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JH MARKET REWARDS PROGRAM

TERMS MEMBERSHIP OF OUR REWARDS PROGRAM

The JH Market Rewards Program ("Program") is operated by Yiyun Corporation Pty Ltd (ABN 39 074 449 988). In consideration of our registering, you as a Member of the Program or of our providing you with the benefits provided by the Program, you agree to be bound by the following Terms which apply to all Members of the Program. You are automatically a Member of the Program if you are an approved trade customer with us and are bound by these Terms when you obtain any benefits provided by the Program.

Members will be responsible for ensuring their account managers, account users, employees, and independent contractors comply with these Terms.

Any questions about these Terms should be sent by email to marketing@jh.market

If you do not accept these Terms, you are not permitted to access and obtain the benefits of the Program. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In accessing the Website, you agree to be bound by these Terms.

Notification of the amended Terms may also be sent to registered Members of the Program by email or by as a general notice posted to each Member’s Rewards Program Account.

The amended Terms will take effect from the next time you log into or use the Website. If you do not agree with the amendments, then you must stop using your Rewards Program Account and the Website. Your continued use of the Website and access to the Program is subject to our current Terms as amended from time to time.

1. DEFINITIONS AND INTERPRETATION

“Bonus Points” means the extra Points you earn from promotional or incentive programs we offer from time to time;

“Content” means any and all documents, information, material, links, video, photographs and images that we publish on the Website in relation to the Program including, but not limited to, any registered trade marks or unregistered trade marks;

“Eligible Transaction” means a transaction where the code for your Rewards Program Account is used in our showrooms/stores or your Rewards Program Account email address is entered on the Website for the purchase of eligible products or services from our showrooms/stores or the Website.

“Force Majeure Event” includes any circumstance beyond a party’s reasonable control including, but not limited to, strikes or other labour disturbances, epidemics, pandemics, Acts of God, piracy, war, riot, civil commotion, acts of any governmental entities, earthquakes, storm, tempest, fire or lightning, Internet or telecommunication network difficulties or electronic malfunction;

"GST" means the goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Member” means any individual, company or other legal entity that meets the Membership Eligibility criteria set out in clause

“Membership” means being a Member of the JH Market Rewards Program.

“Privacy Act” means the Privacy Act 1988 (Cth).

“Privacy Policy” means the JH Market Privacy Policy published on the Website.

“Product Warranty & Returns Policy” means the warranty in relation products you purchase from us as described in the Product Warranty & Returns Policy on the Website at https://jh.market/warranty-and-returns

“Points” refer to the value credited to Rewards Program Account of Members as a consequence of purchasing our goods or services or taking the benefit of the incentives and/or promotions we offer from time to time. Points are earned on a $1= 1 point based off the trade or retail price of the product or service (excluding GST & Delivery Costs). Members are notified of Points on the website and/or via email if requested as credited to your Rewards Program Account.

“Shipping Policy” means any costs we incur in delivery of products that you purchase from us as described in the Shipping Policy on the Website at https://jh.market/shipping-policy.

“Rewards” means services, products, services, discounts, offers, gift cards, experiences or other rewards supplied by us or by our affiliate suppliers, which Rewards are made available as part of the Program as determined at our discretion.

“Rewards Program Account” means the account we set up to manage your participation as a Member of the Program.

“JH Market Store” means any store trading under the JH Market name.

“Website” means our online store https://jh.market/

“Terms and Conditions” means the terms and conditions applicable to JH Market Rewards Program as set out in this document, and as may be amended from time to time.

“Zip Biz Trade Account” means the flexible credit account that allows customers to buy now, pay later, for goods or services, which is provided by Zip Limited, as described on the Website at https://jh.market/zip

A reference to “we“, “us” or “our” is a reference to Yiyun Corporation Pty Ltd (ABN 39 074 449 988).

A reference to “you” or “your” is a reference to a “Member”. References to dollar amounts are in Australian currency. All prices quoted in marketing messages and/or on the Website exclude GST.

