Brumby’s Rewards Program – Terms & Conditions
1.1By registering as a Member for the Brumby’s Rewards Club (‘BRC’), using your BRC Card, using your BRC App, using or accessing your Brumby’s Rewards or otherwise participating in the BRC, you accept and agree to be bound by the following terms and conditions (‘Terms and Conditions’) of the BRC provided by RFGA Management Pty Ltd ACN 071 764 609 (‘Brumby’s Bakery’).
1.2These Terms and Conditions are intended to protect Members and Brumby’s Bakery. It is the Member’s responsibility to read and understand them.
1.3The BRC remains the property of Brumby’s Bakery at all times.
1.4These Terms and Conditions will be construed according to and governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia.
1.5Brumby’s Bakery may amend, suspend or terminate these Terms and Conditions from time to time. The current terms and conditions are those available at http://www.brumbys.com.au/brumbysrewards. Members will be provided with a copy of the Terms and Conditions at the time of joining the BRC and material changes will be notified to Members in accordance with clause 6.
1.6Any failure or delay by Brumby’s Bakery in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights and any waiver by Brumby’s Bakery must be in writing and signed by an authorised officer of Brumby’s Bakery.
2.REQUIREMENTS FOR MEMBERSHIP IN BRUMBY’S REWARDS CLUB
2.1An individual is eligible to become a Member of the BRC if:
(a)they have a unique email address and a residential address in Australia;
(b)are over 16 years of age; and
(c)that individual either, in accordance with the terms herein:
i.downloads and registers in the BRC App; or
ii.completes Registration of their BRC Card at http://www.brumbys.com.au/brumbysrewards; or
iii.is issued a BRC Card.
2.2Notwithstanding clause 2.1, Membership is offered at the sole discretion of Brumby’s Bakery. To avoid doubt, Brumby’s Bakery may accept or reject any application to participate at its sole and absolute discretion (acting reasonably).
2.3Membership is not available to Brumby’s Bakery staff, employees and associated family members.
2.4Membership is not available to Brumby’s Wholesale customers.
2.5Membership is limited to one (1) account per person and is not transferable.
2.6Membership is free although Brumby’s Bakery reserves the right to charge a nominal fee for a replacement BRC Card in its discretion.
2.1Members are to inform Brumby’s Bakery via written notice if:
(a)their personal details change (including, but not limited to, their address, email address or phone number) as soon as practicable after the change.
(b)their BRC Card or mobile device is lost or stolen; and/or
(c)they would like to close their account.
3.3Members are to keep their BRC Card and or BRC App details safe, secure and confidential.
3.4Brumby’s Bakery is not responsible for any loss (financial or otherwise), loss of points or benefits available to BRC Members in connection with any failure by a Member to duly notify Brumby’s Bakery of any change in their details.
3.5Brumby’s Bakery is not liable for any unauthorised use of the BRC Card or BRC App, This includes, but is not limited to, any delay by a Member to report a lost, misplaced or stolen BRC Card or BRC App. Brumby’s Rewards will not accrue on a Member’s account once a Member has reported that their BRC Card or BRC App has been lost, misplaced or stolen.
3.6BRC Cards or the BRC App are not legal tender, credit or debit cards and remain the property of Brumby’s Bakery.
3.7Members must not:
(a)act in any way which breaches these Terms and Conditions; or
(b)abuse or misuse the BRC or any rewards accorded to the Member as a result of Membership including by:
(i)engaging in illegal or fraudulent activities;
(ii)supply or attempting to supply false or misleading information, or making a misrepresentation to Brumby’s Bakery;
(iii)selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward other than in accordance with these Terms and Conditions;
(iv)acting in a hostile, abusive or aggressive way towards any Brumby’s Bakery staff.
Errors, Lost or Stolen Cards
3.8Should a Member wish to make a claim for any errors in the allocation of Brumby’s Rewards, they must email Brumby’s Bakery at firstname.lastname@example.org with their unique BRC Card identification number printed on the card (as applicable), a detailed summary of the error they believe has occurred and supporting receipts for the transaction within twenty eight (28) days of the transaction that took place.
3.9The Member must notify Brumby’s Bakery immediately if your BRC Card or Smart Phone has been lost or stolen or damaged, by contacting the Brumby’s Bakery Marketing Team.
3.10If a Member’s BRC Card and or smart phone has been lost, stolen or damaged:
(a)Brumby’s Rewards will not accrue once a Member has reported a mobile device and/or BRC Card as lost or stolen to Brumby’s Bakery, until a replacement BRC Card or account via the BRC App has been activated and issued.
