West HQ Limited
West HQ Loyal – Loyalty Program Terms and Conditions
These are the Terms and Conditions of the Member loyalty program West HQ Loyal provided by West HQ Limited ABN 54 000 842 375 (West HQ, we, us or our). These Terms and Conditions are to be read in conjunctionwith any othertermsandconditionswhichwe publishfrom timeto time, includingany current Program Brochure published by us.
Definitions
(a) Affiliate means any other business participating in the West HQ Loyal from time to time.
(b) Benefits means those benefits available to Members in line with their tier eligibility under these Terms and Conditions.
(c) Card means a West HQ Loyal card.
(d) Effective Date means 1 January 2022.
(e) Eligible Transaction means a purchase of goods or services from us (excluding tickets for the Sydney Coliseum Theatre) or an Affiliate on which Points may be earned under these Terms and Conditions.
(f) Member means aneligible memberof West HQ who participates in West HQ Loyal onthese Terms and Conditions.
(g) Membership means your membership of West HQ.
(h) Points mean reward points earned on an Eligible Transaction, including from gaming turnover and food and beverage spend, that can be redeemed under these Terms and Conditions for value at West HQ owned and operated outlets.
(i) Premises means the premises where we operate West HQ Loyal as listed in the Program Brochure (excluding Zone Bowling).
(j) Program Brochure means the brochure published by us, as amended from time to time, on display in our Premises and/or on our website and containing participating facilities or other information which are deemed to form part of these Terms and Conditions.
(k) Terms and Conditions means the terms and conditions in this document which came into effect on the Effective Date and includes terms and conditions contained in the Program Brochure.
(l) tier means a level of membership of West HQ Loyal that is calculated by the number of Points accrued by a Member which determines the Benefits available to that Member.
(m) West HQ means West HQ Limited ABN 54 000 842 375.
(n) West HQ Loyal means our Member loyalty program.
(o) you/your means an individual Member who participates in West HQ Loyal.
1 West HQ Loyal is offered by West HQ to Members.
2 Participation in West HQ Loyal is granted subject to the provisions of West HQ's Constitution and the Registered Clubs Act 1976 (NSW). Participation further indicates acceptance of these Terms and Conditions (as amended from time to time).
3 To participate in the West HQ Loyal, proposed Members are required to complete the West HQ membership application form, provide appropriate identification, pay the membership fees and permitWest HQ to take a photographofthatproposed Memberforinclusionontheir membership card and be admitted to Membership of West HQ in accordance with its Constitution.
4 A Member is deemed to have opted into West HQ Loyal immediately upon using their valid Card during any gaming machine play or point of sale for an Eligible Transaction where Members are able to use or swipe their Card. A Member can opt out of West HQ Loyal by notifying West HQ.
5 The cost of Membership is set out in West HQ’s Constitution (which may be varied from time to time). There is no additional cost to participate in West HQ Loyal.
6 The financial year is defined as 1 January to 31 December.
7 Membership fees can be paid using Points accrued from West HQ Loyal.
8 Membership, Members' discounts and Benefits, tiers, earning and redemption of Points and other privileges are granted subject to West HQ's rules and these Terms and Conditions and are only issued to the Member who is the rightful holder of the Card.
9 There are five (5) tiers to West HQ Loyal: White, Red, Black, Emerald and Ultimate that entitles the Members to certain Benefits under the Program.
10 A Member may only have one Card at any one time.
11 All Cards remain our property and must be returned to us on request.
12 Your Card is not transferable and must only be used by you. If you use another person's Card, or allow another person to use your Card, then we may take disciplinary action against you under our Constitution. Points will not validly accrue on your Card while it is being used by another person.
13 Cards are not debit, credit or charge cards. Members are not permitted to deposit money on their Card.
14 For security reasons you may be required by us to select a 4 digit personal identification number (PIN) for your Card.
15 If you are required to select a PIN, you must not disclose your PIN to another person. You must not write your PIN on your Card or keep a record of your PIN where it could be easily accessed by another person, or be lost or stolen with your Card.
