Conditions of participation - Australia, New Zealand
Conditions of participation - Australia, New Zealand
General terms and conditions for participation in the SATA Loyalty Program coins & more
for companies headquartered in Australia and New Zealand for which the program is active.
Valid from 1 September 2017
The SATA Loyalty Program coins & more is a customer retention program. The operator and issuer of the SATA Loyalty Program coins & more is SATA GmbH & Co. KG, Domertalstraße 20, 70806 Kornwestheim, Germany („SATA“). The program is targeted at companies and persons who purchase the eligible products for their own use or consumption and who receive the QR Codes („bonus products“) in connection with the original packaging of the product. Each product which accrues QR codes contains corresponding notices on and inside the packaging. With the SATA Loyalty Program coins & more, the buyer can collect points contained in the product packaging as so-called "SATA coins" by scanning, and exchange these for rewards. The coins are provided by SATA voluntarily and without any additional costs or legal claims in the form of QR code stickers and/or imprints on the product packaging. It is only possible to collect the SATA coins by scanning the QR code. Participation in the SATA Loyalty Program coins & more is free of charge.
In order to acquire and redeem SATA coins and for the general performance of the SATA Loyalty Program coins & more, the following general terms and conditions of participation in their respective version apply. Other temporary campaigns and their terms and conditions are notified separately in the SATA Loyalty Program coins & more communications media (for example SATA Loyalty App, rewards catalogue, newsletter and account statement, online communication, in-App communication).
1.1 Persons entitled to participate
The program is aimed at buyers of the premium products and are eligible for rewards, ie companies which purchase the products for their own use and consumption. They can collect premium points („SATA colins“) by scanning the bonus products. Only companies whose place of business is located within Australia and New Zealand for which the program is active, are eligible to participate. These general terms and conditions of participation apply to such companies in these countries. Should a company have issued its employees with the authority to scan and collect the SATA coins, such employees are also entitled to participate in the SATA Loyalty Program coins & more, provided that they are aged over 18. The rewards will only be sent to the business address stated in the participant profile.
Should a company not wish to participate and/or should it not wish for its employees to participate, it can forego registration and carry out a general de-registration via SATA, by means of which participants who stated in the loyalty app that they are authorised by the company to participate will be excluded from participation. The de-registration is possible via a corresponding page of the SATA website – https://www.sata.com/en-dat/service/coins-and-more/company-exclusion – This is stated on the packaging of the products which are eligible for rewards.
SATA, SATA sales partners, dealers of SATA products to re-sellers, workshops or end consumers and their employees are excluded from participation.
No legal claim to participation in the SATA Loyalty Program coins & more exists. The judges’ decision is final.
1.2 Start of participation
Participation starts with registration in the SATA loyalty App. Both the download and the installation and use of this App are free-of-charge for the participants. For the purpose of registration, the participants must provide all contact data in a precise and truthful manner.
Each participant may only open and manage one account. Re-registration on the part of a participant who is already registered is not permitted. SATA reserves the right to de-activate the most recent account set up or all accounts which have been set up for the same person, should this become apparent.
By means of his or her agreement to these general terms and conditions of participation and the corresponding statement which is necessary within the course of each QR code scan that he or she is entitled to scan the QR codes of the products and to collect the SATA coins concerned either as a purchaser or an employee authorised by the purchaser. Breaches will lead to the immediate forfeiting of the SATA coins concerned and will lead to exclusion of the participant concerned from the SATA Loyalty Program coins & more. In individual cases, SATA reserves the right to request proof of entitlement to scan and collect SATA coinsfrom participants.
1.3 Participant accounts
The registration in the SATA loyalty App must be filled in in full in order to activate the SATA coin scan function. Accounts with missing or incomplete data cannot be used to collect SATA coins and will be deleted by SATA three months after the date of the most recent entry or change to the registration information.