(b)Brumby’s Bakery may issue the Member with a replacement BRC Card with a new identification number.
(c)Any Brumby’s Rewards earned by a Member who has completed Registration as at the date of valid notification to Brumby’s Bakery that the BRC Card and/or mobile device was lost, stolen or damaged will be transferred to the Member’s new BRC Card or BRC App account.
(d)Brumby’s Bakery reserve the right to charge for issuing a Member a replacement Brumby’s Rewards Card (if applicable).
(e)Any Brumby’s Rewards earned on the BRC Card that was not registered may be cancelled without compensation at Brumby’s Bakery’s reasonable discretion in accordance with these Terms and Conditions.
3.11Brumby’s Bakery may request information or identification from a Member confirming the Membership to the BRC. If you do not provide the requested identification or information Brumby’s Bakery may not be able to issue a replacement BRC Card, cancel or activate a new Membership or transfer any accrued Brumby’s Rewards or credit points.
Cancellation, Suspension and Termination
3.12Brumby’s Bakery reserves the right, at any time without notice, to immediately:
(a)terminate the BRC;
(b)suspend or terminate Membership in the BRC at it’s sole discretion (acting reasonably);
(c)decline to issue or cancel the BRC App or BRC card (including any replacement BRC App or BRC card);
(d)reject an application for Membership; or
(e)reverse any Brumby’s Rewards credited to an account.
3.13Members agree that the grounds for Brumby’s Bakery doing any of the acts in clause 3.11 include (but are not limited to):
(a)a breach of these Terms and Conditions;
(b)conduct that is an abuse of Membership, the BRC or undermines the legitimate interests of Brumby’s Bakery;
(c)where Brumby’s Rewards are earned by fraudulent, misleading or dishonest conduct or suspected fraudulent, misleading or dishonest conduct;
(d)a Member has not used their Brumby’s Bakery loyalty account for twelve (12) months, including earning or redemption of Brumby’s Rewards within a consecutive twelve (12) month period;
(e)death or bankruptcy of the Member; or
(f)any other reason Brumby’s Bakery deems reasonable.
3.14If Brumby’s Bakery terminates or suspends a Membership, it may at its sole discretion terminate any or all Brumby’s Rewards earned on the BRC without compensation.
3.15If Brumby’s Bakery terminates the BRC by giving the Member at least fourteen (14) days’ Notice:
(a)the Member will not be eligible to earn Brumby’s Rewards from the date of the Notice;
(b)the Member’s existing allocation of Brumby’s Rewards will be forfeited and cancelled, and Brumby’s Bakery shall have no further liability to the Member.
3.16A Member may terminate their Membership at any time by providing written notice by email to Brumby’s Bakery. In terminating their Membership, a Member:
(a)will not be eligible to earn Brumby’s Rewards from the date of providing Brumby’s Bakery with written notice;
(b)any existing allocation of Brumby’s Rewards will be forfeited and cancelled, and Brumby’s Bakery shall have no further liability to the Member.
3.17Deleting the BRC App or destroying the BRC Card will not terminate a Member’s account.
3.18If requested by Brumby’s Bakery, on termination of the Membership, the Member must return the BRC Card to Brumby’s Bakery within fourteen (14) days.
4.1Members who have Registered will receive 1 (one) regular size Hot Beverage or 1 (one) free Bread Loaf after they complete the online Registration, which will be issued to the Member directly on their BRC Card or BRC App (Registration Reward). This reward must be redeemed within three (3) months of Registration, after which the Registration Reward will be cancelled without further notice. A Member who has not Registered will not be entitled to a Registration Reward.
4.2The Registration Reward is applicable for new Members only. Current and existing Members of the Brumbys Bread Lovers Program are not entitled to receive the Registration Reward, however, if they download the BRC App they will received 1 (one) free regular size Hot Beverage or 1 (one) free Bread Loaf after they complete the BRC APP Registration online (Bonus Transition Reward). The Bonus Transition Reward is only applicable for current Brumby’s Bread Lovers Program Members. This reward must be redeemed within three (3) months of Registration, after which the Registration Reward will be cancelled without further notice.
4.3Members who have Registered will receive 1 (one) regular size Hot Beverage or 1 (one) free Bread Loaf each year on their birthday, which will be issued to the Member directly on their BRC Card or BRC App (Birthday Reward). The Birthday Reward will be valid for thirty-one (31) days from the Members birthday provided at the time of Registration. A Member who has not Registered will not be entitled to the Birthday Reward.
