The following Rules set out the membership agreement between the Member and the Venue Operator in relation to the Castello Group Rewards Program (“the Program”) operated at the Venue by the Venue Operator. The Rules govern the Member’s access to Rewards offered by the Venue Operator from time to time pursuant to their membership in the Program and details the rights and obligations of the Member and Venue Operator in respect of the Program.
By completing the Membership Application, the Member acknowledges that they have read, understood and agree to be bound by these Rules, which constitute a legally binding agreement between the Member and the Venue Operator.
“Act” means the Gambling Regulation Act 2003 (Vic), as amended from time to time.
“Applicant” means a person seeking approval as a Member in the Program and who has completed a Membership Application.
“Associated Person” means the directors, employees (whether full-time, part-time, or casual), Related Bodies Corporate, agents and contractors, advisors and owners of the Venue Operator and any Third Party Providers.
“Australian Consumer Law” has the same meaning given to that term in the Competition and Consumer Act 2010 (Cth).
“Castello Group” means Castello Group Pty Ltd (ABN 211 664 176 16) and any of its Related Bodies Corporate.
“Castello Group Rewards Program” or “Program” means the “Diamond Rewards” branded membership program operated by the Venue Operator at the Venue and which is governed by these Rules.
“Castello Group Rewards Rules” or “Rules” means these Castello Group Rewards Rules which apply to the Program, including the Terms and Conditions of Membership, Rules of Play and any Schedule or other document attached or incorporated into the Rules, as amended from time to time by the Venue Operator in its absolute and sole discretion.
“Claim” means a demand, claim, action or proceeding made or brought by or against a party, however arising and whether present or future, fixed or unascertained, actual or contingent.
“Confidential Information” in relation to a party means, except to the extent such information is public knowledge or becomes public knowledge other than by breach of these Rules, all information or material proprietary to a party, in whatever form or of whatever subject matter of a confidential nature or marked or designated as confidential, disclosed by that party to the other party pursuant to these Rules or relating to the Program.
“Excluded Person” means any person as determined by the Venue Operator or any wagering and or betting operator in Australia or overseas to be ineligible to participate in any gambling services and any person who has informed the Venue Operator or any wagering and or betting operator in Australia or overseas that they wish to be ineligible to participate in any gambling services.
“Gaming Machine” has the same meaning as in the Act.
“Governmental Authority” means any government or governmental, administrative, monetary, fiscal or judicial body, department, commission, authority, tribunal, agency, authority, stock exchange or entity.
“Intellectual Property” means all present and future rights conferred by statute, common law, equity or any corresponding law in or in relation to copyright, trademarks, designs, patents (including Patent Rights), circuit layouts, business and domain names, inventions, trade secrets, know-how and Confidential Information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include all rights in all applications to register these rights all renewals and extensions of these rights and all rights in the nature of these rights, excluding moral rights.
“Kiosk” means the Program branded kiosk situated at the Venue which accept the Membership Card.
“Liability” means any liability or obligation in relation to any Claim or Loss however arising, including penalties, fines and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
“Loss” means any direct damage, loss, costs, claim or expense (including legal costs and expenses).
“Member” means a person who is eligible for membership of the Program and who is accepted as a Member of the Program and whose membership has not been cancelled or terminated.
“Membership Card” means the card validly issued to the Member by the Venue Operator upon signing the Membership Application form and so agreeing to enter the Program, upon which Points are recorded (and includes any temporary Membership Card(s) issued to the Member).
“Network Promotion” means a promotion that is based on a game of skill with no element of chance developed by a Third Party Provider to enable Members to potentially be awarded Prizes by the Venue Operator.
“Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth) and includes any information about the Member from which their identity can be reasonably ascertained, including without limitation:
“Player Activity Statement” means the statement issued to the Member by the Venue Operator detailing the Members gaming activity for the previous 12 month period.
“Points” means points awarded by the Venue Operator to the Member when they visit the Venue and Present their Membership Card to either the Kiosk or one of the Venue’s points of sale locations.
“Points Balance” means the number of Points accumulated by the Member at a particular point in time.
“Present” in relation to a Membership Card means to insert, swipe, touch, or otherwise interface and exchange data between the Membership Card and a Kiosk or one of the Venue’s points of sale locations.
“Promotion” means a Venue Promotion or a Network Promotion or both, as the context requires.
