Terms & Conditions

Last update: 12 December 2014

1. INTRODUCTION

1.1 Fusion Retail Brands Pty Ltd ACN 151 836 083 (Fusion) runs a loyalty program known as Fusion Rewards (Program) through the online stores: dianaferrari.com.au, mathers.com.au, williamsshoes.com.au, colorado.com.au and shoeclearancestore.com.au (Online Stores); the Fusion Rewards smartphone application (Smartphone App); and the Diana Ferrari, Mathers, Williams and Shoe Clearance Store physical stores (Fusion Stores).

1.2 These Terms and Conditions form the basis of the Program and govern your membership of the Program, including your use of the Fusion Rewards plastic card with a barcode (Card) and the Smartphone App. Information about the Program (including information about how to become a member and rewards) forms part of these Terms and Conditions.

1.3 Fusion reserves the right to change these Terms and Conditions at any time. The current version of these Terms and Conditions will be available on fusionrewards.com.au (Fusion Rewards Website) and fusioncard.com.au. Your continued membership to the Program following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

1.4 By applying for membership or using the Card or Smartphone App, you agree to be bound by these Terms and Conditions and any variations to them made by Fusion in its sole discretion.

2. MEMBERSHIP

2.1 To be eligible to participate in the Program, you must be an Australian resident. If you are aged under 18 years, you must have the consent of your parent or legal guardian to participate in the Program and use the Card at all times.

2.2 To become a member of the Program, you must log onto the Fusion Rewards Website and fully and correctly complete the registration form in the manner required.

2.3 Your Card: You may obtain a Card at Fusion Stores by providing Fusion Store staff with the information requested but you will need to access the Fusion Rewards Website to complete registration and become a member of the Program. If you have not obtained a Card from a Fusion Store and complete registration via the Fusion Rewards Website, you will be sent a confirmation email that will contain your Card number. If you wish to obtain a physical Card, you will need to visit a Fusion Store with the details of your Card number.

2.4 Existing members: If you are a member of the Fusion card program prior to 7 December 2012, by using your existing Fusion Card you will automatically become a member of the Program and be bound by these Terms and Conditions. You will however be required to log on to the Fusion Rewards Website and complete registration to be able to redeem Reward Points.

2.5 You are only eligible for one (1) membership and you may only register your Card in your own name. Membership is for personal use only. It must not be used by or for a corporation or business and is not transferable.

2.6 Employees of Fusion and any of its printers, suppliers, providers or agencies whom are directly associated with the conduct of this Program are ineligible to participate in the Program.

2.7 You are responsible for maintaining the strict confidentiality of your login and password and you are responsible for any activity under your account. You agree to: (a) immediately notify Fusion of any unauthorised use of your account or any other breach of security; and (b) ensure that you log out from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and to notify Fusion if you wish to cancel your membership. Fusion will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

2.8 Incorrect, incomplete, erroneous, ineligible or incomprehensible registrations will be deemed invalid. Contact details entered incorrectly on the Fusion Rewards Website by you or otherwise provided by you to Fusion will deem a registration and/or membership invalid.

2.9 Fusion may accept or refuse your membership in its sole discretion and no correspondence will be entered into. Fusion may terminate or suspend your membership to the Program in its sole discretion and without notice for any reason including, without limitation, if you fail to comply with these Terms and Conditions; tamper with the registration process; abuse any privilege accorded to you under the Program; supply any misleading information or make any misrepresentations to Fusion in connection with the Program; or engage in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Program.

3. PARTICIPATION

3.1 To participate in the Program, you must, in the manner required: (a) key in your Card number to Online Stores; (b) use the Smartphone App; or (c) present your Card to any Fusion Store. The Card number must be presented at the time of making a purchase at Online Stores or Fusion Stores. The Smartphone App must be correctly downloaded and used for Reward Points to be updated.

3.2 If you do not have your Card with you at a Fusion Store, then you may identify yourself as a member of the Program to Fusion by providing personal information which matches up with the personal information you previously provided to Fusion (Identification). By providing Identification, you will be bound by these Terms and Conditions as if you are using the Card and reference to presenting or using a Card in these Terms and Conditions also includes where a person provides Identification.

3.3 Fusion is entitled to regard the person using the Card as the member who was issued that Card.

3.4 For your membership to remain valid, it will need to be "Active". For your membership to remain "Active” you must use your Card to make a purchase at an Online Store or Fusion store within two (2) years of the date you last used your Card to make a purchase.

3.5 If your membership is not “Active”, your Reward Points (defined in clause 4.1) and Membership Level (defined in clause 5.1) will be lost.

