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Terms & Conditions

"SUMMER GIVEAWAY" PROMOTION - (Win a $1,000 Merrell Gift Card).

Information on how to enter the “Summer Giveaway” promotion (Promotion) and the prizes form part of these Terms and Conditions.  By participating in the Promotion you accept these Terms and Conditions.

1. Promoter

  1. The Promoter is Accent Group Limited, ABN 85 108 096 251, Tel: +61 3 9427 9422 of 2/64 Balmain St, Richmond VIC 3121 (Promoter).

2. Eligibility

1. Entry is open to people aged 18 or over, residing in Australian states or territories (excluding the ACT), and all New Zealand states or territories (Entrants).  

2. Employees (and their immediate families) of the Promoter and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

 

3. Promotion Period

1. The Promotion commences at 5pm AEST 23rd September 2023 and closes at 8pm AEST 20th November 2023 (Promotion Period).

 

4. How to enter

1. To enter, Entrants must, during the Promotion Period:

(a) Access the online entry form via Facebook.com, Instagram.com or https://www.merrellaustralia.com.au/

  • Complete the online entry form

  • Agree to the conditions of entry

  • Click on submit; OR

(b) Sign up to Merrell Australia's marketing database via the https://www.merrellaustralia.com.au/

(Entries)

2. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive at to time of receipt.

3. Incomplete or indecipherable Entries will be deemed invalid.

 

5. Prize

1. There will be one major draw conducted for this Promotion

2. Each Draw will be held at the Promoter’s offices at the times and dates outlined in the table below.

3. Additional reserve entries may be drawn and recorded in case an invalid entry or ineligible entrant is drawn.

4. All times indicated are in AEST/AEDST as per local VIC time.

5. Winners will be notified in writing by email within four (4) business days of the relevant Draw, and each winner’s name will also be published on the Promotion Website on the dates outlined in the table below.

Draw period: 12:00AM AEST on 21st November 2023 – 11:59PM on 28th November 2023

Draw Date: 12:00AM AEST on 21st November 2023 – 11:59PM on 28th November 2023

Draw Time (AEST): 23rd November 2023 11:00am

Winner announcement: 24th November 2023

 

A) Major Prize: The first valid entry drawn electronically at random will win a $1,000 Merrell Gift Card for a total of RRP $1000.

 

6. The total Prize pool value is up to a maximum of $1,000. The value of the Prize is accurate at the date of commencement of the Promotion Period and based upon the recommended retail prices at the date of printing. The Promoter accepts no responsibility for any variation in the value of the Prize after that date.

 

6. Unclaimed prizes

1. The Promoter may conduct such further draws as are necessary for any unclaimed Prize at the same time and place as the original Draws on the dates outlined in the table above, subject however to any directions given by any applicable gaming authorities. The winner of any unclaimed Prize, if any, will be notified in writing by email within seven (7) business days of the relevant draw and details of the winner of any unclaimed Prize will be published on the Promotion Website on the dates outlined in the table above.

 

2. Subject to the above paragraph, if for any reason a winner does not take a Prize (or an element of a Prize), by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited, and cash will not be awarded in lieu of that prize or part of that prize.

 

7. Promoter’s rights

1. The Promoter’s decisions are final, and no correspondence will be entered into, including in the event of a dispute.

2. The Promoter reserves the right, at any time, to verify the validity of Entries and entrants (including an entrant’s identity, age, and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

 

8.     Privacy

1. The Promoter collects personal information (PI) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI.

2. The Promoter will also use and handle PI as set out in its Privacy Policy, available at https://www.merrellaustralia.com.au/ In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research, and profiling purposes, including sending electronic messages or telephoning the entrant.           

3. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law, and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

 

9. Prize delivery, acceptance, substitution or exchange

1. Winners should allow 28 days for the prize delivery.  Prizes will be sent by the most suitable method of delivery for the prize (for example email or mail to the address specified in the Entry).  The Promoter will notify the winner how they will receive their prize. 