4.4The BRC entitles Members to receive a regular size Hot Beverage after eight (8) Hot Beverages (of equal or greater value) are purchased (i.e. 9th Hot Beverage is free) (Free Hot Beverage Reward).
4.5The BRC entitles Members to receive a free Bread Loaf after eight (8) Bread Loaves (of equal or greater value) are purchased (i.e. 9th Bread Loaf is free) (Free Bread Reward).
4.6A reward for the purposes of BRC, is earned each time the Member uses their BRC Card or BRC App to purchase a Hot Beverage or a Bread Loaf at a participating Brumby’s Bakery store (“Qualified Purchase”).
4.7For each Qualified Purchase, the Member will receive one (1) credit point. After having accrued eight (8) credit points, the Member will be eligible for a Free Hot Beverage Reward or a Free Bread Reward. The Free Hot Beverage Reward or the Free Bread Reward must be redeemed within three (3) months from the date that the eighth (8th) credit point was applied to the BRC Card or BRC App, after which the Brumby’s Rewards will expire.
4.8For the avoidance of doubt, the Free Hot Beverage Reward is a separate rewards system to the Free Bread Reward. A Member cannot accumulate credit points by combining Bread Loaf credit points and Hot Beverage credit points (i.e. by purchasing 4 (four) Hot Beverages and 4 (four) Bread Loaves will not entitle the Member to receive a Free Bread Reward or a Free Hot Beverage Reward, the Member must purchase 8 (eight) Hot Beverages to redeem the 9th free and the Member must purchase 8 (eight) Bread Loaves to redeem the 9th free).
4.9To obtain a credit towards a Free Hot Beverage or Free Bread Loaf:
(a)Members must, at the beginning of the purchase of a hot beverage or loaf of bread, present the QR Code within the BRC App via their mobile device for scanning, or present their BRC Card for swiping, at the Point of Sale (“POS”) prior to the conclusion of the transaction at the participating
(b)The team Member employed at the participating Brumby’s Bakery Store must scan the BRC Card or BRC App at the POS facility.
(c)In order for a purchase to be counted as a Qualified Purchase, the above steps must be complied with.
(d)Brumby’s Rewards will be awarded to the Members Brumby’s Rewards account after their transaction has completed and are only recognised and available after they are successfully processed to the Member’s BRC Account.
4.10Members who have completed Registration can view the beverage count and/or bread count acquired on their BRC Account at any time by visiting the ‘BRC Card’ section of their BRC App or by visiting http://www.brumbys.com.au/brumbysrewards and entering their valid login details. If a Member has not completed their Registration, they will unable to view the beverage count and/or bread count on the BRC Account or BRC App until the Registration is completed.
4.11A Member may redeem no more than four (4) accrued Free Hot Beverage Rewards or four (4) accrued Free Bread Rewards within any single transaction.
4.12Members will be provided ten (10) days’ notice, via SMS or notifications within the BRC App, or email (as applicable) of any Brumby’s Rewards that are due to expire so that they may avail themselves of the BRC and any accrued Brumby’s Rewards.
4.13Brumby’s Rewards are not able to be redeemed or exchanged for other items, or any currency whatsoever, including Australian dollars.
4.14Member’s rights under these Terms and Conditions cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.
4.15Brumby’s Rewards are not the personal property of the Member and are only redeemable for Brumby’s Rewards that form part of the BRC (as amended from time to time by Brumby’s Bakery) and always only at participating Brumby’s Bakery Stores.
4.16Brumby’s Rewards can only be earned by a Member for personal benefit and must not be used for any commercial or not-for-profit association purposes unless expressly authorised by Brumby’s Bakery in writing.
4.17Brumby’s Bakery will reverse from a Member’s BRC account any rewards that have been or are to be credited to that Member’s BRC Account that:
(a)have been credited to their BRC Account in error; and/or
(b)relates to a transaction which has been cancelled, reversed, or relates to a refund given; and/or
(c)there are other grounds Brumby’s Bakery considers reasonable to warrant a reversal including (without limitation) Brumby’s Rewards awarded through fraudulent, misleading or deceptive conduct by the Member, or persons associated with the Member.
4.18Brumby’s Bakery may introduce promotion programs relating to the BRC whereby these Terms and Conditions may be varied as applicable to such programs.
4.19Brumby’s Bakery reserves the right to de-register and make ineligible for any reward a Members BRC Card or BRC App that has incurred an inactive period for two (2) consecutive years.
4.20All Brumby’s Rewards are subject to availability. Brumby’s Bakery is not responsible if a reward is not available for any reason. Participating Brumbys Bakery stores may substitute a Brumby’s Reward, at the owner’s discretion, in the event said reward is not available.
