Morrison Rewards Plus Program Terms and Conditions (New South Wales)
1. Overview
1.1 The Morrison Rewards Plus Program operates to acknowledge and provide rewards for regular patrons of the venue. Purchases in the bars, restaurant and gaming room are all eligible for members to accrue points. Points can be redeemed at any time, in accordance with the terms and conditions below. Points cannot be redeemed for cash at any time.
2. Term
2.1 The Morrison Rewards Plus Program is effective from 1 September 2024 and is ongoing until cancelled.
3. Membership
3.1. Membership is free and is limited to one Membership per person.
3.2. Membership is only available to persons aged 18 years or over.
3.3. Sunday Co Staff Members are not permitted to hold a Membership, unless authorised by Sunday Co in its sole discretion.
3.4. A person may apply to become a Member at a Participating Venue by completing a Rewards Program Membership application form and providing appropriate identification information and documents, including without limitation proof of identity and proof of age, in order to confirm the person’s identity, age and eligibility to become a Member.
3.5. Sunday Co may, at its sole and absolute discretion, grant or refuse an application for Membership.
3.6. If Sunday Co is satisfied that a person should be granted a Membership, Sunday Co will immediately issue to that Member a Membership Card.
3.7. Membership will become effective from the time a Membership Card has been issued to a person. Where a Member provides Sunday Co with an email address, Sunday Co will send to a new Member an email acknowledging Membership and providing further information about benefits associated with Membership.
3.8. Sunday Co reserves the right to request a Member to provide appropriate (and updated) identification information and documents at any time.
3.9. Member identification information and documents will be as determined from time to time by Sunday Co at its sole discretion, including detailed ‘know your customer’ information (and verification) about a Member to satisfy the requirements under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act).
3.10. If a person fails to produce identification information and documents to the satisfaction of Sunday Co in its sole discretion upon request at any time, Sunday Co reserves the right to refuse that person’s Membership, or suspend or terminate a Membership (as applicable).
3.11. Each Member undertakes to notify Sunday Co, as soon as possible, through a Participating Venue, of any change of name, address or other identifying details and present appropriate identification information and documents as required by Sunday Co to validate such change.
3.12. Sunday Co may, at its sole discretion, exclude a Member from any Participating Venue.
3.13. Membership is not transferable and all rights or benefits conferred by Sunday Co (including the right to use a Membership Card issued to the Member) cannot be exercised by any person other than the Member named on the Membership Card.
3.14. Sunday Co reserves the right from time to time, to make any changes to the Rewards Program, including changes to Membership, Points or Rewards.
3.15. Sunday Co may, at any time, without notice, cancel the Rewards Program in whole or in part or suspend it for any reason.
3.16. If the Rewards Program is cancelled in whole, and Sunday Co does not replace the Rewards Program, all Memberships are immediately terminated.
4. Termination
4.1. A Member may terminate their Membership at any time in writing addressed to Sunday Co by including their name, date of birth and membership number (located on the back of their Membership Card) together with a clear notice of their intent to surrender their Membership and deliver the same together with their Membership Card to a Sunday Co Staff Member at a Participating Venue.
4.2. Without limitation, Sunday Co may, in its sole discretion, suspend or terminate a Membership, or limit a Member’s participation in any or all Points or Rewards upon notice to the Member, where:
4.2.1. a Member commits a material breach of these Terms and Conditions or any other terms for
the services of Participating Venues;
4.2.2. a Member is no longer permitted to enter a Participating Venue (in whole or part);
4.2.3. a Member has been excluded or barred (by Sunday Co or by way of self-exclusion or by any
other lawful means) from any of a Participating Venue (in whole or part);
4.2.4. a Member is dishonest or offensive;
4.2.5. a Member brings (or is likely to bring) Sunday Co or a Participating Venue into ridicule or disrepute; or
4.2.6. Sunday Co considers, acting reasonably, it is or may be required to do so to act legally
(including in accordance with the requirements of a Government authority).
