Terms & Conditions
Terms & Conditions
The following terms and conditions of the ZEISS Partner Program apply to all registered members. By participating in this program you agree to be bound by these terms and conditions.
Address:
2184 South Road
MAB G 13/6 MAB Eastern Promenade
Tonsley SA 5042
AUSTRALIA
Trading name:
Carl Zeiss Pty Ltd
ACN 008 410 704
ABN 82 008 410 704
Definitions:
“Customer” means any Australian or New Zealand eye care professional who purchases ZEISS lenses directly from Carl Zeiss Pty Ltd.
“ZPP” (ZEISS Partner Program) is the customer loyalty program for ZEISS customers.
Program Rules
The following terms and conditions of the ZEISS Partner Program (hereafter known as the ZPP) shall apply to all Australian and New Zealand eye care professional who purchase ZEISS lenses directly from Carl Zeiss Pty Ltd who have registered via the internet as a member of the ZPP.
Duration
1. The ZPP commences July 2018 and will continue until further notice.
Program Membership
2. Customers must register and activate their ZPP membership online at admin@zpp.zeiss.com.au
3. Only activated members of the ZPP can earn and claim points in the ZPP.
4. Any customer that purchases ZEISS lenses may apply to become a ZPP member via the internet.
5. Each customer or an authorized person within the Customer’s business may liaise with ZEISS on any matter relating to the ZPP, and must notify ZEISS, by email or via the internet of the name and contact details of the Customer and if applicable the Customer’s authorized person.
6. Each customer must provide all required information in order for Carl Zeiss Pty Ltd to process and approve their application.
7. Carl Zeiss Pty Ltd has complete discretion in approving customer membership applications.
8. For a Customer that operates an eye care professional business (“Practice”) from more than one location, or where a Customer owns multiple Practices, the Customer applying to become a Registered Member will be given the opportunity of either combining together all of the points earned (the “Reward Points”) by all locations or Practices (“Combined Practices”) or to have their Reward Points allocated to each location or Practice separately (as “Separated Practices”). Thereby all Reward Points allocated to Customer of a Combine Practice will be treated in all respects as having received their Reward Points as part of one Registered Member. A Separate Practice will be treated in all respects as an individual Registered Member and will be allocated their Reward Point directly.
9. Each Registered Member will be allocated a membership code which will be unique and exclusive to that participating Combined or Separate Practice. The membership code will be neither transferable nor assignable.
10. Registered Members will be entitled to earn and accumulate Reward Points in the Program, and to redeem their Reward Points for Marketing Reward items available with the ZPP web shop.
11. Participation in the program is subject to the stated rules and conditions and failure to comply with these, any abuse of the rewards or any misrepresentation of information to Carl Zeiss Pty Ltd will result in termination of participation in the ZPP.
12. Participants are defined as optical practices. An authorised person/s in that practice must agree to participation in this program.
13. The allocated participant code and password is unique and exclusive to the participating practice and is not transferable.
Points Allocation
14. For owners having a number of practices as part of a single entity, the entity may determine to treat each practice separately or combine the points earned by all the practice under the single business entity. The decision to register as an individual practice or a single business entity must be decided at the commencement if the ZPP and clearly identified on the program registration form.
15. Carl Zeiss Pty Ltd will provide Registered Members with details of how to redeem their Reward Points for products and/or services (“Rewards”).
16. Registered Members will be able to view the number of points (“Reward Value”) to redeem for any of the Marketing Rewards available online via the Program website.
17. Points are not transferable and cannot be used as security interested and are not redeemable for cash.
18. Points will not expire as long as your ZPP account remains active. To achieve an active status you need to have logged into ZPP at least once within the 12 month period. You will receive an email notification in relation to points that will expire one month prior to those points expiring.
19. Carl Zeiss Pty Ltd will communicate with you via your registered email address 4 weeks prior to any Reward Points that are due to expire.
20. At any time during the Program or after the termination of the Program, a Registered Member’s Program account may become subject to a random audit. Should an error or adjustment to a Registered Member’s accumulated points balance be identified, Carl Zeiss Pty Ltd have sole discretion to determine whether or not the adjustments may be made.
