Terms and conditions

General

The Baby Bunting Loyalty Program is operated by Baby Bunting. These terms and conditions contain the terms of operation of the Baby Bunting Loyalty Program and the Benefits to be provided to Members under the Baby Bunting Loyalty Program.

By applying to join the Baby Bunting Loyalty Program you agree to be bound by these terms and conditions as amended from time to time (Terms). A copy of the current version of these Terms is available at https://www.babybunting.com.au/loyalty/terms-and-conditions.

The Baby Bunting Loyalty Program replaces all previous loyalty programs operated by Baby Bunting. Baby Bunting may elect to treat you as a Member where you have participated in a previous loyalty program or marketing program operated by Baby Bunting. You will be taken to have agreed to these Terms if, after the date these Terms first come into effect, you transact with Baby Bunting and provide your Baby Bunting Loyalty Identifier or otherwise agree to participate in the Baby Bunting Loyalty Program.

Baby Bunting may, at times it considers appropriate, modify these Terms (including terms relating to Benefits) or suspend or cancel the Baby Bunting Loyalty Program. If this occurs, Baby Bunting may (but is not required to) notify you of the modification, suspension or cancellation. Without limitation, Baby Bunting reserves the right to transfer Members to another loyalty program owned or operated by Baby Bunting or one of its related bodies corporate.

Membership of the Baby Bunting Loyalty Program

An individual can apply to join the Baby Bunting Loyalty Program by using the application process permitted by Baby Bunting from time to time (which may allow for completion of an application at different times).

Baby Bunting Loyalty Program eligibility is limited to one membership per person. To become a Member, an individual must be 18 years or older, provide a unique and valid email address and a unique Australian mobile number and not otherwise be resident in a place where it is illegal to participate in the Baby Bunting Loyalty Program. To be a Member, and whilst you are a Member, you must provide Baby Bunting with the information it requests (which is generally your full name, email address, postcode of your residence and your mobile number). Additional details may be recorded at the option of the Member. If a Member does not provide or update their details, Baby Bunting may not be able to contact the Member about their membership and Benefits.

An individual becomes a Member on the date specified by Baby Bunting.

An individual may only have one membership in the Baby Bunting Loyalty Program. A Member will be provided with a Baby Bunting Loyalty Identifier. A Member’s Benefits (including the Baby Bunting Loyalty Identifier) are not transferrable and cannot be assigned. A Member must provide their Baby Bunting Loyalty Identifier (or another form of identification accepted by Baby Bunting) when transacting with Baby Bunting to receive Benefits.

If you are a Member, you may nominate one person as a secondary holder to your Member Account by providing that person’s full name in store or to Customer Care. A secondary holder cannot be a holder of a Member Account A secondary holder can redeem Benefits available to a Member when the secondary holder provides the Member’s Baby Bunting Loyalty Identifier at the time of purchase.

Baby Bunting will only send communications related to a Member’s Account to the Member and not the secondary holder.

You may provide the secondary holder with details of your Baby Bunting Loyalty Identifier. However, you must not provide them any passwords required to access your Member Account. Only the Member is authorised to make changes to the Member Account details.

By providing information about a secondary holder to Baby Bunting, you represent that you have their permission to give Baby Bunting the information and their authority to be nominated on your Member Account. You or the secondary holder may at any time request to remove the secondary holder from the Member’s Account in store or by contacting Customer Care.

If you are a Member, you may request Baby Bunting to update your personal details or cancel your membership at any time in store or by contacting Customer Care. Baby Bunting will seek to action your request as soon as possible.

A person ceases to be a Member on the date determined by Baby Bunting. If you have requested a cancellation, the cancellation will usually take effect on or around that date. Baby Bunting may also terminate or suspend a Member’s membership at any time (for example where a Member fails to comply with these Terms). Any Rewards earned will be forfeited on cancellation of your membership.

To ensure a Baby Bunting Loyalty Identifier is not used in an unauthorised manner, Baby Bunting may require a Member to present proof of identification to enable Baby Bunting to verify the identity of a Member or their compliance with these Terms. However, Baby Bunting is not responsible for any unauthorised use of a Baby Bunting Loyalty Identifier.

Member’s personal information

Baby Bunting is a maternity and baby goods retailer and its core purpose is to support new and expectant parents in the early years of parenthood. For a person to become a Member, they must provide personal information to Baby Bunting, which may include whether or not they are pregnant. In addition, some Benefits may relate to a Member’s child (for example, a child’s developmental milestone or birthday). Benefits of this kind cannot be provided if information about a Member’s child is not provided.