2. Should an Entrant’s contact details change during the Promotional Period, it is the Entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an Entry should be directed to the Promoter.

3. The Prizes (including any unused portion of a Prize) cannot be transferred, exchanged, replaced, or redeemed for cash. The Prizes must be taken as offered and cannot be varied by a winner. The Promoter retains the right to substitute the Prize (or a part of the Prize) with a prize or prizes of equal or greater value (including where a Prize is unavailable), subject to approval of the gaming authorities in each State and Territory where relevant.

4. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the Prize supplier’s requirements. Each Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated.

5. The conditions of use of the prize include any standard terms and conditions of the Prize suppliers (such as gift card or airline terms) as well as the following conditions:

a) Unless otherwise specified in the Schedule, the Promoter will not be responsible for any additional costs associated with the use of the Prize. The Prize winner (and, if applicable, their guest(s)) is responsible for all costs associated with both entering the Promotion and using the Prize including (if applicable) travel and/or transfer costs, expenses with respect to food and beverages, travel and medical insurance costs and spending money.

b) Acceptance of the Prize is at the winner’s own risk. As a condition of accepting the Prize, the winner (and his/her companion – where applicable) must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

c) The Promoter, their associated agencies, and companies associated with this Promotion take no responsibility for any Prize damaged or lost in transit and the Promoter will not be responsible for any delay in delivery, damage to, or loss in transit of the Prize.

d) All Prize winners agree to the use of their name and address suburb for publicity and competition purposes, without compensation.

e) Prize winners are advised that tax implications may arise from their Prize winning and may wish to seek independent financial advice prior to the acceptance of their Prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a Prize.

f) If a Prize is available in various locations, the Prize winner is only eligible to claim the Prize in their nearest capital city. If the Prize occurs in the Prize winner’s home city, the Prize winner will not be eligible to receive any accommodation or airfares (which may otherwise have formed part of the Prize).

g) If the Prize is date-specific, the Prize winner must be available to redeem the Prize on the dates stipulated by the Promoter. If the Prize winner is not able to redeem the Prize on that date, the Promoter may determine another Prize winner at its absolute discretion.

 

10. Operation of the Platform, and the Promotion

1. If for any reason this Promotion is interfered with in any way or is not capable of running as planned due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention, or fraud, the Promoter reserves the right in its discretion, to the fullest extent permitted by law to (a) modify suspend, terminate or cancel the Promotion as appropriate, subject to the approval of the gaming authorities in each State and Territory where relevant; (b) disqualify any entrant. The Promoter and its associated agencies or companies accept no responsibility for any lost or misdirected Entries.

2. The Platform used to conduct the Promotion may not be available for access from time to time during the Promotion Period. All access to, and use of, the Platform is at the individual’s expense and risk. The Promoter has no control over internet or mobile telecommunications, network lines, bugs, viruses and server problems and accepts no responsibility for any problems associated with them, for whatever reason.

3. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

                   

11. Liability

1. Nothing in these Conditions of Entry limits, excludes modifies, or purports to limit, exclude, or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees).

2. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees, and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Conditions of Entry; (e) any tax liability incurred by a winner or entrant; or (f) taking and/or use of a Prize.

3. If despite clauses above, the Promoter incurs a liability to an entrant under any law which implies a warranty or guarantee into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.

4. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a Prize, or using or permitting any other person (i.e. a companion) to use the Prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.

 

12.  Governing Law

1. The Promotion and these Terms of Entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.

1. GENERAL TERMS & CONDITIONS

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you agree to be bound by and subject to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website without notice.

2. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law Merrell Australia and its suppliers, content providers and advertisers are hereby expressly excluded from being subject to any conditions, warranties and other terms or obligations which might be imposed by statute, common law or equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials or products posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Merrell Australia’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability, which cannot be excluded or limited under applicable law.