“Prize” means a prize which may consist of money, goods, additional Points, or some other benefit, awarded by the Venue Operator to the Member as:
“Related Body Corporate” has the meaning given to it in the Corporations Act 2001 (Cth).
“Representation” means a clear, explicit statement that is made in writing.
“Rewards” means benefits, facilities, goods, Prizes and arrangements which may, from time to time, be offered or provided to the Member by the Venue Operator in exchange for Points that the Member earns at the Venue pursuant to these Rules.
“Membership Application” means the Membership Application required to be completed by Applicants prior to being granted membership in the Program in the form approved by Castello Group from time to time and attached to these Rules.
“Third Party Offers” means offers of goods or services which may from time to time be offered or provided to Members by third parties via the Website, Kiosk and/or Venue promotional material, and which are not provided in exchange for Points and which may be free or provided in exchange for payment (and may include, without limitation, discount programs). For the avoidance of doubt, Network Promotions are not considered to be Third Party Offers.
“Third Party Provider” means any external service provider engaged by the Venue Operator to assist in administering the Program.
“Venue” means the Venue selected by the Member on their Membership Application and in relation to which Members are granted membership in the Program.
“Venue Operator” means the corresponding Venue Operator of the Venue selected by the Member on their Membership Application, and any of its Related Bodies Corporate, which offers membership in the Program.
“Venue Promotion” means a promotion that is based on a game of skill with no element of chance developed by the Venue Operator to enable members to potentially be awarded Prizes by the Venue Operator.
“Website” means www.diamondrewards.com.au, the Venue Operator’s website at which these Rules can be found.
(a) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(b) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
(c) a reference to an agreement or document (including a reference to this Agreement) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by this Agreement;
(d) a reference to a party to this Agreement or another agreement or document includes the party’s successors, permitted substitutes and permitted assigns (and, where applicable, the party’s legal personal representatives);
(e) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
(f) mentioning anything after the words “includes”, “including”, “for example”, or similar expressions, does not limit what else might be included; and
(g) in this Agreement the plural includes the singular and vice versa.
2.1.1 To apply for membership in the Program, Applicants must complete and sign a Membership Application. By so doing, Applicants acknowledge and agree that all information provided is true and correct.
2.1.2. The Venue Operator reserves the right to refuse an application for membership in its sole and absolute discretion and without providing reason.
(a) Only one membership per person is permitted per Venue.
(b) To be eligible to be a Member of the Program, an Applicant must be over 18 years old and an Australian resident.
(c) Applicants must complete a Membership Application in the form approved by the Venue Operator from time to time and provide the required Personal Information, including name, date of birth and address, to enable the Venue Operator to consider the Applicants eligibility to be a Member.
(d) The Venue Operator may not be able to approve an application for membership in the Program if the Applicant does not provide the necessary Personal Information.
(e) Members and/or Applicants may be asked at any time to produce valid identification acceptable to the Venue Operator to prove their eligibility to be a Member.
(f) If the Venue Operator determines that a person is not eligible to be or become a Member on either or both of the age or residency grounds, or because the person has refused to produce evidence acceptable to the Venue Operator, the Venue Operator will immediately reject the Membership Application or cancel the existing membership (if any) and any Points that may have accrued will be immediately forfeited.
(a) Unless authorised by the Venue Operator (in its absolute discretion), Associated Persons are ineligible to join the Program.
(b) If a Member subsequently becomes an Associated Person, membership in the Program will be automatically terminated and Points (if any) immediately forfeited without compensation.
(a) Excluded Persons are ineligible to join the Program.
(b) If a Member subsequently becomes and Excluded Person, membership in the Program will be automatically terminated and their Points (if any) immediately forfeited without compensation.
(c) It is the responsibility of the Member to inform the Venue Operator if they become an Excluded Person.
Only one Membership Card per Member per Venue is permitted. Membership Cards are Venue specific and Applicants must apply separately to join the Program at each Venue the Applicant wishes to earn Points, redeem Rewards, or participate in any Promotions at.
(a) Use of the Membership Card indicates the Members continuing acceptance of these Rules.
(b) A Membership Card issued to a Member is personal to that Member and may only be used by the Member for the Program. The Venue Operator reserves the right at any time to require a person using a Membership Card to provide valid identification acceptable to them to verify that that person is entitled to use that Membership Card.
(c) Members must use their Membership Cards (and may be required to enter a PIN) to be able to access their Program membership via a Kiosk. Members must not disclose their PIN to any other person for any purpose whatsoever.
