Paramount Liquor Evolution Rewards Program

Terms and Conditions

Dated: 1 June 2021

1. Introduction

1.1 These Terms and Conditions form the basis of the Paramount Liquor Evolution Rewards Program (the “Program”). They operate to benefit both Members and Paramount Liquor. As a precondition to participation in the Program, each Member has the responsibility to read and understand them. Members confirm their acceptance of, and commitment to be bound by these Terms and Conditions by their ongoing participation in the Program.

1.2 These Terms and Conditions may be amended by Paramount Liquor from time to time. The current Terms and Conditions are those published at Paramountliquor.com.au  Any material changes that may be made from time to time will be notified to Members in accordance with clause 3.2.

2. Definitions

2.1 In these Terms and Conditions unless the context otherwise requires:

'Accrual Date' means in relation to Evolution Rewards Points earned under the Program for a product or service provided by Paramount Liquor; the date that Paramount Liquor provided those products or services to the Member; or in relation to Evolution Rewards Points earned under the Program for a product or service provided by a Partner other than Paramount Liquor, the date that the relevant partner advises Paramount Liquor of your Paramount Liquor Evolution Rewards Points accrual;

'Active Member' at a point in time, means a Member who has earned or redeemed Evolution Rewards Points or Status Credits on their Membership Account within the previous 6 month period from that point in time;

'Activity Statement' means a record of the Paramount Liquor Points transactions on a Member’s Membership Account. See clause 10;

'Base Rate' means the number of Evolution Rewards Points earned by a Member on an Eligible Purchase at the applicable 'Base Rate' specified, not including any bonus;

'Benefits' means any of the facilities, discounts, services, or arrangements offered or available to a Member because of membership in Evolution Rewards including earning and redeeming Points and Rewards;

'Card' means the Paramount Evolution Rewards Membership card that Paramount Liquor may issue to the Member;

‘Evolution Rewards Shopping’ means the service and platform (referred to as Evolution Rewards) through which Members may purchase retail goods or services through third party retail partners or by tracking an online purchase with a third party retail partner through the Evolution Rewards website, in accordance with these Terms and Conditions and the Evolution Rewards Shopping Terms;

‘Evolution Rewards Shopping Retail Partner’ means a third party retail partner listed on the Evolution Rewards Shopping website from time to time.

‘Evolution Rewards Shopping Terms’ means the terms and conditions applicable to Evolution Rewards Shopping as set out at the Paramount Liquor Shopping website (which may be accessed via Paramountliquor.com), as varied from time to time;

'Marketing Partner’ means the partners whose partner name is recorded on the offer;

'Member' means a person who is a member of Paramount Liquor Evolution Rewards;

'Membership' means membership of Paramount Liquor Evolution Rewards Points;

'Membership Account' means the record of a Member's Membership, which is available to the Member online at paramountliquor.com.au;

'Membership Term commences on the date of the first online order placed following the commencement of the Program and concludes on the last day of the 6 month window, for example 06 April 2021 to 05 October 2021.

‘Paramountliquor.com.au’ means the internet site which may be found at paramountliquor.com.au;

‘Partner’ means a partner with which a Paramount Liquor Group Company has entered into an agreement to provide for Members to earn Rewards Points when purchasing or to redeem Evolution Rewards Points for purchases on certain of that Partner's products, or both;

‘Purchase’ means a purchase via the website with a single order reference number.

'Rewards Points', ‘Brand Points’, or ‘Bonus Points’ means points awarded to Members in Paramount Liquor Evolution Rewards pursuant to these Terms and Conditions unless otherwise stated.