All information must be provided correctly and in a truthful manner and must be proven to SATA on request. Should this not be carried out following a first request, the entitlement to participate will be forfeited in accordance with Number 1.2 of these general terms and conditions of participation. The participant shall be obliged to immediately notify SATA of changes to the provided data by managing this in the SATA loyalty App.
Each participant will set up a valid personal access password for the SATA Loyalty App during the registration process. The participant must ensure that abuse is prevented and that no unauthorised third persons become aware of the password. Should the participant suspect that the password has been misused, it must be changed immediately and reported to SATA via the following email address: firstname.lastname@example.org SATA shall only incur liability for losses caused due to failure to change the password or due to the password being changed late or notification until the time of the password change or receipt of the notification within the framework of Number 4.1 of these general terms and conditions of participation.
2 SATA coins
The basis on which the SATA Loyalty Program coins & more is calculated is bonus points, so-called „SATA coins“ which are added to the coins account of the participant. The SATA coins can only be used for the purposes which apply at the time of the reward redemption and which are expressly listed in these general terms and conditions of participation, additional program documents or the SATA Loyalty Program coins & more communications media. SATA reserves the right to alter the necessary number of SATA coins in order to acquire a reward without prior notification.
2.2 Assignability of and trading with SATA coins
The assigning of SATA coins to third parties and other participants of the SATA Loyalty Program coins & more is excluded. The sale, exchange, offering for auction or other passing on of SATA coins to third parties is prohibited. In addition, the brokering of the purchase of sale of SATA coins and the purchasing of SATA coins of participants or third parties, as well as the unauthorised use of SATA coins is prohibited. The consolidation of the balance of various participant accounts is excluded.
2.3 Account balance
The current status of the account balance is shown in the SATA Loyalty App and can be retrieved as long as there is an existing data connection.
In addition, a participant who actively uses the SATA Loyalty Program coins & more receives regular information concerning the current account balance, provided that the participant has expressly registered for the "SATA Loyalty Program coins & more online communication".
2.4 Acquisition of SATA coins
2.4.1 General regulations concerning the acquisition of SATA coins
It is possible to purchase SATA coins from the time participation starts. The SATA coins are provided by SATA exclusively in the form of QR codes inside designated product packaging and can them following the opening of the packaging, be read with the QR code scanner which is integrated in the SATA Loyalty App for mobile end devices. By means of this, the SATA coins are credited to the registered participant. SATA coins can only be acquired once per article. Within the course of each individual QR code scan, a statement by the participant must be provided that he or she is also entitled to scan and collect the SATA coins, either as a purchaser or as an authorised employee of the purchaser. Otherwise, the provisions of Number 1.2 of these general terms and conditions of participation apply in this respect. SATA coins can only be obtained in this way.
In certain cases, SATA coins may be invalid (ie scanned SATA coins are not credited to the coins account of the participant), such as in the following cases: The QR code is located on a product which was manufactured prior to the start of the SATA Loyalty Program coins & more, in case of promotional goods at a reduced price or in case of products which are sold after the end of the SATA Loyalty Program coins & more.
The maximum number of SATA coins which a participant can collect in his or her coin account corresponds to the number of SATA coins which is necessary to redeem the reward with the highest coin value, however a maximum of 25,000 SATA coins. It is not possible to acquire additional SATA coins beyond this limit.
Before new SATA coins can be obtained, existing SATA coins must be redeemed in accordance with Number 2.5 of these general terms and conditions of participation.
The purchaser who is entitled to use the SATA coin has the option of reporting unauthorised scanned QR codes of his products for up to three months following the crediting to the coin account of the unauthorised participant, stating the SAL or batch number and proof of invoice to SATA via the email address email@example.com, provided that the SATA coins have not yet been redeemed. SATA will then transfer the Qr codes to the person who is actually entitled to them and will exclude from the SATA Loyalty Program coins & more with immediate effect the person who has scanned the QR codes in an unauthorised manner.
SATA reserves the right to deactivate QR codes in certain cases (for example certain promotional goods). A SATA coins crediting for certain goods or deliveries independent of the scanning of the QR code contained in the packaging is excluded.