21. From time to time, Carl Zeiss Pty Ltd may make certain Rewards available as part of a special promotion or stock clearance or similar activity. Carl Zeiss Pty Ltd may, in its absolute discretion, either increase or decrease the Reward Value required to redeem for those Rewards, the details of which will be available on the online web shop.
22. On the termination of the Program, all unspent accumulated Reward Points shall be forfeited, subject to clause 37.
Records
23. The ZPP program administrator will keep a record of Registered Members’ Reward Points earned, and will send a monthly statement to Members showing how many points the registered Member has earned and redeemed during that month.
Reward Claims & Fulfillment
24. Program terms and conditions (including any additional terms and conditions and changes that may be made from time to time) together with details of Rewards will be available online.
25. Rewards and Reward Values will be published online and may be subject to change from time to time.
26. Registered Members may redeem their points at any time provided that they follow the correct redemption process as follows:
a. Registered Members must first login to the ZPP website with their login details as provided to them in order to activate their account.
b. Registered Members may place a web order of a Reward they would like to redeem their points for, subject to clause 26.
27. Registered Members may redeem their points for Rewards displayed on the Program website or may request a quote via the website for any product not showing a points value. Where a Reward is out of stock or not available an alternative reward may be sourced for the Registered Member in which case the points required may fluctuate.
28. No orders received will be confirmed or processed until the Registered Member’ points balances are verified.
29. Should a Registered Member not have sufficient points to redeem for a reward then a “points plus pay” option should be selected where the pay portion of the rewards is to be paid in full by credit card.
30. Should a Registered Member receive a Reward that differs from that ordered, the Registered Member must return the Reward unopened and with all original packaging intact in order for a full credit to be applied and the replacement Reward ordered. All returns must be made directly to the ZEISS Partner Program manager.
31. Rewards cannot be returned except in accordance with clause 31. All manufacturers’ warranties shall be valid where applicable; however Carl Zeiss Pry Ltd accepts no liability for damaged, delayed, lost or stolen goods other than in accordance with their obligations under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. All warranty claims must be made directly to the manufacturer, although the ZPP Manager may assist.
32. Minimum purchase order quantities may be applicable on some reward items.
33. All rewards are subject to availability and therefore cannot be guaranteed by Carl Zeiss Pty Ltd. In the event that a Reward is not available, a suitable substitute may be offered to the Registered Member.
34. Please allow up to 14 days for a Reward claim to be verified and processed. If the Reward claimed is “Custom Marketing Materials”, "VTS" or "Store-inStore" please allow 30 - 60 days for a Reward claim to be verified and processed.
35. No Reward is able to be converted to cash and no Reward is transferable or assignable to be used as security for cash or credit.
36. In the event that the ZPP is cancelled, Registered Members shall have one (1) calendar month from the cancellation date as specified in the notification to redeem their points. If Registered Members have not redeemed their points for Rewards within one (1) calendar month of the specified cancellation date these points will become void.
Disclaimer
37. Carl Zeiss Pty Ltd presents this program in good faith and shall in no way be liable for any failure on their part to complete the program, which may result from any cause whatsoever. To the extent permissible by law, Carl Zeiss Pty Ltd disclaims any liability arising from this program and each participant undertakes that is shall not bring any claims, action or proceedings against Carl Zeiss Pty Ltd relating to this promotion whether in contract, tort or otherwise.
38. Carl Zeiss Pty Ltd reserves the right to amend any part of the program at any time and to extend or terminate the ZPP without prior notification. In that event Carl Zeiss Pty Ltd shall not be held liable for any loss or damage suffered by participants resulting from such withdrawal, cancellation, variation or change.
39. In the event that a practice does not comply with Carl Zeiss Pty Ltd’s trading terms, points may be cancelled or suspended at Carl Zeiss’s discretion.
40. Carl Zeiss Pty Ltd’s decision is final and no correspondence will be entered into.
41. Carl Zeiss Pty Ltd and all agencies associated with the ZPP abide by all federal and state privacy and data protection legislation. Data collected will only be used for the purposes it was intended and will not be passed on to third parties.
42. It is the responsibility of the participant to advise the ZPP of any change of address and contact details. This can be done online via the reward website or via email to the ZPP manager.