3. ACCEPTANCE

The Merrell Australia Website and online store (collectively, our “Website”) is owned and operated by RCG Brands (Australia) Pty Ltd trading as 'Merrell Australia' (ABN 96 125 433 972) with our support office located at 719 Elizabeth Street, Waterloo, NSW, Australia.

Access and use of the Merrell Australia Website is conditional upon your acceptance and compliance with the Terms of Service. You should read them thoroughly before using our Website and online store, or any Services provided through our Website. Your use of the Merrell Australia Website constitutes your agreement to the Terms of Service.

Merrell Australia reserves the right to amend the Terms of Service at any time and without notice to you. Merrell AU may change the Terms of Service from time to time, and your continued use of our Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the Terms of Service as so amended. We will always publish a link to our current Terms of Service from the Website homepage at www.merrellaustralia.com.au.


The Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria in Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria in Australia.

4. PRIVACY POLICY

Our Privacy Policy, which sets out how we will use your information, can be found here. By using our Website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

5. PERSONAL INFORMATION

Although not compulsory, you may create a customer account on our Website to make a purchase. However, you must create a Merrell Australia account to engage with the Merrell Australia community to make comments on our Website.

As an account holder you must provide Merrell Australia with accurate personal information including a valid email address. Provision of another person’s details as your own is not acceptable and may result in Merrell Australia cancelling your account.

As an aide to fraud prevention we may require proof of identification of the holder of a credit card being used to make a purchase prior to releasing the order.

Any personal information collected by Merrell Australia shall not be disclosed to any third party unrelated to Merrell Australia's business unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure. For more information, refer to our Privacy Policy. Note that by providing us with your personal information, you agree to that information being collected and used in accordance with our Privacy Policy.

6. SECURITY OF YOUR ACCOUNT

If you create an account with Merrell Australia, you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.

Each time your password is used, you will be deemed to have authorized access to and use of our Website in a manner consistent with these Terms of Service. This means that you are responsible for any products purchased using your account details.

You must notify Merrell Australia if at any time you believe someone has access to your password. You may be asked to verify your identity when you contact our Customer Care Team for access to order information, personal information or any other information relating to your account and its use.

7. TERMS OF SALE

By placing an order, you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

A. PRICING & AVAILABILITY

While we try and ensure that all details, descriptions and prices which appear on our Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

All prices on our Website are quoted in Australian dollars and include GST.

All prices are subject to change. All prices displayed on our Website are only valid online at the time shown.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Merrell Australia attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown. If an ordered item isn't available or we are unable to fulfil your order, we may attempt to arrange an alternative item or will provide a full refund.

B. PAYMENT

Credit card information provided to Merrell Australia for the purchase of goods is protected. Merrell AU is a secure site protected with a Digicert SSL certificate. Merrell Australia does not under any circumstances store credit card details. This type of security ensures your order and payment details are encrypted and remain secure over the internet.

Provision of credit card information as payment for any products constitutes an agreement for your purchase of the selected products. We accept payment by Visa, MasterCard, American Express (AMEX), PayPal and Afterpay. You must comply with the applicable terms and conditions of these providers.

We also accept payment by Gift Cards online.

You must not pay or attempt to pay for any products using fraudulent credit card information.

C. DELIVERY

Dispatch times may vary according to availability. Any specifications made as to delivery times may be subject to delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping page for further information.

We currently only deliver to Australian addresses only.

D. RETURNS

An authorisation request must be made through our Customer Care team for all returns of items purchased online before the goods are posted back to Merrell Australia. When returning purchases made online, the products must be unworn and in their original condition and original packaging. You are liable for the postage cost of returning products purchased on this Website.

If the product is faulty when you receive it you may choose to return the product to Merrell Australia for a full refund. Faults will be assessed by our Customer Care Team and we may also consult with the supplier or manufacturer. If the product is found to be faulty you will receive a full refund. Refunds made under this clause are subject to clause e. below. For more information on our online and store returns policy, please refer to our Returns page for further information.

