Connections Terms & Conditions
Please read these terms and conditions carefully as they apply to your participation in the Connections with Bauer program.
- In these terms, words defined in the Bauer Newsagency Agreement have the same meaning given to them in that agreement and the following words have the following meanings unless the context clearly indicates otherwise:
i. Bauer means Bauer Media Pty Limited ABN 18 053 273 546;
ii. Bauer Newsagency Agreement means a written agreement between a newsagent and Bauer for the supply of Bauer Media to the newsagent;
iii. Bauer Media means magazines, periodicals and other publications published by Bauer;
iv. Member means a member of the Program (and Membership has a corresponding meaning);
v. Program means the trade development program offered by Bauer called "Connections with Bauer Media";
vi. Rewardmeans goods and services described in the Rewards Catalogue or otherwise offered by Bauer in relation to the Program;
vii. Rewards Cataloguemeans any catalogue issued by Bauer describing, among other things, the rates at which Rewards Points may be accumulated, Rewards available and the number of Rewards Points required to be redeemed for a Member to claim a Reward;
viii. Websitemeans the website at www.connectionswithBauer.com.au;
ix. Weekly Promotional Calendarmeans the promotional calendar provided weekly by Bauer to each Member detailing in-store promotional activity; and
x. Wholesale Sales Value (WSV)means the cover price (less GST and commission) of a Bauer Magazine.
To be eligible to become a Member of the Program and to remain a Member of the Program, a newsagent must:
i. hold a Network Services account number;
ii. operate a retail premises as a newsagency (delivery Agents exempt);
iii. be the person or corporation or other legal entity named as the contracting party in a current Bauer Newsagency Agreement;
iv. comply with the terms of the Bauer Newsagency Agreement and with these terms;
v. sell Bauer Media in each calendar year to a Wholesale Sales Value of $30,000 or more;
vi. receive and accept an invitation for membership to the Program or apply to join, by properly completing the Program's on-line application form (available at the Website), and be accepted for Membership; and
vii. have an active, permanent email address so as to receive the Program's weekly e-newsletter and additional ad-hoc communication.
Membership applications will be reviewed by Bauer. Bauer may accept or reject an application to be a Member at Bauer's discretion.
Changes to information as stated in an application form for Membership must be promptly notified to Bauer by the Member in writing.
The Member agrees, as a condition of Membership, to receiving the Program's weekly e-newsletter and additional ad hoc communications by email. A request to cease receiving such e-mail communication constitutes a Membership cancellation request. If you unsubscribe from the weekly e-newsletter you will be removed from the email database and your membership terminated.
Membership is not transferable.
- a. Bauer may suspend or terminate all or any part of the Program by giving notice to Members.
- b. A Member may cancel its Membership by giving notice in writing to Bauer (including by email to email@example.com)
- Membership will terminate if a Member that is a natural person dies or commits an act of bankruptcy, or a Member that is another legal entity is dissolved or resolves to be wound up, or a Member ceases to be a party to a Bauer Newsagency Agreement (for example, on transfer of a newsagency).
- All Rewards Points accumulated but not redeemed for Rewards are immediately cancelled upon a person ceasing to be a Member.
- Bauer may suspend, cancel or terminate a Membership, suspend accumulation of Rewards Points, or cancel all or any of a Member's accumulated Rewards Points because, in Bauer's opinion, the Member no longer complies with the requirements in paragraph 2.a.
4. Rewards Points
- Rewards Points will accumulate for sales of Bauer Media that go on-sale on or after the date of approval of your Membership and at the rates specified by Bauer. You will be notified of your Rewards Points balance on your monthly statement. Members cannot request redemption of Rewards Points from sales of Bauer Media for any Reward or other benefit until a Rewards Points statement including such Rewards Points has been issued.
- Where a Rewards Catalogue or other promotional material issued by Bauer expressly permits two or more Members to combine their Rewards Points for the purposes of redemption for specific Rewards, each Member seeking to combine Rewards Points must comply with any eligibility conditions for that combination.
