Introduction

• When you choose to join the Haymes Paint Shop Reward Me loyalty program there are terms and conditions that apply which are set out in this document.
• Please read this document carefully as by doing so you agree to accept these terms and conditions, the Privacy Collection Notice and Privacy Policy.
• By accepting these terms and conditions you also consent to receiving certain communications from Independent Paint Specialists Australia Pty Ltd, Henry Haymes Pty Ltd, and Haymes Paint Shop outlets as further described in Section 6.
• The Haymes Paint Shop Reward Me loyalty program is operated and administered by Independent Paint Specialists Australia Pty Ltd, Lot 1 Warringa Drive, Wendouree Industrial Estate, Ballarat, VIC 3355 ABN: 43 620 730 056 18

 

Definitions

• Haymes Reward Me loyalty program means the loyalty program available only at Haymes Paint Shops, operated and administered by Independent Paint Specialists Australia Pty Ltd, Lot 1 Warringa Drive, Wendouree Industrial Estate, VIC 3355 ABN: 43 620 730 056 18, and is also referred to in these terms and conditions as “we”, “our”, and  “us”.
• Haymes Reward Me Membership ID means an acceptable form of identification used by you to identify yourself at a Haymes Paint Shop as having being accepted to join the Haymes Reward Me Loyalty Program, having been issued a Unique Barcode by the IPSA Active Campaign Database, and as a current approved member of the Haymes Reward Me Loyalty Program.
• IPSA means Independent Paint Specialists Australia Pty Ltd, Lot 1 Warringa Drive, Wendouree Industrial Estate, Ballarat, VIC 3355 ABN: 43 620 730 056 18
• Henry Haymes Pty Ltd are the manufacturer of Haymes products.
• Eligible product means items included and excluded in clauses 4.1, 4.2, and 4.3

 

Eligibility to join

The offer to participate in the Haymes Reward Me Loyalty Program is open to;

• Individuals over 16 years of age who reside in Australia: or
• Businesses/Partnerships/Corporations/Organisations/

Entities/Charities/Not for Profits that are not Trade business related; or

• Trade businesses who accept without reserve that all Haymes Reward Me Loyalty Program discounts, offers, rewards, and specials are only available off Recommended Retail Prices, not Trade Prices, and that Haymes Reward Me Loyalty Program discounts, offers, or rewards cannot be used in conjunction with any other Trade discount, bulk discount, incentive, offer, or reward.
• You can apply to join the Haymes Reward Me Loyalty Program at any Haymes Paint Shop or online at your local Haymes Paint Shop at haymespaintshop.com.au
• Any Haymes Paint Shop and/or IPSA Pty Ltd reserve the right without reservation to reject any application for any reason and their decision is final and no correspondence will be entered into.
• You will become a member and receive the benefits of the Haymes Reward Me Loyalty Program only when all required fields on your application have been completed, your application has been approved, and you are issued with your Unique Barcode allocated by the IPSA Active Campaign Database.
• Employees of Independent Paint Specialists Australia Pty Ltd, Haymes Paint Shops, and Haymes Paint Pty Ltd are not eligible to to join the Haymes Reward Me Loyalty Program and this includes employees and immediate family.

 

Inclusions and Exclusions of the Offer

On joining the Haymes Reward Me Loyalty Program you will receive the following discounts, offers, and benefits;

