Terms and Conditions

InSeason Rewards Terms and Conditions

These are the terms on which Countrywide permits you to access the whatsinseason.com.au website (Website) owned and operated by Countrywide Australasia Limited ACN , 068 162 676 (“Countrywide”, “us,” “we,” “our”) . Your access to the Website and use of your Account and the Program is subject to the terms and conditions (Terms and Conditions) set out below.

By completing the online registration process, you agree to be bound by the Terms and Conditions, and you represent and warrant that you have the right, authority and capacity to accept them on behalf of the customer. If you do not agree to these Terms and Conditions, you must not use or access the Website or participate in the Rewards Program.

Without limiting the Terms and Conditions set out below, we draw to your attention the following key conditions upon which the InSeason Rewards Program is provided:

• Award Points can only be earned and redeemed by Registered Customers who are customers of a current Participating Countrywide Distributor and within their agreed payment terms. Countrywide Members, competitors and suppliers are not eligible to participate in the rewards program
• Countrywide has the right to suspend or terminate a customer account if a customer breaches any of the Terms and Conditions, including payment default to a Countrywide Distributor or by providing false or misleading information to Countrywide.
• Award Points (excluding bonus Award Points) are earned at a rate of 1 Award Point per A$1 (excluding GST).
  Customers must notify Countrywide within 6 months of the relevant transaction if they believe there is a discrepancy in Award points being reported (versus earned).
• Countrywide may deduct Award points from a customer account that have been credited in error.
  Reward items appearing on the Website are subject to availability and provided on a first in, first out basis (ie based on when points were credited).
• Award Points will expire at the end of the 12th calendar month following the month in which they were first credited.
  Countrywide wide may vary the Program and the Terms and Conditions at any time in its absolute discretion. Changes will typically be implemented (with reasonable notice) provided prior to the end of each Earning period.
• Customers may redeem, pool or transfer their Award points subject to the restrictions set out in the Terms and Conditions.
  Countrywide may terminate or suspend the Program at any time subject to notice and will endeavour to provide 3 months notice.
• Countrywide collects and uses your information (including personal information and de-identified data) for its business purposes set out in Section 15, including in connection with administering your account, various marketing/promotional activities and data analytics. We also share this information with trusted third parties.
• Countrywide’s liability is limited to resupplying the services or reinstating or recrediting Award points. Countrywide accepts no liability and provides no warranties in relation to any products or services provided to you by third parties (including Countrywide Distributors) in connection with the rewards program.

Terms and conditions

1. Introduction

1. 1.1  These Terms and Conditions apply to the InSeason Rewards Program and are effective from the Effective Date specified above (“Effective Date”). Countrywide provides the Program on and subject to these Terms and Conditions. The Program is owned and operated by Countrywide.
2. 1.2  Subject to Section 2.5, participation in the Program is open to all customers of Participating Countrywide Distributors, provided they register and become a Registered Customer as described below.
3. 1.3  These Terms and Conditions set out important rights and obligations of customers of Participating Countrywide Distributors that participate in the InSeason Rewards Program.
4. 1.4  Further details about the Program, including about earning and redeeming Award Points, are available on the Website.
5. 1.5  You must be a Registered Customer to participate in the Program, and to earn and redeem Award Points.

