1.1 In these Terms and Conditions, the following words have the following meanings:
(a) Customer means a school or school-based customer which Lactalis invites to participate in the Rewards Program and who registers to participate through the Website;
(b) Customer Group means a group of Customers in relation to which Lactalis has consented to the pooling of their Points under clause 4;
(c) Lactalis means Lactalis Australia Ltd ABN 56 072 928 879;
(d) Personal Information has the meaning ascribed to that term in the Privacy Act 1988 (Cth);
(e) Points means the points earned by a Customer during the Promotional Period as calculated in accordance with clause 3.1;
(f) Products means milk, flavoured milk, dairy products and other beverages manufactured and supplied by Lactalis;
(g) Promotional Period means from 12:01am AEST on 01 January 2020 and expiring on 11:59pm AEST on 31 January 2021;
(h) Redemption Period from 12:01am AEST on 01 February 2020 and expiring on 11:59pm AEST on 28 February 2021;
(i) Rewards Program means the rewards program known as "Milk The Rewards" School Reward Program which is subject to these Terms and Conditions;
(j) Rewards means the goods or items described on the Website;
(k) School Term means for customers in a State or Territory of Australia, the official school terms determined and published by the government for that State or Territory;
(l) Website means the Lactalis "Milk The Rewards" website namely https://www.tpfonline.com.au/Lactalis/
2.1 The Rewards Program is open to Customers within Australia.
2.2 To participate in the Rewards Program, the principal or an authorised representative of the Customer must register the Customer during the Promotional Period through the Website. Lactalis reserves the right to request proof of the representative’s identity and authority in this capacity (which may be provided in the form of email or letter from the principal).
2.3 By registering to participate in the Rewards Program, the Customer accepts and agrees to be bound by these Terms and Conditions.
3.1 A Customer will earn 10 Points for each litre/kilogram of Products purchased by the Customer during the Promotional Period.
3.2 Lactalis may provide progress reports of Points accrued by the Customer at the beginning of each school term during the Promotional Period.
3.3 Customers may view their Points balance on the Website.
4.1 Customers may form Customer Groups to pool their Points, with the prior consent of Lactalis.
4.2 A Customer Group must nominate an authorised representative to act on its behalf in relation to the Rewards Program and must notify Lactalis of that nomination together with the address for delivery of any Rewards claimed by the Customer Group. Lactalis reserves the right to request proof of the representative’s identity and authority in this capacity (which may be provided in the form of email or letter from the principal of each of the Customers in the Customer Group).
4.3 If a Customer wishes to leave a Customer Group, the Customer must notify Lactalis in writing and the Customer will cease to be a member of that Customer Group on and from the date that Lactalis receives the notice (Notification Date) and all Points accrued by that Customer:
(a) up to the Notification Date will be allocated to the Customer Group which the Customer is leaving;
(b) from and including the Notification Date, will be allocated to the Customer, or, if Lactalis has consented to the Customer joining a new Customer group, then to that new Customer Group at the Customer’s request.
5.1 Points can only be redeemed for Rewards during the Redemption Period. Any Points that are accrued but not redeemed during the Redemption Period will be forfeited.
5.2 The number of Points required to be redeemed for each Reward is as stated on the Website and is non-negotiable. A Customer or Customer Group may only redeem Points equal to the total value of a Reward as indicated on the Website.
5.3 To redeem Points, a Customer or Customer Group must choose their Rewards from the Website and must complete and submit a claim form through the Website prior to the last day of the Redemption Period.
5.4 A claim for Rewards cannot be cancelled or amended by a Customer once it has been submitted.
5.5 Rewards will be delivered to the delivery address which:
(a) in the case of a Customer, the Customer provided upon registration;
(b) in the case of a Customer Group, was notified to Lactalis under clause 4.2,
unless otherwise notified in writing to Lactalis by the Customer or the Customer Group’s authorised representative.
6.1 All Rewards values are inclusive of GST.
6.2 Lactalis accepts no responsibility for any taxation liability that may arise from a Customer using Points to order Rewards and the Customer should obtain independent advice on its taxation position.
6.3 Any costs associated with participating in the Rewards Program, including any tax liability incurred by participation, is the responsibility of the Customer.
7.1 All Rewards are issued on the understanding that the person claiming the Rewards on the behalf of the Customer has been duly authorised to do.
8.1. All Rewards are based on descriptions from information received from suppliers and manufacturers of those Rewards. Installation and service of Rewards are not included. The Participant is responsible for installing any Rewards ordered in accordance with the manufacturer’s instructions and will bear the risk of any loss or damage to the Rewards from the point of delivery.
8.2 Lactalis recommends that you complete and submit any warranty information or registration card contained with any Reward in accordance with the manufacturer's instructions.
8.3 Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.4 A Customer should inspect all Rewards carefully upon delivery. If a Reward is damaged or faulty upon delivery (through no fault of the Customer), the Customer should contact Lactalis as soon as possible.
8.5 Rewards cannot be returned due to change of mind.
8.6 Discontinued or unavailable Rewards may be substituted by Lactalis with a reward of similar value in Lactalis’ absolute discretion.
9.1 Lactalis will not be liable for any loss (including, without limitation, indirect, special or consequential loss, loss of opportunity, or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with:
(a) the Rewards Program;
(b) failure to deliver, or delay in the delivery of, a Reward;
(c) any technical difficulties or equipment malfunction;
(d) any theft, unauthorised access or third party interference;
(e) any Reward claim that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of Lactalis;
(f) any cancellation, modification, suspension, variation or changes to the Rewards Program;
(g) any variation in Reward value to that stated on the Website; or
(h) the acceptance or use of a Reward,
except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
10.1 If for any reason any aspect of the Reward Program is not capable of running as planned, including by reason of tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of Lactalis which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Rewards Program, Lactalis may in its sole discretion cancel, terminate, modify or suspend the Rewards Program, vary these Terms and Conditions or invalidate any affected claims for Rewards.
10.2 If the Customer is at any time during the Promotional Period or the Redemption Period in breach of Lactalis’ trading terms, Lactalis may cancel the Customer's registration and participation in the Program. To the extent permitted by law, Lactalis will not be liable for any loss or damage suffered which may result from any cancellation, modification, suspension, variation or changes made to the Customer's registration and/or participation and/or account in the Rewards Program as a consequence of the Customer being in breach of their trading terms or these Terms and Conditions.
10.2 Lactalis reserves the right in its absolute discretion at any time to exclude any Customer from inclusion in the Rewards Program or to cancel the registration of any Customer in the Rewards Program.
We reserve the right to immediately suspend, terminate or limit your access to this website for any reason in our absolute discretion.
We will not accept responsibility if your access to this website is unavailable for any reason.
13.1 These Terms and Conditions are the entire agreement between Lactalis and the Customer with respect to their subject matter unless otherwise altered by Lactalis in accordance with these Terms and Conditions.
14.1 The promoter of the Rewards Program is Lactalis Australia Ltd ABN 56 072 928 879 of Level 5, 35 Boundary Street, South Brisbane, Queensland 4101.