'Paramount Liquor' means Marlau Nominees Pty Ltd trading as Paramount Liquor ABN 18056365327;

'Relevant Member' means a Member whose Membership commenced for the first time on or after date month year (website launch date); and

'Retail Reward' means a good or service or voucher which may be obtained by a Member through the Rewards Store in accordance with these Terms and Conditions and the Rewards Store Terms;

'Reward' means any Paramount Liquor or Partner product or service which has been nominated by Paramount Liquor as eligible to be obtained by a Member redeeming Paramount Liquor Evolution Rewards Points through Paramount Evolution, including a Retail Reward or a Reward Purchase;

'Rewards Store' means the service (referred to as the Rewards Store or Evolution Rewards Store through which Members may obtain retail goods, services or vouchers by redeeming Paramount Liquor Evolution Rewards, or by redeeming Paramount Liquor Evolution Rewards Points including all identified surcharges, charges, fees, GST and taxes, in accordance with these Terms and Conditions and the Rewards Store Terms;

'Rewards Store Terms' means the terms and conditions applicable to Retail Rewards and the redemption of Paramount Liquor Evolution Rewards Points to obtain retail rewards as set out at the Rewards Store website (which may be accessed via paramountliquor.com.au), as varied from time to time;

'Service Centre' means a centre operated by or on behalf of a Paramount Liquor Group Company where membership information is processed and/or Paramount Liquor Evolution Rewards is administered;

‘Service Hold / Suspension’ means that invoices due and payable by the Member remain unpaid and the Member’s account has been put on hold until full payment is received / a payment plan has been agreed to with Paramount Liquor;

‘Statement Date’ for a Paramount Liquor Evolution Rewards Points earning event, means the date on which the Rewards Points are credited to a Member’s Membership Account (as shown on the Member’s Activity Statement).  The Statement Date may be the same as the Accrual Date but is generally after that date;

'Status Bonus' means Paramount Liquor Evolution Rewards Points awarded to Members with a particular Membership tier, in addition to the applicable Base Rate, for purchase on certain Eligible Purchases as detailed in the Status Bonus earn rates tables on Paramountliquor.com.au;

'Status Credits' are credits which are awarded to Members in accordance with clauses 9 & 13 of these Terms and Conditions. Status Credits entitle Members to attain a higher Membership tier or retain a current Membership tier;

'Terms and Conditions' means these Paramount Liquor Evolution Rewards terms and conditions, and includes the Partners Earning Tables and Fee Schedules;

3. Changes to Paramount Evolution Rewards

3.1 Subject to clause 3.2, Paramount Liquor Evolution Rewards reserves the right to make any changes (whether material or otherwise) to the Paramount Liquor Evolution Rewards program, the Terms and Conditions, the Rewards or Benefits offered and the Fee Schedule, including changes to:

(a) the ways in which Paramount Liquor Evolution Rewards Points are earned and redeemed;
(b) Paramount Liquor Evolution Rewards Points earning and redeeming rates and Eligible Purchases;
(c) Reward Purchase blackouts;
(d) limitations on the number of Rewards redeemable on particular purchases;
(e) Rewards or Benefits, including the continued availability of Rewards or Benefits;
(f) Reward restrictions or conditions;
(g) Status Credit restrictions and conditions;
(h) Membership tier requirements and benefits;
(i) sales procedures;
(j) service charges and other fees; and
(k) the expiry of accrued Evolution Rewards Points;

3.2 Paramount Liquor will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit Benefits, to give reasonable notice (such as 30 days) and where the Benefit is provided by a third party, to give reasonable notice considering the notice the third party has provided to Paramount Liquor.

3.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if Paramount Liquor notifies Members of the change by:

(a) providing notice at the email address provided to Paramount Liquor by the Member or, if no valid email address is held by Paramount Liquor, by posting details of the changes on paramountliquor.com.au;
(b) for Members living outside Australia or New Zealand, posting details of the changes on paramountliquor.com.au

3.4 Except as otherwise stated in applicable Rewards Store Terms, if a Reward ceases to be available after it has been redeemed by a Member, Paramount Liquor will (at the Member's option) either refund the Evolution Rewards Points redeemed by the Member to obtain the Reward or provide an alternative Reward of equal value.

4. Termination or suspension of Paramount Evolution

4.1 Paramount Liquor gives no warranty as to the continuing availability of Paramount Liquor Evolution Rewards. Paramount Liquor may terminate or suspend Paramount Liquor Evolution Rewards at any time and for any reason. Paramount Liquor will give at least three months’ notice to Members of such termination or suspension, except if Paramount Liquor ceases to operate in which case Evolution Rewards will cease immediately.