3.6 It is your responsibility to check the receipt after each transaction to ensure the details (including the number of Reward Points) are correct. It is also your responsibility to provide Fusion with any changes to your personal details.

4. REWARD POINTS

4.1 Subject to your use of your Card in accordance with these Terms and Conditions, five (5) points are awarded for every one (1) dollar (AUD) you spend to purchase merchandise (rounded down to the nearest twenty (20) cents) at Online Stores or Fusion Stores (Reward Points).

4.2 Every one hundred (100) Reward Points earned by you entitles you to one (1) dollar (AUD) towards a future merchandise purchase at Online Stores or Fusion Stores. Only the Online Stores listed on the Fusion Website allow redemption of Rewards Points and Fusion reserves the right to vary the Fusion Stores or Online Stores that allow redemption at any time without notice.

4.3 In order to redeem Reward Points, you must have successfully completed registration in accordance with clause 2.2 above. Reward Points earned from a purchase will only become available for redemption at Fusion Stores and Online Stores on or after the day following that purchase.

4.4 The minimum number of Reward Points that can be redeemed for any one (1) transaction is one hundred (100) points.

4.5 Reward Points and the rights they confer cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Reward Points have no cash or monetary value.

4.6 For your Reward Points to remain valid, your membership will need to be "Active” which is explained in clauses 3.4 and 3.5 above.

5. MEMBERSHIP LEVEL

5.1 Subject to your use of your Card in accordance with these Terms and Conditions, you will achieve certain membership levels depending on the amount you spend during a twelve (12) month period, calculated at quarterly intervals (Membership Level). The three (3) Membership Levels are as follows:

MEMBERSHIP AMOUNT SPENT PER ANNUM

  • Ruby Less than $750
  • Silver $750 to $1,500
  • Gold Over $1,500

5.2 Once a Membership Level is achieved, you will remain on that level until the amount spent by you in a twelve (12) month period equals the next Membership Level (for example, if in Ruby, then to move to Silver, you must spend a minimum of $750 during a twelve (12) month period calculated from the anniversary of the date of your first transaction under the Program). You will remain on the Membership Level you achieve for the life of the Program (unless you move to a higher Membership Level).

5.3 For your Membership Level to remain valid, your membership needs to be "Active” which is explained in clauses 3.4 and 3.5 above.

5.4 Fusion will use your Membership Level to provide selected Program offers and rewards to you from time to time. Fusion reserves the right to vary the Program offers and rewards at any time without notice. You are encouraged to check the Fusion Rewards Website regularly to view the current list of offers and rewards.

6. ELIGIBILITY FOR REWARD POINTS

6.1 Your eligibility to earn or redeem Reward Points is in Fusion’s sole discretion.

6.2 Laybys: Your Card must be presented at time of establishment of a layby for that purchase to be eligible to earn Reward Points. Reward Points for a layby will be awarded on the full value of the purchase price but will only accrue at the time the layby has been paid for in full. If you are an existing member of the Fusion card program and have an outstanding layby prior to the start of the Program, no Reward Points will be awarded on that purchase.

6.3 Gift Cards: Reward Points cannot be earned from gift card purchases. Reward Points cannot be redeemed to purchase gift cards.

6.4 Errors, cancellations or reverse transactions: Any Reward Points credited in error, in breach of these Terms and Conditions, or relating to a transaction which is cancelled or reversed will be deducted from your points balance.

6.5 Returns: Any Reward Points used to purchase an item which is subsequently returned by you for whatever reason will be forfeited.

7. OTHER COMPETITIONS AND OFFERS

7.1 As a member of the Program, you may be given the opportunity to enter competitions and receive offers (including bonus Reward Points offers) from time to time. Such competitions and offers will be subject to their own prevailing terms and conditions which will be available (as applicable) at Online Stores or the Fusion Rewards Website. Any bonus Reward Points earned will be awarded in the manner determined by Fusion and will appear in your account. The bonus Reward Points will be treated as regular Reward Points for the purpose of this Program and may be redeemed in accordance with these Terms and Conditions. Competitions may limit certain members from entering or claiming a prize or offer.

7.2 Gold level members are entitled to certain benefits not offered to other membership levels. Fusion Rewards will cover the expense of 2 (two) hem or cuff alteration services per annum, at a maximum value of AU$40.00 for each request. Service is exclusive to new Diana Ferrari Retail Boutique purchases only, and is available on new Diana Ferrari purchases only. Alterations are not available for historical purchases.

