TERRYWHITE CHEMMART REWARDS
GENERAL TERMS AND CONDITIONS

1. Definitions

Application Form means any form (whether in paper, electronic or otherwise) which is required to be completed by a person wishing to become a Member.

Awards means awards as described in the Qantas Frequent Flyer program and Qantas Frequent Flyer Terms.

Conversion Date means the 15th day of each calendar month or such other date as determined by TWCM from time to time.

Conversion Rate means the rate at which Convertible Rewards Points convert to Qantas Points being at a rate of 3 Convertible Reward Points to 2 Qantas Points.

Convertible Rewards Points means Rewards Points issued to a Standard Member after they have made an Election and for the period from the end of the Switchover Period to when they Opt Out.

Customer means customer of a Pharmacy

Earn Rate means:

  • In respect of a Standard Member, a rate of 3 Reward Points for every $1 (which equates to 0.03 Reward Points for every 1 cent) spent on Qualifying Purchases; and
  • In respect of Member+, a rate of 12 Reward Points for every $1 (which equates to 0.12 Reward Points for every 1 cent) spent on Qualifying Purchases.

Election means an election by a Standard Member to link that Member’s Account to a valid Qantas Frequent Flyer Account.

Election Date means the date that a Standard Member makes and Election pursuant to clause 6.

Excluded Products means dispensary or prescription items, baby formulas and such other products as determined by TWCM in its absolute discretion from time to time.

Full Terms and Conditions means the T&C together with any terms and conditions printed on and attaching to the Rewards Card, any reward vouchers (where applicable), the Application Form, and any other terms and conditions or variations that TWCM may publish from time to time.

Member means a Member+ and a Standard Member of the Rewards Program.

Member+ means a member of the Rewards Program that is also on a relevant health package offered by TWCM whether directly, through Pharmacies or such other partners or other third parties as determined by TWCM from time to time.

Member’s Account means a record showing the Member’s Reward points balance, Member’s details and preferences and purchase history.

Opt Out means where a Standard Member elects to opt out of converting their Rewards Points to Qantas Points.

Pharmacy means participating TerryWhite Chemmart pharmacies in its their own right as an organisation that is responsible for meeting redemption of Reward Points and collecting in its own right and as agent for TWCM, personal and sensitive information and other relevant data from Members of the Rewards Program.

Points Threshold means a threshold of 300 Reward Points accrued before Reward Points can be applied in full or part payment of Qualifying Purchases.

Qantas means Qantas Airways Limited ACN 009 661 901.

Qantas Points means Qantas Points issued under the Qantas Frequent Flyer program in accordance with the Qantas Frequent Flyer Terms.

Qantas Frequent Flyer Account means the account in the Qantas Frequent Flyer program established in respect of a Qantas Frequent Flyer membership under the Qantas Frequent Flyer Terms.

Qantas Frequent Flyer Terms means the Qantas Frequent Flyer program terms and conditions as amended by Qantas from time to time.

Qualifying Purchases means purchases of non-prescription items that are not Excluded Products.

Redemption Rate means the rate at which Reward Points can be applied in full or part payment of Qualifying Purchases, being a rate of 1 Rewards Point per 1 cent (which equates to $1 for every 100 Rewards Points accumulated) to be spent for future purchases.

Rewards Card means the card (whether in a physical, electronic or other form) that is provided to a Member.

Rewards Helpdesk means the call centre helpdesk of the Rewards Program.

Rewards Points means the points earned by a Member and includes Convertible Rewards Points in respect of a Standard Member that has made an Election.

Rewards Program means the TerryWhite Chemmart Rewards Program as amended from time to time by TWCM.

Standard Member means a member of the Rewards Program that is not a Member+.

T&Cs means the Rewards Program General Terms and Conditions.

TWCM, we, us, and our means TW&CM Pty Ltd ACN 136 833 620.

You, and your means a person that is or seeks to become a Member as the context requires.

2. Introduction

2.1 The Rewards Program is owned and operated by TW&CM Pty Ltd ACN 136 833 620, of Ground Floor, 50 Park Road, Milton, Queensland 4064.

2.2 These T&Cs form the basis of, and govern the operation of the Rewards Program and form part of the Full Terms and Conditions.