2. Participating in the InSeason Rewards Program

1. 2.1  Customers of Participating Countrywide Distributors may apply to participate in the Program by registering their details on the Website (including the details of at least one Distributor Account the customer wishes to include in the Program and a valid email address for the proposed Account Owner). Each customer that is accepted into the Program is a “Registered Customer”.
2. 2.2  Without limiting Section 4 (Termination or suspension of participation in the Program), and subject to Countrywide’s rights to change the Program (including these Terms and Conditions), Registered Customers do not need to re-register or re-join the Program in order to participate in the Program for successive Earning Periods.
3. 2.3  Registered Customers participate in the Program with regard to each Distributor Account nominated by the Registered Customer during the registration process described in Section 2.1, and any other Distributor Accounts nominated by the Registered Customer via the Website. Each Distributor Account that a Registered Customer has nominated to be included in the Program is referred to as a “Registered Distributor Account”. Each Registered Distributor Account will have a corresponding Program account allocated to it for the purposes of the Program and earning and redeeming Award Points under the Program (each a “Program Account”) in respect of that Registered Distributor Account. For clarity, a Program Account is not a Distributor Account through which purchases are made – a Program Account is an InSeason Rewards Program account only for earning and redeeming Award Points under the Program for the applicable Registered Distributor Account.
4. 2.4  Each Program Account must have an Account Owner registered and linked to it. A Program Account cannot be linked to more than one Account Owner, but multiple Program Accounts can be linked to the same Account Owner. All Program Accounts that are linked to a single Account Owner are collectively a “Program Account Group”.
5. 2.5  Countrywide may accept or reject any application to participate in the Program in its sole discretion. Without limiting the foregoing, unless otherwise determined by Countrywide in its sole discretion, the following entities and their employees are not eligible to participate in the Program:
   1. Countrywide distributors or a Related Body Corporate,
   2. competitors of Countrywide or of Countrywide distributors,
   3. suppliers to Countrywide or Countrywide distributors, or
   4. government customers or national contract customers of Countrywide or Countrywide distributors
6. 2.6  Without limiting Section 2.5, Countrywide distributors cannot apply to participate, or participate (e.g., by administering a Program Account or by redeeming Award Points), in the Program on behalf of any of their customers.
7. 2.7  Registered Customers must notify Countrywide as soon as possible after they become aware of any unauthorised access to a Program Account. Registered Customers are liable for all unauthorised access to a Program Account until Countrywide (or the Program Administrator) is notified of such unauthorised access.
8. 2.8  By applying to join the Program, or by participating in the Program (including by earning or redeeming Award Points), each Registered Customer:
   1. agrees to be bound by these Terms and Conditions, including any changes to these Terms and Conditions under Section 12, and
   2. represents and warrants that it is authorised to participate in the Program, and that such participation will not cause the Registered Customer to breach any applicable laws or any contractual obligation of the Registered Customer.
9. 2.9  In order for a Registered Customer to participate in the Program (including earning and redeeming Award Points), the Program registration details for the Registered Customer must include at least one Registered Distributor Account and a valid email address for the Account Owner.
10. 2.10  If at any time a Registered Customer does not have a Registered Distributor Account and a valid email address for the Account Owner, and the Registered Customer does not have a corresponding Program Account with a balance of Award Points (due to redemption, expiry or cancellation of the Award Points in accordance with these Terms and Conditions), Countrywide may at its discretion close the Registered Customer’s Program Account or Accounts and terminate the Registered Customer’s registration as a Registered Customer. If that customer then subsequently wishes to register again to participate in the Program, the customer will need to re-register as per the process in Section 2.1.

3. Account Owners, Account Administrators, and Account Users

1. 3.1  Registered Customers will have online access to their Program Accounts at the Website, and may allow Account Owners, Account Administrators, and Account Users to administer and/or access a Program Account as described on the Website.
2. 3.2  Before an Account Owner, Account Administrator, or Account User can access a Program Account, they must first register their details (including a valid email address) on the Website. In addition, in order to administer and/or access a Program Account as described on the Website, each Account Owner, Account Administrator, and Account User must have and maintain a valid email address as part of his/her registered details.
3. 3.3  By registering to access Program Accounts, or by administering or accessing a Program Account, each Account Owner, Account Administrator, and Account User:
   1. agrees to be bound by these Terms and Conditions, including any changes to these Terms and Conditions under Section 12,
   2. represents and warrants that they are authorised to bind and represent the applicable Registered Customer in relation to the instructions they provide with respect to a Program Account, and
   3. acknowledges that they have no right to Award Points in a Program Account.
4. 3.4  Registered Customers acknowledge that Countrywide will act on the instructions provided by Account Owners, Account Administrators, and Account Users with regard to a Program Account.
5. 3.5  Account Owners, Account Administrators and Account Users are responsible for maintaining the confidentiality and security of the Program Account password and Program Account information, and must take all necessary steps to prevent its unauthorised use including:
   1. not disclosing the password to any third party;
   2. using a strong password that is not used for other Customer accounts;
   3. regularly changing the password;
   4. taking reasonable technological and operational security measures to protect Customer passwords, devices and systems;

   Countrywide will not be liable for any loss, misuse, or unauthorised disclosure of Program Account information arising from a failure of the Account Owner, Account Administrator or Account Users to comply with these confidentiality and security obligations.

