY AND CUSTOMS - APIWA are not a delivery service provider, we are not liable to you for any deliveries or delivery related issues. When ordering products from a supplier advertised by APIWA, for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from APIWA for delivery outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us, and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
19. General contact - APIWA LEGAL DEPARTMENT, PO BOX 2626, PERTH WA 6001