Terms and conditions

Welcome to Horizon, the SCD Loyalty Rewards Program.

The following document contains the Terms and Conditions ('Terms') that govern the SCD Loyalty Rewards Program. These Terms describe your rights and responsibilities. The SCD Loyalty Rewards Program ('the Program', 'Horizon') is owned and operated by Pavona Pty Limited (ACN 002 712 085) trading as Southern Cross Dental (herein after referred to as 'SCD' 'we', 'us', 'our' or 'it'). 'You' refers to you, the user, together with any company or other business entity you are representing. We reserve the right to add to, delete or change these Terms. As such, you should check these Terms from time to time for such changes.

Please read the following agreement carefully. They explain the policies and rules related to the Program. By accessing, using or participating in the Program or by completing the registration process you are stating that you agree to the Terms.

1. General Terms

1.1.      Membership in the Program is available to approved current customers of SCD or as otherwise stated in these Program Terms. You must be a current customer to enrol and as a condition to your participation or continued participation in the Program it is essential that your trading account with SCD is up to date with all sums due and payable to SCD having been paid.

1.2.      You may maintain only one account with SCD, except with our express approval.

1.3.      You may not open a new account in the name of any related body corporate, associate or other name without our express permission.

1.4.      Companies and/or other entities cannot enrol without our express permission. We reserve the right to refuse any application for membership.

1.5.      There is no enrolment fee for this Program.

1.6.      The Program is open from 1 July 2014 until 31 December 2016. SCD reserves the right to offer the Program for subsequent periods but is not compelled to do so.

1.7.      Neither the Program nor any benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights by members against SCD.

1.8.      In connection with the Program, you may establish or otherwise receive a user ID, passwords and other security code ('User Codes') that you may need in order to access and use certain portions of the Program. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ('Registration Information') and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. We reserve the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information.

1.9.      You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilising your User Codes, and that we have no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree to immediately notify us if you become aware of any loss or theft of your User Codes or any unauthorised use of your User Codes. We reserve the right to block your User Codes for any reason.

1.10.      You can view your account details and activity, and update your personal information and communication preferences at www.scdlab.com. You will need to provide your Account Number and Password to access this information online. You agree to provide accurate information to the Program and to promptly communicate any changes to your contact information via our website or by contacting us directly.

2. Loyalty Status Level

2.1.      Upon enrolment into the Program, you will be assessed a Loyalty Status Level based on your Eligible Spend for the twelve months ended on the last day of the previous Quarter.

2.2.      Your Loyalty Status Level will be reassessed at the end of each subsequent Quarter, and accordingly may increase or decrease based on your Eligible Spend.

2.3.      The Loyalty Status Level is determined according to the following table:


Eligible Spend over last twelve months

Loyalty Status Level

Rebate Percentage (applicable on Eligible Spend in the subsequent quarter)

$0-$20,000

 

0%

$20,001 - $40,000

Bronze

2%

$40,001 - $60,000

Silver

3%

$60,001 - $80,000

Gold

4%

$80,001 +

Platinum

5%

 

 

 

2.4.      Based on your Loyalty Status Level, a Rebate may be credited to your account at the end of each Quarter.

2.5.      Except with the consent of SCD, the Loyalty Status Level may not be transferred between member accounts.

2.6.      SCD reserves the right to amend the Eligible Spend thresholds and Rebate Percentages from time to time as it sees fit.

3. Loyalty Rewards Rebate

3.1.      Your Loyalty Status Level determines the Rebate Percentage applicable to your Eligible Spend in the subsequent Quarter.

3.2.      SCD will calculate the amount of the Rebate for each Quarter, during the four week period after the end of each Quarter.

3.3.      Subject to Clauses 3.4 and 3.5, SCD will apply the Rebate as a direct credit to your account within four weeks of the end of each Quarter.

3.4.      If on the last day of the Quarter your trading account with SCD is not up to date with all sums due and payable to SCD having been paid, the Rebate for that Quarter will not be paid. SCD may, at its sole discretion, make payment of the Rebate if the account is subsequently brought up to date within a reasonable timeframe.

3.5.      In the event of any conflict or dispute, SCD has the absolute sole discretion to determine if a Rebate will be paid.

