Terms and Conditions

1. These Terms are binding on you - These terms and conditions apply to your participation in the NOAKES Compass Card Loyalty Program (Compass Card Program). Your participation in our Compass Card Program indicates your acceptance of these terms and conditions, and has the same force and effect as if you had actually signed these terms and conditions.

2. Understanding these Terms - In these Terms:

   • "Member ID" means the NOAKES Member card and/or tag issued to you;

   • "Program Partner" means a person or organisation which has agreed to offer certain benefits to Members under the Compass Card Program;

   • "we", "our" and "us" means the Noakes Boat and Shipyard Pty Ltd ABN 36 002 057 294 (NOAKES); and

   • "you" means the NOAKES Member who is eligible to participate in the Compass Card Program.

3. Changes in these Terms - We may vary these terms and conditions from time to time without prior notice by updating our. The revised terms and conditions will take effect when they are posted to our website or published. Our website is located at http://www.Compasscard.com.au/ or such other website we may use from time to time.

4. Participation in the Compass Card Program - Under our Compass Card Program, our Program Partners have agreed to provide you with benefits that may include discounts, upgrades or other offers.

   Your participation is at our discretion, and we may accept or revoke your eligibility without prior notice and for any reason, including if you:

   • fail to comply with these terms and conditions or those displayed on a Member ID; or

   • cease to be a Member of NOAKES.

5. Program Benefits - The benefits available under the Compass Card Program are listed in the Compass Card brochure, on our website and in other correspondence and advertising issued by us or by our Program Partners from time-to-time. We take reasonable care to ensure that information we publish in relation to the Compass Card Program is accurate but do not accept any liability relating to information provided by third parties. All descriptions of benefits we publish are based on information supplied by Program Partners.

   All benefits are subject to availability and other terms and conditions which may be imposed by Program Partners. All offers are subject to availability and cannot be used in conjunction with any other offer. These may be communicated by us on behalf of the Program Partner in the media outlined above or by the Program Partner. Unless otherwise stated, no benefit may be used in conjunction with any other offer.

   The benefits are available to Members only and cannot be sold, transferred, assigned or otherwise dealt with except with the consent of NOAKES and the relevant Program Partner.

   To claim a benefit, you must communicate to the Program Partner that you are a Member and that you wish to obtain a benefit under the Compass Card Program as follows:

   • If you contact the Program Partner by telephone, you must notify the Program Partner at the outset of the first telephone conversation that you are a Member requesting the benefits and provide your NOAKES Membership number or Member ID number as required by the Program Partner;

   • In a face-to-face transaction, you must present your Member ID; or

   • In a web-based transaction, you must enter your NOAKES Membership number or Member ID number or other method of identification required by the Program Partner.

   You may be required to telephone in advance or make a booking prior to attending a Program Partner's business and claiming a benefit. Please refer to our "Compass Card" brochure or http://www.Compasscard.com.au/ for any such special conditions.

6. Use of the Member ID - The Member ID is issued by NOAKES and remains the property of NOAKES. The Member ID is not transferable under any circumstances. If there is a validity period on the Member ID, the Member ID may be used only during that validity period. In the event of loss, theft or unauthorised use of your Member ID, it is your responsibility to advise us as soon as possible. You are liable for all use of the Member ID until we are notified of the loss, theft or unauthorised use of the Member ID. NOAKES will not be liable for misuse of a lost or stolen Member ID or any unauthorised use of a Member ID.

7. Program Partners and Transactions - Under the Compass Card Program, we arrange for Program Partners to offer certain benefits to Members. Program Partners are not the agents of NOAKES and have no authority, express or implied, to bind NOAKES or to make any representations, warranties or statements on our behalf.

   We are not a party to any transactions entered into between a Member and a Program Partner and are not responsible for any such transactions, but we reserve the right to monitor complaints and disputes. We are not liable in any way for:

   • any use of your Member ID by another person;

   • any failure by you to notify a Program Partner that you are seeking a benefit under the Compass Card Program when purchasing goods or services;

   • a Program Partner not offering or making a benefit available for any reason;

   • a failure by a Program Partner to comply with the terms of any transaction entered into with you; or

   • the suspension and/or termination of the Compass Card Program.

   We make no warranties, whether express or implied and whether arising under legislation or otherwise, nor shall we be liable in any way in respect of the condition, suitability, quality, fitness or safety of any goods or services supplied under the Compass Card Program to you by a Program Partner.

   Any liability relating to the payment of tax, including GST, which arises from your participation in the Compass Card Program by virtue of your purchasing any goods or services from a Program Partner, is your responsibility.

8. NOAKES Invitation - By participating in the Compass Card Program you consent to receive information from NOAKES in relation to special promotions, including offers from a wide range of Program Partners from time to time. This information may be provided via mail, email, SMS or telephone. If at any time you no longer wish to receive special promotions, you may opt-out by contacting us in any of the following ways:

   • by writing an email to admin@compasscard.com.au;

   • by calling (02) 9925 0306; or

   • by using an unsubscribe facility on an email or SMS.