Membership Cards remain the property of the Venue Operator (even when in the possession of the Member) and must be returned to the Venue Operator on demand.
(a) It is the responsibility of Members to protect their Membership Card and take precautions against loss, theft or any unauthorised use. Members must immediately report to the Venue Operator any lost or stolen Membership Card.
(b) Members must present identification acceptable to the Venue Operator to receive a replacement Membership Card. Fees apply.
(a) Members must notify the Venue Operator as soon as possible of any change in name and present to the Venue Operator valid identification acceptable to the Venue Operator to evidence any such change in name.
(b) Members must notify the Venue Operator in writing of any change of address, including both email and postal address as soon as possible. The Venue Operator may require any reasonable written proof necessary to verify the change.
(a) Members agree not to transact using their membership whilst intoxicated and agree and acknowledge that they are fully liable for all actions and activity regarding membership whilst intoxicated.
(b) Members must not allow any other person, including minors, to use their Membership Card.
(c) Members must not, in connection with their use of the Program, engage in conduct that is inconsistent with their membership in the Program and acknowledge that if they are found, in the Venue Operators sole discretion, to have engaged in any of the following conduct, their membership will be terminated immediately and any Points Balance forfeit:
i. Theft, fraud, assault or any other unlawful behaviour;
ii. Bullying and/or harassment;
iii. Failure to comply with these Rules or follow any lawful and reasonable directions of Venue staff; and/or
iv. Cause imminent and serious risk to a person’s health or safety.
3.1.1. The Program is provided and administered by the Venue Operator at the Venue.
3.1.2. Members acknowledge that certain services relating to the Program may be provided by Third Party Provider/s.
3.1.3. The Venue Operator elects or permits Points to be allocated in respect of the Program from time to time.
3.1.4. Decisions made by the Venue Operator in relation to the Rules, Program, Points, Rewards and Promotions are final and no correspondence will be entered into.
(a) To earn Points, Members must visit the Venue and Present their Membership Card when purchasing any goods/services offered by the Venue Operator for which Points may be earnt under the Program.
(b) Members earn Points, among other things, for gaming turnover in a Gaming Machine located at the Venue in which their Membership Card is Presented at the time of the spend. Points will only be credited to Membership Cards in respect of whole dollar bets placed on Gaming Machines.
(c) The basis and rate upon which Members may earn Points is one (1) point per $1.00 of eligible spend in the Venue (excluding Gaming Machine spend) unless otherwise determined by the Venue Operator in its sole and absolute discretion and subject to change without prior notice save and except that such changes will not be made retrospectively.
(d) The basis and rate upon which Members may earn Points is one (1) point per $10.00 of turnover on Gaming Machines at the Venue unless otherwise determined by the Venue Operator in its sole and absolute discretion and subject to change without prior notice save and except that such changes will not be made retrospectively.
(e) The Venue Operator may, in its sole and absolute discretion, from time to time introduce additional means of earning Points, including vouchers and other special offers, in all cases subject to such terms and conditions as will be determined by the Venue Operator.
(a) Points will not validly accrue on a Membership Card whilst a person other than the Member uses the Membership Card.
(b) It is the Member’s responsibility to ensure that Points are clustered when using the Membership Card. If a Member becomes aware that the Kiosk is not working, they should inform the Venue staff.
(c) The Venue Operator reserves the right to adjust the Points Balance where Points have been accumulated as a result of any malfunction, operator fault, misrepresentation, misuse of Membership Card, or as a result of any impropriety.
(d) Unless otherwise specified by the Venue Operator, Points that have not already been redeemed will automatically expire one (1) year from the date they were earnt.
(e) Any notice issued by the Venue Operator (whether via the Kiosk or otherwise) regarding the Points Balance will be final and conclusive.
(a) Points are not cumulative nor transferable between Venues or to other persons even in the event of death. Members accrue points separately for each Venue they are a member of.
(b) Points are not exchangeable for cash.
(a) By joining the Program, Members agree to receive Player Activity Statements from the Venue Operator at least once per year via email, unless the Member elects (on their Membership Application or by notice to the Venue Operator in writing) to collect their Player Activity Statement from the Venue (Collection Option).
(b) If a Member elects the Collection Option, the Venue Operator will within seven (7) days after the Player Activity Statement is prepared, notify the Member by email that their Player Activity Statement is available for collection from the Venue (Collection Notice).