4.21Brumby’s Bakery reserves the right to request identification from the Member that they are the registered BRC App and / or BRC Card holder.
5.ADDITIONAL BENEFITS AND PROMOTIONS
5.1Members may qualify for other benefits or rewards or promotions which may be offered by Brumby’s from time to time (“Other Benefits or promotions”).
5.2Other Benefits or promotions will be advertised by Brumby’s Bakery and/or its associated entities or franchisees by a method at the direction of Brumby’s Bakery (this may include by mail, SMS, email, in participating Brumby’s Bakery Stores’ advertising material, social media and/or the Brumby’s Bakery website www.brumbys.com.au/brumbysrewards and will have terms and conditions specific for that promotion.
6.CHANGES TO BRC
6.1Subject to clause 6.2, Brumby’s Bakery, at its discretion, may make any changes (whether material or otherwise) to these Terms and Conditions, including, without limitation:
(a)the range of Members and method of redemption.
(b)the points or credit a Member can earn per transaction;
(c)the range of Brumby’s Rewards and the number of points or credit, or consideration, required for Brumby’s Rewards;
(d)the period for expiry of existing or future Brumby’s Rewards on a Member’s account.
6.2Brumby’s Bakery will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit the BRC, to give Members at least twenty-one (21) days’ notice.
6.3Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Brumby’s Bakery notifies Members of any change:
(a)via the Brumby’s Bakery website (www.brumbys.com.au/brumbysrewards);
(b)the BRC Member portal;
(d)via the Member’s last disclosed postal address;
(e)via the Member’s mobile number; and/or
(f)by any other direct communications sent to Members.
7.1To the maximum extent permitted by law, Brumby’s Bakery will not be liable to them in any way (including negligent acts and omissions) with respect to:
(a)any breach of these Terms and Conditions (express or implied by law) by any person or representative other than an authorised representative of Brumby’s Bakery;
(b)any Brumby’s Rewards that are unused as at the date of cancellation or termination of their Membership or the BRC;
(c)any unauthorised use of a BP App or BRC card as a result of their delay to report the lost or stolen BRC App or BRC card to Brumby’s Bakery;
(d)delay in issuing Brumby’s Rewards to a Member’s BRC account or replacement of the BRC card or BRC App;
(e)damage, theft or loss to of any BRC App or BRC card or documentation issued by Brumby’s Bakery by post or delivery;
(f)for matters of and incidental to the termination or suspension of the BRC, Membership or the BRC;
(g)Brumby’s Rewards or other benefit provided to the Member under the BRC;
(h)any death, loss or damage as a result of the Membership under the BRC;
(i)any failure or inability to provide Brumby’s Rewards caused by circumstances beyond its control (inclusive of disputes, acts of God, flood, weather, war or civil disturbance);
(j)any government tax, duty, other charge or liability in respect of the BRC incurred as a result of your Membership is the responsibility of the Member; and
(k)any other liability, loss or damage incurred by the Member (or any other person) in connection with the BRC.
7.2The Member agrees that the above limitation of liability also applies to Brumby’s Bakery (and its Related Bodies Corporate within the meaning on that term under section 50 of the Corporations Act 2001 (Cth)). Nothing in these Terms and Conditions limits the Member’s rights under the Australian Consumer Law.
8.1The Member acknowledges and agrees that Brumby’s Bakery may provide them Notice:
(a)by email, post or SMS to the last known postal address or email address or mobile number provided on the Brumby’s Rewards APP or Member Portal; or
(b)on the Brumby’s Bakery website.
9.PRIVACY, COLLECTION, USE & DISCLOSURE
9.1This privacy notice is provided to the Member by Brumby’s Bakery and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.
9.3The Member consents to Brumby’s Bakery contacting them from time to time, including telephone, post, facsimile and electronic (i.e. SMS, internet) methods.
9.4Collection: The information Brumby’s Bakery collects is:
(a)the information provided by the Member at the point of sale, or on the registration page of the Brumby’s Rewards App or website located at https://brumbys.com.au/brumbysrewards;
(b)transactional information when the Member shops using their Brumby’s Rewards App and/or Card such as, but not limited to, the store(s) the Member shopped at, when the Member shopped, the Member’s purchases and method of payment;
(c)information the Member may provide from time to time through contact with the Brumby’s website or that the Member provides on the Brumby’s Rewards website at https://brumbys.com.au/brumbysrewards;
(d)information regarding the Member’s payment preferences in conjunction with their Brumby’s Rewards App and/or BRC card;
(e)information to improve the Brumby’s Bakery website and services, including by means of product development and market and behavioural research; and
(f)information for operational management of the BRC.