E. REFUNDS

Refunds will only be issued in accordance with our online returns policy and will only be made to the original account used for payment. In some limited circumstances we may make a refund to an alternative account if the original account has been cancelled or is not available. Please note, any delivery cost incurred on the original order cannot be refunded and will be at the loss of the customer.

Merrell Australia will not consider requests for refunds after 30 days of purchase unless the product is deemed faulty by our Customer Care Team.

F. LOSS OF GOODS

The risk of loss of goods shall be passed to you upon our delivery of the product to Merrell's nominated delivery company, unless the loss of goods was caused by the nominated delivery company, at which point, Merrell Australia will take reasonable steps to recover or replace the lost goods.

G. ORDER CANCELLATIONS

Subject to clause a. above, once you have placed your order, Merrell Australia is unable to add, remove or make changes to your order including your delivery details, items, colours, sizes or removing the items from your order. We reserve the right to cancel your order if:

  • You provide an unauthorized credit card;
  • We are unable to process payment on the credit card provided;
  • You have provided invalid personal details;
  • If, when required, you cannot provide acceptable proof of identity;
  • The product has become unavailable;
  • If, for any reason, we don't reasonably believe we can successfully complete delivery

Our Customer Care Team will attempt to notify you before cancelling your order.

H. ONLINE PROMO CODES

We may from time to time offer online promotional discount codes (“Online Promo Codes”), which may apply in respect of any, or certain specified, purchases made though our Website. The conditions of use relating to any Online Promo Code will be specified at the time of issue. These Online Promo Codes cannot be transferred or used for purchases in-store.

Some Online Promo Codes may have a minimum spend (eg. only available if you spend a specified amount), apply only to a specific product, or group of products, be available for a limited time or specified date range, and/or be only available to a specific customer group (eg. Students). Specific details regarding this will be provided with your Online Promo Code.

If we have reason to suspect an attempt to deceive or defraud Merrell AU through the use of an Online Promo Code, we reserve the right to deny use of the Online Promo Code, and/or request an alternative means of payment.

If the credit of an Online Promo Code is insufficient to complete an order, you can choose another accepted method to pay the balance outstanding. This could include an accepted credit card where applicable.

I. In the event Merrell requests your bank account details to issue a refund, Please ensure you provide the correct BSB and Account Number. Your refund may be delayed if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.

8. PROMOTIONS

Merrell Australia runs consumer promotions and competitions from time to time. Each consumer promotion or competition will have specific terms and conditions. Please refer to the terms and conditions of each individual consumer promotion or competition for more details.

If we run a competition where the entries will be judged, and a winner is then chosen, the entries will be judged by Merrell Australia. Merrell Australia decision is final, and no correspondence will be entered into. The prize only includes what is expressly stated to be part of the prize and is not transferable. No cash alternative is available.

You are responsible for providing us with accurate and up-to-date contact details. We will not be liable for any failure, delay or inability to contact you. Winners will have 7 business days to claim their prize, at which time the prize will be redrawn.

If you are a potential winner, we will contact you at the email address you provided, or we will contact you through other means which are specified in the individual consumer promotion or competition terms and conditions. We will contact you within 48 hours of the winner being drawn and may ask you to verify your personal details.

Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers or any persons contact with the promotion of a competition.

Incomplete or indecipherable entries will be deemed invalid. Merrell Australia reserves the right to disqualify any entrant who submits and entry that is not in accordance with these terms and conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.

If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

Entrants consent to us using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.

By entering into a Merrell Australia promotion or competition, you give Merrell Australia your consent to the recording of your email address on Merrell Australia's marketing mailing list and the receipt of marketing communications from us. You may unsubscribe at any time by clicking the 'Unsubscribe' link at the bottom of our newsletters.

