Club Cignall Terms and Conditions

OVERVIEW
1. The Club Cignall Loyalty Program (“Club Cignall”) is a loyalty program which is operated by Cignall Pty Ltd (“Cignall”).

2. By registering with the Program on Club Cignall’s website, and/or by downloading and/or using a compatible Application, you agree to these Terms and Conditions and are bound by all of them, as may be changed from time to time, and you consent to Club Cignall’s collection and use and disclosure of your personal information in accordance with the separate Cignall Privacy Policy as may be amended from time to time and incorporated herein by reference. Further, you acknowledge and accept these Terms and Conditions as a condition of continued membership.

3. The Program is only available in those participating Franchises listed on the Cignall website. Cignall may vary the number of location of Franchises that offer the Program and shall notify any changes to Members via the website

4. The Program is for non-tobacco related purchases only.  Tobacco related purchases are considered as;

  1. Tobacco Products
  2. Non-Smoking Tobacco Products
  3. Smoking Accessories
  4. E-cigarettes
  5. E-cigarette Accessories

MEMBERSHIP ENROLMENT, ACTIVATION AND ELIGIBILITY
5. Eligible individuals enrol in the Program and become a Club Cignall Member (“Members”) by:

a) downloading the Club Cignall Application (‘App’) for compatible smart phones and devices or collecting a card (‘Card’) from a participating Cignall Franchise;
b)in the case of the App, following the prompts to complete registration as a member and then activating their virtual card in store by scanning it;
c) in the case of the Card, activating the card in store by scanning it and then visiting the Club Cignall website at https://www.clubcignall.com.au and registering their details;
e) Only a person is eligible to enrol as a Member.

6. To be eligible to participate in the Program, a person must have a valid Australian address, a valid email address and be 18 years of age or older.

7. By enrolling in the Program, Members consent to receive Club Cignall emails, push notifications, and SMS communications containing special offers about the Program and its rewards and services.

8. Membership is non-transferable, is not redeemable for cash, and is non-refundable.

9. No fees will be charged by Cignall for the issue, registration, activation or use of the Card or App. Members are responsible for any costs charged by their service provider for Internet access to use the App.

10. Membership is a privilege which can be revoked by Cignall in its sole discretion at any time and without compensation for any reason including without limitation, for abuse or breach by a Member of any of the Terms and Conditions of the Program or any other actions deemed by Cignall, acting in its sole discretion, to be contrary to Cignall, the Program or the interests of its Members or partners.
YOUR ACCOUNT

11. Upon registration, an account will be created for the Member (“Account”)

12. There is a strict limit of one (1) registered Account per Member. Each Account requires an independent email address.

13. Each Member shall be responsible for updating their Account to reflect any change of their name, mailing address, email address, mobile phone number or any other required membership enrolment data. Members update their details on a self-service basis by visiting clubcignall.com.au

14. Should a password relating to an Account be lost or forgotten, Members should go to clubcignall.com.au, follow the prompts to update their password.
BENEFITS

15. A Member may not gain any features, promotions, offers or recognitions offered under the Program (“Benefits”) from activities or purchases undertaken on behalf of a business.

16. Individuals must become and remain a Member of the Program to participate in the Program and earn and redeem Benefits

17. Cignall specifically reserves the right to amend, alter, withdraw or terminate the Program, any Benefits or these Terms and Conditions either with or without notice. Any such changes may affect Benefits, which you may have previously accumulated, as well as any future accumulation of Benefits. Enrolment, membership and all related Benefits of the Program are offered in the sole discretion of Cignall.

CARDS AND THE APP

18. The Card and the App will be accepted in participating Cignall Franchises across Australia.

19. Cignall reserves the right not to accept a Card or App should we believe that the use is unauthorised, fraudulent or otherwise unlawful.

competitions & prizes

From time to time, Cignall may, in its absolute discretion, conduct various reward offers, promotions and discount offers which will be open to Members (or selected Members) only, on non-tobacco related products

Permit Approvals: ACT: TP 18/01788, NSW: LTPM/18/03566

DEACTIVATING YOUR ACCOUNT AND MEMBERSHIP

32. If a Member does not use their Account for a period of twelve (12) months that Account will expire and be deactivated. You may be contacted three (3) months before the set expiry date and encouraged to make a transaction to reactivate the Account. Cignall will automatically close the Account after twelve (12) months of no transactions.