4. Termination or suspension of participation in the InSeason Rewards Program

1. 4.1  Registered Customers, Account Owners, Account Administrators, and Account Users must not:
   1. breach any applicable law (and Account Owners, Account Administrators, and Account Users must not cause a Registered Customer to breach any applicable law),
   2. supply false or misleading information, or make any misrepresentation, to Countrywide or Countrywide distributors,
   3. act in an abusive or offensive manner to any staff of Countrywide or Countrywide Distributors, or
   4. therwise breach these Terms and Conditions, or cause a breach of these Terms and Conditions.
2. 4.2  Registered Customers must pay undisputed amounts owed to Countrywide distributors under Registered Distributor Accounts by the applicable due date for payment.
3. 4.3  If a Registered Customer or any of their Account Owners, Account Administrators, or Account Users has breached these Terms and Conditions, or Countrywide becomes aware or is notified that a Registered Customer has not paid any undisputed amounts owed to Countrywide distributors under Registered Distributor Accounts by the applicable due date for payment, Countrywide may do any one or more of the following:
   1. suspend the operation of one or more of the Registered Customer’s Program Accounts,
   2. suspend the ability of the Registered Customer to earn Award Points,
   3. suspend the ability of the Registered Customer to redeem Award Points,
   4. limit the selection of rewards available to the Registered Customer,
   5. reverse or cancel Award Points awarded to the Registered Customer, or
   6. terminate the participation of the Registered Customer in the Program. Termination will result in all Award Points accumulated by the Registered Customer being immediately cancelled and unable to be redeemed.
4. 4.4  Subject to Section 6.3, Countrywide will notify a Registered Customer when Countrywide takes any of the actions described above and, if requested by the Registered Customer, will provide reasonable details of the reason for that action.
5. 4.5  Registered Customers may cancel their participation in the Program for one or more Program Accounts on written notice to Countrywide. Upon receipt of such request, Countrywide will close the relevant Program Account(s) and all Award Points in the relevant Program Account(s) will be cancelled and will be unable to be redeemed.

5. Earning Award Points

1. 5.1  Registered Customers may earn Award Points (including bonus Award Points arising from promotional offers by Countrywide or its partners) on purchases of eligible products from Participating Countrywide Distributors through Registered Distributor Accounts from the beginning of the calendar month in which the applicable Registered Distributor Account was included in the Program under Section 2.3.
2. 5.2  Eligible products and the rates and terms and conditions on which Award Points are earned on eligible products are described in the Countrywide online product catalogue on the Website from time to time and are subject to change. As at the Effective Date, and subject to Section 6, Award Points (excluding bonus Award Points) are earned at a rate of 1 Award Point per A$1 (excluding GST) paid by Registered Customers for purchases of eligible products through a Registered Distributor Account.
3. 5.3  Award Points will be credited to each Program Account as soon as practicable after the relevant Participating Countrywide Distributor has supplied Countrywide with details of eligible purchases. Award Points will be credited to Program Accounts based on the data provided by the Participating Countrywide Distributors to Countrywide or the Program Administrator. Countrywide is not liable or responsible for any late or incomplete data provided by a Participating Countrywide Distributor or any error in the allocation or crediting of Award Points arising from any error or fault or misdescription in that data.
4. 5.4  Registered Customers are responsible for monitoring the balance of Award Points in their Program Accounts and must notify Countrywide of any error or inaccuracy within 6 months after the date of the relevant transaction. Countrywide will investigate the error or inaccuracy, which may include directing the Registered Customer to contact the applicable Participating Countrywide Distributor.
5. 5.5  Except as described in Section 10.1(Pooling) and Section 11 (Transfers), Award Points are not transferable. Further, Award Points are not money and cannot be converted to or exchanged for money.
6. 5.6 All Awards are provided “as is” without any warranties, either express or implied. Countrywide is not liable or responsible for any issues with products or services offered or provided by Countrywide Distributors as part of the Awards Program including relating to any delivery delays, incorrect deliveries, non-deliveries or faulty products. Any such issues or disputes shall be resolved between the Registered Customer/ Account Owner and the Countrywide Distributor.