4.3. Membership will immediately and automatically terminate upon the death or bankruptcy of a Member.
4.4. If a Membership is terminated by Sunday Co, a Member’s Points and Rewards will simultaneously cease.
4.5. To the extent not prohibited by law, if a Membership is terminated by a Member, that Member will have 14 days to redeem unclaimed and accrued Points or Rewards (as applicable), after which all Points and Rewards will cease.
5. Membership Cards
5.1. Each Membership Card is uniquely identifiable to a specific Member.
5.2. Sunday Co will issue a Member with their first Membership Card free of charge.
5.3. Membership Cards remain the property of Sunday Co and must be returned to Sunday Co on reasonable request.
5.4. Membership Cards are not credit or charge cards.
5.5. A Membership Card issued to a Member may only be used by that Member for the purpose of their Membership. A Member cannot authorise another person to use their Membership Card to claim Points or Rewards available on their Membership Card, or for any other purpose.
5.6. It is the sole responsibility of the Member to protect their Membership Card and take precautions against loss or unauthorised use of their Membership Card.
5.7. It is the responsibility of a Member to promptly notify Sunday Co of any lost, stolen or damaged Membership Card or any unauthorised use of a Membership Card. Membership Cards that are reported as being lost, stolen, misused or damaged will be suspended to restrict further use.
5.8. Sunday Co reserves the right to charge a Member for the replacement of any lost or stolen Membership Card.
5.9. If any lost or stolen Membership Card is subsequently found, it must not be used and must be promptly returned to Sunday Co.
5.10. To the extent permitted by law, each Member will be solely liable for, and Sunday Co excludes liability for, any and all claims for any loss or damage that a Member may suffer as a result of any unauthorised use of their Membership Card Points or Rewards.
6. Points and Rewards
6.1. Points and Rewards are offered subject to availability and are subject to change.
6.2. A Member acknowledges and accepts that it is in Sunday Co’s sole discretion as to the basis on which Points and Rewards may be earned, received and redeemed by Members.
6.3. A Member may only earn and take advantage of Points and Rewards as set out by Sunday Co (as varied from time to time).
6.4. Sunday Co may make any changes to the Points and Rewards offered to any Member at its sole discretion, including but not limited to the value of the Points and Rewards.
6.5. Each Member acknowledges and accepts that Members may not receive Points or Rewards on an equal basis.
6.6. Sunday Co may withdraw, limit, modify, cancel, increase or decrease the availability of Points or Rewards at any time in its sole discretion.
6.7. A Member cannot acquire or redeem Points or Rewards on behalf of another Member, or combine Points with another Member to acquire or redeem Rewards.
6.8. The Member acknowledges that Sunday Co and its Related Bodies Corporate are not liable to a Member for the unavailability or withdrawal of any particular Point or Reward.
6.9. Sunday Co reserves the right to place a cap on the Point or Reward earning capacity of any Member.
6.10. Members are responsible for ensuring that their Membership Card is presented at the time of any transaction whereby Points or Rewards may be earned or redeemed, and for ensuring that Points or Rewards have been correctly allocated to their Membership Card. Members must immediately notify Sunday Co of any discrepancies on their Membership Card, and Sunday Co will use best endeavours to rectify those discrepancies.
6.11. A Member may present their Membership Card at Participating Venues to accrue Points. It is the Member’s responsibility to ensure their Membership Card is presented before placing and order at the bar, being seated by the host at a restaurant table, or playing any Gaming Machine. Any purchase or play without a Member presenting their card will not generate Points or Rewards, and those Points or Rewards will not be awarded at a later time.
6.12. Sunday Co takes no responsibility for any losses a Member may incur as a result of playing Gaming Machines at Participating Venues whether by coin, cash or Membership Card.
6.13. Sunday Co will not be liable to any Member for any technical malfunction or other error outside of the control of Sunday Co in connection with their Membership Card which may affect the Points or Rewards associated with a Membership.
