- Information on how to participate in the PURINA PRO CLUB ('PRO CLUB'), how to collect PRO CLUB points, how to redeem PRO CLUB points for rewards listed or advertised from time to time in connection with PRO CLUB, including information at www.proclub.com.au ('Website') and any membership application, form part of these terms and conditions. Participation in the PRO CLUB constitutes acceptance of these terms and conditions.
- These terms and conditions are effective on the date specified below and supersede any previous terms and conditions of PRO CLUB. Purina may change these terms and conditions at any time.
- Subject to these terms and conditions, PRO CLUB is open for membership to breeders of dogs and cats that:
- if a member of PRO CLUB prior to 3 April 2012, comply with the requirements in the section headed 'Provisions for members prior to 3 April 2012' and are accepted as a re-activated member; or
- otherwise, submit an application to join PRO CLUB and are accepted as a member; and
- Continue to meet the Eligibility Requirements, in accordance with this section headed 'Eligibility'.
- To become a member, re-activate a membership and to continue to be a member of PRO CLUB, the breeder must:
- Complete the online application or re-activation form including all mandatory fields;
- Live in Australia;
- Be a minimum of eighteen (18) years of age;
- Have a minimum of three (3) pure bred and pedigree dogs or cats and are owned, living with and being fed by the breeder;
- Have a feeding regime for the breeder's dogs and/or cats that includes the purchasing and feeding of PURINA PRO PLAN products;
- Have a prefix for the breeder's dogs and/or cats; and
- Comply with the appropriate laws, guidelines and Codes of Ethics for the breeding, keeping and care of dogs and/or cats relevant to the State in which the breeder resides.
- A member must be an individual and may not be a syndicate or amalgamation of breeders. Membership is limited to one per eligible breeder.
- A new or re-activated member must submit a minimum of one (1) PURINA PRO PLAN Weight Circle from dog or cat food (located on bags of PURINA PRO PLAN) within three (3) months of commencement of their new or re-activated membership ('Initial Activity Requirement'). If a member fails to comply with the Initial Activity Requirement, then Purina may discontinue the membership.
- A member must keep the membership active by engaging in all of the following ('Continued Activity Requirement'):
- Purchase PURINA PRO PLAN dog and cat food regularly;
- Submit PURINA PRO PLAN Weight Circles at a minimum of every six (6) months. If requested by Purina, the member must also show proof of purchase of such products, such as a receipt; and
- Redeem items from the PRO CLUB Store at a minimum of every twelve (12) months.
- If a member fails to comply with the Continued Activity Requirement, then Purina may give the member 28 days notice to meet the Continued Activity Requirement. If the member fails to do so within 28 days of the notice or in any event the member fails to submit PURINA PRO PLAN Weight Circles for a period of eighteen (18) months, then Purina may discontinue the membership.
- Purina reserves the right to, at its discretion, not accept applications for membership, discontinue membership or allow other breeders, agencies or entities to become members of PRO CLUB at their discretion.
- If a member's circumstances change so that they no longer satisfy the eligibility criteria or otherwise do not comply with these terms and conditions, the member must promptly notify Purina of that change and Purina will notify the member whether they may continue as a member of PRO CLUB or whether Purina will discontinue their membership.
Provisions for members prior to 3 April 2012
- If a breeder was a member of the PRO CLUB prior to 3 April 2012 ('Re-activating Member'), then in order to participate in the membership of PRO CLUB from 3 April 2012, the Re-activating Member must re-activate their membership by transferring and submitting their details online at the PRO CLUB website by noon on 7 December 2012.
- If the application for re-activation is accepted by Purina, then Purina will notify the Re-activating Member that their membership has been re-activated and their current points balance will be transferred and activated for use as points in the online PRO CLUB. Re-activating Members must meet the Initial Activity Criteria specified in the section headed 'Eligibility'.
- If a Re-activating Member does not re-activate their membership in accordance with this section prior to noon on 7 December 2012, then Purina may discontinue the membership and any points will be cancelled.
- Re-Activating Members have until noon on 7 December 2012 to claim points for complete and accurate New Owner Cards for The Purina Puppy & Kitten Club Starter Packs they have provided to their new pet owners residing in Australia prior to 21 July 2012 at 250 points per Card. If Re-activating Members wish to claim such points, they must first successfully re-activate their membership to the PRO CLUB and then return the New Owner Cards to Purina for redemption, to be received by Purina prior to noon on 7 December 2012.