4.2 If Paramount Liquor terminates or suspends Paramount Liquor Evolution Rewards, Members will be able to redeem Evolution Rewards Points during the notice period in accordance with these Terms and Conditions, except where Paramount Liquor is ceasing to operate and/or has gone into liquidation or other form of administration, in which case Paramount Liquor may terminate or cancel any Rewards or Benefits immediately without notice.

 

5. Membership

5.1 Membership of Paramount Liquor Evolution Rewards is open only to the business entity who is a Paramount Liquor customer. Membership is not open to families, government departments, agencies, animals or inanimate objects.

5.2 Membership is automatically entered into when becoming a Paramount Liquor customer. Membership is offered at the discretion of Paramount Liquor.

5.3 Each Member must advise Paramount Liquor of any change of name, address, or other details as soon as practicable after the change. Changes to the mailing address or other details may be made on paramountliquor.com.au or by contacting the Customer Experience team. Paramount Liquor and Evolution Rewards are not responsible for any failure by a Member to notify Paramount Liquor of any changes in accordance with this clause, or for any incorrect changes notified to Paramount Liquor or Evolution Rewards Loyalty.

5.4 Members may, at any time, cancel their Membership by providing written notice to Paramount Liquor.

Note: Upon receipt of a written notice under this clause, Paramount Liquor will cancel the relevant Membership and all accumulated Evolution Rewards Points in that Member’s account will immediately expire. Accordingly, Paramount Liquor Loyalty recommends that Members carefully plan all cancellations to avoid unintentional loss of accumulated Evolution Rewards Points.

 

6. Use of the Card, Membership number and Benefits

6.1 Paramount may decide to issue Members a Membership Card to record their membership of the Program. If so, the Card is and will remain the property of Paramount Liquor and must be returned on demand. It is not a payment card.

6.2 By using the Card or Membership number, or claiming any Benefit, the Member agrees to be bound by the Terms and Conditions and provides the consents specified in clause 15 relating to personal information. Paramount Liquor Evolution Rewards Points may only be earned and/or redeemed in accordance with these Terms and Conditions as amended from time to time.

6.3 The Card and Membership number are valid for use only by the Member and are not transferable in any circumstances. If there is a validity period on a Card, the Card may be used only during that validity period.

6.4 In the event of loss, theft or unauthorised use of a Card or unauthorised use of a Membership number, it is the Member's responsibility to advise Paramount Liquor Evolution Rewards as soon as possible. The Member is liable for all use of the Card or Membership number until Evolution Rewards is notified of the loss, theft or unauthorised use.

6.5 A Replacement Card Fee of $10 (+GST) or 1,000 Evolution Rewards Points will be charged when a replacement Card is issued. A request for waiving the Replacement Card Fee can be made if exceptional circumstances exist whereby the requirement for the replacement Card is due to no fault of the Member and the Member makes that request, providing full details to Paramount Liquor.

7. Member obligations and responsibilities

7.1 Members must not:

(a) act in any way which breaches these Terms and Conditions; or
(b) abuse or misuse Paramount Liquor Evolution Rewards, any Rewards, Benefits, facilities, services or arrangements accorded to the Member as a result of Membership including by:

I. engaging in illegal or fraudulent activities;
II. supplying or attempting to supply false or misleading information, or making a misrepresentation to Paramount Liquor;
III. selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Reward, Benefit or Paramount Liquor Evolution Rewards Points other than in accordance with these Terms and Conditions;
IV. acting in a hostile, abusive or aggressive way towards any Paramount Liquor staff.

7.2 Each Member is responsible for ensuring that they have sufficient Paramount Liquor Evolution Rewards Points to redeem for any Reward that they request.