Entry into a consumer promotion or competition is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

9. REVIEWS & COMMENTS

You may post reviews and make comments about the content of our Website. The reviews and comments however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Merrell AU reserves the right to remove such comments at any time without notice to you.

If you post a comment, and unless we indicate otherwise, you grant Merrell Australia a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on our Website and on any other marketing material Merrell may create.

10. PROHIBITIONS

You must not misuse our Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

11. INTELLECTUAL PROPERTY, SOFTWARE & CONTENT

The intellectual property rights in all software and content made available to you on or through this Website remain the property of RCG Brands Pty Ltd and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the World. All such rights are reserved by RCG Brands Pty Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

12. LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our homepage on any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

13. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES & THIRD-PARTY COPYRIGHT

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party goods, services and/or locations featured on our Website are in no way associated, linked or affiliated with Merrell Australia and you should not rely on the existence of such a connection or affiliation. Trademarks or brand names featured on our Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Merrell Australia.

14. INDEMNITY

You agree to indemnify, defend and hold harmless Merrell Australia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of these Terms of Service.

15. SECURITY

When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this Website. Merrell Australia makes no warranty regarding the strength or effectiveness of that encryption and accepts no responsibility for events arising from unauthorized access of the information you provide.

16. GIFT CARDS

  • Purchasing a Gift Card - Merrell Gift Cards can be purchased either in store or online here
  • Redeeming a Gift Card - Merrell Gift Cards are redeemable at any Merrell retail store in Australia or online at www.merrellaustralia.com.au.
  • Checking your Gift Card balance - Existing Merrell Gift cards balance can be checked online here
  • Gift Cards are valid for 3 years from the issue date, or until no amount remains on the Gift Card. Any balance that remains on the Gift Card after expiry will not be available for use.
  • Gift Cards cannot be exchanged (wholly or partly) for cash, reloaded, topped up or used to purchase other gift cards.
  • The value shown on a Gift Card includes GST.
  • Gift Cards are partially redeemable and any unused balance can be used for future purchases up to the expiry date.
  • Gift Cards should be treated like cash. Lost or stolen gift cards will not be replaced or refunded.
  • Items purchased using Gift Cards that are subject to our returns or refunds policy will be refunded as store credit. We reserve the right to issue you with a new Gift Card equivalent to the value of your refunded Gift Card purchase.
  • Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card until we are satisfied that no fraud has occurred.
  • We reserve the right to change these conditions at any time and will provide at least 14 days’ notice by posting the changes on this website. If you contact us within the notice period and do not accept the changes, we can cancel the Gift Card and refund you any value remaining on the Gift Card.


M-REWARDS LOYALTY PROGRAM

Terms and Conditions

1.      Membership –

1.1.       By joining our M-Rewards Loyalty Program, you are agreeing to our Terms and Conditions and our Privacy Policy.

2.      Earning Points & Tiers –

2.1.       Members will earn Points on all purchases they make at any of Merrell Australia stores or online, where they identify themselves in making that purchase by providing their full name & email address in-store, or by logging into their M-Rewards Member account online or providing the email address at checkout associated with their account.

2.2.       M-Rewards members will earn points on all purchases they make at any of the Merrell Australia stores or online at www.merrellaustralia.com.au (excluding gift cards and shipping costs), and a member will receive a minimum of 1 point for every $1 AUD spent. Points are calculated by rounding down to the nearest dollar ($) amount.

2.3.       On accumulating the first 300 points, M-rewards members are automatically assigned $30 M-Rewards Points as a Voucher to their M-Rewards profile, then for every subsequent 300 points members are assigned another $30 M-Reward voucher to their M-Rewards profile.

2.4.       M-Rewards Vouchers expire 6 months from the issue date and are only valid for use on a purchase for a minimum value of $50, excluding shipping costs.