6. Earning Award Points – exclusion

1. 6.1  Award Points are not earned:
   1. on purchases of eligible products made by Registered Customers:
   1. during the month of June in each year, or
   2. that have been cancelled, reversed, or returned, or
   2. on the amount of any GST paid by Registered Customers for eligible products.
2. 6.2  Award Points are also not earned on purchases of eligible products made by Registered Customers through a Registered Distributor Account during any period that Countrywide becomes aware or is notified that the Registered Customer has not paid any undisputed amounts owed on that Registered Distributor Account by the applicable due date for payment.
3. 6.3  Without limiting Section 4.3, Countrywide may deduct Award Points from a Program Account that relate to purchases of eligible products described in this Section 6, or that have been otherwise credited to that Program Account in error. For clarity, Section 4.4 does not apply where Countrywide decides to deduct Award Points under this Section 6.3.

7. Redeeming Award Points

1. 7.1  Award Points can only be redeemed by Registered Customers as described in these Terms and Conditions and on the Website. Reward items are subject to availability and availability is limited.
2. 7.2  Award Points redeemed for rewards will be deducted from the applicable Program Account on a first-in first-out basis (that is, the Award Points first credited to the Program Account will be deducted first).
3. 7.3  Registered Customers must ensure that reward items received upon redemption of Award Points are used and applied in accordance with all applicable laws. Countrywide is not liable for and takes no responsibility for the use or application by Registered Customers (or Account Owners or Account Administrators) of any such rewards.
4. 7.4  Rewards may be subject to additional terms and conditions that will be notified to Registered Customers prior to finalising the applicable redemption request.

8. Activity statements

1. 8.1  Registered Customers and their Account Owners and Account Administrators, may view and print statements showing details of Award Points earned and redeemed under a Program Account on the Website. No paper statements will be issued by Countrywide.

9. Expiry of Award Points

1. 9.1  Award Points will expire at the end of the 12th calendar month following the month in which they were first credited. The date Award Points were first credited refers to the date on which the points were first credited after being earned in respect of the purchase of eligible products.
2. 9.2  Transfers of Award Points to another Program Account (including under any pooling arrangement) does not change the date those Award Points were first credited.
   Award Points cannot be reinstated after they have expired.

10. Pooling of Award Points

1. 10.1  Award Points earned under a Program Account can be pooled into another Program Account within the same Program Account Group subject to the following:
   1. the Account Owner of the Program Account Group must, on the Website, designate one Program Account to be the “Primary Program Account” (being the Program Account to which Award Points will be transferred under the pooling arrangement) and one or more Program Accounts to be “Sub Program Accounts” (being the Program Account from which Award Points will be transferred to the applicable Primary Program Account),
   2. any existing Award Points under Sub Program Accounts will be automatically transferred to the applicable Primary Program Account,
   3. all future Award Points earned under Sub Program Accounts will be automatically credited to the applicable Primary Program Account,
   4. Award Points cannot otherwise be redeemed or transferred from Sub Program Accounts,
   5. Award Points can only be pooled from and to Program Accounts that:
   1. are in the same Program Account Group, and
   2. are allocated to Registered Distributor Accounts with the same Participating Countrywide Distributor,
   6. a Program Account cannot be a Primary Program Account and a Sub Program Account at the same time,
   7. the Account Owner can remove a Program Account from the pooling arrangement under a Program Account Group at any time via the Website, and
   8. no payment or other consideration may be paid or received in respect of the transfer or pooling of Award Points under this Section 10.

11. Transfers of Award Points

1. 11.1  Award Points in a Program Account can be transferred into another Program Account within the same Program Account Group subject to the following:
   1. each transfer must be for the entire number of Award Points in the transferring Program Account,
   2. after Award Points have been transferred, the transfer cannot be reversed or cancelled,
   3. Award Points can only be transferred from and to Program Accounts that:
   1. re in the same Program Account Group, and
   2. re allocated to Registered Distributor Accounts with the same Participating Countrywide Distributor, and/li>
   4. no payment or other consideration may be paid or received in respect of the transfer of Award Points under this Section 11.

12. Changes to the InSeason Rewards Program

1. 12.1  Countrywide may change the Program (including these Terms and Conditions) in its sole discretion at any time.
2. 12.2  Without limiting Section 12.1, Registered Customers acknowledge that Countrywide intends to conduct a review, prior to the commencement of each Earning Period, of the scope of eligible products and rewards in the Program, and the rates at which Award Points may be earned and redeemed, for that upcoming Earning Period. Any changes to the Program following that review will be notified to Registered Customers on or prior to commencement of the relevant Earning Period.
3. 12.3  Countrywide will give notice of any change to these Terms and Conditions by posting a revised version on the Website. Except for changes to the scope of eligible products resulting from the reviews described in Section 12.2, Countrywide will use reasonable efforts to provide at least 30 days’ notice of changes to the Program (including to these Terms and Conditions) that may materially adversely impact Registered Customers.
4. 12.4  By accepting the changed Terms and Conditions on the Website, or by continuing to participate in the Program after the effective date of changes to these Terms and Conditions (e.g., by continuing as a Registered Customer, by accessing a Program Account, or by earning or redeeming Award Points, or by any Account Owner, Account Administrator or Account User doing so on behalf of the Registered Customer), Registered Customers agree to be bound by the changed Terms and Conditions.

