ARTICLE 1 – GENERAL
1.1 OVERVIEW
The FieldTurf Australia Loyalty Program (the “Program”) is a loyalty reward program offered by FieldTurf Australia Pty Limited, a company registered in Australia under ABN XXXXX (“FieldTurf Australia” or “We” or “us” or “our”) to certain customers of Fieldturf Australia.
The Program is accessible through https://www.fieldturf.com.au/fieldturf-club/ the “Program Website”)

The Program allows FieldTurf Australia customers who are eligible (each a “Program Member” or an “Eligible Member” or “Member”) in accordance with the present Terms and Conditions to access rewards (“Loyalty”, as further defined in these Terms) offered from time to time by FieldTurf Australia and/or participating partners. Under the Program, Eligible Members can access different Rewards according to their status (their “Program Tiers” or “Tier”, as further defined below).
Program Members acquire no vested right or entitlement to the continued availability of the Program, or any particular reward, benefit, or redemption level.
1.2 TERMS AND CONDITIONS
The Terms and conditions set forth herein (the “Terms”), and together with any terms set forth on or accessible through the Program Website govern the Program and apply to the participation of all Program Members. The Program is made available at the discretion of FieldTurf Australia who, in its sole discretion, can restrict, cancel, suspend, amend, extend or otherwise alter the Program and/or the Terms at any time and without prior notice. If the program Terms have been updated, FieldTurf Australia will post the amended Terms on the Program Website and note the date the Terms were last updated. We encourage Program Members to review the Terms each time they use the Program.
1.3 ACCEPTANCE
By using or enrolling in the Program, you accept and agree to be bound by the present Terms and Conditions. You may opt-out of this Program at any time in accordance with the Terms.
1.4 DEFINITIONS & INTERPRETATION
In these Terms:
a) Member means FieldTurf Australia customer : an installer, contractor…
b) Program Member means an eligible FieldTurf Australia customer participating in the Program.
c) Program Period means the fixed period of time during which sales are counted 3.3.
d) Program Tier means a loyalty status tier within the Program as described in Section 3.1.
e) Loyalty’s means certain benefits and offers from FieldTurf Australia and certain third parties as further described in Part 2 of these Terms.
f) FieldTurf Australia means FieldTurf Australia Pty Limited, a company registered in Australia with ABN XXXXXXXX.
ARTICLE 2 – PROGRAM MEMBERSHIP
2. MEMBERSHIP ENROLLMENT
2.1 ELIGIBILITY

To become a valid Program Member, you must strictly comply with the provisions set forth in this Section 2.1 by providing complete and accurate information and indicating your acceptance of the Terms.
Specifically, you are eligible to become a Program Member only if you:
(i) currently operate as a business entity in the country of Australia with a valid ABN number; and
(ii) are a current customer of FieldTurf Australia, with a pre-paid account; and
(iii) are a synthetic turf installer or contractor. (Note: This Program does not apply to retail businesses, wholesalers, or individuals); and

(iv) have agreed to be part of the Program, by filling a membership form.
The above conditions are cumulative, you must comply with all of them to become a Program Member. Fieldturf Australia shall, in its sole discretion, determine whether or not you comply therewith.
2.2 Program Account
To enroll in the Program, you will have to register and create an account (“Program Account”) with us and provide one or more names, email addresses, business address, and business name. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Note that there is a limit of one (1) Program Account per FieldTurf Australia customer.
Should you be deemed eligible to participate in the Program, you will be provided with a Membership number via email.
You can have access to your Program Tier and Rewards by contacting us by email at: info.australia@fieldturf.com

2.3 Opting-out

You may opt-out of the Program at any time and for any reason. To opt-out of the Program, you must send an email to info.australia@fieldturf.com. Please allow up to seven (7) business days for your opting-out request to be processed.

Once your opting-out request has been processed, your Program Account will be deactivated, and you will no longer be able to access any rewards.