16 If you forget your PIN or wish to change it, we will re-set your PIN if you present your Card and other proof of identification acceptable to us.
17 You must sign your Card as soon as you receive it from us.
18 It is your sole responsibility to protect your Card and take precautions against theft, loss, damage or misuse. You must notify us immediately if your Card is lost, stolen, damaged or misused in any way, and we may then cancel your Card.
19 We are not responsible for:
(a) any loss of Points that is suffered by you or any other person, including in connection with any unauthorised dealing with your Points; or
(b) any other loss or damage of any kind in connection with the disclosure of your PIN to another person (whether intentionally or not) or your failure to keep your PIN secure, incurred prior to your notification to us that your Card has been lost, stolen, damaged or misused.
Participating in West HQ Loyal
20 To participate in West HQ Loyal you must activate your Card by swiping it at any point of sale or a Members swipe kiosk at our Premises, or, by swiping it or inserting it in any gaming machine at our Premises.
21 You are taken to have accepted these Terms and Conditions at the time you first activate your Card.
22 If you do not activate your Card, it may only be used to gain access to our Premises (as it is also your Membership card) in accordance with the terms of your Membership and for no other purpose.
Tiers and Tier point qualifications
23 The tiers in West HQ Loyal are:
(a) White (0 – 5,999 points);
(b) Red (6,000 – 44,999 points);
(c) Black (45,000 – 89,999 points);
(d) Emerald (90,000 – 149,999); and
(e) Ultimate (150,000 points or more).
24 The tier to which you are admitted on joining the West HQ Loyal is determined by us at our absolute discretion, and we may take into account:
(a) your prior point accrual history, including history at other clubs or hospitality venues, if any (new Members will be admitted to the White tier of West HQ Loyal, but we may admit new Members to a higher tier at our discretion); and
(b) ifyoujoinWestHQLoyalwhenweamalgamatewithanotherregisteredclub,onany points we agree that you may transfer from that club.
25 Subject to clause 24, to be eligible for any tier you must earn the number of Points required under West HQ Loyal within the qualifying period we specify from time to time.
26 Members who accrue sufficient Points to be eligible to join a higher tier will be elevated automatically at the conclusion of the calendar month that the Member accrued those Points.
27 The number of Points required to be eligible for each tier will be published by us from time to time in our Program Brochure.
28 A Member who has ceased to hold the number of Points required to remain in their current tier, may be moved to another tier for which they are eligible. Such tier movements will occur on 1 January each year and will be communicated to you via email or SMS.
29 Wemay permityouto remaininyourcurrenttieroncompassionategrounds atoursolediscretion, even if you have not earned or maintained the required number of Points.
30 Your Points balance will be re-set on 31 December each year regardless of when you joined unless determined otherwise by West HQ.
31 Members must keep their Membership at West HQ current and valid. If Members fail to renew their Membership all rights and Points in relation to West HQ Loyal will be forfeited.
Points
32 You will accrue Points on Eligible Transactions or by swiping or inserting your Card in a gaming machine at our Premises at the rate published by us at the time. Points cannot be accrued, and Points cannot be redeemed, on transactions conducted by telephone, email, via our website or otherwise in writing.
33 To accrue Points on an Eligible Transaction you must present your Card at the point of sale for swiping or scanning before completion of the Eligible Transaction. If you do not do this then we are not obliged to issue Points in respect of that Eligible Transaction, but may do so at our sole discretion.
34 You are responsible to ensure that your Card is swiped or inserted, and accrues Points, each time you use it at a gaming machine or a point of sale for an Eligible Transaction.
35 We are not liable for the failure to accrue Points on your Card on an Eligible Transaction or gaming machine use for any reason whatsoever. We are not liable for technical malfunctions and errors outside of our control.
36 Points will not be accrued on transactions made by Points redemption.
37 Points cannot be used to play any gaming machine at our Premises.
38 You may only redeem Points validly accrued by you. We may require proof of identification acceptable to us, at the time of redemption.