SATA reserves the right to set so-called "booster factors" for the recording of SATA coins during certain limited periods of time or to set certain rewards of parts thereof or to lift these again. Booster factors will be multiplied by the usual SATA coin value of the SATA coin and increase the SATA coins to be credited in the corresponding period of time. The booster factors can be limited to a certain number of scanned SATA coins. The number of the SATA coins to be credited is determined in accordance with the rules for the SATA Loyalty Program coins & more which apply at the time of using the service. The groups of goods which are capable of obtaining a credit, as well as the number of granted SATA coins are each published in the SATA Loyalty App. SATA reserves the right to alter the rules of the SATA Loyalty Program coins & more at any time.
In case of revocation of the purchase of the product for which SATA coins were credited (for example by means of cancellation of the contract, withdrawal, rescission, exchange etc), as well as in case of incorrect bookings and misuse, SATA reserves the right to cancel the SATA coins crediting concerned.
The objection concerning the correctness of the points balance must be submitted to SATA within one month of the disputed change via the email address firstname.lastname@example.org The corresponding till receipt or invoices, as well as a photo of the QR code must be attached to the objection. Failure to raise an objection on time is deemed to represent approval of the points balance.
2.4.2. Exclusion of the SATA coin credit
SATA coin credit is usually excluded for certain special tariffs, free positions, free-of-charge deliveries and other non-remunerable acquisition. The SATA coin credit is also excluded for illegally acquired SATA coins.
2.5 Redemption of the SATA coins
2.5.1 General regulations concerning the redemption of SATA coins
Each participant can redeem his or her SATA coins for the rewards offered for the SATA Loyalty Program coins & more by SATA, provided that his or her coins account shows a credit which corresponds to at least one reward value.
The requirement for such is the availability of the rewards in accordance with Number 2.4.3 and an account balance with at least the necessary number of SATA coins for the respective reward. The necessary SATA coins for individual rewards are each notified in the App in an updated manner.
Only material rewards or corresponding credits are granted. Setting off or cash payments are excluded.
2.5.2 Redemption of rewards
The redemption of the rewards takes place via the SATA Loyalty App. Should the SATA coins contained in the product not give rise to a direct entitlement to acquire a reward or part of a reward, the participant can choose a reward, provided that he or she has acquired the required number of SATA coins for the respective reward. The sending of the reward takes place exclusively to the company address stated in the SATA Loyalty App. The sending of rewards to the private addresses of the employees of a customer who are entitled to participate is excluded. SATA is not responsible for any detrimental consequences of failure to change addresses or an incorrect change of address.
Any rewards that have already been redeemed cannot be converted back into SATA coins or exchanged into different rewards.
The rewards cannot be returned or exchanged, except in case of claims connected to defects and in cases mandated by law. All performance, dimensional, weight, size and colour statements/images of the rewards should only be considered to be of an approximate nature unless stated otherwise. These merely serve the purpose of description and do not represent
any guaranteed properties or qualities. Deviations which are customary in the trade and deviations which take place due to legal regulations are permitted, provided that these do not impair the usability of the rewards.
2.5.3 Availability and special conditions for rewards
For the duration of the validity of the SATA Loyalty Program coins & more, SATA is obliged, in relation to the participant, to deliver the selected reward in return for redemption of the SATA coins collected in accordance with the currently applicable general terms and conditions of participation.
The price for the acquisition of the products which is covered by the reward does not depend on the registration for the SATA Loyalty Program coins & more and the SATA coins connected to the product. By means of the introduction of the SATA Loyalty Program coins & more, the price of the product covered by the reward does not change (exception: changes to packaging size or annual price change).
The availability of the rewards can vary according to date, season and target location. Individual rewards may not be available at certain times.
SATA reserves the right to deliver a comparable replacement reward, however this may not necessarily be of an equivalent nature.