ARTICLE 3 – PROGRAM TIERS AND REWARD’S
3.1. Program Tiers

The Program is a tier-based program based on eligible purchases of FieldTurf Australia services and/or products within each calendar year. There are four (4) Program Tier available to Program Members, which are the following:
- Bronze
- Silver
- Gold
- Platinum
3.1.1 How is your Program Tier determined?
To qualify in each Program Tier, Program Members must meet, within any Program Period (as defined below), the specific requirements of such Program Tier, as set forth in this Article 3. As soon as you meet the applicable Program Tier requirements (as set out below), you will automatically qualify and become an Eligible Member of such Program Tier.
If you qualify for the next/higher Program Tier during any Program Period, you will hold that Tier level for the remainder of the applicable Program Period and for the duration of the next Program Period, provided that you continue to meet the applicable requirements for that Tier.
When you meet the requirements for a new tier, our team will send you an e-mail to confirm your tier status, with a reminder of the Rewards associated with said tier.

Program Tier Program Tier Requirements
Explanation
Bronze Prepaid FieldTurf Australia customers. FieldTurf Australia customers who have an existing pre-paid account on file.
Silver Accepted the offer to join FieldTurf Club. Completed sign up, and successful competition of FieldTurf Quiz.
Gold Reach 25,000 AUD of turnover within the year.
Minimum 10 orders within the year. As stated by numbers. You will be notified directly if you fall into this Tier.
Platinum Restricted exclusively for the most loyal customers. Please see Explainer page on website: (URL here)

3.1.2 Changing Tier
Your Tier status can be changed throughout the program period. This can only occur if you reach a higher Tier. You cannot be demoted a Tier during the program period. The previous year will be calculated according to the pre-requisites of each tier. Members will be placed in the appropriate tier according to these numbers and notified accordingly via email.
3.1.3 Program Period
Each Program Period lasts twelve (12) months and runs successively from January 1st to December 31st of each calendar year. For any Member, the initial Program Period starts on the date of enrollment and ends on December 31st of the same calendar year.
Each Program Account will be re-evaluated on January 1st of each calendar year.
You will hold your Tier level for the remainder of the applicable Program Period and for the duration of the next Program Period, provided that you continue to meet the applicable requirements for that Tier.

In the event that you don’t meet the requirements for such Tier, your Program Account will be downgraded to the previous/lower Tier for which you still meet the requirements at the end of the program period.

3.1.4 Program Tier information
You may request at any time that we review your program account by sending an email to: info.australia@fieldturf.com
Please note that the response time to this request may take up to seven (7) business days.

ARTICLE 4 – SUSPENSION AND TERMINATION OF PROGRAM ACCOUNT
4.1 Suspension and Termination by FieldTurf Australia
Participation in the Program is a privilege granted to FieldTurf Australia customers and is not guaranteed. FieldTurf Australia may suspend or terminate your Program Account at any time and for any reason by informing you in writing. Such termination shall be effective immediately.
4.2 Termination by Program Members/Opting Out
You may terminate your Program Account at any time by opting-out of the Program in accordance with the Program guidelines. You can do so by sending an email to our team at: info.australia@fieldturf.com
4.3 Effect of termination of Program Account
If your Program Account is terminated pursuant to Article 4.1 or 4.2, you will no longer be a Program Member and all progress, rewards or other benefits earned during the relevant Program Period will be forfeited immediately. Notwithstanding, Termination will not affect any rewards you have already redeemed prior to the effective date of termination.
Furthermore, if we have suspended or terminated your Program Account following any misrepresentation, fraud or non-compliance with these Terms, you will be permanently banned from participating in or re-joining the Program.

ARTICLE 5. General Provisions

5.1 Changes to the Program
FieldTurf Australia may modify any part of the Program at any time, including the rewards offered under each Program Tier.
If FieldTurf Australia reasonably believes a change to any part of the Program will have a detrimental impact on you or Program Members, FieldTurf Australia will provide you with 14 days’ notice of such change.
It is your responsibility to review these Terms regularly to ensure that you are aware of any changes to the Program or these Terms. You agree that your continued participation in the Program or access to or use of your Program Account shall be deemed your acceptance of any modifications to these Terms. Unless stated otherwise, any and all changes and/or amendments to these Terms will become binding upon all Program Members immediately.
If you do not agree to any changes to these Terms you may opt out of the Program as provided for hereinabove.
5.2 Governing law/Jurisdiction
These Terms are governed by and construed in accordance with the laws of Australia, without giving effect to the conflict of laws rules, principles, or provisions thereof. In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
Each Program Member (i) hereby irrevocably and unconditionally submits to the jurisdiction of New South Wales, Australia for the purpose of any suit, action or other proceeding arising out of or based upon this Terms or the Program, (ii) agrees not to commence any such suit, action or other proceeding except before the courts of New South Wales, Australia, subject to the provisions of Article 5.3
5.3. Dispute Resolution
In the event of any complaint or potential dispute, you must contact our team immediately at: info.australia@fieldturf.com
Should any dispute arise out of these Terms and/or the Program, the Parties shall endeavour in good faith to settle such dispute amicably. If the Parties fail to resolve the dispute within thirty (30) days, FieldTurf Australia may, in its sole discretion demand that the matter be submitted to arbitration before a single arbitrator, such arbitration to be held in accordance with the rules of the International Institute for Conflict Prevention & Resolution (CPR), and shall be held in New South Wales, Australia. The award of the arbitral tribunal shall be final and binding upon the Parties, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award.