6.14. Sunday Co may adjust the value or quantity of a Member’s Points or Rewards if they are not correctly credited to a Member in accordance with these Terms and Conditions, including if they incorrectly accrue in favour of a Member as a result of a technical malfunction or other error outside the control of Sunday Co, or on the suspension, cancellation or termination of Membership.
6.15. Points are not transferable and cannot be redeemed for cash. For the avoidance of doubt, Points earned on Gaming Machines cannot be redeemed for cash or free credits.
6.16. Rewards are not transferrable and cannot be refunded, returned or redeemed for cash or replaced if lost or stolen. For the avoidance of doubt, a Member’s rights under the Australian Consumer Law in respect of those products or services are not excluded, restricted or modified by this clause.
6.17. Any redemption of Points or Rewards by a Member can take place only at a Participating Venue upon presentation by that Member of their Membership Card and appropriate identification to Sunday Co’s satisfaction (in its sole discretion), to confirm the Member’s identity.
6.18. A Member acknowledges and accepts that any product or service offered by Sunday Co in the form of Points or Rewards are subject to general terms and conditions as provided by Sunday Co from time to time. The terms and conditions in respect of those products or services may be available on the Website and/or at Participating Venues.
6.19. A Member acknowledges and accepts that any Rewards supplied by a third party through Sunday Co are offered subject to the third party’s terms and conditions (including as to availability). In the event that a Reward supplied by a third party becomes unavailable, Sunday Co will use its best endeavours to provide a Member with another product or service of equal value.
7. Membership Tiers
7.1. There are currently 3 Tiers of Membership available; Silver, Gold, and Platinum.
7.2. A Member will be automatically granted Silver Tier Membership upon joining the Rewards Program.
7.3. Points for Silver Tier Members will expire on June 30 each year (or at any other date as determined by Sunday Co at its sole discretion). A Silver Tier Member must redeem Points before the expiration date, failing which Sunday Co may adjust the Points balance of that Member to nil. Gold and Platinum Tier Members are exempt from this expiration.
7.4. A Member may qualify for a Tier based on the Member’s activity each month or such other variables as determined by Sunday Co.
7.5. Sunday Co reserves the right to change the name, number or any other details associated with a Membership Tier (including the necessary variables required to qualify for each Tier) at any time in its sole discretion.
7.6. Sunday Co will periodically review the Membership Tier of a Member and may adjust a Member’s Membership Tier in accordance with the qualifying variables set out at Clause 7.4.
8. Promotional Offers
8.1. Sunday Co may make available Promotional Offers from time to time for use by any Member (including where the Member forms part of a group of qualifying Members, for example, a Tier of Members, but to the exclusion of other Members or other Tiers of Members) in its sole discretion.
8.2. Promotional Offers may include the award of, or entitlement to receive, Points and Rewards and may be made available subject to any terms and conditions (including terms as to payment and time periods for availability and use) as Sunday Co may consider appropriate.
9. Privacy
9.1. A Member acknowledges and agrees to Sunday Co collecting, using and disclosing a Member’s Personal Information in accordance with Sunday Co’s Privacy Policy which can be found on its website, www.sundayco.com.
9.2. It is the responsibility of each Member to ensure that Sunday Co’s Privacy Policy is read and understood.
9.3. Personal Information about a Member is collected by Sunday Co for the purposes set out in the Privacy Policy which include (but are not limited to) operating the Rewards Program, promoting Sunday Co products, services, promotions and events, and generally operating the business. A Member acknowledges that Sunday Co may disclose Personal Information to Related Bodies Corporate and third parties whom Sunday Co may engage to assist in those purposes.
9.4. A Member acknowledges that Sunday Co may collect Personal Information under the AML/CTF Act and other subordinate instruments under the AML/CTF Act.
9.5. Information regarding a Member’s gaming activity is maintained and used by Sunday Co in accordance with Sunday Co’s Privacy Policy and other legal requirements, such as AML/CTF Laws and applicable gaming laws.