2.3 The Full Terms and Conditions of the Rewards Program operate as a legal contract between you, TWCM, each Pharmacy.

3. Becoming a Member and Rewards Cards

3.1 You may become a Member, if you:

  • are an individual 18 years old or over;
  • have a current Australian residential address; and
  • complete an Application Form and are issued with a Rewards Card.

3.2 You cannot be issued with more than one Rewards Card at any one time. In applying for and/or using the Rewards Card you agree to be bound by the Full Terms and Conditions.

3.3 Membership is free but we reserve the right to charge for replacement cards. The Rewards Card is not a credit card or charge card and remains our property. You cannot transfer or assign a Rewards Card.

3.4 Your existing membership of any other loyalty or rewards program with a Pharmacy will be cancelled immediately on acceptance of your application to join the Rewards Program unless we or the Pharmacy advises otherwise.

3.5 We may, in our absolute discretion:

  • Reject or refuse any application for membership; or
  • Cancel any Rewards Card at any time without notice and for any reason including, without limitation, if you fail to comply with the Full Terms and Conditions, provide misleading information or make misrepresentations to us or a Pharmacy, die or become bankrupt, or abuse any privilege accorded to a Member.

3.6 You must notify the Rewards Helpdesk as soon as possible for any change of your details and preferences.

3.7 If a Rewards Card is lost, stolen or damaged, you may apply for a new Rewards Card by visiting a Pharmacy or by calling the Rewards Helpdesk. Rewards Points can only be adjusted or credited by the Rewards Helpdesk. Any points balance on Rewards Cards to be replaced will be transferred to the Member’s new Rewards Card provided the person requesting the new Rewards Card can be identified as the original cardholder. The lost, stolen or damaged Rewards Card will be disabled. We may charge you a reasonable fee for any replacement Rewards Card to cover administration and handling.

3.8 You may terminate or cancel your membership and Rewards Card at any time by calling the Rewards Helpdesk or by visiting https://members.terrywhitechemmart.com.au

4. Earning and Using Reward Points

4.1 You will earn Rewards Points at the Earn Rate spent at Pharmacies on Qualifying Purchases provided the purchase is made using approved payment means at the Pharmacy, and the Rewards Card is presented at the time of purchase. If you don’t have a physical Rewards Card, the Pharmacy can identify your Member’s Account with your personal details.

4.2 Rewards Points and any benefit that they confer to you is not property, do not have any cash or monetary value and cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these T&Cs.

4.3 We are not liable for any technical or other error or failure which results in the Rewards Points not being recorded on a Rewards Card and the Member’s Account.

4.4 Rewards Points will accrue on:

  • Qualifying Purchases of items on discount unless they are Excluded Items; and
  • Account sales and lay-bys paid in full.

4.5 Rewards Points will not accrue on:

  • the Rewards Points used in a purchase transaction;
  • payments received on behalf of third parties;
  • payments received for subsidised government services;
  • gift card purchases;
  • historical purchases where a Rewards Card was not presented; and
  • Qualifying Purchases which we consider (in our absolute discretion) as a purchase made for the purpose of export.

4.6 Any Rewards Points issued as a result of fraud, dishonesty or error, or that relate to a purchase by a Member that is subsequently cancelled or refunded, will be cancelled by TWCM.

4.7 Additional Rewards Points may be earned from time to time in relation to special promotions of particular goods or services as advertised by us. Earning of these additional Rewards Points will be governed by any specific terms and conditions applicable to the special promotion in addition to the Full Terms and Conditions.

4.8 Rewards Points on your Member’s Account will expire and be cancelled 18 months after the date the Reward Points are issue.

4.9 Once you have accumulated sufficient Rewards Points to reach the Points Threshold, you will on presentation of the Rewards Card in a Pharmacy, be able to apply all or part only of their Rewards Points at the Redemption Rate in part or full payment of any Qualifying Purchase. After the Points Threshold has been reached, there is no minimum value of Qualifying Purchases that Rewards Points can be applied to.

4.10 If as a result of applying all or part of your Rewards Points in part or full payment of any Qualifying Purchases, the number of Rewards Points you have is less than the Points Threshold, you will need to accumulate sufficient Rewards Points to reach the Points Threshold again before you can use your Rewards Points.

