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Dogs of Distinction Member’s Club Doggy Points Program

Terms and Conditions 

The Doggy Points Program is customer loyalty program owned and operated by Dogs of Distinction (“DOD”). Your participation as a member in the Doggy Rewards Program (the “Program”) will be governed by these provisions, and we ask that you carefully read this Member Agreement (“Member Agreement”), along with our privacy policy as set forth below (“Privacy Policy”), before enrolling as a member of the Program. This Member Agreement sets forth the terms and conditions governing membership in the Program (“Program Terms”), and it is your responsibility to read and understand them. By enrolling as a member, you agree to be bound by the Program Terms. Participation in the Program and its benefits are offered at the discretion of DOD. DOD reserves the right to change the respective Program Terms and Privacy Policy, in whole or in part, at any time and without notice. It is your responsibility to regularly check the DOD Website as specified below to determine whether this Member Agreement has been modified. Your continued membership in the Program constitutes your agreement to the Program Terms, and all subsequent modifications, updates or notices related thereto (“Modifications”), and to the Privacy Policy.

 

You must be 18 years of age or older and residing in Australia to become a Member in the Program. Corporations, partnerships, or any other business entities are not eligible for membership.

The Program is available via access to the DOD Website: http://www.dod.com.au  (the “Website”). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. DOD is not responsible for your inability to connect to the Internet, log onto the Website or access your Doggy Rewards Account.

Members must be human: no machines, scripts, or automated services may be used to accumulate Doggy Rewards Points.

Membership is limited to one account per person (“Account”). You cannot maintain multiple accounts even if you have multiple e-mail addresses. Any duplicate accounts will be subject to termination, and any Doggy Points accumulated therein will be forfeited.

 

Privacy Policy

DOD recognizes the importance of protecting your privacy. We also recognize that when you choose to provide information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide our Members with better service. That is why we have put a Privacy Policy in place that guides how we collect, store and use personal information about our Members. Our online Privacy Policy can be found at our Website, and we urge you to review our Privacy Policy before enrolling in the Program as it forms part of the Program Terms of this Agreement.

Accrual of Doggy Points

Doggy Points is the rewards "currency" of the Program. As a Member, you will have the opportunity to earn Doggy Points by purchasing products and/or services generally offered by DOD (a "Purchase"), or as offered and approved as promotions on the Website from time to time ("Promotions"), and/or by participating in questionnaires, surveys or contests ("Contests"). It is your responsibility to comply with the rules specified by each Promotion or Contest. Your eligibility to participate in any given Promotion or Contest, and your compliance with the rules for fulfilment of any given Promotion or Contest, will be determined solely by DOD.

Doggy Points cannot be accrued until you are enrolled in the Program. Doggy Points will not apply for Purchases that occurred prior to your enrolment.

DOD, at its sole discretion, determines the number of points to be awarded for any Purchase, Promotion, or Contest. Purchases of equal retail value may accrue a different number of Doggy Points.

Not every Purchase on the Website will result in accrual of Doggy Points. The purchase of Gift Certificates does not result in accrual of Doggy Points. Redeeming a Gift Certificate will result in accrual of Doggy Points when applicable. Purchases that are purchased solely with or discounted by a Reward (as defined below) or Promotion received through the redemption of Doggy Points will not accrue Doggy Points. In some cases, as may be determined by DOD, some Purchases or Promotions may not accrue Doggy Points, and will be labelled as such on the Website.

Once you make a Purchase or fulfil all applicable requirements for a Promotion or Contest, the designated number of Doggy Points specified by that Purchase, Promotion or Contest will be transferred into your Account. In some cases, there may be some delay in the crediting of Doggy Points to your Account. You cannot use multiple Promotions for the same Purchase. Doggy Points will not be usable until DOD receives full payment for the order in which the Doggy Points were accrued.

Cancelled Purchases will result in loss of the applicable Doggy Points accrued from that Purchase.

Purchases returned to DOD for a refund will result in forfeiture of Doggy Points accrued from that Purchase.