13. Registered Distributor Accounts cease to be eligible to participate in the Program

1. 13.1  Should a Participating Countrywide Distributor cease to participate in the Program at any time so that a Registered Distributor Account of that Distributor nominated by a Registered Customer ceases to be eligible to participate in the Program, or a Registered Distributor Account nominated by a Registered Customer otherwise ceases to be eligible to participate in the Program through no fault or default of the Registered Customer, affected Registered Customers will have the opportunity to:
   1. nominate another Distributor Account to be registered as a Registered Distributor Account for that Registered Customer; and
   2. redeem their balance of unexpired Award Points in the corresponding Program Account in accordance with these Terms and Conditions (or transfer in accordance with Section 10 (Pooling) and Section 11 (Transfers), if eligible), until expiry or cancellation of those Points as described in these Terms and Conditions, provided that after the relevant Registered Distributor Account ceases to be eligible to participate in the Program:
   1. Award Points will not be able to be redeemed for a Distributor credit; and
   2. Award Points will only be able to be pooled or transferred in accordance with Section 10 (Pooling) and Section 11 (Transfers) from and to Program Accounts that (A) are in the same Program Account Group, and (B) were allocated to Registered Distributor Accounts with the same Participating Countrywide Distributor prior to the relevant Registered Distributor Account or Accounts ceasing to be eligible to participate in the Program.
2. 13.2  If Section 13.1 applies and an affected Registered Customer does not have another Registered Distributor Account and does not nominate another Distributor Account to be registered as a Registered Distributor Account for that Registered Customer, and the Registered Customer’s corresponding Program Account no longer has a balance of Award Points (due to redemption, expiry or cancellation of the Award Points in accordance with these Terms and Conditions), Countrywide may at its discretion close the Registered Customer’s Program Account and terminate the Registered Customer’s registration as a Registered Customer. If that customer then subsequently wishes to register again to participate in the Program, the customer will need to re-register as per the process in Section 2.1.
3. 13.3  The updated list of Participating Countrywide Distributors, and further details about a Registered Customer’s options when a Registered Distributor Account nominated by that Registered Customer ceases to be eligible to participate in the Program, are available on the Website.

14. Termination or suspension of the InSeason Rewards Program

1. 14.1  Countrywide may terminate or suspend the Program at any time on notice to Registered Customers. Countrywide will use reasonable efforts to provide at least 3 months’ notice of such termination or suspension.
2. 14.2  Countrywide will use reasonable efforts to ensure that Registered Customers can continue to redeem Award Points in accordance with these Terms and Conditions during the notice period referred to in Section 14.1.

