JDE CUSTOMER REFERRAL PROGRAMME (Referral Programme)

JDE Details	Jacobs Douwe Egberts Professional Australia (JDE) Level 1, 80 Pacific Highway North Sydney, NSW 2060 ABN 82 051 278 409
General	JDE offers the Referral Programme to businesses or individuals who are interested in referring other businesses to purchase coffee, tea or other incidentals through JDE. These Referral Programme Terms and Conditions (Terms and Conditions) govern the participation by these businesses or individuals who refer (Referrers) and the individuals who are referred (Referees or Referrals) by the Referrers.
Acceptance	By participating in the Referral Programme, Referrers and Referrals agree to be bound by these Terms and Conditions.
Programme Period	Start Date: 1 January 2025 End Date: the Referral Programme may be terminated or changed at JDE’s discretion at any time without notice.
Eligible Referrers	The Referral Programme is only open to Referrer’s that are an Australian business or individual approved by JDE and who have received an email or a promotional flyer from an authorised employee within JDE inviting them to participate in this Referral Programme.
Eligible Referral	The Eligible Referral must: ·       be a business located in Australia; ·       not be an existing customer of JDE; ·       be a business who sells at least 15 kg of coffee per week; ·       consent to these Terms and Conditions; and ·       sign up and agree to a two (2) year supply contract and place a first order.
How to Refer	The Eligible Referrer must refer an Eligible Referral to JDE within the Programme Period.   Eligible Referrers will receive a flyer or other marketing materials that will instruct the Eligible Referrer on how to contact any Eligible Referrals and to provide them with marketing assets that contain a QR code.  The Eligible Referral must scan the QR code and successfully fulfil and submit the online questionnaire.
Referral Gift and Sign-On Bonus	For each Eligible Referral that results in a successful conversion as a new JDE customer: the Eligible Referrer may receive one (1) AUD 1,000 EFTPOS gift card (Gift); and the Eligible Referral may receive a sign-on bonus consisting of its first weekly coffee order being free (up to 15kg of coffee) (Sign-On Bonus).  This will be stipulated in the two year supply contract between JDE and the Eligible Referral. For the sake of clarity, a successful conversion means a signed two (2) year contract between JDE and the Eligible Referral and with their first order already having been placed.  Where the Eligible Referrer is a business, the Gift will either be awarded to the owner or the manager or the café’s JDE representative (as determined by JDE).
Representations	By participating in the Referral Program, the Eligible Referrer represents and warrants that it has a personal relationship with its Referrals(s) or otherwise has the necessary consents to provide the Referrals(s) information to JDE as part of the Referral Programme.
Multiple Referrals Permitted	There is no limit to the number of times an Eligible Referee can use this Referral Programme or the number of café owners that can be referred.  This is subject to one Gift and Sign-On Bonus per Eligible Referral.
Restrictions	The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers and Referrals from earning the Gift or Sign-On Bonus through the Referral Program: (a) self-referral;  (b) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (c) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or "spam"; (d) posting information about the Referral Programme on any page that is not owned and controlled by you, including, but not limited to, any merchant, Facebook, or forum page; (e) placement of JDE logos or mention of JDE trademarks or trade names in any ad text, extensions or banner ads; (f) misleading or attempting to mislead anyone in connection with the Referral Programme, including, but not limited to, misrepresenting any relationship with JDE or posing as JDE’s representative in an official capacity; and (g) taking any action or making any content that is disparaging or defamatory to JDE (including any JDE brands).  Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals.
Reservation of Rights	JDE reserves the right to withhold, deny or cancel any Gift or Sign-On Bonus if JDE, in its sole discretion, deems any action taken by the Referrer or Referral  as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms and Conditions or any other applicable law or regulation. JDE’s decisions are final. In the event that there is a dispute concerning the conduct of the Referral Programme, JDE will resolve the dispute in direct consultation with the Referrer or Referral (as appropriate). If the dispute cannot be resolved JDE’s decision will be final (to the maximum extent permitted by law).
Termination	JDE reserves the right to suspend or terminate the Referral Programme or to change these Terms and Conditions at any time and for any reason in JDE’s sole discretion.
Liability	JDE and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Referral Programme or accepting or using any Gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
Privacy Policy	By participating in the Referral Programme, all personal information submitted such as names and email addresses, shall be subject to JDE’s Privacy Policy.  JDE’s Privacy Policy can be found here:     https://www.jacobsdouweegbertsprofessional.com.au/privacy-cookies/

Standard Terms and Conditions

1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claiming a gift in the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.
   
   
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
   
   
3. Valid and eligible claims will be accepted during the Promotional Period, while gift stocks last.
   
   
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to claim. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
   
   
5. No part of a gift is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
   
   
6. The gift will either be awarded to the owner or the manager or the Promoter's store representative of the winning store (as determined by the Promoter).
   
   
7. Claimants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the claimant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy. The Promoter's Privacy Policy contains information about how the claimant may access, update and seek correction of the personal information the Promoter holds about them and how the claimant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about claimants to enable them to participate in this Promotion and may disclose the claimants' personal information to third parties including its contractors and agents, gift suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the claimant does not provide their personal information as requested, they may be ineligible to enter or claim a gift in the Promotion.
   
   
8. If a gift is provided to the Promoter by a third party, the gift is subject to the terms and conditions of the third party gift supplier and the provision of the gift is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the gift at the time it is issued to the claimant will prevail over these Conditions of Claim, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the gift, any delay or failure relating to the gift itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.
   
   
9. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
   
   
10. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected claims, or suspend or modify a gift, subject to State or Territory regulation.
    
    
11. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant's details (including a claimant's identity, age and place of residence). In the event that a claimant cannot provide suitable proof as required by the Promoter to validate their claim, the claimant will forfeit the gift in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim a gift. Claims containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to claim a gift. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.
    
    
12. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the claimant. If the dispute cannot be resolved the Promoter’s decision will be final.
    
    
13. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
    
    
14. The claimant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
    
    
15. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the gift or acceptance of the gift.
    
    
16. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.