When it operates the Baby Bunting Loyalty Program, Baby Bunting will collect information about a Member and, where provided, about a Member’s child (being the child’s due date, birth date, first name and gender).

Personal information that Baby Bunting collects will be collected, managed and used in accordance with Baby Bunting’s Privacy Policy (babybunting.com.au/policies/privacy-policy). Baby Bunting will not share personal information about a Member (or a Member’s child) to third parties for the purpose of marketing.

Benefits

Benefits are determined by Baby Bunting from time to time and may include Rewards, discounts, invitations to events and entry into promotions.

The Benefits available under the Baby Bunting Loyalty Program (from time to time) are specified in the Schedule of Benefits.

Marketing and communications

A Member is taken to consent to Baby Bunting contacting them to provide with consumer or marketing information and notifying them of benefits, products or other special offers. A Member may opt-out of receiving marketing and other communications from Baby Bunting at any time. However, if a Member does so, they will no longer be sent any information about the Baby Bunting Loyalty Program or any Benefits.

Baby Bunting will not be liable for any communications from Baby Bunting that are misdirected, lost or not received by a Member.

Other terms

Baby Bunting’s decision in relation to all matters arising in relation to the Baby Bunting Loyalty Program is final and binding.

If a Technical Issue causes any damage to a computer or other device or results in a Member not receiving or being able to use some or all of a Benefit, a Member should advise Baby Bunting promptly. Baby Bunting will seek to provide that Benefit but it may, where it considers appropriate, refuse to provide the Benefit if the entitlement to, or the amount of, the Benefit is not readily determinable.

Any liability arising out of or in any way connected with a Member’s participation in the Baby Bunting Loyalty Program (including any liability for taxation) is the responsibility of that Member (and not Baby Bunting).

Baby Bunting will not be liable for any injury or loss of any kind to a person or a Member whether by reason of any act or omission, deliberate or negligent, of Baby Bunting in connection with the Baby Bunting Loyalty Program, including injury or loss incurred while participating in any activity of the Baby Bunting Loyalty Program or Baby Bunting or in any activity which a Member is invited to participate.

If the terms limiting liability may not lawfully exclude that liability, then the liability will be limited to the fullest extent permitted by law.

A failure or delay by Baby Bunting to exercise its rights under these Terms does not constitute a waiver of any rights. If any part of these Terms is or becomes illegal, invalid or unenforceable, then that part will be severed and the remainder of these Terms will continue in force. These Terms are governed by the laws of Victoria and the parties submit to the jurisdictions of the courts of Victoria.

These Terms are to be read in conjunction with any additional conditions associated with Rewards, including without limitation with the Website terms and conditions and other relevant Baby Bunting policies and / or terms and conditions.

Definitions

The following definitions apply in these Terms:

Baby Bunting means Baby Bunting Pty Ltd (ABN 43 128 546 154).

Baby Bunting Loyalty Identifier means a unique loyalty identifier allocated to a Member.

Baby Bunting Loyalty Program means the loyalty program operated by Baby Bunting the terms of which are set out in these Terms, as may be amended from time to time.

Benefit means a benefit specified in the Schedule of Benefits, as amended from time to time.

Customer Care means Baby Bunting’s customer care team who can be contacted as set out at https://www.babybunting.com.au/about-us/contact-us.

Member means a person who is determined by Baby Bunting to be a member of the Baby Bunting Loyalty Program.

Member Account means a Member’s membership account with the Baby Bunting Loyalty Program.

Participating Store means each of Baby Bunting’s Australian stores.

Reward means a reward given to Members under the Baby Bunting Loyalty Program as a result of purchasing behaviours, incentives or promotions as set out in the Schedule of Benefits.

Spend and Earn Reward means a Reward issued to a Member when their Spend Balance hits $200, qualifying the Member for a Spend and Earn Reward.

Spend Balance means a Member’s net cumulative spend (i.e. after all discounts, returns etc. have been applied) on Valid Purchases.

Technical Issue means the technical malfunction of any telephone network, connection or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site.

Valid Purchase means a purchase in a Participating Store or on the Website other than purchases of e-vouchers/gift cards, deposits for hire services, delivery fees, layby cancellation fees and selected products that Baby Bunting determines and identifies as not counting towards the Spend Balance.

Website means Baby Bunting’s website, babybunting.com.au, where details of the Baby Bunting Loyalty Program (including the most up to date Terms) can be found and where a Member can monitor their profile.

Reference to a ‘day’ in these Terms means a 24 hour period ending at 11.59pm (Melbourne time).

SCHEDULE OF BENEFITS

The Baby Bunting Loyalty Program operates by attributing different Rewards (as nominated by Baby Bunting from time to time) to Members and providing other Benefits.