15. Privacy Notice: Program Information, Personal Information and Other Information

1. 15.1  Countrywide collects information provided by Registered Customers and their respective Account Owners, Account Administrators, and Account Users in applications to participate in the Program, registrations to access Program Accounts, and through participation in the Program (including through the earning and redeeming of Award Points). Countrywide also collects other information about Registered Customers and their respective Account Owners, Account Administrators, and Account Users, including (a) information from Participating Countrywide Distributors about Registered Distributor Accounts and purchases of eligible products, and (b) other information as described in Countrywide’s Privacy Policy and Privacy Statement.
2. 15.2  Registered Customers, Account Owners, Account Administrators, and Account Users each consent to the collection, use, storage, and disclosure of the information described in Section 15.1 for the following purposes:
   1. to administer the Program,
   2. to provide goods, services, or benefits (including rewards) to Registered Customers,
   3. to provide marketing (including direct marketing) and other communications relating to products, services and events to Registered Customers and their Account Owners, Account Administrators, and Account Users,
   4. to assist in identifying ways in which Countrywide can provide Registered Customers with a better service, or enhance their experience of the Program,
   5. to perform analytics to improve the Program and the customer service offerings of Countrywide and its stakeholders;
   6. to comply with Countrywide’s legal and regulatory obligations and enforce any legal rights; and
   7. to fulfill any other purpose as expressly set out in Countrywide’s Privacy Policy.
3. 15.3  Subject to Countrywide taking reasonable steps to ensure the security of your personal information, each Registered Customer, Account Owner, Account Administrator, and Account User (each referred to in this clause as “you”) consent to Countrywide transferring or disclosing your personal information to a Countrywide Related Body Corporate and to other trusted third parties expressly covered in Countrywide’s Privacy Policy, including any entities based overseas.
4. 15.4  Countrywide may also use aggregated data which does not identify individual participants, for various lawful business purposes including:
   1. Generating statistical and analytical reports.
   2. Improving marketing strategies.
   3. Sharing insights with trusted third party partners and stakeholders.
5. 15.5  Registered Customers, Account Owners, Account Administrators, and Account Users can access, correct or update their information and marketing preferences on Website. Please ensure that the information provided is accurate, complete and current, including an active email address. If Countrywide is not provided with the information requested or the information provided is incorrect or incomplete, Countrywide may be unable to register a customer as a Registered Customer and you will not be able to access the benefits of the Program.
6. 15.6  Countrywide’s Privacy Policy provides further details regarding how you may lodge a complaint if you believe there has been a breach of privacy rights, or you have any queries, concerns or other questions regarding Countrywide’s collection of your personal information. You may also contact our Privacy Officer for help by calling (02) 8604 2500 (within Australia) or emailing privacy@countrywide.com.au.

16. Tax

1. 16.1  There may be tax consequences of a Registered Customer’s participation in the Program, including spend on eligible products, Award Points earned or redeemed, Award Points pooled or transferred, making rewards or benefits available to employees or third parties or any other transaction related to the Program.
2. 16.2  Countrywide recommends that Registered Customers and any recipients of rewards under the Program obtain tax advice in relation to any tax consequences (for example, fringe benefits tax) of their participation in the Program.
3. 16.3  Registered Customers are solely responsible for any tax imposed by law in respect of the Program, or the Registered Customers’ participation in Program, and will indemnify Countrywide against any loss or claim arising out of or in connection with any such taxes (including, but not limited to, tax liability (e.g., fringe benefits tax) that arises from a Registered Customer making rewards available to employees or third parties).

17. Liability

1. 17.1  Subject to Sections 17.2, Countrywide and its officers, employees, agents, contractors, and representatives shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising under or in connection with these Terms and Conditions or the Program, whether based in contract, in equity, tort (including negligence), by way of indemnity, under statute or otherwise at law.
2. 17.2  For the avoidance of doubt, nothing in these Terms limits or excludes Countrywide’s liability arising from:
   1. Countrywide’s failure to provide the Awards in accordance with these Terms and Conditions, in which circumstances Countrywide’s liability will be limited to:
   1. reinstating or crediting the number of Award Points in dispute, or
   2. where the dispute or claim relates to a reward, reinstating or crediting the number of Award Points redeemed for that reward.
   2. any non-excludable conditions, guarantees or warranties implied under the Competition and Consumer Act 2010 (Cth), and any such liability that cannot be excluded will be limited to:
   1. the resupply of the Program services,
   2. the payment of the cost of re-supply of the Program services.
   3. for personal injury, illness or death;
   4. for infringement of any person’s intellectual property rights;
   5. for fraud or fraudulent misrepresentation;
   6. where prohibited by an applicable law (but only to the minimum extent required to satisfy that law).
3. 17.3  The liability of a party is reduced proportionately to the extent to which the liability is caused, or contributed to, by the other party. Each party must do what is reasonable in the circumstances to mitigate and minimise any costs, damages, expenses and/or losses incurred or suffered by it in connection with these Terms and Conditions or the Program.