 

2. MEMBERSHIP ELIGIBILITY

2.1 Membership is open to:

          (a) individuals (natural persons) who are an Australian resident, approved trade licence   holders, whether an individual or company (as in b) and;

          (b) any corporation, trading trust, partnership or any other legal entity operating in Australia.

2.2 Membership is non-transferable.

2.3 You are automatically a Member of the Program if you have a JH Market Trade account with us and are bound by these Terms when you obtain any benefits provided by the Program for purchases of goods or services through your JH Market Trade Account.

2.4 There is only one Rewards Program Account allowed per Member. You must be 18 years of age or older to use our Website and become a Member of the Program.

2.5 We reserve the right to decline a Membership should we believe that the details provided are unauthorised, fraudulent or otherwise unlawful.

2.6 To participate in the Program, you acknowledge and agree to the following:

      (a) You will not share your password or login details with any other person and you will        keep your contact and other information updated;

      (b) You warrant that all information you provide is true, correct, up-to-date;

      (c) You agree to receive our promotional and marketing material.

2.7 A Member must inform us of any changes to the Member’s details by updating your contact information in your Rewards Program Account. We are not responsible for any loss of any Points, Rewards, benefit, prize, giveaway or offer that is the result of your failure to notify us of a change or error in your contact information.

 

3. OPERATION OF YOUR REWARDS PROGRAM ACCOUNT

3.1 Our supply of products and services to Members from our showrooms/stores and/or Website are subject to:

         (a) the Shipping Policy; and

         (b) the Product Warranty & Returns Policy.

3.2 You must retain original or electronic copies of all purchase receipts and barcodes evidencing proof of purchase of any products bought from us.

3.3 Points earned will be added to your Rewards Program Account once the full purchase payment has been received by us in our bank accounts.

3.4 Points cannot be earned if a product is purchased using store credit.

3.5 Points cannot be earned on warranty claims, gift cards or store credit 3

.6 Points cannot be earned in relation to product brands that are identified on the Website or in stores as excluded earning Points.

3.7 Bonus Points can be earned with a qualifying purchase made during a special promotion or as a result of a promotional or incentive program offered us.

3.8 Bonus Points can also be earned through sharing our Website, leaving reviews on our Website or social media sites or otherwise promoting our Website or social media sites in accordance with promotional or incentive programs we offer from time to time.

3.9 Bonus Points have their own expiration date and may be removed if not spent by the advertised expiration date.

3.10 If in accordance with our Product Warranty & Returns Policy, we accept any returned products from you or agree to any refund of the purchase price for any products purchased by you, including any products acquired by you through a JH Market Trade Card Account or Zip Biz Trade Account, any Points credited to you in relation to such returned products or refunded purchase price will be deducted from your Rewards Program Account at our discretion. If you return part of an order, the corresponding (based on dollar value) number of Points will be deducted from your Rewards Program Account.

3.11 No Points will be given for purchases where coupons, vouchers and points are used. 3.12 Any Points awarded to you in error may be deducted from your Rewards Program Account at our discretion. 3.13 When you log in to your Rewards Program Account you will be able to see the Points you have earned, and the Points you have redeemed.

3.14 You may redeem Points either as: (a) Rewards; or (b) discounts on purchase orders, with a $35 voucher available in the rewards catalogue.

3.15 Points spent on a purchase order to get a discount will be automatically deducted once the purchase transaction has been completed.

3.16 Points are not redeemable for cash, and are non-transferrable and cannot be sold. Points are only redeemable by the relevant Member. A Member's Points cannot be combined with any other Member's Points for redemption.

3.17 Points must be redeemed within 24 months of being credited to your Rewards Program Account or they will expire.

3.18 Rewards will be able to be redeemed immediately following crediting to your Rewards Program Account, unless they are seasonal, limited as to the number available to Members, available only for a limited period of time or otherwise become unavailable for any reason.

3.19 To redeem a Reward with Points, you must fill out the enquiry form that is set out at the bottom of the rewards catalogue page of the Website by including the following information: - Name (free text) - Email (free text) - Phone Number (free text) - Reward SKU Code (drop down) - Quantity (free text) - Comments (free text)

3.20 Digital Rewards will be delivered via email.

3.21 Physical Rewards will be delivered with your product order if possible, otherwise, gift cards will be delivered via AusPost and larger items will be sent via courier with our courier services.