9. Member's Obligations and Responsibilities -

   • You are responsible for the use of the Member ID, and any breach of these terms and conditions.

   • You must not:

     • abuse or misuse the Compass Card Program, any benefits, facilities, services or arrangements accorded to you as a result of the Compass Card Program;

     • act in any way which is likely to be detrimental to the interests of NOAKES, Program Partners or the Compass Card Program;

     • supply or attempt to supply any false or misleading information, or make any misrepresentation to us;

     • sell, assign, transfer or acquire, or offer to sell, assign, transfer or acquire any Program benefit other than in accordance with these terms and conditions; or

     • act in any way which, in our reasonable opinion, breaches or is likely to breach these terms and conditions or is inconsistent with the intent of these terms and conditions.

10. Privacy - By using your Member ID in conjunction with the Compass Card Program, you consent to:

    • the Program Partner collecting certain information relating to your transaction(s) and transferring it to us; and

    • the use of such information by us.

    The information collected may include your Membership number, the date and time of your transaction and details of purchases, benefits obtained by you, and other information relating to the transaction (Transaction Information).

    All Program Partners are required to only use the Transaction Information for the purposes of the Compass Card Program. We may use the Transaction Information for the purpose of administering the Compass Card Program, tracking your use of the Compass Card Program and providing a range of services relating to the Compass Card Program.

    We may also use the Transaction Information (together with other personal information collected from you) for the purpose of providing communications (including marketing) and specific services tailored for you. If you have already chosen not to receive marketing information from us, we will continue to abide by your wishes. If you wish to learn how to opt out of receiving marketing information, or to change your preferences, or to make an inquiry or complaint or to obtain a copy of our Privacy Policy, please read our full privacy statement.

    Program Partners will not have access to your name and address unless you agree to provide it to them. We take no responsibility for any information you may give to any Program Partner. We are in no way responsible or liable for the acts or omissions of the Program Partners. You should therefore refer to the privacy policies of Program Partners for information on how they handle your personal information.

    Where any of the above information comprises "Personal Information" under the Privacy Act 1988, it will be handled in accordance with our Privacy Policy which is published at www.noakes.net.au/privacy_policy. NOAKES uses contractors, agents and suppliers to assist us in servicing you. These parties may require access to some of your personal or confidential information. In such cases we require these parties to maintain confidentiality and not misuse information. Examples of these parties include our computer system support companies.

11. Suspension or Termination - We may suspend or terminate your eligibility to participate in the Compass Card Program and your use of the Member ID without notice and for any reason, including if you:

    • do not comply with these terms and conditions;

    • do not comply with the conditions of any product or service offered by a Program Partner or for the Compass Card Program; or

    • cease to be a Member of NOAKES.

    In such circumstances, we may cancel and/or refuse to honour any Program benefits that have been redeemed by or provided to you. Subject to applicable laws, we will not be liable to you or any third party for any loss or damage whatsoever suffered by any person as a result of any such suspension, termination or cancellation.

12. Warranties and Liabilities - To the extent permitted by law:

    • either the NOAKES, nor its licensors or employees or related bodies corporate, make any representations or warranties as to the accuracy, reliability, completeness, currency or timeliness of the Compass Card Program, or any communications provided on or via the use of our website or brochures; or

    • NOAKES excludes all conditions and warranties, express or implied by law (statutory or otherwise) and any liability for any loss or damage suffered in connection with the use of the Compass Card Program;

    • neither NOAKES, nor its licensors or employees, accept any liability for any injury, loss or damage incurred by:

      • participation in the Compass Card Program;

      • use of or reliance on any benefits provided by the Program Partners in the Compass Card Program, whether arising from negligence or otherwise. If any law prohibits the exclusion of such liability, NOAKES limits its liability, to the maximum extent possible, to the resupply of the relevant services or paying for the relevant services to be resupplied; and

      • you indemnify NOAKES from and against any losses, damages, costs and expenses incurred by it in connection with your breach of these terms and conditions or any other legal obligation by you, or your use of or conduct in the Program.

13. Severability - Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this agreement is not affected.

14. Waiver - Our failure to exercise or enforce any one or more of our rights under these terms and conditions will not constitute a waiver of such rights unless such waiver is granted by us in writing.

15. Complaint Procedure - Any complaints you have in relation to a benefit offered by a Program Partner are between you and the Program Partner. Please contact the relevant Program Partner in such a case. If you wish to lodge a complaint about the Compass Card Program then contact us directly via the contact details set out below.

16. Contact Details - If you wish to contact us please use any of the methods below:

    • Email: admin@compasscard.com.au

    • Mail: Manager Compass Card
      6 John St
      McMahons Point NSW 2059
      

    • Telephone: (02) 9925 0306

17. Governing Law - These terms and conditions are governed by the laws of New South Wales, Australia. We and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.