(c) Additional copies of Player Activity Statements can be obtained from the Venue Operator on written request. The Venue Operator may in its sole discretion charge a fee not exceeding $20 for each additional Player Activity Statement.
(a) Members can at any time set a limit on the amount of time, in any 24 hour period determined by the Venue Operator, that Members may play Gaming Machines to earn Points (Time Limit) by giving notice to the Venue Operator (Time Limit Notice).
(b) Members may change the Time Limit (New Time Limit) at any time by giving the Venue Operator a new notice (Revised Time Limit Notice). If the New Time Limit is an increase of the current Time Limit, this change will not take effect until the time determined by the Venue Operator (which will be at least 24 hours after the Revised Time Limit Notice is received by the Venue Operator).
(c) Members are not permitted to continue playing Gaming Machines as part of the Program and will not accrue any Points for playing Gaming Machines when their Time Limit or any New Time Limit is reached.
(d) Members may also set a limit on:
i. net loss when playing Gaming Machines as part of the Program in any 24 hour period determined by the Venue Operator (Loss Limit) by giving notice to the Venue Operator (Loss Limit Notice); and
ii. net loss when playing Gaming Machines as part of the Program in any year determined by the Venue Operator (Yearly Loss Limit) by giving notice the Venue Operator (Yearly Loss Limit Notice).
(e) Members may change the Net Loss Limit (New Loss Limit) at any time by giving the Venue Operator a new notice (Revised Loss Limit Notice). If the New Loss Limit is an increase of the current Loss Limit, this change will not take effect the time determined by the Venue Operator (which will be at least 24 hours after the Revised Loss Limit Notice is received by the Venue Operator).
(f) Members may change the Yearly Net Loss Limit (New Yearly Loss Limit) at any time by giving the Venue Operator a new notice in writing (Revised Yearly Loss Limit Notice). If the New Yearly Loss Limit is an increase of the current Yearly Loss Limit, this change will not take effect until the time determined by the Venue Operator (which will be at least 24 hours after the Revised Yearly Loss Limit Notice is received by the Venue Operator).
(g) Members are not permitted to continue playing Gaming Machines as part of the Program and will not accrue any Points for playing Gaming Machines when their Loss Limit, any New Loss Limit, Yearly Loss Limit or any New Yearly Loss Limit is reached.
(a) Points can be exchanged for available Rewards offered by the Venue Operator. Additional Points needed to obtain a Reward cannot be purchased.
(b) Members may request Rewards from time to time from the then-available Rewards offered by the Venue Operator.
(c) The Venue Operator determines the number of Points required to redeem any Reward in their sole discretion absolutely and may change the number of Points required to redeem any Reward at any time without notice.
(d) If the Venue Operator makes a Representation to a Member that a Reward will be available for a defined period, or the number of Points required to redeem a Reward will remain fixed for a defined period, then the Venue Operator will honour that Representation.
(a) Rewards are subject to change and availability and may be subject to certain conditions. The Venue Operator reserves the right, in its sole and absolute discretion, to accept or reject upon reasonable grounds any request to receive a Reward without providing any reason.
(b) Subject to consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law and except to the extent otherwise required by law:
i. Rewards cannot be returned or exchanged, nor refunded for Points; and
ii. The Venue Operator and any Third Party Providers do not make any warranties or representations in connection with any Rewards and expressly disclaims all liabilities (including for consequential and indirect loss) concerning the type, quality and standard of the Rewards.
3.5.1. Members may be invited to participate in Promotions at the Venue from time to time. Participation in Promotions may be subject to certain terms and conditions, and said terms and conditions will prevail over these Rules to the extent of any inconsistency.
3.5.2. If the Venue Operator makes a Representation to a Member that a Prize will be awarded for a Promotion, then the Venue Operator will honour that Representation.
3.6.1. The Program may from time to time allow Members to access Third Party Offers.
3.6.2. Members acknowledge that Third Party Offers may be subject to terms and conditions of third-party party suppliers, may be withdrawn at any time, and may require payment of a fee to the third party provider which may require entry of Members credit card details into the Kiosk.
3.6.3. Members acknowledge that the Venue Operator does not record or capture credit card numbers when entered using the Kiosk and Members enter their credit card details in the Kiosk at their own risk.
3.7.1. The Venue Operator reserves the right to, at any time and from time to time without prior notice make changes to the Program and Rules as reasonably necessary to protect the legitimate interests of the Venue Operator and any Third Party Providers.