In particular, a participant will be acting in an abusive manner as defined in these general terms and conditions of participation if he or she infringes the regulations in Number 2.4.1 (acquisition of SATA coins) or Number 2.2 (assignability of SATA coins and trading in SATA coins) or commits acts in another way which leads to the unauthorised obtaining of benefits in connection with the SATA Loyalty Program coins & more. In particular, this also includes the misuse or manipulation of the SATA Loyalty App and its functions.
2.5.5 Consequence of misuse
In case of misuse for which the participant is responsible, SATA reserves the right to block SATA coins and rewards or to confiscate these or to refuse the issuing of a reward or the redemption.
The right of termination in accordance with Number 3, as well as the right to bring further claims against the participant, including damages claims, remains unaffected.
In case that rewards are obtained using SATA coins which have been obtained in an abusive manner for which the participant is responsible (see Numbers 2.4.1 and 2.2), SATA reserves the right to bring a damages claim instead of the SATA coins which are necessary to obtain the reward, should the points balance not suffice to obtain the reward when deducting the SATA coins which have been obtained in an abusive manner.
In all cases, it is up to the participant to demonstrate that no or a lesser damage has been created.
2.6 Forfeiture of SATA coins
Acquired SATA coins will be issued for rewards in the order of their recording.
Should SATA coins not be redeemed for a reward within 36 months of the time of their recording in the coins account of the SATA Loyalty App, these will be forfeited.
Should SATA coins not be scanned within three years of the manufacture of the product with a reward entitlement, these will be forfeited.
Account balances will be forfeited in full should no new SATA coins be registered in a period of six months.
Once the SATA Loyalty program coins & more has been generally terminated, all SATA coins will lose their value (see Number 3.5).
SATA is not obliged to inform the participant of the forfeiture of SATA coin credits.
3 Termination, blocking, exclusion from participation in the program
3.1 Regular termination
Participants can end participation in the SATA Loyalty Program coins & more at any time without compliance with a period of notice by means of notification to SATA via the following email address, email@example.com, stating the necessary data in this respect (name, company, email address from which the registration was made) or by de-registering in the Loyalty App in the account profile using the valid password.
SATA can declare regular termination to individual participants by giving notice of four weeks without the giving of reasons. In such a case, termination takes place by means of email to the email address stated in the SATA Loyalty App
3.2 Exclusion from participation
Companies can be generally excluded from participation in the SATA Loyalty Program coins & more by SATA in accordance with Number 1.1
By means of this, all participants who have stated in the SATA Loyalty App that they work for the company concerned will be excluded from participation. The de-registration is possible via a corresponding page of the SATA website – www.sata.com/loyalty-exclusion_en –. This is stated on the packaging of the products which are eligible for rewards. Participants who have already registered who have stated in the SATA Loyalty App that they work for the company concerned will be excluded from participation by SATA. In such a case, SATA can only guarantee the deletion of participant profiles with exact company names.
By means of a written request, SATA can carry out a new authorised registration of the company. For this purpose, the enquiring company must send an original invoice (not more than 1 month old) and any additional verification documents to firstname.lastname@example.org.
3.3 Extraordinary termination
SATA can declare extraordinary termination without notice for important reasons to individual participants at any time. An important reason is present in particular in case of a culpable and serious breach of these general terms and conditions of participation by a participant. The same applies in case of misuse or attempted misuse, as well as in case of serious provision of incorrect information, manipulation or use of unauthorised aids, as well as in case of misuse in accordance with Number 2.4.1 of these general terms and conditions of participation (acquisition of coins), as well as in case of serious provision of incorrect information, manipulation or damaging / nuisance causing behaviour in relation to SATA, its employees or vicarious agents.
3.4 Blocking and exclusion from participation in the program
In the cases stated in Number 3.2, SATA is entitled to block the participant's account. The right to block the account also exists in case of objective suspicion of the presence of an important reason during the period of time necessary for a reasonable investigation into the matter. The participant is not entitled to any claims in connection with a blocking allowed under the provisions above.