- Re-activating Members have until noon on 7 December 2012 to claim points for purchases made prior to 21 July 2012 for the following products:
- BONNIE - any size - at 20 points per kilogram
- PRO PLAN - The following Dog Food packaging sizes or any other Dog or Cat Food packaging sizes not listed in section on redeeming points on PRO CLUB online - at 150 points per kilogram for Dog Food or 175 points per kilogram for Cat Food:
PRO PLAN® PUPPY SMALL BREED 2.72KG, 8.16KG & 9.07KG PRO PLAN® PUPPY CHICKEN AND RICE 2.72KG, 8.16KG, 9KG & 17KG PRO PLAN® PUPPY LAMB AND RICE 2.72KG, 8.16KG, 9KG & 17KG PRO PLAN® PUPPY LARGE BREED 2.72KG, 8.16KG, 9KG & 17KG PRO PLAN® ADULT SMALL BREED 3.63KG, 8.16KG & 9.07KG PRO PLAN® ADULT CHICKEN AND RICE 3.63KG, 8.16KG, 9KG & 17KG PRO PLAN® ADULT LAMB AND RICE 3.63KG, 8.16KG, 9KG & 17KG PRO PLAN® ADULT LARGE BREED 8.16KG, 9KG & 17KG PRO PLAN® ADULT SENSITIVE SKIN AND STOMACH 2.72KG, 8.16KG, 15KG PRO PLAN® ADULT WEIGHT MANAGEMENT 2.72KG, 8.16KG, 15KG PRO PLAN® SENIOR CHICKEN AND RICE 2.72KG, 3.63KG, 8.16KG, 9KG, 15.4KG & 17KG PRO PLAN® PERFORMANCE CHICKEN AND RICE 17KG & 22.5KG
- A member may claim PRO CLUB points by:
- Weight circles: Submitting Weight Circles from PURINA PRO PLAN products (found on bags of PURINA PRO PLAN dog and cat food) purchased by the member by entering the details online, printing the pre-populated Points Accrual Form from the PRO CLUB website and sending the Weight Circles and the pre-populated Points Accrual Form to Purina within 28 days of entering the details online. Only PURINA PRO PLAN Weight Circles from PURINA PRO PLAN bags of food that are purchased by a member are eligible to be submitted for points. The member must retain proof of purchase of the products until the points have been approved. The member must provide such proof of purchase if requested by Purina. PURINA PRO PLAN Weight Circles from bags of PURINA PRO PLAN food that are from voucher redemptions, supplied free (which includes if won) are ineligible to be submitted for points.
- PRO CLUB referrals: Subject to the member complying with all applicable laws including the Spam Act and the Privacy Act, the member can earn points by referring a breeder to PRO CLUB via sending a unique referral URL to the member's friend and if that friend becomes a member of PRO CLUB using that unique URL, then points will be credited to the referring member's account.
- Promotion of PRO CLUB: If members wish to obtain points for promoting their connection with PRO CLUB, the member must first contact Purina with their proposal and obtain Purina's prior written consent to any such proposal. Any consent by Purina is subject to Purina's guidelines on use of the trade marks (as advised by Purina from time to time). Purina reserves the right to withdraw or amend its consent, in which case the member must promptly comply with Purina's requirements. Any claims for points for approved promotion of PRO CLUB may be submitted online at the PRO CLUB website or by mail to Purina. A member may only claim points for promotion of PRO CLUB for one promotion activity on their website every 12 months and for each promotion activity by way of advertisements in journals.
- The points to be allocated for the above activities as at the effective date of these terms and conditions is:
- PURINA PRO PLAN Dog Weight Circles: 150 points per kilogram;
- PURINA PRO PLAN Cat Weight Circles: 175 points per kilogram;
- PRO CLUB Referrals: 250 points per Breeder.
- Promotion of PRO CLUB: per promotion 500 points for advertisement and per annum 1000 points for website.
- All PRO CLUB Points are deemed pending until the required forms and supporting material are received and approved by Purina. Only if the submission for points is approved by Purina will the points become accrued and available for use by the member. All PRO CLUB point submissions will be accrued within twenty-one (21) days of receipt by Purina, if approved by Purina.
- Purina will not be responsible for pre-populated Points Accrual Forms, Weight Circles and other submissions that are lost in the mail, delayed or otherwise misplaced. At the discretion of Purina, submission of pre-populated Points Accrual Forms with attached Weight Circles and other submissions lost in the mail, delayed or otherwise misplaced may be re-submitted with a reprint/photocopy and/or store receipt of purchased PURINA PRO PLAN product.
- PRO CLUB online point submissions that are deemed as pending that do not have the pre-populated Points Accrual Form or other supporting material submitted within 28 days to Purina will become void. To obtain points for such activities, the member must make a new online submission for those points.