2.5.       All Points earnt will be valid for 24 months from the date of issue.

2.6.       M-Rewards Voucher redemption does not accumulate towards your M-Rewards Spend and therefore does not accumulate Points. For example, if you purchase an item valued at $100 and use $20 M-Rewards Reward value when making payment for that purchase, your M-Rewards Spend for that purchase is $80 and you will be assigned 80 Points to your M-Rewards Member account.

3.      Rewards –

3.1.       To redeem an M-Rewards Voucher, you must spend $50 or more in a single transaction either in-store or online, excluding shipping costs. M-Rewards cannot be used for payment of laybys or applied to prior purchases.

3.2.       You may not use more than $100 of M-Rewards Voucher points per transaction.

3.3.       Your M-Rewards Voucher is not transferable, cannot be redeemed for cash, cannot used against prior purchases or used for the purchase of gift cards (physical or electronic).

Using your Reward in-store:

When shopping in-store, you must provide the email address you used when joining the Program in order for your Reward to be applied to your transaction by a Merrell Australia team member. Your reward can only be used on purchases valued at $50 or more.

 

Using your Reward online:

When shopping online, you must create an account using the email address supplied when joining the Program and be logged in to your account when checking out, in order for your Reward to be applied to your online transaction. Please note, after you have created your online account, you will be sent a verification email which you need to validate before the account gets created. If you do not validate your email, you will not be able to log into your online account or use your rewards.

Once you are logged in, at the checkout page, your Reward will appear with a prompt to ‘Apply your Reward’ which you must select in order for the Reward to be used as part of payment towards your transaction. Your reward will only apply on orders valued at $50 or more. If you do not select to apply your Reward to the transaction, it will remain unused on your Member account until it expires or is otherwise used.

 

3.4.       Other than any Rewards issued to you, the M-Rewards Program may give you access to Member competitions and events or may include the allocation of surprise gifts and rewards to your account from time to time. At its sole discretion, we may provide access to these items to some or all Members of the Program. You will be notified via email should any of these apply your account.

3.5.       If you do not adhere to these Terms and Conditions, we reserve the right to cancel your M-Rewards account and any associated Rewards at any time.

3.6.       We reserve the right to withdraw, cancel or vary the Rewards offered to you within the Program at our discretion, including Points or Rewards awarded in error or earned fraudulently. We will make all reasonable efforts to communicate these changes to you via email or the Merrell Australia website.

3.7.       To access your My Account and see your points balance and rewards you have been issued, use the same email address and create an account via  https://www.merrellaustralia.com.au. We encourage all customers to login when they visit us online. When shopping online, you must log in using the email address you used when signing up, either by logging in or adding it at the checkout  in order to access and use any valid Rewards and see any information relating to your M-Rewards account.

3.8.       You can only earn and redeem Rewards at Merrell Australia retail stores and on the Merrell Australia website (www.merrellaustralia.com.au).

3.9.       You can only redeem rewards from one (1) M-Rewards account per transaction.

3.10.    Certain products and promotions may be excluded from the Program and this will be notified to you where it is applicable via the Terms and Conditions of the specific promotion.

 

4.      Returns / Refunds

4.1.       If you used a Reward when you made your purchase, the total amount you paid will have been reduced. If you redeem a M-Rewards Voucher for the purchase of multiple items, the application of that Reward’s value will be split proportionally over the products in the order based on the value of each item. For example, if you purchase a pair of shoes and a pack of socks, you might see the bulk of your $30 M-Rewards Voucher being applied to your shoes, based on the value of this item being higher.

4.2.       If your order is cancelled or you choose to return or exchange a product, we will adjust your Member account so that the correct M-Rewards Voucher amount is returned to you. The amount returned will be based on the portion of the M-Rewards Voucher that was applied to the specific product you are returning, as stated above.

4.3.       Any refund owing will be processed based on the amount paid for the transaction, after any M-Rewards Vouchers were applied & the M-Rewards Voucher will be returned to your M-Rewards account.