4.11 The Pharmacy shall be entitled to assume on presentation of the Rewards Card that the presenter is either the Member to whom the Reward Card was issued or has the permission of the Member and is entitled to redeem the Rewards Points.

4.12 Pharmacies participating in the Rewards Program agree to assume all loss and liability of meeting redemptions of Rewards Points by Members.

4.13 Rewards Points can only be used by the Member to whom it is issued. A Member cannot combine Rewards Points from more than one Rewards Card in order to reach the Points Threshold.

4.14 We may at any time and in our sole discretion, and without prior notice to you, withdraw, limit, modify, cancel or increase the continued availability of Rewards Points or the Points Threshold.

5. Qantas Frequent Flyer Program

5.1 We have partnered with Qantas to enable Standard Members to convert Rewards Points earned under the Rewards Program to Qantas Points. The terms and conditions that regulate the conversion of Rewards Points to Qantas Points are as detailed in clauses 6 and 7.

5.2 The Qantas Frequent Flyer program is owned, operated and administered by Qantas. You must be a Qantas Frequent Flyer member to earn and redeem Qantas Points. Qantas Points can only be allocated to a Qantas Frequent Flyer Account.

5.3 Qantas Frequent Flyer membership is governed by Qantas. Only individuals may be credited with Qantas Points (that is, companies, firms, associations and other organisations are not eligible to be credited with Qantas Points).

5.4 The Qantas Frequent Flyer Terms govern the benefits associated with Qantas Points (after they have been credited to a Qantas Frequent Flyer Account), including earning, crediting and redeeming of Qantas Points. The Qantas Frequent Flyer Terms also include terms and conditions for earning Qantas Points on Qantas and other airlines (and other non-airline partners), redeeming points for Awards, changes to the Qantas Frequent Flyer program, cancellation of your Qantas Frequent Flyer membership and/or Qantas Points, expiry of Qantas Points, and privacy related matters etc. Other terms and conditions for earning Qantas Points from other Qantas program partners, and for redemptions and Awards, also apply. For the Qantas Frequent Flyer Terms please see https://www.qantas.com/au/en/frequent-flyer/discover-and-join/terms-and-conditions.html.

5.5 Qantas may make decisions about the Qantas Frequent Flyer program which may affect a Member’s earning and redemption of Qantas Points and Qantas Frequent Flyer membership.

5.6 Qantas recommends that you consult a tax advisor to ensure that you understand possible tax and fringe benefits tax implications, if any, related to a Standard Member’s Qantas Frequent Flyer membership.

6. Qantas Points Election and Opt Out Process

6.1 To convert your Rewards Points to Qantas Points, you must:

  • be a Standard Member and not a Member+ member; and
  • make an Election.

6.2 If you are not a Qantas Frequent Flyer member, you can join for free online at https://www.qantas.com/terrywhitechemmart

6.3 You can only link one Qantas Frequent Flyer Account to your Member Account.

We and our Pharmacies are not liable to you for any loss, including Rewards Points or Convertible Reward Points once they are converted to Qantas Points in a Qantas Frequent Flyer Account.

6.4 You can make an Election by either:

  • linking your Member’s Account to an existing Qantas Frequent Flyer account online at members.terrywhitechemmart.com.au by following the prompts;
  • making a request at a Pharmacy; or
  • joining or linking an existing TerryWhite Chemmart Rewards account to your Qantas Frequent Flyer account via https://shopping.qantas.com/

6.5 You will have until the end of the Switchover Period to use all Rewards Points that have been earned but unused at the time of the Election.

6.6 During the Switchover Period, you:

  • will continue to earn Rewards Points subject to these T&Cs like ‘Points Threshold’ and ‘Qualifying Purchases’; and
  • any Rewards Points earned will not be eligible to be converted to Qantas Points.

6.7 At the end of the Switchover Period all Reward Points will be reset to nil. After the Switchover Period and until an Opt Out, all Rewards Points earned will be classified as Convertible Rewards Points and be reserved for conversion to Qantas Points in accordance with an Election. Convertible Rewards Points cannot be used in part or full payment of any Qualifying Purchases.