- The maximum number of points that a member may accrue is 1 million. To allow for the addition of further points, the member must redeem points.
- PRO CLUB Points may be redeemed for items called 'Rewards' that are displayed in the PRO CLUB Store online and are subject to change at any time. Points required for the redemption of available Rewards are subject to change at the discretion of Purina.
- The following Rewards may be available for redemption through the PRO CLUB Store online:
- PURINA PRO PLAN food vouchers that are redeemable at participating PURINA PRO PLAN stockists in Australia;
- PURINA PRO PLAN dog and cat food;
- Products branded with PURINA PRO PLAN, PRO CLUB or other Purina brands;
- Other PURINA branded products; and
- Other products and/or services at the discretion of Purina.
- Members must have enough valid PRO CLUB points at the time of purchase to redeem a reward from the PRO CLUB Store. Pending points are not available for redemption, until approved by Purina.
- If any Reward item is unavailable in the PRO CLUB Store despite Purina's reasonable endeavours to procure within Australia, then Purina may substitute a different Reward item of equal or greater value or to credit the member with the number of points deducted to redeem the Reward.
- Vouchers are void if altered. Vouchers will expire on the date printed on the Voucher and will not be re-issued if unused (subject to the discretion of Purina).
- PRO CLUB points are not a cash equivalent and do not have a cash value. PRO CLUB points cannot be sold, transferred, assigned or redeemed for cash or monetary value.
- PRO CLUB points if unused after 24 months from approval will be cancelled from a member's total of points.
Delivery of rewards
- Some Rewards may be provided to members directly by the manufacturer or distributor of the Reward ('Direct Provider').
- Rewards will be sent to the address that a Member has provided to PURINA PRO CLUB, unless they instruct PRO CLUB otherwise when redeeming a Reward.
- Reward vouchers may be delivered to a Post Office Box. Other rewards must be delivered to a physical address and the member must comply with the collection requirements from any courier company making the delivery on behalf of Purina.
- Rewards will only be delivered in Australia.
- Purina will endeavour to arrange delivery of Rewards within 28 days from receiving the request for that Reward. If a member's Reward is not received within 28 days after submitting a request for a Reward, the member must notify Purina.
Breeder Assistance - Starter Packs and Litter Assistance
- To apply for The Purina Puppy & Kitten Club®Starter Packs for the member to provide to new owners of puppies or kittens in a new litter ('Starter Packs'), the member must comply with all of the following:
- Been allocated approved points from submitting PURINA PRO PLAN Weight Circles within the three (3) months immediately prior to requesting the Starter Packs;
- Apply online through the PRO CLUB for Starter Packs when:
- Puppies are between 2 and 4 weeks of age, or
- Kittens are between 2 and 6 weeks of age;
- Provide the details for each litter which must include:
- The name of the bitch or queen (including the prefix);
- The date of birth of the puppies or kittens;
- The number of puppies or kittens in the litter;
- The number of puppies or kittens from the litter to be sold in Australia;
- The breed of the litter;
- Only order Starter Packs for the member's own personal litters and not for other persons;
- Only order Starter Packs for the number of puppies or kittens to be sold by the breeder to owners in Australia; and
- Agree to provide to the new owner of the puppies or kittens the complete Starter Pack as supplied by Purina.
- If members do not provide to the new owners of the puppies or kittens the complete Starter Packs as supplied by Purina ('Performance Criteria'), Purina has the discretion to decline further requests for Starter Packs or may cancel membership.
- Members who have multiple litters at one time may request multiple Starter Packs provided the member makes any requests on a per litter basis and subject to the discretion of Purina.
- Members may request Starter Packs for up to five (5) litters per year. Additional Starter Packs are at the discretion of Purina.
- Purina will endeavour to deliver Starter Packs within fourteen (14) days of Purina approving the application for a Starter Pack.
- Members may request litter assistance by way of PURINA PRO PLAN food to assist in the feeding of a litter ('Litter Assistance') only when the member has:
- Successfully applied for one (1) or more Starter Packs for that litter; and
- Previously successfully applied for Starter Packs and met the Performance Criteria as specified above in respect of the last bundle of Starter Packs provided for which there has been sufficient time to meet the Performance Criteria.
- Litter Assistance may be delivered by the way of PURINA PRO PLAN Food vouchers redeemable at participating PURINA PRO PLAN Stockists in Australia or by PURINA PRO PLAN product delivered directly to the member.
- The amount of Litter Assistance supplied to a member per litter is at the discretion of Purina.
- Members may request Litter Assistance for up to five (5) litters per year, further Litter Assistance requests are at the discretion of Purina. Members who receive Starter Packs for more than five (5) litters in a year are not automatically eligible for Litter Assistance for those litters.