Once termination has been declared by SATA, it is not permitted to participate in the SATA Loyalty Program coins & more once again. These general terms and conditions of participation will continue to apply to the performance of the contractual relationship once an effective notice of termination has been issued.
3.5 Validity of the coins in case of termination
3.5.1 In case of regular termination
In case of an effective termination by the participant, all SATA coins in the account will cease to be valid six months after receipt of the notice of termination. In case of an effective termination by SATA, the SATA coins will cease to be valid six months after receipt of the notice of termination. SATA coin credits which cannot be used or SATA coin credits which have not been redeemed will be forfeited.
3.5.2 Extraordinary termination
In case of extraordinary termination by the participant or SATA, the participant's account will be closed immediately and all SATA coins will be forfeited.
3.6 Termination of the program
SATA can unilaterally declare the SATA Loyalty Program coins & more closed in full or declare the terms of the program terminated with a notice period of four months by means of an email to the registered participants. Following the expiry of this deadline, no further SATA coins can be recorded. After a further six weeks, all account balances which were not used for rewards in the meantime will be forfeited.
The following shall apply to losses which participants incur in connection with their participation in SATA:
In case of intent or gross negligence, as well as in case of the presence of a guarantee, the liability shall be unlimited. In case of simple negligence, liability shall also be unlimited in case of injury to life, body or health. In case of a simple negligent breach of essential contractual obligations, the liability shall be limited in case of connected property damage and financial losses to losses which are foreseeable and occur typically. An essential contractual obligation is an obligation which is necessary for the proper performance of the contract and on whose compliance the participant may regularly rely. Any further liability to pay damages shall be –excluded, except for claims under the –German Product Liability Act (Produkthaftungsgesetz).
4.2 Data protection
The personal data gathered in the course of participation in the SATA Loyalty Program coins & more will be used by SATA for the purpose of carrying out the program – and, should the participant have issued his or her prior consent to such –, for marketing purposes, in particular for the sending of advertising materials by email and telephone. Details on the implementation of the SATA Loyalty Program coins & more and the handling of participants’ personal data within the scope of the Program can be found at: www.sata.com/en-dat/privacy-policy on SATA’s website.
4.3 Changes to the program or terms and conditions of participation
SATA reserves the right to carry out changes or additions to the terms and conditions of participation, the rewards, the necessary number of points for each reward or other processes for the SATA Loyalty Program coins & more described in the program documents at any time, provided that the participant will not be impaired by such and provided that SATA is acting in good faith. Damages claims of participants against SATA due to country-specific changes mandated by law are excluded.
SATA reserves the right to adjust the availability of the number of SATA coins for a SATA reward and the necessary number of SATA coins for each reward according to its discretion.
Changes or additions to the rewards, the required number of SATA coins or other processes described in the program documents for the SATA Loyalty Program coins & more (with the exception of the number of SATA coins for a bonus product and the required number of SATA coins for every reward) are announced in the SATA Loyalty App or the SATA Loyalty Program coins & more communications media.
Changes or additions to these terms and conditions of participation will be notified in text form via email to the email address stored in the SATA Loyalty App. The changes or additions to the terms and conditions of participation shall be deemed to have been accepted should a participant not raise an objection within two months of objection to the following email address - email@example.com or should further coins be scanned following the expiry of this deadline. We are obliged to provide specific notification of this consequence. Should a participant object to the change or addition, his or her participation can be ended by means of regular termination in accordance with Number 3.1
4.4 Tax effects
It is the responsibility of every participant to deal with any tax implications of receiving the reward.
4.5 Closing provisions
Should any individual provisions of these general terms and conditions of participation be legally ineffective or unenforceable in full or in part or should these lose their legal effectiveness or enforceability in the future, the validity of the remaining clauses shall not be affected thereby.
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention governing the International Sale of Goods. To the extent that is legally permitted, the exclusive place of jurisdiction shall be Stuttgart, Germany. In addition, a claim can also be brought against a participant by SATA at his or her general place of jurisdiction or at any other place with a competent court.