The Emerson Club

MEMBERSHIP TERMS AND CONDITIONS

General terms and conditions

1. These terms and conditions (as varied from time to time as provided for herein) set out the terms and conditions of membership with “The Emerson Club”, being the business and trading name of One 4 Five Pty Ltd (ABN 62149599851) of 143-145 Commercial Rd South Yarra, VIC, 3141, telephone (03) 9825 0900 (“Promoter”).
2. Membership entails entry into the scheme of membership described in these terms and conditions only. It does not confer on the member any interest or entitlement, whether proprietary or otherwise, in or to the business or operating entity of The Emerson Club.
3. Membership is at the discretion of The Emerson Club, which reserves the right to cancel any membership at any time with or without cause and with or without notice.The Emerson Club reserves the right to reject any application for membership for any reason whatsoever. Applications for membership must be performed in the manner prescribed by the Emerson Club.
4. Membership of The Emerson Club is personal and is only available to persons over the age of 18. The membership and benefits cannot be used by anyone apart from the individual members. Only one membership per person.
5. Notwithstanding the aforesaid, upon the death of a member the legal personal respresentative of that member may apply to The Emerson Club to request that such membership be assigned to a member of the immediate family of that member. The Emerson Club will reasonably consider any such request.
6. Unless cancelled or terminated earlier, membership shall be for a term of 12 months from the date of application. Membership shall automatically be renewedfor a further period of 12 months upon the expiry of the intial term, or any further term (as the case may be) unless cancelled by the member prior to the date of renewal. Upon renewal a renewal fee may be payable.
7. The member consents to and accepts registration and processing of personal information by The Emerson Club in accordance with prevailing legislation, these membership terms and conditions and the prevailing privacy policy of The Emerson Club. This information, as well as purchase and rewards redemption information, may be used by The Emerson Club and participating businesses to administer The Emerson Club, including storage and calculation of rewards points. Members’ postal addresses, e-mail addresses and mobile numbers may be used to send out information and offers within the framework of prevailing laws and regulations.
8. Members have the right to inspect or correct their own personal information. Members can withdraw consent for allowing The Emerson Club to register and process their personal information. Withdrawal of consent will be treated as termination of membership with The Emerson Club.
9. The Emerson Club reserves the right, at any time, to verify the identity of members or applicants for membership (including an entrant’s age and place of residence) and reserves the right, in its sole discretion, to terminate without refund the membership of and/or disqualify any individual from membership who The Emerson Club has reason to believe has breached any of these terms and conditions, tampered with the entry process or engaged in any misconduct in connection with their membership.
10. A membership card will be issued as proof of membership. If enrolment is done through the internet, a membership card will only be issued to residents of Australia. In order to register rewards points and to receive personal benefits, members are personally responsible for presenting their membership card or their electronic device (such as an iPhone) on which the App is downloaded or installed. The membership card must be signed by the cardholder. Replacement cards for lost or destroyed membership cards may be provided upon provision of satisfactory proof that the card has been lost or destroyed, at a cost of $30.
11. In the event of misconduct with respect to a membership card or rewards program, without limiting its rights hereunder The Emerson Club reserves the right to exclude the member(s) in question from any program.
12. The Emerson Club reserves the right to wind up its membership scheme with a one-month notice period to members. Any such notice will be sent by e-mail, or there will be a notice on the The Emerson Club website or App. The Emerson Club will not be responsible for any losses to the individual member which may ensue from this winding-up
13. Members can cancel their membership of The Emerson Club at any time. Cancellation must be in writing and sent to The Emerson Club. Cancellation will take immediate effect from the date on which The Emerson Club receives notice of cancellation. Cancellation of membership, on any ground, means that you can no longer use earned bonus points. No refund shall be payable in the event of cancellation of membership for any reason.
14. The Emerson Club reserves the right to unilaterally change the membership terms and conditions without giving further notice to the individual member. Such changes will, unless otherwise stated, take immediate effect. The Emerson Club will publish changes to the terms and conditions on its website or App. However, members are responsible for keeping themselves updated in relation to any changes to the terms and conditions. The membership terms and conditions published on the website or App are to be considered the applicable membership terms and conditions for The Emerson Club.
15. Employees (and their immediate families) of The Emerson Club are ineligible for membership.
16. In these terms and conditions:
(a) “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin;
(b) “misconduct” means unlawful or other improper conduct, behaviour which is troublesome or shows a lack of respect towards the staff, partners or venues, criminal actions or actions which are generally perceived to be immoral, unethical or contrary to these membership terms and conditions.