8. MY BRANDS AND CANCELLATION

8.1 If you no longer wish to receive information or offers from any of the brands included in the Program, you may unsubscribe by visiting the ‘My Brands’ section of the Fusion Rewards Website.

8.2 If you no longer wish to be a member of the Program, you can withdraw from the Program by sending your Card to:

Attention: Fusion Rewards Membership Cancellation
Level 1, 109 Burwood Road
Hawthorn VIC Australia 3122

8.3 Fusion reserves the right to suspend or cancel the Program and/or your Card at any time without prior notice. Fusion will not be liable for the suspension or termination of the Program on any account whatsoever including (without limitation) for any Reward Points in an account at the time of suspension or termination

9. LOST, STOLEN OR DAMAGED CARDS

9.1 You are responsible for the use, safety and security of your Card. Fusion is not responsible for lost, stolen, illegible or damaged Cards.

9.2 If you lose or damage your Card, you may apply for a replacement Card by attending a Fusion Store in person. The decision to issue a replacement Card is in Fusion’s sole discretion.

10. PRIVACY

10.1 You can update your personal information by visiting the ‘Update My Details’ section of the Fusion Rewards Website.

10.2 You can access your personal information held by Fusion by contacting Fusion’s Privacy Officer at: Level 1, 109 Burwood Road
Hawthorn VIC Australia 3122
Email: privacy@fusionretailbrands.com.au

10.3 The purpose of Fusion collecting personal information is to enable you to participate in the Program and to provide you with your Card. If the personal information requested is not provided, you may not be able to participate in the Program. If a replacement Card is required or you need to change your details, Fusion may require a form to be filled out with such information that Fusion reasonably requires or upon your request Fusion may access and update your details on your behalf. For the purposes of operating the Program, Fusion may provide personal information to third parties, such as mailing houses and data entry providers. A copy of Fusion’s Privacy Policy in relation to the treatment of personal information collected is available at http://fusionretailbrands.com.au/privacy-policy.html.

10.4 By participating in the Program, you also acknowledge that a further primary purpose for collection of your personal information by Fusion is to enable Fusion to use the information to assist Fusion in improving goods and services and to contact you in the future with information on special offers or to provide you with marketing materials via any medium including mail, telephone, emails or other commercial electronic messages. By participating in the Program, you acknowledge and agree that Fusion may use your personal information in the manner set out in this clause.

11. GENERAL

11.1 Fusion’s decision in relation to all aspects of the Program is final and no correspondence will be entered into.

11.2 The Card (including all intellectual property rights subsisting in the Card) at all times remains the property of Fusion. Cards are not stored value, credit or charge cards and are not transferrable, exchangeable, refundable or redeemable for cash. Any unused Reward Points or any other vouchers or prizes issued under the Program are not transferable, exchangeable, refundable or redeemable for other goods or services and cannot be taken as cash. To the full extent permissible by law, you are liable for all transactions on your Card.

11.3 At any time in the future, Fusion may decide to render the use of Cards obsolete and void and replaced by alternative technology.

11.4 Fusion reserves the right not to accept any Card, to direct Fusion Stores or Online Stores not to accept a Card, or to otherwise limit the use of a Card for any reason including but not limited to suspicion that a particular Card has been obtained or is being used fraudulently, without proper authorisation or by or for other unlawful means. Cards (including Card numbers) are subject to validation and verification to the extent required by Fusion in its sole discretion. Fusion (including Fusion Store staff) reserves the right to request that you produce appropriate photo identification or other documentation in order to confirm your identity, age, residential address or eligibility to use the Card and/or redeem Reward Points, before issuing the Card or issuing or redeeming Reward Points (as applicable).

11.5 Any attempt to deliberately damage a Card, cause malicious damage or interference with the normal functioning of the Online Stores, Smartphone App, Fusion Rewards Website or Program, or to otherwise undermine the legitimate operation of the Program may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Fusion reserves the right to seek damages to the fullest extent permitted by law. If Fusion suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by you, you agree to indemnify Fusion for those losses, damages and costs.

11.6 If the Program is not capable of running as planned for any reason beyond the reasonable control of Fusion, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Program, Fusion reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program (including the suspension of earning or redeeming Reward Points), or any or all Cards or unredeemed Reward Points.

11.7 This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of Fusion for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Fusion, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the Program. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Program and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Program; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged Cards or Reward Points; and/or (iv) acceptance and/or use of any rewards issued as part of the Program. Fusion accepts no responsibility for any SMS, email or other communication not received by you or for any delay in delivery due to technical malfunctions or for any other reason.