7.3 Each Member is responsible for regularly checking their Membership Account and must:

(a) notify Paramount Liquor Evolution Rewards of any omissions, incorrect entries or other discrepancies within twelve months of the applicable purchase;
(b) notify Paramount Liquor Evolution Rewards or the applicable partner (as specified by Paramount Liquor Evolution Rewards) of any omissions, incorrect entries or other discrepancies within six months of any other transaction (or such other period specified by the partner). 

 

8. Suspension or termination of Membership

8.1 If a Member has committed a material breach of any of these Terms and Conditions or has failed to pay any money due under Paramount Liquor Evolution Rewards, or Paramount Liquor by the due date, whether intentionally or otherwise, then Paramount Liquor Evolution Rewards may do any one or more of the following:

(a) suspend or terminate the Member's Membership and/or the right of the Member to use the Card;
(b) reverse or cancel the Member's Paramount Liquor Evolution Rewards Points or any part thereof; or
(c) cancel or refuse to honour any Rewards, Benefits or both, that have been redeemed by or provided to the Member.

8.2 If Paramount Liquor Evolution Rewards intends to take action under clause 8.1, it will notify the Member of its intention and the reason for that action. The Member will then have 14 days to respond to the notice by rectifying the breach (where possible) and providing any reason why Paramount Liquor should not take action (provided that Paramount Liquor Evolution Rewards may suspend the Member's account and cancel any Rewards until any review is completed). Paramount Liquor Evolution Rewards will review the response and advise the Member of its decision.

8.3 Membership will terminate automatically on the closure of the business or account. All Paramount Liquor Evolution Rewards Points earned but not yet redeemed or transferred prior to the closure will be cancelled with effect from the date of closure. Paramount Liquor Evolution Rewards will close the Member's account on notification of the Member's closure. Paramount Liquor Evolution Rewards will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

 

9. Earning Evolution Rewards Points

9.1 General

9.1.1 To earn Paramount Liquor Evolution Rewards Points, Members must order via the portal at paramountliquor.com.au.

9.1.2 A Member may earn Paramount Liquor Evolution Rewards Points only in relation to:

(a) eligible Purchases taken after the Member's joining date;
(b) eligible transactions (acquisition of goods or other activities or transactions) entered into after the Member's joining date; and

Except as provided elsewhere in these Terms and Conditions, or as otherwise specified by Paramount Liquor Evolution Rewards, Rewards Points may be credited only to the account of the Member who has acquired the eligible goods or services, entered into an eligible transaction or taken an Eligible Purchase.

9.1.3 Paramount Liquor Evolution Rewards Points will not be awarded in relation to any products or services that are cancelled, refunded or returned. Paramount Liquor Evolution Rewards may cancel or deduct any Paramount Liquor Evolution Rewards Points that have been awarded in relation to cancelled, refunded or returned products or services.

9.2 Evolution Rewards Points validity

9.2.1 Except as otherwise provided in these Terms and Conditions, Paramount Liquor Evolution Rewards Points will expire at the 24 month anniversary on an account with no activity.

9.2.2 All Paramount Liquor Evolution Rewards Points held in a Membership Account will expire at midnight Melbourne, Australia time at the end of the 24th consecutive month with no activity.

9.2.3 In the 30 days prior to the Paramount Liquor Evolution Rewards Points expiration date, Paramount Liquor Evolution Rewards will notify Members of the number of Evolution Rewards Points that are about to expire, and the expiration date as follows: 

(a) online Activity Statements display a warning to the Member; and
(b) Members who have opted to receive communications online and via email, will receive a notification within their monthly electronic newsletter.

9.2.4 Paramount Liquor Evolution Rewards Points cannot be re-credited once they have expired or been cancelled.

9.2.5 Paramount Liquor Evolution Rewards reserves the right to reverse or cancel any Paramount Liquor Evolution Rewards Points credited to a Member incorrectly, or not in accordance with, or in breach of, the Terms and Conditions at any time.

9.3 Evolution Rewards Points are not earned on all purchases

9.3.1 Paramount Liquor Evolution Rewards Points are not earned for:

(a) purchases made via the Customer Experience team or Customer Solutions Managers;
(b) free or sample products;
(c) charge throughs.