18. General

1. 18.1  These Terms and Conditions and participation in the Program are governed by the laws of the State of New South Wales, Australia. These Terms and Conditions constitute an agreement between each Registered Customer (and their respective Account Owners, Account Administrators, and Account Users) and Countrywide, and each party submits to the non-exclusive jurisdiction of courts in that State.
2. 18.2  If any provision of these Terms and Conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable, then the provision will so far as possible be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so read down, then the provision or relevant part of it will be deemed to be void and severable and the remaining provisions of these Terms and Conditions will not be affected or impaired in any way.
3. 18.3  Notices and other communications (collectively “Notices”) provided by Countrywide (or the Program Administrator) to a Registered Customer, Account Owner, Account Administrator or Account User (each a “Recipient”) may be provided by email (to the Recipient’s Registered Email address), by posting on the Website or by any other form of communication as determined by Countrywide in its discretion. A Recipient will be taken to have received any such Notice upon Countrywide (or the Program Administrator) sending such Notice to the Recipient’s Registered Email address or posting it on the Website.
4. 18.4  Countrywide accepts no responsibility for any lost, stolen or misdirected Notice or any delay in receiving or non-receipt of any such Notice arising as a result of (a) any Registered Email address or any other Recipient contact details held in the Recipient’s Program registration details being invalid or incorrect, and/or (b) the email systems of the Recipient malfunctioning. It is the responsibility of each Recipient to ensure that its Registered Email address and any other contact details held in its Program registration details are valid, correct and up to date.
5. 18.5  Any failure or delay by Countrywide in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights.
6. 18.6  These Terms and Conditions and the Program do not apply to any points earned by customers of Countrywide distributors on or before 31 December 2020 (including under the CW Signature Rewards Program).
7. 18.7  These Terms and Conditions contains the entire understanding between the parties concerning their subject matter and supersedes all prior communications, understanding or agreements between the parties. Each party acknowledges that, except as expressly stated in these Terms and Conditions, that party has not relied on any representation, warranty or undertaking of any kind made by or on behalf of the other party in relation to the subject matter of these Terms and Conditions.

19. Contact details

1. 19.1  Please contact Program customer support if you have any questions regarding the Program or these Terms and Conditions:Email: rewardssupport@whatsinseason.com.au

20. Definitions

Account Administrator means an individual who is authorised by a Registered Customer or Account Owner to access a Program Account. Account Administrators may access and administer Program Accounts as described on the InSeason Rewards Website.

Account Owner means an individual who is authorised to represent and bind a Registered Customer and who is responsible for managing the Registered Customer’s participation in the InSeason Rewards Program. Account Owners may access and administer Program Accounts as described on the InSeason Rewards Website.

Account User means an individual who is authorised by a Registered Customer, Account Owner, or Account Administrator to access a Program Account. Account Users may access Program Accounts as described on the InSeason Rewards Website.

Award Points means points in the InSeason Rewards Program that are credited to Program Accounts under these Terms and Conditions.

Countrywide means Countrywide Australasia Limited (ABN 34 068 162 676), Level 1, 87 Marsden Street, Parramatta, NSW, 2150.

Countrywide’s Privacy Policy means the Countrywide Privacy Policy available at www.countrywide.net.au/policies

Distributor Account is an account through which customers of Participating Countrywide Distributors purchase products from the applicable distributor.

Earning Period means the periods during which a Registered Customer may earn Award Points on purchases of eligible products from Participating Countrywide Distributors through Registered Distributor Accounts, namely from 1 July to 31 May (inclusive) each year.

Effective Date is defined in Section 1.1

GST means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated legislation.

InSeason Rewards Program (or the Program) means the customer loyalty program provided by Countrywide under these Terms and Conditions.

InSeason Rewards Website (or the Website) means the website related to the InSeason Rewards Program, currently located at www.whatsinseason.com.au

Notices is defined in Section 18.3

Participating Countrywide Distributor means a distributor that is a Countrywide member and participates in the InSeason Rewards Program so that Registered Customers may earn Award Points on eligible purchases through Distributor Accounts with that Distributor. A list of Participating Countrywide Distributors is available on the InSeason Rewards Website and may be updated from time to time.

Primary Program Account is defined in Section 10.1(a).

Program Account is defined in Section 2.3.

Program Account Group is defined in Section 2.4.

Program Administrator means a third party appointed by Countrywide to administer certain aspects of the InSeason Rewards Program on behalf of Countrywide.

Recipient is defined in Section 18.3.

Registered Customer is defined in Section 2.1

Registered Distributor Account is defined in Section 2.3

Registered Email address means the email address held in the Program registration details for the Registered Customer, Account Owner, Account Administrator or Account User (as the case may be).

Related Body Corporate has the meaning given to it in section 50 of the Corporations Act 2001 (Cth);

Sub Program Account is defined in Section 10.1(a)