DOD will not be responsible for any delay or failure to credit Doggy Points to your Account. It is your responsibility to regularly check your Account to ensure that Doggy Points transfers have been properly credited and that your Account balance is accurate. If you contend that Doggy Points have been earned but not credited, DOD reserves the right to require proof of accrual of such Doggy Points from you, including but not limited to copies of receipts or similar documentation verifying any transactions claimed to have been performed. Any claims for Doggy Points and proof of accrual of said points must be received by DOD within fourteen (14) days after the date such Doggy Points were claimed to be earned.

DOD reserves the right to audit your account and Doggy Point accrual without notice for compliance with the rules set forth in these Program Terms at any time. In the event that the audit reveals discrepancies, you may be subject to forfeiture of your Doggy Points if said discrepancies are not resolved.

DOD is not responsible for changes to, or discontinuance of any Promotion or Contest, or for any effect on accrual of Doggy Points caused by such changes or discontinuance.

DOD is under no obligation to provide Members with a guaranteed number of Doggy Points opportunities or advise them of Promotion or Contest offers.

For additional questions about specific Promotions or Contests, please address inquiries to DOD via email to doggypoints@dod.com.au

Account Access and Password

When you enrol for membership at the Website, you will be asked to enter a password and secret phrase. This will allow you to access your Account to verify accruals of Doggy Points, check Account balances, and redeem Doggy Points for selected products and discount coupons as set forth in the Website (the "Rewards").

You must be logged into the Website, using your email address and password, in order to access your Doggy Points Account. You may check your Account status and recent Doggy Points earning history at any time. You may also request receipt of your Account statement by email.

DOD is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for maintaining the confidentiality of your email address, password, and account information. DOD is not responsible for any credits or debits made to your Account or for any loss you may incur as a result of any unauthorized person using your email, password or account information. If you forgot your password or secret phrase, please contact our customer service department at: cs@dod.com.au

Members agree to provide correct and accurate personal identifying information including email address to DOD.

Keeping your Account information accurate and up to date is very important. You have a continuing obligation to ensure that your information is up to date and accurate at all times. Failure to provide DOD with accurate account information may result in forfeiture of your Doggy Points.

Redemption of Doggy Points

Doggy Points accrued in your Account can be redeemed against products offered through DOD at the time of redemption, provided that your Account contains the minimum number of Doggy Points required for redemption of the requested Reward. Doggy Points cannot be redeemed for any taxes associated with such redemption.

Redemption requests must be initiated while logged onto the Website, using your email address and password. These are applied by the member at the time of purchase by entering a non-negative integer not greater than 50 (the maximum points that can be earned). Members are entirely responsible to entering a value, which they deem to be correct. Any application of points is once only, final and non-refundable under any circumstances. It is the member’s sole responsibility to enter the correct value using their computer software and hardware at all times.

Although DOD will provide an estimated time for fulfilment of your redemption request, DOD does not guarantee delivery within the estimated time, and shall not be held responsible for any failure to deliver a Reward within the time designated.

DOD is not responsible for changes to or discontinuance of any Reward, or for any effect on or devaluation of Rewards caused by such change or discontinuance. Members should not rely upon the continued availability of any Reward or Reward level. DOD is not responsible for replacement of any discontinued or changed Reward.

Shipping and/or import restrictions may apply to Rewards. Related shipping charges cannot be offset using Doggy Points and always charged in full unless agreed prior in writing from DOD.

Once the Member redeems Doggy Points for Rewards, the appropriate number of Doggy Points will be deducted from the Member's Account. Under no circumstances will Rewards be refunded or exchanged for Doggy Points or cash, nor will Doggy Points be restored to the Member's Account once a Member claims a Reward. All redemptions are final.

Redemptions made with fraudulently accrued Doggy Points will be charged to your credit card at full value.

DOD is not responsible for any product warranties relating to Rewards. Please review the manufacturer’s warranty on any Rewards when redeeming Doggy Points.

Doggy Points have no cash value and are not redeemable in the event the Program is terminated, or if DOD ceases to do business or is sold, assigned, declared bankrupt or a receiver is put in place.

Doggy Points cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except where designated by DOD.

Doggy Points are void where prohibited by law. You shall comply with all laws, rules, and regulations that are applicable to a member of this Program. You acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by such laws, rules, and regulations.