9.4 Status Bonus

9.4.1 A Status Bonus will be applied at the applicable rate specified on paramountliquor.com.au for Silver, Gold and Platinum Members, only for those Eligible Purchases to which a Status Bonus is expressed to apply. For this purpose, the Member's tier is determined at the time the Eligible Purchase was made.

9.4.2 Applicable bonuses are added to the applicable Base Rate for the purchase undertaken.

10. Activity Statements

Members may access their Membership Account information and view their Activity Statements without charge at paramountliquor.com.au

11. Transfers

Paramount Liquor Evolution Rewards Points are non-transferrable

 

12. Redeeming Paramount Liquor Evolution Rewards Points for Rewards

12.1 Reward availability is limited.

12.2 In addition to the Paramount Liquor Evolution Rewards Points required for a Reward, Members must pay any other amounts quoted at the time of booking (including applicable taxes, fees and charges)

12.3 Rewards may be subject to income or other tax assessment. Members are advised to check with their accountant or tax adviser for further information.

12.4 The Terms and Conditions applicable to a Reward redemption will be those in force at the time the Paramount Liquor Evolution Rewards Points are redeemed for that Reward.

12.5 The number of Paramount Liquor Evolution Rewards Points that must be redeemed in relation to a particular Reward are determined by Paramount Liquor Evolution Loyalty Rewards. Paramount Liquor and Paramount Liquor Evolution Rewards do not give any warranty or make any representation in relation to the underlying value of any Rewards.

12.6 Members must have in their account at least the number of Paramount Liquor Evolution Rewards Points required to redeem the chosen Reward at the time the redemption is processed.

12.7 Any credit or refund made to a Member under these Terms and Conditions will be made in Paramount Liquor Evolution Rewards Points to the extent that the Member redeemed Paramount Liquor Evolution Rewards Points to obtain the Reward; and

12.8 Paramount Liquor Evolution Rewards Points cannot be converted to or exchanged for money.

12.9 Paramount Liquor Evolution Rewards may make (or may arrange for third parties to make) other Rewards available for redemption through paramountliquor.com.au for a specified period. Details and any additional terms and conditions applicable to those other Rewards will be provided by the applicable Reward supplier and/or at or through paramountliquor.com.au

 

13. Membership tiers, Status Credits and Benefits

13.1 Membership tiers

13.1.1 There are four Membership tiers in Evolution Rewards. The entry tier is Bronze. Members may progress to the higher tiers - Silver, Gold and Platinum by earning Status Credits.

13.1.2 Status Credits are earned for purchases as determined by Paramount Liquor Evolution Rewards from time to time and will be clearly outlined at the time of purchase.

13.1.3 Status Credits are not earned for purchase on:

(a) purchases made via the Customer Experience team or Customer Solutions Managers;
(b) free or sample products;
(c) charge throughs.

13.1.4 The number of Status Credits required to attain and retain Silver, Gold and Platinum tiers are outlined at paramountliquor.com.au

13.1.5 The purchases and number of Status Credits required in each 6 month membership window to attain or retain Silver, Gold and Platinum tiers must meet the tiers outlined at paramountliquor.com.au.

13.1.6 Membership tiers are reviewed at each 6 month anniversary. On this date, your status credits will be reset to 0 however your status and membership tier will be assessed and the benefits will remain in place for an additional 6 months.  For example, if a Member has a Membership term ending 05 October 2021 and that Member qualifies for a higher Membership tier in June 2021, that Member will remain entitled to the applicable higher tier benefits until 05 April 2022.

13.1.7 It is the responsibility of the Member to check whether a proposed purchase is eligible to earn Status Credits and if so, how many Status Credits will be earned.

13.2 Additional benefits

13.2.1 Paramount Liquor Evolution Rewards may offer additional benefits from time to time based on Membership tier. Details of any such benefits or selection and any additional terms and conditions applicable are provided at paramountliquor.com.au

 

14. Reward Redemption

14.1 It is the Member's responsibility to read and accept the individual rewards Terms before redeeming Evolution Rewards Points for Rewards. Rewards can only be obtained in accordance with those Rewards Terms and these Terms and Conditions, and they may vary from Reward to Reward.