• A once only sign up bonus of a 10% discount off the Recommended Retail Price on your first purchase/s made in one (1) transaction at any Haymes Paint Shop excluding, but not limited to, any specials, discounts, Gift Cards, or offers already available, Accessories, Access Equipment, Spray Equipment, Equipment Hire, Power Tools, Wallpaper, Ladders, Resale Paint including Industrial and Ultimate, Festool products, Two Fussy Blokes products, Plaster, Plaster products and Plaster related accessories, Colour Consulting Service, and “Paint it for Me” service
• Up to 5% off selected Accessories as designated eligible for a discount by your local Haymes Paint Shop. (Please note that the discount amount offered is entirely at the discretion of your local Haymes Paint Shop and may be subject to change without notice entirely at the discretion of your local Haymes Paint Shop.)
• An on-going 5% discount off the recommended retail price on your subsequent purchases at any Haymes Paint Shop excluding, but not limited to, any specials, discounts, Gift Cards, or offers already available, Accessories, Access Equipment, Spray Equipment, Equipment Hire, Power Tools, Wallpaper, Ladders, Resale Paint including Industrial and Ultimate, Festool products, Two Fussy Blokes products, Plaster, Plaster products and Plaster related accessories, Colour Consulting Service, and “Paint it for Me” service.
• An on-going Up to 5% off selected Accessories as designated eligible for a discount by your local Haymes Paint Shop. (Please note that the discount amount offered is entirely at the discretion of your local Haymes Paint Shop and may be subject to change without notice entirely at the discretion of your local Haymes Paint Shop.)
• The on-going ability for the term of your membership to access in participating stores only your personal record of prior purchases including products, colours, colours with tints and quantities purchased to assist you with re-ordering, repainting, or matching/complementing colours/tints previously purchased. (Please Note: This part of the Offer is only available in participating Haymes Paint Shops. Please check with your local Haymes Paint Shop if they are a participating store in this part of the offer.

 

General Conditions

• Please note that if you make an eligible product purchase but later return the item/s and are deemed eligible for an exchange, or a refund, the discount off the recommended retail price featured in clause 4.1 and 4.2 that applies will be the total refunded or exchanged.
• Your Haymes Reward Me Loyalty Program membership is not a credit card, guarantee, or charge card.
• Your Haymes Reward Me Loyalty Program membership and its benefits may be temporarily transferred to your immediate family and/or business associate or employees and if transferred must be used in accordance with these terms and conditions. Acceptance of any transferral and the rights to transfer is entirely at the discretion of Haymes Paint Shops and Independent Paint Specialists Australia Pty Ltd.
• Your Haymes Reward Me Loyalty Program membership and its benefits may be temporarily transferred to any subsequent purchaser of your property or their designated agent entirely at the discretion of Haymes Paint Shops and Independent Paint Specialists Australia Pty Ltd and if transferred must be used in accordance with these terms and conditions. The details of your Membership history disclosed if transferred will be limited to your record of prior purchases including products, colours, colours with tints and quantities purchased to assist the subsequent purchaser of your property with re-ordering, repainting, or matching/complementing colours/tints previously purchased.
• Rewards cannot be exchanged or transferred to any other person with the exception of those designated in clause 5.3 and 5.4, sold, bartered, or otherwise dealt with other than in accordance with these terms and conditions.
• You will be identified as a Haymes Reward Me Loyalty Program member only on receipt of positive proof of identification within a Haymes Paint Shop. Haymes Paint Shops and Independent Paint Specialists Australia Pty Ltd reserve the right at all times to refuse any discounts, offers, specials, and any other related services if they are not satisfied as to your identification as a Haymes Reward Me Loyalty Member.
• You may terminate your membership at any time by contacting your local Haymes Paint Shop. On receiving such notice we will note your membership details on our database as inactive.
• Independent Paint Specialists Australia Pty Ltd, Henry Haymes Pty Ltd and any Haymes Paint Shop reserve the right at any time, at their discretion individually or collectively to suspend or terminate a Haymes Reward Me Loyalty Program membership for reasons including, but not limited to, a breach or perceived breach of these terms and conditions, any engagement in or suspicion of fraudulent conduct or improper use of the Haymes Reward Me Loyalty Program membership, abuse of any privilege accorded to you as a member, you or anyone associated with you supplying any false information or making any misleading misrepresentations to us.

Communications and Data

Before collecting Personal Information we have a responsibility to provide you with a privacy collection notice. This includes how Haymes Paint Shops, Henry Haymes Pty Ltd and Independent Paint Specialists Australia Pty Ltd, collects, uses and discloses your personal information.