- Any query or dispute concerning a Rewards Points statement must be notified to Bauer within three months from the date of the statement. Bauer will not consider queries or disputes raised after this time.
- Rewards Points will expire 3 years after the date accumulated.
- Except where the then current Rewards Catalogue or other promotional material issued by Bauer expressly permits, Rewards Points accumulated by a Member are not transferable and may only be redeemed by a Member for Rewards for that Member. However, where Bauer expressly permits transfer of Rewards Points or award of Rewards to another person nominated by the Member, the Member:
- i. must comply with any eligibility conditions for that transfer; and
- ii. is solely responsible for all taxation liabilities and must comply with all taxation obligations (including but not limited to fringe benefits tax which may be payable if Rewards Points are converted by a Member into a Reward which that Member gives to an employee of that Member).
- All tax liabilities and other duties arising from the accumulation of Rewards Points or the provision of Rewards are the sole responsibility of each Member. Bauer gives no warranty or assurance in relation to such tax or other duties.
- Bauer may alter, at its discretion, the number of Rewards Points required to be redeemed for a particular Reward, or impose additional conditions in relation to a Reward or otherwise change conditions relating to a Reward.
- All Rewards are subject to availability. Bauer will endeavour to meet specified availability targets but excludes liability for late availability or late delivery.
- Bauer may withdraw, replace or substitute a Reward without notice.
- Rewards Points and Rewards do not have any cash value. Rewards Points and Rewards cannot be converted into cash.
- To redeem Rewards Points for a Reward, a Member must have accumulated the required number of Rewards Points as specified in the then current Rewards Catalogue and other promotional material issued by Bauer, meet any eligibility criteria or other conditions associated with the Reward and comply with the procedures for redemption specified by Bauer.
- Bauer may rely upon a request for redemption of Rewards Points or a request for release or delivery of a Reward made by a person purporting to be the Member or the Member's authorised representative, where that person substantially complies with the procedures for such requests as specified by Bauer.
- Rewards will, at Bauer's election, be either made available by Bauer or the relevant supplier of the Reward for collection or delivered by such means as Bauer may elect (such as by post or courier) to the Member's newsagency. Once a request for redemption of Rewards Points for a Reward has been accepted the request cannot be reversed.
6. Reader Rewards
- In this clause, the following words have the following meanings:
i. Bonus Magazinemeans the Bauer Magazine provided free of charge to a customer using Reader Rewards who provides a valid Redemption Barcode;
ii. Magazinemeans any magazine listed in Reader Rewards, as updated by Bauer from time to time;
iii. Purchasemeans that full payment is made for the Magazine;
iv. Reader Rewardsmeans the customer loyalty smartphone application entitled "Reader Rewards" which rewards customer for purchasing Magazines through Connections newsagents;
v. Redemption Barcodemeans the machine-readable barcode which can be accessed in Reader Rewards after a pre-determined number of purchases of Magazines and which entitles the customer to the Bonus Magazine;
vi. Rewards Pointsmeans points accumulated by a Member under the Program; and
vii. Validation Cardmeans the unique machine readable QR Code(s) provided to each Member participating in the Reader Rewards.
- If a Member agrees to participate in Reader Rewards, the Member must:
i. keep the Validation Card in a secure location at its retail premises as appropriate to ensure customers are able to scan the Validation Card at the time of purchase of a Magazine only;
- ii. upon request from a customer, provide the Validation Card at the time of purchase of a Magazine and permit the customer to scan the Validation Card for the relevant number or purchase(s);
iii. upon request from a customer and subject to the customer providing a Redemption Barcode, provide the Bonus Magazine;
iv. not engage in any conduct which would constitute a breach of any terms and conditions applicable to Reader Rewards, as advised by Bauer from time to time, including providing the Validation Card in circumstances other than those specified in paragraph ii above.