4. Breach of Terms

4.1.      SCD reserves the right to cancel any Program membership and suspend the payment of future Rebates for reasons that include, but are not limited to:

4.1.1.      violation of these Terms;

4.1.2.      misrepresentation of any information or any misuse of this Program;

4.1.3.      violation of any commonwealth, state or local law or regulation in connection with the use of membership privileges;

4.1.4.      failure to pay any sum due to SCD;

4.1.5.      a payment to SCD that is returned for insufficient funds or is invalid for any reason;

4.1.6.      commission of fraud or abuse involving any portion of this Program;

4.1.7.      more than one active account per member without our approval;

4.1.8.      physical, verbal, or written abuse of SCD personnel;

4.1.9.      you pass away, cease to operate your practice or where you are unable to pay your debts when due or any application has been made to declare you bankrupt or in the case of a corporation a controller within the meaning of section 9 of the Corporations Act or similar officer is appointed to all or any of the entity's assets or undertakings. each of the above as may be determined by SCD in its sole discretion.
4.2.      Program violations, suspected fraud or abuse in relation to Rebates or Program usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and by SCD, including, without limitation, freezing your account the forfeiture of all Rebates and Loyalty Status Level, as well as cancellation of the account and your future participation in the Program. We are also entitled to recover from you in full, the value of any Rebate used by you in furtherance of the Program at any time prior to or after the date of the violation.

5. Other Rules of the Loyalty Program

5.1.      SCD reserves the right to change, limit, modify or cancel Program Terms (including Loyalty Status Level thresholds, Eligible Spend definition and Rebate Percentages), regulations, benefits and conditions of participation, in whole or part at any time. You will be bound by any such changes.

5.2.      Any such changes will be shown at www.scdlab.com and will be effective immediately unless stated otherwise. A notice that a change has been made will be placed on the website for a reasonable period of time. Any changes to any printed version of the Terms will be contained in the next reprinting of that printed version. SCD will attempt to notify active members of major Program changes, but will not be liable for failure to do so, and all members will nevertheless be bound.

5.3.      The Eligible Spend listed in your account is subject to change to reflect actual purchase information, any adjustments and Program changes. If you believe your account activity statement is inaccurate, contact us at rewards@scdlab.com. Eligible Spend adjustments will not be made more than 60 days after the statement date. Please keep all of your receipts for your records, as they will be required for Eligible Spend adjustment requests.

5.4.      Rebates received through participation may be subject to tax liability, including, without limitation, commonwealth, state and local taxes and duties. Any tax liability, including disclosure, connected with the receipt and/or use of Rebates is the responsibility of the member.

6. Indemnity

6.1.      SCD will not be responsible for or liable for any injury or damage, accident, loss, delay or irregularity that may be caused to persons or property in connection with any goods or services purchased as part of the Program.

6.2.      You agree to indemnify and hold us and our suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the 'Indemnified Parties') harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to:

6.2.1.      your breach of this Agreement;

6.2.2.      any information submitted, or otherwise provided by you;

6.2.3.      any dispute or litigation between an SCD and a third party caused by your actions; and

6.2.4.      your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with us. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ours and /or our suppliers, affiliates, partners, subsidiaries and employees.

6.3.      You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify us immediately if you believe that the security of your account has been compromised. We do not represent or in any way warrant that account information will remain secure and we shall not be liable for losses or damages resulting from any security breaches.

6.4.      We are not liable for any consequential, indirect or special loss or damage, loss of profits, loss of business, business interruption, costs or amounts that you are liable for arising out of any loss suffered by third parties under or relating to this Program, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

6.5.      You must indemnify us and our respective related bodies corporate employees, servants, agents and contractors, and must keep us indemnified from and against any and all claims, demands, liability, loss, damages (whether liquidated or otherwise), costs (including legal costs on a solicitor and his own client basis), and expenses, for personal injury or death, or loss of or damage to tangible property caused by your negligence or willful misconduct, whether incurred against or by us in respect of use of the Program and the provision of any goods or services by us. To the extent that our loss is caused by our negligence, your liability is diminished.

7. General Terms

7.1.      Interpretations of Program Terms shall be at the sole discretion of SCD.

7.2.      Our Privacy Policy forms part of these Terms, and will prevail over these Terms if they are inconsistent in any respect.

7.3.      You can view our Privacy Statement on the website, or via a link on the site. You agree to be bound by the applicable Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:

7.3.1.      To our maintaining your data according to our Privacy Statement, as part of the services we offer to you.

7.3.2.      To give us permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the services. By way of example, this means that we may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

7.4.      These Terms are governed by the laws of New South Wales. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia.

7.5.      If any provision of this agreement shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

7.6.      The failure by us to enforce any provision of term and condition of this agreement shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.

8. Definitions

8.1.      "Eligible Spend" means the total dollar value of all laboratory product invoices (not inclusive of Invisalign® products & services, freight charges, miscellaneous charges and GST) issued by SCD in the relevant period.

8.2.      "Loyalty Status Level" has the meaning provided in Clause 2.

8.3.      "Program" means the SCD Loyalty Rewards Program described in this agreement.

8.4.      "Quarter" means the three month periods ending on 30 September, 31 December, 31 March and 30 June of each year.

8.5.      "Rebate" means the Rebate Percentage multiplied by your Eligible Spend in the relevant Quarter.

8.6.      "Rebate Percentage" is the percentage of rebate for each Loyalty Status Level determined in accordance with Clause 2.

8.7.      "Terms" means these terms and conditions.