• The Haymes Paint Shop Privacy Policy can be viewed at haymespaintshop.com.au/privacy-policy and www.haymespaint.com.au >about-us>privacy-policy. If you have any questions please call (03) 9316 8000.
• In specific relation to the Haymes Reward Me Loyalty Program your personal data will be collected only to benefit the running of the Haymes Reward Me Loyalty Program.
• By agreeing to these Terms and Conditions you are agreeing to receive direct marketing communications by email and by SMS from Haymes Paint Shops, Henry Haymes Pty Ltd, and Independent Paint Specialists Australia Pty Ltd that include but are not restricted to surveys, feedback on purchases, offers, discounts, rewards, event related content, project tutorials, project and colour inspiration, product education, and general information.
• You can opt out of receiving notifications by email by unsubscribing as instructed on the email.
• You can opt out of receiving SMS notifications by replying “Stop”.
• You will continue to benefit from the offers and rewards of your Haymes Reward Me Loyalty Program membership as described in clauses 4.1, 4.2, and 4.3 even if you choose to opt out of email and/or SMS communications.

 

No Liability

• To the extent permissible by law, Haymes Paint Shops, Henry Haymes Pty Ltd, and Independent Paint Specialists Australia Pty Ltd, will not be liable for any errors, admissions, delays, or disruptions in the operations of the Haymes Reward Me Loyalty Program including but not limited to products purchased and any losses thereof.
• Haymes Paint Shops, Henry Haymes Pty Ltd and Independent Paint Specialists Australia Pty Ltd will not be responsible for any errors or delays caused by them or any third party (including third parties who may provide technology or other services to us).
• Haymes Paint Shops management and employees are not permitted to make any representation, warranty, or statement on behalf of Haymes Paint Stores, Henry Haymes Pty Ltd or Independent Paint Specialists Australia Pty Ltd in relation to the Haymes Reward Me Loyalty Program that includes, but is not limited to, any claim or offer inconsistent with these terms and conditions. As such, Independent Paint Specialists Australia Pty Ltd, Henry Haymes Pty Ltd and Haymes Paint Shops accept no liability in respect of any representation, warranty, or statement made by any Haymes Paint Shop member.
• Third parties who may be involved in the Haymes Reward Me Loyalty Program do not have any authority, express or implied, to make any representations, warranty, or statement on behalf of Haymes Paint Shops, Henry Haymes Pty Ltd or Independent Paint Specialists Australia Pty Ltd and the aforementioned companies and entities accept no liability in respect of such representations, warranties, or statements.
• Independent Paint Specialists Australia Pty Ltd, Henry Haymes Pty Ltd, and any individual Haymes Paint Shop reserve the right to suspend, alter, or amend all or any part of these Terms and Conditions, or terminate the Haymes Reward Me Loyalty Program at any time.
• Nothing in these terms and conditions limits your rights under Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)).
• To the maximum extent permitted by law, in no event will Haymes Paint Stores, Henry Haymes Pty Ltd, Independent Paint Specialists Australia Pty Ltd, nor any of the aforementioned directors, employees, agents, partners or any other party involved in creating, producing or delivering the Haymes Reward Me Loyalty Program (and the services available through it), be liable under contract, tort (including negligence) or otherwise under or in connection with these terms and conditions and/or your use of or inability to use any aspects or features of the Haymes Reward Me Loyalty Program or the services available through the program. This applies, without limitation, to any loss or damage which you may suffer as a result of:
  (a) any third party software and services embedded in the Haymes Loyalty Program
  (b) any bugs, computer viruses, malicious code, trojans, or the like (regardless of the source of origination);
• the actions or inactions of other Haymes Reward Me Loyalty Program users;
• You will indemnify Haymes Paint Shops, Haymes Pty Ltd, and Independent Paint Specialists Pty Ltd against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against us by any other person as a result of unauthorised access to your Haymes Reward Me Loyalty Program membership and/or your use of the Haymes Reward Me Loyalty Program membership in breach of these terms and conditions.
• To the extent permitted by law we are not liable for any rewards and/or benefits not being available for any reason whatsoever. In addition, and without limiting the foregoing, to the extent permitted by law we are not liable for:
  - any delay by or failure of a participating store to notify us of the details of a offer; 
  - a failure by you to take advantage of a reward and/or benefits because you have not complied with the participating stores conditions (including limited time offers) for receiving the Benefit; or 
  - any failure by you to notify your nominated store that you are a member and entitled to a reward and benefit offers.
• You acknowledge that the Haymes Reward Me Loyalty Program is provided at no charge and accordingly the exclusions of liability and the above indemnity set out in this section are fair and reasonable.