DOD reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available on any particular promotional offer  or product, or combination of products at any time. For any questions, please address inquiries to DOD at: cs@dod.com.au

It is your responsibility to read and understand the information provided in this Member Agreement, Privacy Policy and any other documentation governing this Program (the “Documentation”) before accumulating Doggy Points. The Documentation is frequently updated. Further, it is your responsibility to check the Documentation regularly to determine whether the Program Terms have been modified. If you do not agree to any such Modification, you must immediately cease participation in the Program.

DOD reserves the right not to supply goods at any discounted value calculated by the member, only by the algorithm created by DOD to issue Doggy Points. In the event that DOD feel that the member has attempted by aim or by mistake to obtain a discount of any value on any item, DOD have the right not to honour that discount, but to offer the goods at the published retail prices. DOD aims to provide a fair and equitable rewards program for all members and recognises that any software based system may be manipulated in ways to obtain discounts that are not set out in these general terms and conditions.

The issue of any and all Doggy Points and the ability for any member to redeem Doggy Points against any item is at the SOLE DISCRETION of DOD at all times. DOD is under no obligation to supply any goods, services or discounts at ANY TIME.

Expiration

Doggy Points earned on or after the date of your enrolment (including any retroactive Doggy Points as noted above) shall be subject to expiration twelve (12) months after the date on which said Doggy Points accrued. Expired Doggy Points will be deducted from your Account. No refunds, credits or extensions will be given for Doggy Points that have expired.

Non-Transferability

Doggy Points earned, granted or accumulated under the Program may not be assigned or transferred to any third party.

The sale or barter, assignment, or other disposal of any Doggy Points is expressly prohibited.

Doggy Points do not constitute property, and are not transferable: (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.

Doggy Points assigned, sold, or otherwise transferred in violation of the Program Terms will be confiscated or cancelled. Any violator of the foregoing restrictions is subject to account termination, deduction of Doggy Points from his or her Account, and/or liability for damages and litigation and transaction costs.

Termination or Changes to the Program

DOD reserves the right to terminate the Program for whatever reason with thirty (30) days notice. This means you will have 30 days from the date of notice to accumulate and redeem Doggy Points in your Account before the Program terminates.

Notification of Program termination will be posted on the Website. DOD will not be held responsible for failing to notify you of Program termination should you fail to check the Website on a regular and frequent basis.

DOD may at any time and without notice suspend or disable the Website for maintenance or upgrades. DOD will not be responsible for Members' inability to redeem or earn Doggy Points for the period that the Website is disabled.

DOD reserves the right to change the Program Terms, and any Modifications thereto, under which the Program is offered from time to time and without notice. It is your responsibility to check the Member Agreement and Privacy Policy on the Website regularly to determine whether these program Terms or the Privacy Policy has been modified.

Your continued membership in the Program constitutes your agreement to the Program Terms, and any Modifications thereto.

Termination of Membership

A Member may voluntarily terminate membership in the Program at any time and is effective upon submitting a termination request via email to cs@dod.com.au and the Member receiving confirmation of such termination from DOD. Doggy Points accumulated but not redeemed by the Member up to the date of termination will be forfeited. Members may not accrue or redeem Doggy Points after the date of termination.

DOD reserves the right, in its sole discretion, to disqualify you from membership in the Program if, in the sole judgment of DOD you violate the Program Terms, and/or any Modifications thereto, by providing notice. Upon any termination hereunder, the Member's right to accrue and redeem Doggy Points shall immediately be cancelled. Any and all Doggy Points accumulated but not redeemed up to the date of termination will be forfeited.

Membership in the Program is subject to the Program Terms. Any failure to comply with the Program Terms, any fraud or abuse relating to the accrual or redemption of Doggy Points or any misrepresentation of any information supplied to DOD by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Account and/or forfeiture of your Doggy Points.

Membership in the Program terminates immediately upon your death.

If at any time, you do not accept the Program Terms, or any subsequent Modifications thereto, or become dissatisfied with the Program, your sole remedy is to terminate your participation and membership in the Program.