9.5Marketing consent: the Member provides their express consent to Brumby’s Bakery:
(a)sending the Member marketing communications via email, SMS, in-app notifications or other digital means, including (but not limited to) news, updates, offers, and promotions.
(b)The Member can opt out of receiving all or any communications listed above:
(i)for email and digital advertising by updating their email preferences;
(ii)for in-app notifications via their app preferences;
(iii)for SMS messages, by opting out directly from an SMS.
9.6The use and disclosure of the Member’s personal information may include (but not limited to):
(a)use of the Member’s information to keep them informed about promotions, products, offers, and discounts regarding Brumby’s Bakery; and
(b)for the planning, research, marketing and product, service development and to contact them as a result of any dealing they may have had at Brumby’s Bakery or at a Brumby’s Bakery Store.
9.7Brumby’s Bakery will take all reasonable steps to ensure the Member’s personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by Brumby’s Bakery.
9.8The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Brumby’s Bakery is not liable for unauthorised access.
9.9The Member agrees that in using the BRC App, they consent to our use of the location of their device, in order that Brumby’s Bakery can provide the BRC App functionalities to the Member, such as store location.
9.10Brumby’s Bakery reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access to information.
9.11This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the BRC.
10.1In these Terms and Conditions “we”, “us”, or “our” means RFGA Management Pty Ltd ACN 071 764 609 (‘Brumby’s Bakery’) or its authorised representatives.
10.2If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
“BRC” means the loyalty program operated and managed by Brumby’s Bakery under which a Member may accrue or redeem Brumby’s Rewards in accordance with these Terms and Conditions.
“BRC App” means the loyalty app scheme provided by Brumby’s Bakery for use by each Member in relation to the Brumby’s Rewards Program.
“BRC Card” means the loyalty card scheme provided by Brumby’s Bakery for use by each Member in relation to the Brumby’s Rewards Club.
“Brumby’s Bakery Store” means any franchised or corporate operated Brumby’s Bakery store (for a full list of store locations visit www.brumbys.com.au/stores/).
“Brumby’s Bread Lovers Program” means the Brumby’s former loyalty rewards program together with the Brumby’s Bread Lovers Card and all registered members of the Brumby’s Bread Lovers Program.
“Brumby’s Marketing Team” means the marketing team of Brumby’s Bakery. The Brumby’s Bakery Marketing Team can be contacted via the following methods:
- email – email@example.com
- post – Brumby’s Bakery Marketing Team, PO Box 1549, Southport QLD 4215
“Bread Loaf and/or Bread Loaves” means a Brumby’s Bakery bread loaf/loaves identified in Annexure A and expressly excludes all items listed in the table, together with any items not included in Annexure A.
“Brumby’s Rewards” means coffees, hot beverages, Brumby’s Bakery bread, Brumby’s Bakery products, promotional prizes (including goods and services, as nominated by Brumby’s Bakery from time to time in its absolute discretion and subject always to availability).
“Hot Beverage” includes a regular size hot drink, such as those falling within the categories: ‘Coffee’, ‘Tea’, ‘Hot Chocolate’, ‘Hot Drinks’ as set out on the Brumby’s Bakery menu from time to time and otherwise prepared on the premises of the participating Brumby’s Store and served in a Brumby’s Bakery branded cup. “Hot Beverage” does not include any pre-bottled beverages.
“Member” means reference to ‘you’ and ‘your’ and a person who has Registered online in the BRC or if Registration has not been completed, a person who has been issued with a MLP Card by Brumby’s Bakery.
“Membership” means Membership of the BRC Card and/or BRC App to the BRC.
“Registration” means registering your details (including your full name, sex, date of birth, email address, telephone or mobile phone number, postal address and the unique BRC Card number printed on the card (as applicable) in the BRC APP, and or at the Brumby’s Bakery website www.brumbys.com.au/brumbysrewards.
“Terms and Conditions” means the BRC Terms and Conditions set out in this agreement (as amended by Brumby’s Bakery from time to time in accordance with this agreement).
In accordance with clause 4 of these Terms and Conditions, the following is a list of approved Brumby’s Bread Loaf/Loaves for redemption as part of the BRC. All excluded items listed are not available as a Free Bread Reward for the purposes of the BRC. Any items absent from the table are also considered excluded items. Subject to store availability.
Included Brumby’s Bread Loaf/Loaves
Excluded Brumby’s Bread Loaf/Loaves
Mini White Loaf