33. Members can opt out of Club Cignall at any time via the Club Cignall website, https://clubcignall.com.au

LOST OR STOLEN MEMBERSHIP CARD

34. In the case of a lost or stolen Card, Members should contact Club Cignall to report the lost card & request a replacement. The lost membership card will be cancelled. Club Cignall administration will transfer existing membership details to the new membership card and mail out to member.

GENERAL

35. Cignall assumes no liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to the Program or by reason of the termination of or amendment to the Program in whole or in part, the addition or deletion of reward partners or other features with or without notice.

36. Neither Cignall nor its Franchisees or employees shall be responsible for any failure of the https://www.clubcignall.com.au website or for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any email, online or Internet entry. In addition, neither Cignall nor its Franchisees and employees shall be responsible due to technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the Program. Cignall reserves the right, at its sole discretion, to cancel or suspend this Program should a virus, bug or any other cause beyond the reasonable control of Cignall corrupt the security or proper administration of the Program.
TERMS AND CONDITIONS

37. Cignall’s decisions in relation to all matters arising under this Program are final and binding, and no correspondence will be entered.

38. Cignall reserves the right to change or revise these Terms and Conditions at any time without prior notice.

39. If the Program is suspended or cancelled at any time Cignall may notify members via email or the relevant section of the Cignall or Club Cignall website.

40. If for any reason the Program is inoperable (including but not limited to computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures) Cignall reserves the right in its sole discretion to disqualify any individual who tampers with Cignall systems, and to cancel, terminate, modify or suspend the Program. This includes causes beyond the control of Cignall which corrupts or affects the administration security, fairness, integrity or proper conduct of this Program.

41. Cignall shall not be liable for any loss or damage caused (including but not limited to indirect or consequential loss) or for personal injury sustained as a result of participation in the Program. This includes use of a Card or App, accepting a reward or other entitlement, or using a discount offer under the Program, except for any liability which cannot be excluded by law.

42. Cignall will not be held liable for any communication to any Member that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on a Member’s email account or other system configuration problems.

43. Cignall is not responsible for any problems or technical malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet. This includes (but not limited to) any injury or damage to a Member’s or any other person’s computer related to or resulting from participation in or down-loading of any materials in this Program.

CLUB CIGNALL PRIVACY POLICY

This website is owned by Cignall Pty Ltd (ACN 111 443 933) (“Cignall”). Cignall respects the privacy of individuals and treats your Personal Information with respect and integrity. This privacy policy (“Privacy Policy”) sets out the way in which Cignall collects and handles your Personal Information and complies with the Privacy Act 1988 (Cth).

This Privacy Policy also relates to Personal Information collected through the Club Cignall membership and loyalty program accessible through this website (‘Program’).

  1. Collection of Personal Information

1.1     By using Cignall’s website, becoming a member of the Program or otherwise engaging our services, you consent to the collection of your Personal Information in accordance with this Privacy Policy.

  • You have the option of remaining anonymous or using a pseudonym unless you are obliged to identify yourself under law, or not identifying yourself is impractical in the circumstances.
  • Cignall may collect and hold the following personal information (“Personal Information”):
  • Name and position within a company;
  • Australian Company Number and/or Australian Business Number;
  • Residential and/or business address;
  • Phone and/or facsimile number;
  • Email address;
  • Information provided to Cignall through social media;
  • Needs and personal preferences of members of the Program; and
  • Any additional information provided to Cignall.
  1. Use of Personal Information

2.1     Cignall uses the Personal Information for the purpose for which it was specified or reasonably apparent at the time when the Personal Information was collected. The Personal Information may be used in respect to the following:

  • answering enquiries made through the website or by telephone;
  • assisting the offering of products and services by Cignall or its related entities, contractors, agents and/or employees;
  • communicating promotional offers, changes to terms and conditions, marketing information or special events, and information about the Program;
  • administration of the Program including management of accounts, processing of prizes, offering members special offers and rewards from Cignall and its reward partners, and tracking member participation in promotions and competitions;
  • recommending our products and services, or the products and services of third parties we select that may be of interest to members of the Program;
  • responding to feedback, complaints and enquiries; and
  • using for administrative, marketing, planning, service or product development purposes.
    • Cignall will obtain consent before using Personal Information for a purpose that has not been specified, unless the new purpose is required by law.
    • You may advise Cignall if you do not wish to receive any promotional offers or marketing information from Cignall by following the relevant unsubscribe instructions contained in electronic communications received from Cignall or otherwise emailing clubcignall@cignall.com.au.
    • Regardless of whether you opt out of receiving promotional offers and marketing communications, you consent to receiving necessary communications such as service announcements and information pertaining to your transactions.
    • We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are required or authorised by or under law, and for which you have provided consent.
  1. Technology
    • Cignall does not use tracking technologies such as cookies on its websites to collect information about user behaviour. This website does not collect personal information about people who access the website, except where personal information is voluntarily supplied.
    • The stored information is not used by Cignall to target advertising to you within or outside of the website.
  1. Disclosure of Personal Information

4.1     Where appropriate and required, Cignall may disclose your Personal Information:

  • to other associated Cignall entities;
  • to Cignall’ suppliers, agents or contractors in connection with or for the purpose of Cignall’ business;
  • to any debt collection organisation;
  • where the law requires or authorises Cignall to do so; and
  • to any other third party notified by you at the time of or after collecting your Personal Information

and if Cignall believes, at its sole discretion, that disclosure is necessary or appropriate to:

  • prevent harm or loss, financial or otherwise;
  • respond to a serious state of emergency; or
  • prevent or mitigate illegal or criminal activity.

4.2     Cignall may share aggregated and anonymised member data (which was collected during participation in the Program) with third parties so long as that aggregated and anonymised member data cannot be reasonably traced back to an individual.

4.3     Personal Information about members of the Program is considered a Cignall asset. If our business is transferred to a new owner, Personal Information of members may be transferred to and considered an asset of the new owner.

  1. Access to and Correction of Personal Information

5.1     Cignall will take reasonable steps to ensure that your Personal Information is accurate, up to date and complete. However, Cignall relies on you advising of any changes or inaccuracies of your Personal Information. Please advise us if you are of the view that any of your Personal Information requires updating or correcting by:

5.2     Members may opt out of receiving e-newsletters and SMS communications relating to the Program during the registration process or at any time thereafter by contacting Cignall.

  1. Security of Personal Information

6.1     Cignall will take reasonable steps to protect your Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure (other than set out in the Privacy Policy).

6.2     No data transmission over the internet can be guaranteed to be 100% secure.  As a result, while Cignall strives to protect your Personal Information, Cignall cannot ensure or warrant the security of any information you transmit to Cignall over the internet, and you do so at your own risk. Once Cignall receives your transmission, Cignall makes its best effort to try and ensure the information and Personal Information security both on Cignall’s systems and while in transit between Cignall’s systems and the companies who provide Cignall with the various systems.

6.3     If Cignall becomes aware of an eligible data breach, Cignall will assess whether the breach is likely to result in serious harm to the individual whose personal information has been compromised. If such assessment divulges that there was a data breach which is required to be reported under the Australian Privacy laws, Cignall will accordingly report the breach to the Office of the Australian Information Commissioner and the individuals to whom the breach relates (where that individual’s contact details are accurate).

  1. Complaints Procedure

7.1     If you require further information or wish to make a complaint about a breach of the Privacy Policy or the Privacy Act 1988 (Cth) by Cignall, please contact clubcignall@cignall.com.au. The Co-ordinator will investigate your complaint and determine how it can be resolved.

7.2     Should you not be satisfied with the way your complaint was handled or determined, you may contact Cignall or, alternatively, contact the Australian Information Commissioner via www.oaic.gov.au.

  1. Changes to Privacy Policy

8.1      Cignall may amend this Privacy Notice from time to time. The current version will be posted on the Cignall™ website https://clubcignall.com.au/ and a copy may be obtained by contacting Cignall at clubcignall@cignall.com.au.