Nothing in this Article shall preclude FieldTurf Australia from (a) seeking injunctive relief in a court of competent jurisdiction for the purpose of enforcing the promises and covenants made by the Program Member in these Terms; and (b) from commencing any suit, action or other proceeding before the courts of New South Wales, Australia, provided that FieldTurf Australia has not elected to pursue arbitration pursuant to this Article.
The present Terms shall continue to apply to the Program and/or your participation notwithstanding the occurrence or existence of any dispute, or potential dispute.
5.4 Interpretation of Terms
FieldTurf Australia shall have sole discretion to interpret these Terms but shall act reasonably in doing so. FieldTurf Australia’s decisions regarding the interpretation or application of any term, condition, or covenant set forth herein shall be final between the Parties.
5.5 General Disclaimers
(a) The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of FieldTurf Australia's control.
(b) We are not responsible for any unavailability, interruptions or errors of the Program, its features or any rewards.
(c) We may modify, suspend, or discontinue the Program or any feature at any time by providing you with 14 days written notice.
5.6 Disclaimers of Warranties; Limitation of Liability

5.6.1 The Program and all the information accessible through it are provided for informational purposes only on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, We, our affiliated entities and third-party Reward’s providers and their respective agents make no warranties, representations, or guarantees of any kind, express or implied, including, but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products.
5.6.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FIELDTURF AUSTRALIA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
5.6.3 FURTHERMORE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER FIELDTURF AUSTRALIA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHERMORE, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN ANY TORT OR COMMON LAW ACTION.
5.6.4 Nothing in these Terms is intended to exclude liability for fraud or fraudulent misrepresentations or any other representations which cannot be excluded by law.
5.6.5 Certain legislation, including the Competition and Consumer Act 2010 (Cth) (the “Act”) may limit FieldTurf Australia's ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified, except to a limited extent. These Terms must be read subject to such statutory provisions. If FieldTurf Australia is liable to you under the Act or similar legislation, to the extent which FieldTurf Australia may do so, FieldTurf Australia limits its liability in respect of any claim under these Terms to, at FieldTurf Australia's option: (i) in the case of goods, and in accordance with FieldTurf Australia warranties.
5.7 Indemnification; Hold Harmless
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising out of your participation in the Program in violation of any law, rule, regulation or any of these Terms.

5.8 Rewards
a) All rewards are granted at the discretion of FieldTurf Australia and may change or be cancelled at any time.
(b) Rewards can’t be redeemed as cash value.
(c) Rewards details, terms and limitations are set out in Part 2 of these Terms.
(d) Members are responsible for all taxes that may be owed in the receipt of Reward’s.
(e) FieldTurf Australia is not responsible, and disclaims all liability, for the products or services offered by third parties in connection with the Program.
ARTICLE 6. CONFIDENTIAL INFORMATION
FieldTurf Australia is committed to maintain the privacy and security of all personal information collected from Program Members, including but not limited to the following: name, address, telephone numbers, email address, date of birth, account numbers and any other personal information.
You acknowledge that by participating to the Program, you consent to the collection and use of the foregoing information. While providing the Program, we may need to send you certain communications, including administrative messages and/or announcements, which communications are part of the Program.
ARTICLE 7 - Individual Reward’s
Please refer to the Explainer page on our website (URL here) to find the selection of current offers in the FieldTurf Australia program, provided by participating partners or FieldTurf Australia. Please note that offers from external participating partners, including but not limited to the qualifications for accessing the Reward’s, as well as the identities of the partners themselves, are subject to change at any time in FieldTurf Australia’s discretion.

ARTICLE 8 – CONTACT
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: info.australia@fieldturf.com.