Benefits
39 West HQ will provide Benefits from time to time to participate in West HQ Loyal. These Benefits will vary depending on your Membership tier.
40 These Benefits will be listed on our Program Brochure that can be obtained from Customer Services or our website, see www.westhq.com.au .
Terminating Membership
41 Members may terminate their Membership to West HQ Loyal at any time at no charge, including if they do not agree to any changes made to the program, including its Terms and Conditions, Points, Benefits and any other privileges. Upon terminating their membership to West HQ Loyal, all Points andBenefitswill be forfeitedandanyremaining balances willrevertto zero. Termination of membership of West HQ Loyal will not automatically terminate Membership of West HQ.
42 West HQ may terminate membership to West HQ Loyal, or limit participation in any or all Benefits (including cancelling Points) if:
(a) A Member commits a material breach of the West HQ Loyal Terms and Conditions or any other terms for the services (including West HQ’s Constitution);
(b) A Member is suspended or expelled from West HQ or has been asked to leave or refuse entry;
(c) A Member is dishonest or offensive or brings West HQ or West HQ Loyal into ridicule or disrepute as considered by West HQ acting reasonably;
(d) A Member voluntarily resigns; or
(e) West HQ is required to do so in order to act legally or in accordance with the requirements of a government authority.
43 If membership of West HQ Loyal is terminated in accordance with clause 42, any Points, Benefits or other privileges will be forfeited from the date of termination.
44 If a person ceases to be a Member of West HQ, the person's membership of West HQ Loyal is automatically terminated.
45 If West HQ limits a Member’s participation to West HQ Loyal, there is no requirement for them to provide reasons for that decision.
46 West HQ may also suspend or terminate West HQ Loyal by providing reasonable prior notice to Members (except where West HQ is required to do so in order to act legally or in accordance with the requirements of a government authority, when notice will not be required). If West HQ Loyal ceases to operate and is not replaced by another loyalty program, Members can continue to redeem their Points accumulated prior to termination unless prohibited from doing so by law or the requirements of a government authority. After that time, all memberships of West HQ Loyal will be cancelled and all Points, Benefits and other privileges will be forfeited.
Privacy
47 Information about Members and their Membership will be held by West HQ. This information is collected by West HQ for the purposes of operating the West HQ Loyal and promoting products, services, promotions and events. West HQ may use and deal with your personal information in accordance with West HQ’s Privacy Policy available from Customer Services or by visiting www.westhq.com.au.
48 For information on how to gain access to personal information, how West HQ uses personal information or other privacy matters, please see West HQ’s Privacy Policy.
49 Members acknowledge that West HQ may have legal obligations to provide information to some third parties such as government gaming regulatory authorities and law enforcement agencies, as well as obligations to collect personal information under laws such as anti-money laundering and counter terrorism financing legislation.
General
50 Despite West HQ's best efforts, West HQ may experience technical malfunctions and errors outside of its control. In these circumstances, West HQ will not be liable for any loss incurred by the Member and/or may adjust incorrectly accrued Points, Benefits and tiers at West HQ’s absolute discretion acting reasonably.
51 Cards, Points, Benefits and any other privileges are not transferable and will lapse on a Member's death or notification of bankruptcy or self-exclusion from West HQ or upon cessation of membership.
52 Terms and Conditions (including Benefits and Points) may be changed at any time by West HQ and can be accessedviawww.westhq.com.auor a copy obtained from Customer Services. Prior notice of changes to the Terms and Conditions may not be given if West HQ is not required to make changes to act legally or in accordance with the requirements of a Government authority and the way in which West HQ provides notice may be limited by law or as per the requirements of a Government authority.
53 West HQ is not responsible for any loss, damage or injury suffered or claimed, including, but not limited to, indirect or consequential lossor damage, personal injuryor death, anddirect or indirect loss or damage by Members in relation to participating in West HQ Loyal. To avoid any doubt West HQ shall not be liable for loss caused by technical and mechanical malfunction which is outside the control of West HQ.