- Bauer will include the wholesale value of each Bonus Magazine as a credit on the NSC statement provided to the Member pursuant to clause 10.2(a) of the Bauer Newsagency Agreement. Data relating to the Bonus Magazine will be collected by NSC (on behalf of Bauer) through Reader Rewards and will be separate to data collected through Member's point of sale system.
- Bauer may suspend, cancel or terminate Member's participation in the Reader Rewards program at any time if the Member:
i. ceases to be a Member; or
ii. breaches any of the terms and conditions of Membership, including those relating to the Reader Rewards program.
7. Warranties and Liability
- Bauer Has taken and will take all reasonable care to ensure that information it publishes in relation to the Program is correct and not misleading, but BAUER does not accept any liability relating to information provided by third parties. All descriptions of Rewards are based on information provided by suppliers.
- Except as required by law, Bauer makes no warranty (whether express or implied) whatsoever with respect to Rewards. In particular, Bauer gives no warranty with respect to the quality of Rewards or their suitability for any purpose.
- The rights, if any, which a Member may have in connection with a Reward are solely against the supplier of the Reward. To the full extent permitted by law, Bauer excludes statutory and other implied conditions and warranties. Where the law does not permit exclusion of statutory consumer guarantees or other liability but permits limitation of liability, Bauer limits its liability to the fullest extent permitted by law, and if permitted by law to one or more (as Bauer may elect) of: replacement of goods or re-supply of equivalent goods, repair of goods, payment of the costs of replacing goods or acquiring equivalent goods, or in the case of services, to supply of the services again or payment of the cost of acquiring equivalent services.
- Subject to paragraph c, Bauer excludes all liability whatsoever (including for negligence) in relation to:
i. any death or injury arising out of supply or use of a Reward;
- ii. loss, theft or destruction of a Reward; and
- iii. any delay in supply of a Reward by another supplier or refusal by a supplier to supply a Reward.
- Unless stated otherwise, product warranties, batteries, installation and service of items supplied as Rewards are not included.
- A newsagent must not disclose any Confidential Information except to the extent that disclosure is required by law, or the Confidential Information comes into the public domain except through a breach of this clause, or is necessary for newsagent's own internal legitimate business use, and newsagent must use the Confidential Information only for newsagent's own legitimate business use or for the purposes of fulfilling newsagent's obligations under the Bauer Newsagency Agreement or this agreement and only to the extent necessary to fulfil those obligations. Disclosure to any publisher other than Bauer is not a legitimate business use of Confidential Information.
- In paragraph a , Confidential Information means the following, whether or not in material form:
i. the terms of the Bauer Newsagency Agreement and these terms and conditions;
- ii. all information (including, without limitation, information relating to Bauer's business dealings, contracts, computer operations and systems, marketing, sales and business plans, promotions, financial data and other sensitive corporate information) that is treated or designated by Bauer as confidential; which is not generally known other than to personnel of Bauer; or which should reasonably be regarded in all the circumstances as confidential to Bauer; and
- iii. all sales data.
- The Program may be affected by the laws in force in some jurisdictions. Any aspect of the Program (including conditions to award of a Reward, or whether a particular Reward may be made available) that is affected by relevant law or government policy or direction will not operate or will only operate to the extent permitted by that relevant law or government policy or direction, as Bauer may elect.
- Any notice to be given to a Member under these terms will be deemed to have been given if sent by pre-paid post, fax or to an email address provided by the Member to Bauer for the purposes of applying for Membership, as subsequently amended by the Member in writing.
- These terms may be changed or varied at any time without notice and with immediate effect by Bauer.
- Bauer may have an agent or contractor carry out all or part of its duties under this agreement. Each Member consents to Bauer supplying any agent or contractor with such information as is required for them to perform their duties.
- Bauer is not responsible for any inaccurate or incorrect information or technical difficulty or error occurring in the administration of the Program, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile, internet or satellite network failure or theft or destruction or unauthorised access to or alteration of information and records held by Bauer relating to the Program or Rewards Points.
- The whole or any part of any provision of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
- These terms and conditions are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.