4.4.       If you earnt Points or an M-Rewards Voucher when making your purchase, these Points will be taken off your Points balance when an eligible transaction has been cancelled, reversed or relates to a refund given.

4.5.       Merrell Australia will deduct from your M-Rewards account any points or Vouchers that have been credited to your M-Rewards account in error and any points that relate to a purchase which has been cancelled, reversed or refunded.

4.6.       M-Rewards Voucher redemption does not accumulate towards spending level and therefore does not accumulate points.

 

5.      Your Obligations and Eligibility

5.1.       You must be a resident of Australia to become a member of the M-Rewards Program.

5.2.       You must be 18 years or older and hold a unique and valid email address to be a member of the M-Rewards Program.

5.3.       You can use your M-Rewards membership at any Merrell Australia retail store and at the Merrell Australia website at https://www.merrellaustralia.com.au.

5.4.       To be eligible for M-Rewards Program benefits and exclusive offers in-store, you must identify yourself as a M-Rewards Program Member at the point of sale by providing your name and email address you used when signing up to the Program.

5.5.       Employees of the Accent Group are eligible to join but are not eligible to earn or redeem Rewards points. This is exclusively for our customers who don’t get to enjoy all the other benefits of working with us.

5.6.       The M-Rewards program is intended for personal shopping use only. Rewards will only be issued to those we deem to be legitimate personal customers. We reserve the right to reject your Reward/s if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. We reserve the right to withdraw or cancel rewards that we know, or suspect were earned as a result of purchasing goods that are intended for resell or commercial activity. If you have already redeemed these rewards on a purchase, we reserve the right to cancel and refund these orders, followed by removing the rewards from your loyalty account.

5.7.       If your Membership is terminated for any reason, your Rewards will no longer be valid and will be rendered null and void.

5.8.       Your email address needs to be provided at the point of sale/checkout for the purposes of applying the points to your account for each sale you make.

5.9.       Your M-Rewards Program account is issued by Accent Group and is not transferable to any other person.

5.10.    We will not accept any liability for any of your member communications that are misdirected, lost or not received.

5.11.    We may collect your personal information for the purpose of facilitating the M-Rewards Program. Personal information will be handled in accordance with our Privacy Policy.

5.12.    We may, at any time and in its discretion, require you to provide proof of identification (in a form requested by us) to verify the authenticity of your membership and compliance with the M-Rewards Program Terms and Conditions. Failure to provide proof of identification may result in termination of your membership.

5.13.    You are to read these Program Terms and Conditions in conjunction with any additional conditions associated with Rewards, including without limitation the Website Terms and Conditions and other relevant Merrell Australia Policies and Terms and Conditions.

5.14.    It is your responsibility to update your M-Rewards Program member profile with details of your email address, phone number and postal address, otherwise we may not be able to contact you about your membership, rewards, special offers or entry to competitions or Member events.

5.15.    We reserve the right to change, cancel or modify the Terms of your membership, or withdraw the Program, at any time. We will make all reasonable efforts to communicate changes in advance to you via email or the Merrell Australia website.

 

6.      General

6.1.       To the extent permitted by law, Accent Group and managers of the M-Rewards program will not be liable for any errors, omissions, delays or disruptions in the operation of the M-Rewards program and will not be liable for any loss caused by any such errors, omissions, delays or disruptions.

6.2.       We may replace or amend the M-Rewards program offers and these terms and conditions at any time at its discretion. In particular Accent Group reserves the right to change the number of points required to qualify for a voucher and/or the amount of that voucher at any time. Accent Group will use its best endeavours to notify members of any replacement or amendment, but will not be liable if it does not. Accent Group may suspend or terminate the M-Rewards program at any time without reason or notice. Accent Group will not be liable for any loss or damage that may arise from any suspension or termination.

6.3.       References made in these Terms and Conditions to “us”, “we”, “our” or “Accent Group” means Accent Group Limited (ABN 85 108 096 251). Merrell is a trademark licensed to Accent Group.