- Purina will endeavour to deliver Litter Assistance within fourteen (14) days of Purina approving the application for Litter Assistance.
Variation, discontinuance of membership and cancellation of points
- Purina may at any time change these terms and conditions at its discretion, which may affect PRO CLUB points balance and entitlement to Rewards.
- Purina may suspend or discontinue a PRO CLUB membership by notice to a member at any time. If Purina discontinues a PRO CLUB membership, PRO CLUB points accumulated by that member must be redeemed within two (2) months after the membership is discontinued, after which time they will be cancelled.
- If a membership is discontinued, then if the breeder wishes to be part of PRO CLUB then they must re-apply as new members and even if accepted, they are not entitled to have their prior points re-instated.
- A member may, by notice in writing to Purina, cancel their PRO CLUB membership at any time. If a member cancels their PRO CLUB membership, their points at that time will become invalid.
- Purina may, by three (3) months notice to Members, cancel the PRO CLUB.
- If a Member receives damaged or defective Reward products from PRO CLUB (excluding rewards provided by Direct Providers), they can be exchanged, subject to availability, with PRO CLUB within 28 days after they are delivered to the member. For Rewards provided by Direct Providers, members should look to the manufacturer of any reward products or provider of services redeemed for all warranties.
- These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
- Purina is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss or for personal injury suffered or sustained during the course of using the Reward products, except for any liability which cannot be excluded by law.
- A member is responsible for any tax or duty arising out of membership, including in connection with any rewards.
- In the case of a warranty implied under the Competition and Consumer Act 2010 to the extent permitted by law, Purina's liability is limited to:
- In the case of goods, either supplying the goods again or paying the cost of having the goods supplied again; and
- In the case of services, either supplying the services again or paying the cost of having the services supplied again.
- By applying for membership, a Member accepts that participation in PRO CLUB is at the member's own risk. By participation in PRO CLUB a member releases Purina from all claims and liabilities which may arise in connection with their membership of PRO CLUB.
- It is a condition of membership of PRO CLUB that a member consents and authorises Purina to communicate with that member via email, newsletter, letter, phone and other forms of correspondence to promote to and inform members about PRO CLUB membership, PURINA PRO PLAN, PURINA products and other information that may be relevant or of interest to breeders. Not allowing Purina to communicate with a member entitles Purina to discontinue a membership.
- Members are responsible for ensuring that it keeps information held by Purina for PRO CLUB up to date, including the member's street address, postal address and email address. Purina is not responsible for items lost in transit.
- Members are responsible for ensuring that any correspondence it initiates in regards to the PRO CLUB including any breeder referrals comply with all applicable laws including without limitation the Spam Act and the Privacy Act.
- You must keep your password confidential. You are fully responsible for all activities that occur under your account using your password. If any unauthorised use of a member's account is made, the member must immediately notify Purina.
- If a Member wishes to dispute their PRO CLUB points account balance after a submission for points including for PURINA PRO PLAN Weight Circles that was not approved in full or at all, the member must promptly notify Purina in writing with their concern within 60 days of the submission for points.
- Purina's decision is final and no correspondence will be entered into.
- Purina reserves the right to verify the validity of all members, claims for points and redemption of points. Purina reserves the right to disqualify any individual member for tampering with the application or points processes, including but not limited to providing incomplete or false information, or for otherwise submitting an application, claim for points or redemption of points which is not in accordance with these terms and conditions.
- If for any reason the PRO CLUB is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of Purina which corrupt or affect the administration, security, fairness or integrity of PRO CLUB, Purina reserves the right to suspend the PRO CLUB.
- Purina is not responsible for any problems or technical malfunction of any phone, phone or computer network, or lines, servers, or phone or internet providers, traffic congestion on any phone or computer network, or any combination of them, including the delay or non-delivery of any email or any injury or damage to a member's or any other person's handset or computer related to participation or sending or receiving of any communication or any materials in PRO CLUB.
- Any cost related to accessing PRO CLUB online is your responsibility and is dependent on the internet service provider used. The use of any automated software or any other mechanical or electronic means that allows any person to automatically enter points or claim multiple Rewards repeatedly is prohibited and will render all points or Reward redemptions submitted by that member invalid.
- These terms are governed by the laws of New South Wales, Australia and the parties irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales, Australia and courts entitled to hear appeals from them.
- The promoter is Nestlé Australia Ltd ABN 77 000 011 316 trading as Nestlé Purina PetCare of GPO Box 4320, Sydney, NSW 2001 ('Purina').
Effective date: 21 May 2012