3.7.2. A copy of the current Rules (as amended from time to time) may be obtained from the Venue via the Kiosk or on the Website. If there is at any time any inconsistency between the Rules obtained from these sources, the Rules included on the Website will take priority.
3.7.3. If a change to these Rules will have a materially detrimental effect on Members the Venue Operator will notify Members directly of that change.
At least once each year, the Venue Operator will send Members a notice in writing informing Members of their right to terminate membership in the Program.
Members may terminate membership in the Program immediately at any time by giving the Venue Operator notice in writing (Opt Out Notice). On receipt of an Opt Out Notice, the Venue Operator will immediately cancel the Members membership and any Points not redeemed at the time of cancellation will be immediately forfeited.
(a) The Venue Operator reserves the right to, at any time and from time to time, cancel the Program in whole or in part or suspend it for any period for any reason after giving 30 days’ notice on the Website and the Kiosk (Cancellation Notice). If the Program is cancelled, Members will be allowed 30 days to request Rewards after which time Points Balance not redeemed will be forfeited.
(b) Members acknowledge and agree that the Venue Operator makes no representation or warranty that the Program will continue to be available for any period and the Venue Operator may cancel the Program at any time and from time to time without providing any reason.
(a) If a Member fails to collect their Player Activity Statement within one (1) month of the date of the Collection Notice, their membership in the Program will be automatically suspended until:
i. the Player Activity Statement is collected;
ii. the Member elects to receive their Player Activity Statement via email instead; or
iii. the Member’s membership in the Program is terminated
(whichever is the first to occur).
(b) The Venue Operator may elect to immediately suspend a Members membership in the Program to investigate their membership and the use of their Membership Card if the Venue Operator becomes aware or reasonably believes:
i. the Members membership has errors, has been misused and/or has been subject to unauthorised use;
ii. the Member has breached these Rules;
iii. a Member may not be gambling responsibly; and/or
iv. is directed by a government authority to do so.
(c) The Venue Operator will notify the Member in writing of any suspension.
(d) Notwithstanding any other provisions in these Rules, if a Members membership in the Program is suspended for any reason, the Member will not receive any marketing or promotional materials in relation to Gaming Machines and gaming products and services during the period of suspension.
The Venue Operator may at its sole discretion immediately terminate a Members membership in the Program by giving the Member notice in writing (Termination Notice) if:
(a) A Member fails to collect their Player Activity Statement within three (3) months of the date of the Collection Notice;
(b) A Member fails to strictly comply with any of the Rules or any procedures, policies or rules imposed by the Venue Operator;
(c) A Member claims to have an excessive number (in the Venue Operator’s sole discretion) of lost, stolen, or damaged Membership Cards;
(d) The Member fails to comply with the terms and conditions relating to any Third Party Offer;
(e) The Member is or may not be gambling responsible;
(f) The Member is or becomes an Excluded Person;
(g) The Member misuse their Membership Card or that of another Member; and/or
(h) The Member behaves in a manner that the Venue Operator (in its sole discretion) considers to be dishonest, offensive, disruptive, intimidating, illegal and/or improper.
If a Member dies, their membership will be automatically cancelled.
If a Members membership is terminated or cancelled for any reason whatsoever, then the Member:
(a) benefits associated with the Program, including any Points Balance as of the date of termination, are automatically forfeited (unless the Venue Operator determines otherwise);
(b) will not be eligible to receive any benefits offered under the Program;
(c) is required to immediately return their Membership Card to the Venue Operator; and
(d) notwithstanding any other provisions in these Rules, the Member will not receive any marketing or promotional materials in relation to Gaming Machines and gaming products and services from the date their membership in the Program is cancelled/terminated.
If a Members membership in the Program is terminated for any reason and the Member subsequently becomes eligible to re-join the Program, the Member must complete a new Membership Application.
(a) Members acknowledge and agree that it is the Members responsibility to at all times keep appraised of the current Rules and to ensure that their contact details, including email address, is current at all times.
(b) The Member hereby releases and forever discharges the Venue Operator and any Third Party Providers and their Associated Persons from any Claim arising from any act or inaction of any person in connection with the Program, Promotions, Prizes, Points, Rewards and Third Party Offers, including (without limitation) any errors or admissions (including negligence) in representations, information, publications or advertisements directly or indirectly about the Program, Promotions, Prizes, Points, Rewards or Third Party Offers.