3.22 In relation to delivery to you of digital Rewards or physical Rewards, we are not liable for delays in delivery or accuracy of the description or availability of the Rewards.

3.23 Points spent to redeem a Reward will be manually deducted by one of our team members once they finalise your Reward. Depending on the Reward this could take up to 2 business days of our receiving the Reward redemption enquiry form.

3.24 If more information is required, you can contact our rewards team at marketing@jh.market

4. REFUND POLICY

4.1 If you wish to return a physical Reward you have redeemed, you can do so if there is an issue with a product.

4.2 We do not provide any refunds if you change your mind or for any other reason not requiring a refund under Australian Consumer Law ("ACL") for rewards. We at all times abide by the ACL in relation to any refunds, returns and replacements of goods or refunds or delivery of services. We will process any request for refunds as described in the Product Warranty & Returns Policy.

4.3 Multiple redemption claims on the same limited items will be assessed on a case-by-case basis. You may have your claim rejected by our team if they deem your frequency of seeking a reward to be inappropriate.

4.4 We will not reinstate Points or Bonus Points to your Rewards Program Account if you are unhappy with the experience received from your Reward.

4.5 If you spend your Points, then return a purchase order, Points will still be deducted from your Rewards Program Account, and you will potentially end up with negative Points in your Rewards Program Account.

5. SUSPENSION OR TERMINATION

5.1 We have the right to suspend or terminate access to your Rewards Program Account for any reason, in our sole discretion, including, without limitation:

         (a) breach of these Terms.

         (b) opting out of receiving email and/or SMS marketing communications;

         (c) the account remains inactive for 12 months;

         (d) engaging in conduct that undermines our commercial interests or has the                       potential to damage our reputation; or

          (e) engaging or attempting to engage in any fraudulent, abusive or illegal activity with respect to the Program.

5.2 Any suspected fraudulent, abusive or illegal activity with respect to the Program may be grounds for terminating your Rewards Program Account and may be referred to the appropriate law enforcement authorities.

5.3 Upon such termination, regardless of the reasons, your right to use your Rewards Program Account immediately ceases and we may immediately deactivate or delete your Rewards Program Account and other information and files. We may also bar you from any further access to our Website.

5.4 We are not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with termination or suspension of your Rewards Program Account.

5.5 We are not required to provide you with any Rewards, discounts on the purchase of any goods or services or any refund or compensation for the value of Points or Bonus Points that have accrued in your Rewards Program Account following suspension or termination of your Rewards Program Account.

5.6 All Points or Bonus Points accumulated at the time of termination of Membership in the program are forfeited.

6. TERMINATION OR MODIFICATION OF THE PROGRAM

6.1 We reserve the right to change, modify or amend any part of the future operation of the Program including but is not limited to:

         (a) changes to the structure of the Program, including but not limited to the earning rate, spending rate of Points or Bonus Points;

         (b) the range or brands of products eligible for accruing Points or Bonus Points;

         (c) the specific features of promotional offers;

         (d) changes to the percentage of Points or Bonus Points earned for any eligible purchase order; or

          (e) the expiry of any Points or Bonus Points.

6.2 Notification of changes to the Program may also be sent to registered Members of the Program by email or as a general notice posted to each Member’s Rewards Program Account.

6.3 We do not warrant the continuing availability of the Program and we may suspend or terminate the Program at any time.

6.4 We will provide notice to Members of such suspension or termination, except if we cease to operate our business or if our company goes into liquidation or another form of administration in which case the Program will cease immediately and any Points that remain in your Rewards Program Account are forfeited.

6.5 Except where clause 6.4 applies, if we decide to terminate the Program we will give you 3 months’ notice of the close down by advertising on the Website and by informing registered Members of the Program by email or by a general notice posted to each Member’s Rewards Program Account. If you do not redeem your available Points within that period they will expire.

7. DISCLAIMERS REGARDING THE OPERATION OF THE PROGRAM & WEBSITE

7.1 The Member is responsible for determining the tax consequences of receiving Points and Bonus Points. We are not responsible for any income tax liability a Member may incur from their participation in the Program.