6.8 If you:

  • have a nil Rewards Points balance; or
  • make an Election within 24 hours of first becoming a Member; or
  • at the time of making an Election, elect to reset your Rewards Points balance to nil,

We will not apply a Switchover Period and all Rewards Points earned by you will be classified as Convertible
Rewards Points.

6.9 If you subsequently Opt Out, all Convertible Rewards Points accrued at the time of the Opt Out will be reclassified as Reward Points and will be able to be used by you in accordance with these T&Cs within 24 hours of opting out. This includes being able to apply all or part only of those reclassified Reward Points at the Redemption Rate in part or full payment of any Qualifying Purchase.

6.10 You can Opt Out online at members.terrywhitechemmart.com.au by following the prompts.

7. Conversion to Qantas Points

7.1 Convertible Rewards Points will be reserved for conversion into Qantas Points on each Conversion Date.

7.2 Subject to a Qantas Frequent Flyer Account remaining linked at the Conversion Date, Convertible Rewards Points will be converted into Qantas Points at the Conversion Rate (rounded up to the nearest whole Qantas Point).

7.3 Subject to the Qantas Frequent Flyer Terms, Qantas Points will ordinarily be available in the linked Qantas Frequent Flyer Account within 7 business days following the Conversion Date. Once Qantas has issued Qantas Points for Convertible Rewards Points, they cannot be reconverted or reclassified back to Rewards Points should you subsequently Opt Out.

7.4 If a linked Qantas Frequent Flyer Account is invalid at the time of the Conversion Date all Convertible Rewards Points will not be converted to Qantas Points and will remain classified as Convertible Rewards Points until you either:

  • Opt Out, at which point all Convertible Rewards Points will be reclassified to Rewards Points to be used in part or full payment of Qualifying Purchases in accordance with the T&Cs; or
  • make a new Election, in which case clause 6 will apply.

8. Changes to the Program

8.1 We may at any time, in our absolute discretion and with or without prior notice to you, change the Full Terms and Conditions including these T&Cs, suspend or terminate the Rewards Program or cancel your membership.

8.2 Without limiting clause 8.1, we may at any time in our absolute discretion and without notice, cancel Rewards Points, introduce an expiry date for use of Rewards Points credited to a Rewards Card, or make any other change which has the effect of changing Rewards Points credited to or may be credited to a Rewards Card.

8.3 Without limiting clause 8.1, we may at any time our absolute discretion and without notice, modify or otherwise change which goods or services are Qualifying Purchases, the number of Reward Points that will be recorded on a Rewards Card and into a Member’s Account for purchases of Qualifying Purchases, what payment means are approved payment means for earning Reward Points, remove a Pharmacy from participating in the Rewards Program.

8.4 If we terminate the Rewards Program, any Rewards Points remaining on any Rewards Card or Member’s Account will be cancelled and neither a Pharmacy nor TWCM shall have any liability to any Member or former Member.

8.5 We may endeavour to advise Members of altered or new conditions regarding the Rewards Program via our website, or posting a notice in a Pharmacy, or by such other means including email or SMS that we may determine. Neither the Pharmacy nor TWCM will be liable for, and the Member agree not to make a claim, in respect of any failure to advise Members of altered or new conditions regarding the Rewards program.

9. Limitation of Liability

9.1 All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Rewards Program are expressly excluded to the full extent permitted by law. Any liability TWCM and a Pharmacy may have to you in respect of such goods or services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again.

9.2 TWCM is not liable for: any delay in issuing or replacing a Rewards Card; any use of a Rewards Card by a person other than the Member and any benefits derived from the use of the Rewards Card by that other person; your failure to present the Rewards Card at the time of making Qualifying Purchase; any delay, failure or inability to accurately record the details of any transaction or credit Reward Points to a Rewards Card; any loss or theft of or damage to a Rewards Card; any correspondence between TWCM and you that is lost or delayed in the mail; and the suspension or termination of the Rewards Program or Reward Points.

9.3 The benefit of any exclusion or limitation of liability in these terms and conditions also applies to the Pharmacy. Pharmacies do not have any authority, express or implied, to make any representation,
warranty or statement on behalf of TWCM and TWCM accepts no liability in respect of such representations, warranties or statements.