Members are eligible to receive the following Benefits:

• Spend and Earn Reward – earn a $10 Reward for every $200 spent on Valid Purchases (details set out below).
• One $10 Baby Bunting Welcome Reward for each new Member.
• Annual Birthday Reward of $10 per child aged- 1 to 3 years of age (up to 2 children per year per Member) provided that the Member has provided the date of birth of their child/children as part of their Member profile on their Member Account.
• Fee-free layby purchases (a saving of $5 off the standard layby fee).
• Exclusive access to Member only competitions and events.
• Tailored parenting information.

Any Rewards are earned and issued in AUD.

Earning Spend and Earn Rewards

When a Member completes a Valid Purchase in a Participating Store or on the Website, the net amount of the Valid Purchase will be added to the Member’s Spend Balance.

The Spend Balance will be updated on Members’ Account as follows:

Once a Member’s Spend Balance reaches $200, a $10 Spend and Earn Reward will be issued to the Member the day after the Spend Balance has been updated.

A Members’ Spend Balance is reset to $0 when a Spend and Earn Reward is issued except for Spend Balance in excess of $200, for which the excess will carry over until the next Spend and Earn Reward is earned and issued.

The following will not attribute to a Member’s Spend Balance:

• A purchase that is not a Valid Purchase
• The value of any redeemed Rewards
• Transactions completed through eBay
• Online transactions that are completed as guest transactions
• Transactions in a Participating Store that a Member does not link to their Member Account

Earning Rewards (general)

Baby Bunting may (at its discretion) update a Member’s Account with a Reward in connection with a Member’s purchasing behaviour or specific promotional activities.

Baby Bunting will endeavour to notify a Member via email or SMS when the Member has earned a new Reward (except where the Reward is issued directly by Customer Care or where the Member has unsubscribed to e-mail or SMS communications). A Member can also obtain information about their Rewards by calling Customer Care or asking in store or at any time by logging into their Member Account on the Website.

Redeeming Rewards

Unless otherwise specified, a Reward can be redeemed in Participating Stores, on the Website (by being logged into to your Member Account) or as part of transactions completed through Customer Care.

Rewards can be redeemed for a period of 30 days and will expire at 11:59pm AEST on the 30th day from the date of issue and cannot be extended unless stated otherwise. The expiry date of each Reward will be available for view on the Member’s Account.

Any product, brand or category specific Reward will be applied to the eligible product in the cart that has the highest price (after applicable discounts). All other Rewards will be applied proportionally across each item that is a Valid Purchase based on the percentage that each item represents of the total amount of the Valid Purchase. This will mean that the Reward will not be split equally across all items.

If the Reward is redeemed against a product that has a value less than the Reward, the whole Reward is considered redeemed and no partial Reward will be issued.

Only Rewards from one Member Account can be redeemed per transaction.

A Reward cannot be redeemed for e-vouchers/gift cards, deposits for hire services, payments towards an existing product on layby or layby cancellation fees, and for selected products or services that may be determined and identified by Baby Bunting not to be eligible for redemption of a Reward. Baby Bunting may specify that a specific Reward cannot be used in conjunction with other offers.

Returns

If you return a product that was purchased using a Reward:

• Baby Bunting will not re-issue that Reward, except where:
  • the product is being returned because you have the right to return the product under the Australian Consumer Law; or
  • Baby Bunting otherwise chooses to re-issue the reward (we may do so, for example, where the product is being exchanged or for some other reason); and
• your Spend Balance will be adjusted downwards to reflect any cash refund provided to you arising from your return of the product(s). This may mean that your Spend Balance could be adjusted to a negative balance; and
• Baby Bunting may also cancel any active Spend & Earn Rewards that have been issued arising from a Valid Purchase that have been returned (eg to offset any reversed Spend Balance).

A Reward redeemed on a layby purchase or on a layby adjustment or exchange (Layby Transaction), can be re-issued for an adjustment or exchange of a layby product provided the adjustment or exchange is within 30 days of the Layby Transaction. If a product is removed from the layby and not replaced, the Reward applied on the removed product will be forfeited and the Spend Balance attributed to that product reversed.

Other terms

Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Rewards do not represent legal tender in any country.

Baby Bunting reserves the right to withdraw, cancel or vary a Member’s Spend Balance and/or Rewards without notice and at any time in respect of Spend Balance and/or Rewards that have been awarded in error or earned fraudulently.

A Member’s Spend Balance will be reset to $0 if no Valid Purchase has been made against the Member’s Account in the prior 24 month period.