14.2 The terms contained in this clause 14 apply (in addition to the Rewards Store Terms) to Rewards and the redemption of Paramount Liquor Evolution Rewards Points to obtain Rewards.

14.3 If a provision in these Terms and Conditions is inconsistent with any provision in the Rewards Store Terms, the provision in these Terms and Conditions will prevail to the extent of the inconsistency.

14.4 Members acknowledge that:

(a) the Paramount Liquor Evolution Rewards Points that must be redeemed to obtain a Retail Reward may be viewed at the paramountliquor.com.au and may be varied prior to redemption of the Retail Reward without advance notice to Members;
(b) all reasonable efforts will be made to ensure that information in relation to Rewards is correct, but except as required by certain statutory warranties under consumer protection laws, Paramount Liquor accepts no liability for the lack of completeness or correctness of such information;
(c) Rewards may be of limited stock;
(d) Rewards may be offered for a limited time;
(e) Rewards are subject to terms and conditions of their suppliers; and
(f) availability of some Rewards may be subject to capacity controls by their suppliers.

14.5 Members redeem Paramount Liquor Evolution Rewards Points in order to obtain Rewards at their own discretion. Paramount Liquor and Paramount Liquor Evolution Rewards do not give any warranty or make any representation in relation to the underlying value of any Retail Rewards (other than the face value of vouchers denominated in dollars).

14.6 Paramount Liquor Evolution Rewards may at any time and without prior notice to Members withdraw, limit, modify, cancel, increase or decrease:

(a) any particular Reward;
(b) the advertised terms of offer for a Reward; or
(c) the quantity of a Reward available for redemption.

15. Personal information

15.1 Each Member acknowledges that Paramount Liquor collects, uses and discloses information about the Member, in order for Paramount Liquor to provide the Member with the Benefits and administer Paramount Liquor Evolution Rewards and to undertake the activities further set out in this clause. The information about such use in this clause 15 should be read alongside the Privacy Policy available on the Paramount Liquor website, which contains more detailed information about how a Member’s personal information is processed.

15.2 If the Member does not provide all or any part of the requested information, the services provided to that Member by Paramount Liquor, and the Benefits that the Member receives, may be affected.

15.3 Paramount Liquor collects personal information about each Member (including products and services available to Paramount Liquor Evolution Rewards members):

(a) to enable Paramount Liquor to market products and services to the Member, including the products and services of Paramount Liquor partners and other third parties who Paramount Liquor believes may have products and services in which the Member would be interested. This is one of the primary purposes of Paramount Liquor Evolution Rewards;
(b) to facilitate the Member’s participation in Paramount Liquor Evolution Rewards and other organisations’ loyalty programs, including:

I. by assessing the Member’s membership application,
II. awarding the Member with Paramount Liquor Evolution Rewards Points,
III. confirming the Member’s eligibility for, and providing any products and services associated with, Paramount Liquor Evolution Rewards, and
IV. enhancing and tailoring the Member’s use of Paramount Liquor Evolution Rewards;

(c) for Paramount Liquor and third parties to generate consumer insights about the Member in order to better understand the Member’s preferences and interests, tailor the Member’s experience, enhance the products and services supplied to the Member and to tell the Member about the products and services of Paramount Liquor and its purchase partners and program partners. In order to do this, Paramount Liquor may collect and combine personal information about the Member from third parties or public sources (e.g. ABS census data);
(d) to identify suspicious transactions and to detect and prevent fraud;
(e) to improve the Paramount Liquor and Paramount Liquor Evolution Rewards website and services, including by means of product development and market and behavioural research; and
(f) for operational management of Paramount Liquor Evolution Rewards.

15.4 Paramount Liquor may collect the Member’s personal information from the Member directly, including during a Member's interaction with Paramount Liquor group websites, services or applications or when the Member is logged into their Paramount Liquor or Paramount Liquor Evolution Rewards account. Paramount Liquor may also collect the Member’s personal information from third parties, Paramount Liquor’ related entities, partners, third parties providing services for Paramount Liquor and Paramount Liquor’ program partners (such as when the Member registers through one of Paramount Liquor’ program partners or transacts with them).