9.6. Each Member is responsible for ensuring that their Personal Information held by Sunday Co is
correct and complete. Sunday Co’s Privacy Policy contains information about how Members can access their Personal Information as held by Sunday Co and seek correction of such Personal Information.
9.7. For further information about how to gain access to and seek correction of your Personal Information, how Sunday Co uses Personal Information, how to lodge a privacy complaint, how Sunday Co deals with a privacy complaint, the circumstances in which Personal Information may be disclosed overseas or other privacy matters, see Sunday Co’s Privacy Policy available on the Website.
9.8. Player activity statements are available at any time upon request to a staff member.
10. Limitation of Liability
10.1. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement, Sunday Co:
10.1.1. excludes, to the extent permitted by law, any liability which may arise directly or indirectly out of these Terms and Conditions or the Rewards Program (including Promotional Offers), for any direct, indirect, special or consequential loss or damage of any kind suffered or incurred by a Member or any other person (including without limitation, death, injury, loss of revenue, profits, goodwill or opportunities), however that liability arises (including in contract or tort (including negligence));
10.1.2. excludes all express and implied warranties relating in any way, whether directly or indirectly, to the Rewards Program, Membership, Points, Rewards or Promotional Offers; and
10.1.3. accepts no liability of any nature in respect of products or services supplied by third parties as Rewards or Promotional Offers.
10.2. To the extent permitted by law, Sunday Co’s total liability for any loss or damage that a Member suffers or incurs from Sunday Co’s failure to comply with consumer guarantees in connection with the Rewards Program is limited, at Sunday Co’s absolute discretion, to Sunday Co supplying the product or service to a Member again or Sunday Co paying to the Member the cost of having the product or service supplied again.
10.3. Members acknowledge and agree that Sunday Co is not liable for:
10.3.1. a Member’s actions or inactions in their capacity as a Member;
10.3.2. loss of revenue, profit, goodwill, reputation, opportunity, data or information arising out of a Member’s participation, or inability to participate, in the Rewards Program; or
10.3.3. loss or damage contributed to or caused by any actions or inactions of any third party;
10.3.4. loss caused by Sunday Co’s breach of these Terms and Conditions which does not arise in the natural and ordinary course of events, subject to Clause 10.2;
10.3.5. Sunday Co’s failure to meet any of its obligations under these Terms and Conditions, where such failure is due to events beyond Sunday Co’s reasonable control, including without limitation, a network or third party software failure.
10.4. Sunday Co will use best endeavours to ensure that information provided in connection with products and services supplied by Sunday Co as part of the Rewards Program (including Points, Rewards or Promotional Offers) is accurate. To the extent permitted by law, Sunday Co excludes liability for incomplete or inaccurate information in relation to those products and/or services.
10.5. Members acknowledge and agree accept that Sunday Co have limited control over the nature and content of the information that is provided in connection with products or services supplied by third parties. Sunday Co does not monitor such content or information in the usual course of business, and to the extent permitted by law, Sunday Co will not be liable for such content or information.
11. General
11.1. Sunday Co’s decisions in respect of the Rewards Program, its operation or any dispute arising out of, or in connection with it, are final and binding.
11.2. To the extent that any provision of these Terms and Conditions is deemed to be prohibited by law, void or unenforceable, the provision shall be severed from these Terms and Conditions without
affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.
11.3. These Terms and Conditions are governed by the laws of New South Wales and each Member agrees to submit to the non-exclusive jurisdiction of the courts of that State.
11.4. Upon request by a Member, Sunday Co will provide to that Member a gaming activity statement free of charge. If a Member requests an additional copy of any activity statement, a charge may be incurred.
It is the responsibility of a Member to review their gaming activity statement to identify any unauthorised transactions, and to immediately notify Sunday Co of any unauthorised transactions. Any tax liabilities or other duties arising from a Member’s participation in the Rewards Program or the accumulation and redemption of Points, and the receipt of any Rewards are and shall be the sole responsibility of the Member.