43. Tax liability on any benefits provided to participants in this program is the sole responsibility of the participant. The benefits are granted in the course of the business relationship and the participating in the program cannot hold Carl Zeiss Pty Ltd responsible for any inappropriate tax treatment imputable t the participant regarding these rewards, which are valued at the time of delivery to the participants. It is recommended that participants contact their own accountant or taxation adviser in this regard.
44. Each Registered Member must comply with these terms and conditions (as may be changed from time to time), and must not seek to abuse the ZPP in any way whatsoever, nor provide any incorrect, false or misleading information or data to Carl Zeiss Pty Ltd. Any Registered Member failing to comply with these terms and conditions will be immediately removed from the ZPP and will have all of their rights and privileges in the ZPP immediately withdrawn and will forfeit any accumulated Reward Points earned.
45. Current reward points are published online.
Reward Claims and Fulfillment some key conditions to note include:
46. Please allow up to 14 days for a Reward claim to be verified and processed. If the Reward claimed is “Custom Marketing Materials”, "VTS" or "Store-inStore" please allow 30 - 60 days for a Reward claim to be verified and processed.
47. Rewards cannot be converted into cash and are not transferrable.
48. Carl Zeiss Pty Ltd shall not be liable for any loss or damage whatsoever suffered (including, but not limited to indirect or consequential loss) or person injury suffered or sustained as a result if rewards claimed, except for any liability which cannot be excluded by law.
49. All rewards are subject to availability and Carl Zeiss Pty Ltd does not guarantee or warrant in any way that the rewards offered under the program will be available. In the event that an advertised reward is not available, a suitable substitute may be made available if possible.
Limitation of Liability
50. Under no circumstances shall Carl Zeiss Pty Ltd be liable for any loss, cost, expenses in relation to any direct, indirect, economic or consequential losses (including loss of profits) or any taxes suffered by any Registered Member of customer in relation to any aspect of the ZPP including relation to any changes, extension or termination of the ZPP.
51. Notwithstanding any other terms and conditions, if Carl Zeiss Pty Ltd is found to be liable to any Registered Member, whether in contract, tort or otherwise, and the claimant and/or any other third part has contributed to the loss or damage, Carl Zeiss Pty Ltd will only accept liability in strict proportion to the extent of its own negligent contribution, up to a maximum aggregate liability of $500.
52. Carl Zeiss Pty Ltd does not provide any warranties, representations, undertakings or guarantees whatsoever to any Registered Member(s) in respect of the availability, fitness for use or purpose, final Rewards Value (if applicable) or variations thereof, of any Reward claimed under the ZPP.
53. Carl Zeiss Pty Ltd shall not be liable for any refund, return or exchanges of any Rewards.
Compliance – Administration, Confidentiality, Privacy and Taxation
54. Registered Members acknowledge and agree that Carl Zeiss Pty Ltd shall decide or consider any matter or issued raised or any dispute or disagreement in relation to, or arising from the ZPP, in its absolute discretion. Carl Zeiss Pty Ltd’s decision shall be final and binding.
55. The Registered Members shall keep all information of a confidential nature relating to the ZPP strictly confidential. The Registered Member Shall only disclose the confidential information to their employees on a strictly need-to-know bases. Disclosure is only permitted if it is required by law or if Carl Zeiss Pty Ltd firsts consents to such disclosure.
56. Carl Zeiss Pty Ltd and the Registered Members shall keep any commercially sensitive information as may be obtained by them through the operation of the ZPP confidential and shall not divulge the information unless Carl Zeiss Pty Ltd first receives prior written approval from the Registered Member or unless permitted by the terms herein or by another agreement.
57. Carl Zeiss Pty Ltd shall abide by all and any applicable privacy and data protection legislation as it relates to the operation of the ZPP.
58. Carl Zeiss Pty Ltd shall not be liable to any Registered Member for all and any taxes arising from, or in relation to any Rewards claimed by them through the ZPP. Registered Members shall be responsible for all and any taxes in relation to their Rewards, including liabilities for Fringe Benefit Tax (FBT) if applicable. It is recommended that participants should contact their own accountant or taxation adviser in this regard.