15.5 For the reasons described above, Paramount Liquor may disclose a Member’s personal information to:

(a) any third party providing services for Paramount Liquor Evolution Rewards, including assisting Paramount Liquor in determining a Member’s eligibility for, and providing, Paramount Liquor Evolution Rewards products and services (including products and services available to members), administering the program, operating Paramount Liquor’ customer experience centres, providing market research and marketing services, and assisting with the prevention and detection of fraud;
(b) other third parties, such as law enforcement agencies and courts, in order to comply with its legal obligations or in connection with a legal claim or in response to a validly served and executed court order or subpoena.

15.6 These parties may be located in a country other than the country in which a Member is based, and any country which the Member purchases to or through in connection with its Membership.

15.7 Marketing consent: By becoming a Member, the Member provides their express consent to Paramount Liquor:

(a) sending the Member marketing communications including via direct mail, telephone, email, SMS, in-app notifications and advertising or other digital means, including:

I. news and offers for Paramount Liquor Evolution Rewards Members;
II. offers, news and updates from Paramount Liquor purchase partners and program partners;
II. purchase specials, news and updates;
III. entertainment offers and competitions;
IV. associating and combining data collected from third parties with the Member’s personal information and using and disclosing that combined information to create aggregated segments for the purposes of customer analytics and marketing and to tailor the Member’s experience and content, including third party content and otherwise in accordance with these Terms and Conditions.

15.8 The Member can opt out of receiving all or any of communications listed above:

(a) for email and digital advertising by selecting the “Unsubscribe” or “Unfollow” options, as applicable;
(b) for in-app notifications via app preferences; and
(c) for SMS messages, by opting out directly from an SMS.

Opting out of these communications will impact Paramount Liquor’ ability to provide the Member with all the Benefits that would otherwise be available to the Member as part of Membership.

15.9 Further information on how Paramount Liquor handles personal information, and to the extent permitted or required by law, access and correct personal information can be requested by the customer experience team via email at cheers@paramountliquor.com.au or by writing to Paramount Liquor Customer Experience at 54 Hunter Road, Derrimut VIC 3030. Only the Member named on the account will be entitled to access their Membership information.

15.10 This clause 15 survives the termination of these Terms and Conditions and the termination or suspension of Paramount Evolution.

 

16. Liability

16.1 Paramount Liquor Evolution Rewards acknowledges that the Competition and Consumer Act 2010 (Cth) implies terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded, including that certain services come with statutory guarantees that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 16.2 is not intended to exclude or restrict the application of such laws.

16.2 Subject to clause 16.1, and to the extent permitted by law, the Paramount Liquor Group and any of their officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions or Paramount Liquor Evolution Rewards, including, without limitation, any changes to the Terms and Conditions or Paramount Liquor Evolution Rewards, save to the extent that such loss or claim arises from the negligence or wilful misconduct of a Paramount Liquor Group Company, or any of their officers, employees or agents.

 

17. General

17.1 Interpretation: In these Terms and Conditions, unless the contrary intention appears:

(a) the singular includes the plural and vice versa;
(b) dollars or '$' means Australian dollars;
(c) unless otherwise stated, all dollar amounts include any applicable GST;
(d) dates or times are Universal Time Code (or GMT) dates or times;
(e) a reference to 'include' or 'including' means 'including but not limited to'.

17.2 Governing Law: The Terms and Conditions and membership in Paramount Liquor Evolution Rewards are governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for Membership has been completed by the Member or submitted to Paramount Liquor or Paramount Liquor Evolution Rewards. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of Victoria.

17.3 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Competition and Consumer Act (2010) and under State and Territory consumer protection legislation.

17.4 If part or all of any clause of these Terms and Conditions is 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 these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

17.5 Paramount Liquor recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to Membership and Benefits.