7.2 We make no warranty that the Website or operation of the Program or Rewards Program Account will meet the requirements of any Member or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Website or access to your Rewards Program Account is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the Website or access to your Rewards Program Account becomes unavailable for any lengthy or unusual time period.

7.3 We will not be held responsible or liable if:

       (a) Points or Bonus Points cannot be redeemed for whatever reason but specifically, in the case of a technical failure of software, hardware, EFTPOS or credit card system malfunction or any telecommunications systems failure; or

       (b) any emails or other electronic communications relating to Points are misdirected, lost or not received by a Member.

7.4 The Content is for general information and educational purposes only. Nothing contained in the Content is, or is intended to be, construed as advice to any Member.

8. LIABILITY & INDEMNITY

8.1 You acknowledge that the Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

8.2 It is an essential pre-condition to you using our Services that you agree and accept that we are not legally responsible for any loss or damage you might suffer resulting from:

        (a) any delays in the production, delivery and/or non-delivery of any Reward as the result of a Force Majeure Event;
        (b) any unavailability of the Website or access to your Rewards Program Account or inoperability of the Internet or any    telecommunication system, technical malfunction, computer error, data corruption or loss of information; or
        (c) faults, flaws, errors or omissions in the Content. This includes your use or reliance on any third party content, links, comments. Your use of, or reliance on, any Content on this Website is entirely at your own risk, for which we will not be liable.

8.3 In addition, you agree to fully indemnify us, our officers, employees, independent contractors, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages, loss of profits (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any person or legal entity which arises out of or in any way related to:

         (a) any breach of these Terms; and
         (b) any unauthorised use of our Website or your Rewards Program Account by you or anyone obtaining your login information. Your indemnification obligations will survive termination or expiration of the agreement set out in these Terms.

8.4 In relation to the operation of the Program and in respect of any Rewards, goods or services provided to you, to the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms.

8.5 For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of a non-excludable statutory guarantee under the ACL is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

8.6 To the maximum extent permitted by law and save for the application of the ACL, we:

         (a) expressly exclude any and all liability for any loss or damage (whether arising out of breach of these Terms, tort or statute suffered or incurred by a Member as a result of any act or omission of our officers, employees, independent contractors, agents and successors in rights in relation to the Program including, but not limited to, any change to, suspension, or termination of, the Program, the cancellation of any Membership in the Program, or any errors or omissions in recording or issuing Points or Bonus Points.

8.7 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 8.8 No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

 

9. INTELLECTUAL PROPERTY

9.1 All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.

9.2 All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Website.

9.3 You agree and acknowledge that we retain all right, title and interest in the Program, including but not limited to the inventions, designs and other intellectual property rights contained or embodied within the Program.

9.4 You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorised use of the material appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

10. MEDIATION AND DISPUTE RESOLUTION

10.1 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

 

11. PRIVACY

11.1 By registering for your Membership you agree to the collection, use and disclosure of your personal information in accordance with the Privacy Policy, as amended from time to time.

11.2 We are committed to protecting the privacy of Members. We at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the Privacy Act and the Australian Privacy Principles in relation to our collection, use and disclosure of personal information.

11.3 We may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; or to protect the rights, property or safety of the Members or third parties. 11.4 We reserve the right to disclose the name and any other personal information of any Member to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.

 

12. NOTICES

All notices and approvals desired or required to be given to either party hereunder will be in writing and shall be deemed given when delivered via

          (i) certified mail, return receipt requested, all charges prepaid;

         (ii) any courier service, with proof of delivery;

         (iii) hand delivery, with proof of delivery

         (iv) email, to the email address of the Member set out in their Rewards Program Account or to our email account published on the Website, with acknowledgement of receipt, or proof of transmission, in each case to the other party’s email address.

 

13. EXCLUSION OF UNENFORCEABLE TERMS

Where any provision of these Terms would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions. 14. GOVERNING LAW These Terms are governed by the laws of the State of Victoria, Australia, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria for determining any dispute concerning these Terms. These Terms are effective as of 4 Feb 2021.