Membership Tiers

17. Membership are divided into tiers. At the time of publication of these terms and conditions, such tiers are “Bronze”, “Silver”, “Gold” and “Sundays – Copper”. The Emerson Club may introduce or remove tiers at any time at their discretion. If a tier is removed, then all members on that tier at the time of removal shall be transferred to another tier that is not worse off for members than the removed tier, or continue those members in the removed tier until the end of the then current term of their membership, at the election of The Emerson Club.
18. The membership cost of entry into each tier shall be set by The Emerson Club at its discretion and may be altered from time to time as The Emerson Club determines. Any such alteration shall apply with respect to a member from the next date of renewal of that member’s membership.
19. Members may upgrade to a higher tier upon request. An additional fee may be payable for such upgrade. Members may not downgrade to a lower tier other than at the time of renewal of a membership in accordance with these terms and conditions.
20. The Emerson Club shall determine from time to time the membership benefits conferred on members in each tier. The Emerson Club reserves the right to introduce new benefits or withdraw benefits as it considers fit.
21. Details of each membership tier, including the cost of entry and the applicable benfits, shall be disclosed on The Emerson Club’s electronic device (such as an iPhone) application (App) or its website, or in such other manner as The Emerson Club decides.

Rewards Points and Redemption of Rewards

22. Members may receive rewards points for acquiring products or services from The Emerson Club. Rewards points shall be allocated by reference to the total dollar spend on products or services. The Emerson Club reserves the right to set and alter from time to time at its discretion the number of rewards points allocated for each dollar spent.
23. Allocation of rewards points is performed electronically, by presenting the member’s membership card or electronic device (such as an iPhone) on which the App has been downloaded and installed for scanning at the point of sale. Rewards points will not be allocated in any other way. Failure to present a membership device or electronic device at the point of sale will disentitle the member to receive an allocation of points for the particular purchase.
24. Rewards points earned and membership numbers are personal and cannot be transferred to another members’ bonus accounts or redeemed for cash.
25. Members’ rewards points balance will be available through the App or by request in writing to The Emerson Club. The Emerson Club does not warrant that any rewards points balance stated or provided to a member is complete, correct or up to date as such balance may be affected by the allocation of additional points or the redemption of rewards between the time at which the balance information is requested and the time at which it is made available.
26. In the event of any misuse, misconduct or breach of these terms and conditions by a member, The Emerson Club may at its discretion (and without limiting its rights generally) cancel some or all rewards points allocated to that member.
27. Rewards points are valid for three years (36 months) from the month in which they were earned, subject to the member maintaining their membership throughout such period. If a member’s membership is terminated, cancelled or expires then all rewards points then accrued shall be automatically invalid. After this time the rewards points will automatically become invalid and cannot be used subsequently. On redemption of rewards points, the oldest, valid rewards points will be redeemed first.
28. To redeem rewards points, members must have sufficient valid rewards points in their rewards points account. Rewards available to members and the number of reward points required to be redeemed to receive that reward shall be advertised through the App or such other means determined by The Emerson Club from time to time, or can be advised upon request.
29. The Emerson Club does not warrant that any particular reward shall be available for redemption and reserves the right to withdraw or substitute for a suitable replacement any reward. If any reward is withdrawn after being selected by a member, then that member’s rewards points shall be restored to their account. The Emerson Club reserves the right to increase or decrease the number of rewards points required to be redeemed for any particular reward.
30. Rewards are taken by members at their own risk. If rewards are supplied by third party suppliers, then to the maximum extent permitted by law The Emerson Club is not responsible for and members release The Emerson Club from any liability with respect to the performance, fitness for purpose, quality, function or any other similar matter of any reward supplied by such third party supplier, or for any failure on behalf of such third party supplier to supply such reward.