(a) Subject to consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law and to the extent otherwise permitted by Law, the Venue Operator and any Third Party Provider makes no warranties or representations to Members in connection with any Promotions (or any Prizes awarded under any Promotions) and expressly disclaims all Liability (including for consequential and indirect Loss) concerning type, quality, and standard of those Promotions and Prizes.
(a) The Venue Operator will collect, hold, use and disclose Members Personal Information in accordance with the Privacy Act 1988 (Cth), the Venue Operator’s Privacy Policy (insert web address) and that of any Third Party Providers.
(b) Members are advised to read the Venue Operator’s Privacy Policy in full before joining the Program.
(c) Unless required by law, the Venue Operator will not allow a third party to access any Personal Information that it holds in relation to a Member.
(d) Members acknowledge and agree that the Venue Operator and any Third Party Providers may provide information about the Program (other than Members Personal Information) to any person or body for research purposes if directed to do so by any Government Authority.
(a) By completing the Membership Application, Members consent to receiving offers and promotional material from third parties (including, but not limited to any Third Party Providers). Members may opt out from receiving such communications at any time by writing to the Venue Operator.
(b) If a Member marks the relevant box on the Membership Application requesting to receive gaming machine advertising in connection with gaming machines operated at the Venue, they may opt out from receiving communications at any time by writing to the Venue Operator and any Third Party Provider.
(c) If a Member receives any communication from the Venue Operator that they have asked not to receive, the Member must immediately inform the Venue Operator to opt out.
(a) Members may access Personal Information currently held by the Venue Operator in relation to their membership in the Program by request in writing and providing valid identification acceptable to the Venue Operator to evidence the Members current or prior membership in the Program.
(b) The Venue Operator may in its sole discretion charge a fee not exceeding $20 for providing access to Personal Information.
4.3.1 The Venue Operator takes no responsibility for delays or non-receipt of information due to the Members failure to keep contact information up to date.
4.3.2 The Venue Operator will not be liable for any loss or damage whatsoever the Member or anyone else may suffer as a result of any termination or suspension of membership in the Program.
4.3.3 Third Party Offers are not offered or provided by the Venue Operator and the Venue Operator has no liability whatsoever to Members about the promotion or provision of Third Party Offers, even if branding for the Program is used in connection with Third Party Offers and even though Members may access Third Party Offers via the Kiosk, the Website or via other materials provided by the Venue Operator.
4.3.4 The Venue Operator does not accept any responsibility for misuse of lost or stolen Membership Cards. The Venue Operator will not be liable for any unauthorised exchange of Points or any other entitlement, benefit or reward where a Membership Card is lost or stolen or if a PIN becomes known to another person.
4.3.5 Further and notwithstanding anything to the contrary in these Rules and without limiting any other provision of these Rules, subject only to the consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law and to the extent otherwise permitted by Law:
(a) all express and implied warranties (whether statutory or otherwise) relating in any way to the subject matter of these Rules (including, without limitation, in connection with the operation of the Program, Promotions, Prizes, Points, and Rewards) and any goods or services obtained by you in respect of Third Party Offers) are excluded by the Venue Operator;
(b) the Venue Operator has no liability for any Loss incurred by Members, directly or indirectly, in connection with the Program, Promotions, Prizes, Points, Rewards or use of Third Party Offers and Members release and discharge the Venue Operator from any and all liability for damage or loss; and
(c) the Venue Operator will use reasonable endeavours to transmit notices and other relevant information to Members via the Kiosk, the Website and by other means, but the Venue Operator will not be liable for any failure to do so.
4.3.6 Any tax assessment or other government charge liability or reporting requirements in relation to Members participation in the Program, Promotions, receipt of Prizes, the receipt or redemption of Points or the receipt of any Rewards is the Members sole responsibility.
4.4.1 An electronic communication from the Venue Operator will satisfy any requirement for a written communication including for a written notice under these Rules unless otherwise stated.
4.4.2 Any electronic communication will be taken to be received on the next business day after it was sent, provided it was sent it to the most current email address.
4.5.1 Except as expressly set out in this Agreement, all terms, conditions, warranties and statements, (whether express, implied, written, oral, collateral, statutory or otherwise) are excluded to the maximum extent permitted by law.
4.5.2 If any part of the Rules is at any time illegal, invalid, or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid, or unenforceable, but if that is not possible, it will be severed from the Rules and the remainder of the Rules will continue to have full force and effect.
4.5.3 These Rules and the Program itself are governed by the laws of Victoria.