10. Privacy Policy

10.1 We recognise that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously. We are committed to responsible privacy practices and to complying with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (Privacy Principles) and Notifiable Data Breaches scheme contained in the Privacy Act, and where relevant, applicable state and territory health records legislation. Our Pharmacies are also required to comply with Privacy Act and the Privacy Principles.

10.2 Our Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at www.terrywhitechemmart.com.au/privacy-policy/.

10.3 We also have specific privacy provisions that apply to our Rewards Program, which are detailed in these T&Cs and which supplement our Privacy Policy. In the event of inconsistency, the specific privacy provisions in these T&Cs will prevail over our Privacy Policy.

10.4 You consent to us and Pharmacies collecting your details provided within the Application Form. You also consent to TWCM and a Pharmacy collecting your personal and sensitive information (including details of your use of the Rewards Card, the products and services purchased by you from a Pharmacy including medicines, dispensary items and other health information).

10.5 We collect your personal information in order to administer and operate the Rewards Program. By becoming a Member you authorise us and the Pharmacy to also use your personal information to:

  • market products and services to you based on your activity;
  • assist the Pharmacy to provide you with certain products and services; and
  • analyse customer demographics, health, prescription, adherence and purchasing trends so that we can tailor our products and services.

10.6 We may disclose to, and utilise the services of Participating Pharmacies, Intellipharm Pty Ltd, Go Bookings Pty Ltd, 1stGroup Limited, Oracle Corporation Australia Pty Limited, and MedAdvisor International Pty Ltd (Third Party) to do any of the following in relation to sensitive information collected from the administration and operation of the Rewards Program:

  • collect, store and provide to us or a Participating Pharmacy, your personal information including sensitive information;
  • analyse customer demographics, health, prescription, adherence, and purchasing trends; and
  • provide targeted marketing of products and services based on your activity.

10.7 The information collected and stored by our Third Parties may be disclosed back to us and to the Pharmacy that you completed an Application Form at or obtain products and services from.

10.8 If you became a Member through one of our partners, you expressly consent to us and our Pharmacies providing your personal information to that partner for reconciliation purposes. We and our Pharmacies
will not provide your personal and sensitive health information to a partner.

10.9 We may disclose your personal information to third parties to administer and operate the Rewards Program. This may include sharing your personal information with other service providers that may provide products and services to us including suppliers, marketing agencies, data analysis specialists, data processing organisations, billing and debt recovery providers, website and data hosting providers, Rewards Program administrators and other IT suppliers. If we disclose your personal information to such service providers, we will take reasonable steps to ensure that the information is deidentified (if possible).

10.10 We will take reasonable steps to ensure that our Pharmacies, Third Parties, our partners, and other service providers only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Act and Privacy Principles and where commercially practical include suitable privacy and confidentiality clauses in our agreements with them.

10.11 Some of the third parties to whom we disclose personal information may be located outside the state or territory in which the information was collected or outside Australia. The state/territories and countries in which such third parties are located will depend on the circumstances. For example, we may disclose personal information to our related companies overseas and to our overseas service providers. In the ordinary course of business, we commonly disclose personal information to third parties (for example, offshore data centres located in New Zealand and USA).

10.12 We will not otherwise disclose your personal information to other companies without your consent.

10.13 We will take reasonable steps to keep any personal information we hold about you secure. Our website (including the REWARDS portal) is a secure and controlled environment. This includes the use of SSL/https 128-bit encryption whenever sensitive information is transferred across the internet. Please notify us immediately if you become aware of any breach of security. We try to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly.

10.14 We will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

10.15 Please address all privacy complaints and requests to update or access information to:

Attention: Privacy Officer TW&CM Pty Ltd
Ground Floor, 50 Park Road,
Milton, QLD 4069

OR

reception@twcmhealth.com.au

10.16 Any requests to access, update or correct your personal information should be made in writing.

10.17 If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner (click here for information) or other relevant regulators.

11. Disputes

11.1 Any question or dispute regarding the Rewards Program or which arises in connection with a Member’s participation in the Rewards Program, will be resolved by TWCM in its sole discretion.