Notification of Changes

If DOD decides to make Modifications to the Program Terms or modifications to its Privacy Policy, DOD will post all such modifications on the Website so that our Members are always aware of any changes to the Program, or any modifications regarding the kind of personal information we collect, how we use it and under what circumstances, if any, we disclose it. Members have a continuing obligation to check our Website on a regular basis for all notifications and modifications to the Program Terms and Privacy Policy, or to changes to the Program.

Disclaimer of Warranties

THE DOGGY POINTS PROGRAM IS BEING PROVIDED TO MEMBERS "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOD EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATE, FEDERAL, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILILTY, SATISFACTORY QUALITY, N0N-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

DOD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR PROMOTIONS FOR ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED IN CONJUNCTION WITH THE PROGRAM NOR DOES DOD ASSUME ANY RESPONSIBILITY FOR INFRINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.

IN ADDITION, ALTHOUGH DOD INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE DOD WEBSITE, DOD DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER DESTRUCTIVE MATERIALS. IN ADDITION, DOD DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DOD ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THIS SITE.

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE, WRITTEN OR ORAL, GIVEN OR MADE BY OR ON BEHALF OF DOD PRIOR TO THIS MEMBER AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS PROVISION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.

Limitation of Liability

IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH DOD HAS A PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, AN OFFER PARTNER RELATIONSHIP, AN AFFILIATE OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF DOD OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY DOD.

NEITHER DOD SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, PECUNIARY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS), HOWEVER CAUSED AND WHETHER ARISING BY STATE, FEDERAL, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY DOD IN ADMINISTERING THE PROGRAM; OR (III) THE USE OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF DOD OR OSDN, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

DOD IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR CHANGES OR DISCONTINUANCES OF SERVICES OR MERCHANDISE FROM SUPPLIERS, WHICH MAY AFFECT PROMOTIONAL , NO-PROMOTIONAL OR CONTEST OFFERS, OR THE ACCRUAL OF DOGGY POINTS.

IN NO EVENT SHALL DOD’S TOTAL LIABILITY, EITHER JOINTLY OR SEVERALLY, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE AND/OR PARTICIPATION IN THE PROGRAM, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) EXCEED ONE DOLLAR (AU$1.00).

Fraud and Abuse

Fraud or abuse relating to the accrual of points or redemption of Doggy Points may result in forfeiture of accrued points as well as the termination of your DOD Account. You are solely responsible for any fraudulent use of your Doggy Points that could occur due to the theft of or sharing of your password. Doggy Points is a service provided to an individual DOD user, not a company. It is considered fraudulent and abusive for any individual or company to direct, encourage, or allow individuals to use a single DOD account for the purpose of accumulating points for company use.

You agree not to abuse the Doggy Points Program by conduct which is detrimental to the interests of DOD, including without limitation attempting to accrue Doggy Points or spend Doggy Points in a manner inconsistent with the rules of or intent of this Member Agreement, having multiple accounts, attempting to earn Doggy Points through other than legitimate channels, or participating in purchasing or redemption fraud, etc.

DOD reserves the right to terminate or disable, at DOD’s sole discretion, any Program membership if DOD believes you have violated or acted inconsistently with the Program Terms or intent of this Member Agreement. You understand and agree disabling of membership will result in your inability to redeem and/or earn Doggy Points. You understand and agree termination of membership will result in the cancellation of all of your Doggy Points.

DOD shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Doggy Points) shall be final and binding.

Disputes or Errors

All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Doggy Points for accrual or redemption, must be submitted via email within sixty (60) days of the qualifying transaction, to doggypoints@dod.com.au. DOD shall resolve all and any disputes at its sole discretion. In the event that an error is made by DOD, such error shall not constitute a breach of this Member Agreement, and your sole remedy shall be the credit of the disputed Doggy Points to your Account. All interpretations of Program Terms shall be at the sole discretion of DOD. DOD is solely responsible for the interpretation and application of the policies and procedures communicated in this Member Agreement and elsewhere to other Program members. All determinations by DOD shall be final and conclusive in each case. 

Indemnification

You agree to indemnify and hold DOD, OSDN, and their respective affiliates, officers, and employees harmless from any and all claims, demands, damages, and / or costs incurred in connection with any transaction or activity in which you engage in connection with the Program that violates local laws, rules or regulations.