11.8 These Terms and Conditions are governed and shall be construed and applied in accordance with the laws of Victoria, Australia, and you irrevocably consent and submit to the exclusive jurisdiction of the courts of Victoria or the Federal Court sitting in Victoria to determine any matter or dispute which arises under these Terms and Conditions.

12. ENQUIRIES

12.1 For any enquiries regarding the Program, please see our Fusion Store staff during normal trading hours.

TERMS OF USE

INTRODUCTION
You should read these Terms of Use carefully. This website is owned and operated by Fusion Retail Brands Pty Ltd ACN 151 836 083 (known together with its directors, employees and agents as "We", "Our" or "Us"). Your access and use of this website is conditional upon your acceptance and compliance with these Terms of Use. Your use of and continued access to this website constitutes your agreement to these Terms of Use. Acceptance by you of these Terms of Use binds you and all of your employees, officers and agents to comply with these Terms of Use. Without implying any licence to do so, if you pass on any information contained in the web site to any other person, you should pass on these Terms of Use also and draw it to their attention.

YOUR INFORMATION
You must ensure that all information provided by you in making use of this website is and remains accurate and complete.

Prohibited Conduct

YOU MUST NOT:

  1. provide false information when using this website;
  2. tamper with, hinder the operation of, or make unauthorised modifications to the website; or
  3. modify, adapt, translate, or reverse engineer any portion of the website.

NO REPRESENTATIONS

We make no representations about the accuracy, reliability, completeness or timeliness of the content of this website. The content of this website may contain inaccuracies or typographical errors. Your use of this website and the content is at your own risk. Changes are made periodically to the content of this website and may be made at any time.

BINDING CONDITIONS AND VARIATIONS

These Terms of Use set out the entire understanding between Us and you with respect to their subject matter. We may amend these Terms of Use at any time by posting the amended Terms of Use on this website. The amended Terms of Use will be effective immediately and you will be bound by the amended Terms of Use from that time. These Terms of Use may not be amended otherwise. You should visit this page periodically to review the Terms of Use.

Exclusions and Limitations of Liability

All statutory or implied terms, conditions or warranties concerning the quality or condition of this website or any goods, information, service, material, advice or recommendation supplied by Us to you through this website is excluded to the fullest extent permitted by law. If We breach any term, condition or warranty which is implied by law and which cannot lawfully be excluded, Our liability for a breach of the applicable term, condition or warranty is limited, to the extent permitted at law, to, at Our election: (a) the resupply of the relevant goods or service; or (b) the payment to you of the cost of having the relevant goods or service supplied again. Except to the extent that liability may not lawfully be excluded, We will not be under any liability to you (or any of your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or Our negligence or Our breach of Our obligations under these Terms of Use.

We do not warrant that any of the functions contained in this website or your access to this website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

INDEMNITY

You must indemnify Us and hold Us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms of Use, your access and/or use of this website or reliance on its contents or information received through it by you or any person accessing any content through you.

LINKS TO OTHER SITES

We may from time to time publish links to other websites on this website. Contents, hyperlinks or information held on other sites is not under Our control and We are not responsible for the content of any such sites or any hyperlink contained on such sites. You agree to any terms of access or use imposed by those linked sites. We do not endorse any material on any linked sites and do not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on any linked sites, nor do we warrant that material on any linked sites does not infringe intellectual property rights of any other person. Any dealings you have with a linked site are at your own risk. We accept no liability for any act, omission or default, whether negligent or otherwise, or any loss or damage occasioned by such negligent act or omission of any service provider or third party in respect of a linked site.

COPYRIGHT AND TRADE MARKS

The materials displayed on this website, including without limitation all information, text, graphics, names, logos, trade marks, design, software and advertisements ("Content") are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on this website. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this website. All other use, copying or reproduction (including reproduction on any other website) of any part of this website is prohibited unless expressly stated otherwise. You must not use this website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trade mark displayed on the website without the express written permission of the owner of the trade mark.

VIRUSES

We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from this website, is free from computer viruses, worms, trojans or any other harmful code which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

GOVERNING LAW

The laws of Victoria govern these Terms of Use, and you submit to the exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia.

TERMINATION

We may terminate these Terms of Use and your access to this website at any time without notice. In the event of termination you are no longer authorised to access the website. All restrictions imposed on you, disclaimers and limitations of liability set out in these Terms of Use will survive termination. We reserve the right to withdraw access to this website at any time without notice. You must terminate your link to this website if we request you to do so, either directly or by notice on this website.

© Copyright 2013. Fusion Retail Brands Pty Ltd. All rights reserved.

 
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