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| Terms and Conditions |
Bayer Accelerate Program
Effective 1 September 2006 Terms and Conditions.
1. Definitions
Bayer, We, Us – Bayer Australia Limited (ABN 22 000 138 714).
Member, Practice – a member of the Bayer
Accelerate program.
Enrolment Date – the date on which Bayer
confirms acceptance of the application for enrolment in the
Bayer Accelerate program.
Enrolment Year – the 12-month period commencing
on the Enrolment Date and each successive 12-month period
thereafter.
Capital – Marketing Capital gained by inputting
purchasing activity into your Practice Marketing Account.
Practice Marketing Capital – the Practice
designated by Bayer as such and for which the statement issued
details the combined capital for all purchasing activity
as entered into the Accelerate Marketing Capital Account
by the Practice.
Program – The Bayer Accelerate program.
Program Marketing Account – the Program
Marketing Account(s) opened for a Practice by Bayer for the
purpose of accruing Marketing Capital.
You, Your – means the Practice member in
whose name an account is opened.
2. Eligibility and Enrolment
2.1 Participation in the Bayer Accelerate program is by invitation and subject
to the approval of Bayer. You may participate in both Accelerate Your Learning
and Accelerate Your Marketing at the same time.
2.2 Individual practitioners and Practices may participate in the program.
3. Capital Accrual
3.1 Except for promotional offers and if enrolled in the Bayer Accelerate program,
you will accrue Marketing Capital in the Program Marketing Account for every
one Australian dollar (AUD 1) spent on Bayer goods and services and entered into
the Accelerate Marketing Capital tally on the www.bayeraccelerate.com.au website
subject to the following exclusion. No Marketing Capital will accrue in respect
of:
- purchases processed and billed prior to the Enrolment
Date.
3.2 Adjustments will be made to the Marketing Capital accrued in a Program Account
if there are any credits posted to your wholesaler account including those arising
from returned goods or services or from billing disputes.
3.3 Marketing Capital accrued in a Bayer Accelerate Marketing Account is not
your property and is non-transferable, whether by operation of law or otherwise,
either to any other person or entity or Program Account.
3.4 Marketing Capital accrued in the Program Marketing Account will have no monetary
value.
4. Capital Expiration/Transfer
4.1 Marketing
Capital accrued in your Program Marketing Account for any given year will
expire on the anniversary of the date it was deposited.
4.2 Subject to these Terms and Conditions, if you cancel your enrolment, unused
Marketing Capital may be invested for up to 30 days after the date of cancellation.
5. Notice of Accumulated Capital
5.1 We will notify you of the Marketing Capital accrued in the Program Marketing
Account in a monthly Bayer Accelerate program statement.
6. Investing in Marketing Activities
6.1 Marketing Capital may be invested in marketing activities as offered by the
program.
6.2 All activities are subject to availability and restrictions may apply.
6.3 Upon investing in a marketing activity, you agree to release us, and our
subsidiaries and affiliates, from any and all liability in respect of the investment
or use of such marketing activity or other participation in the program.
6.4 Any dispute concerning goods or services received as an activity under the
program shall be settled between you and the merchant and/or supplier, which
supplied the goods or services. We will bear no responsibility for resolving
such disputes, or for the dispute itself.
6.5 We are not responsible for lost or stolen marketing items.
6.6 Once you have invested your Marketing Capital in a marketing activity it
is not exchangeable for another activity, refundable, replaceable, or transferable
for cash or credit under any circumstances.
6.7 We reserve the right in our sole discretion to cancel, change, suspend or
substitute marketing activities or their conditions at any time with or without
notice.
6.8 The amount of Marketing Capital required for any particular marketing activity
is determined by us, and is available on request and may change from time to
time. The transfer of Marketing Capital will be administered solely by us and
will be processed as soon as practicable.
7. Accelerate Your Marketing Program Account
7.1 If you are in breach of the program terms and conditions, then the Marketing
Capital accrued in the Program Marketing Account relating to and your enrolment
in the program may be cancelled.
8. Privacy and Personal Information
8.1 The Bayer Australia Limited Privacy Statement sets out policies on management
of personal information. In accordance with the Privacy Act, you can access personal
information about you held by Bayer Australia Limited, and advise if you think
it is inaccurate, incomplete or out-of-date.
To arrange access to personal information about you, request a copy of the Bayer
Australia Limited Statement or enquire generally about privacy matters, write
to:
- Privacy Officer of Bayer Australia Limited
- Address: Bayer Australia Limited
PO Box 903
Pymble
NSW 2073
Australia
- Phone: +61 (0)2 9391 6005.
8.2 In this section ‘personal information’ means information about you, including
your Practice purchases and the use and administration of the program. You agree
that, subject to the Privacy Act, our agents and we may do the following:
- Marketing lists. Use personal information for marketing purposes within
Bayer. This includes putting your name and contact details on marketing lists
for the purpose of offering you goods or services of Bayer companies or suppliers.
Please call us on 02 9954 7055 if you wish us to remove your name from our
marketing lists.
- Our service providers. Transfer personal information confidentially to
our related companies and other organisations, which issue or service the
program, subject to appropriate conditions of confidentiality. This includes
transferring personal information to the United States or other countries
for data processing and servicing.
- Call monitoring. Monitor and record telephone conversations from time to
time, for the purposes of service quality and coaching.
9. General
9.1 We assume no responsibility for any loss of whatever nature resulting from
the investment in program marketing activities.
9.2 We reserve the right to suspend or terminate the Accelerate Program at any
time we deem appropriate. In such a case, we shall give advance written notice
to you.
9.3 We reserve the right to change the Program Terms and Conditions at any time
including, but not limited to, marketing activities and the Marketing Capital
required to participate.
9.4 Fraud and abuse relating to the earning of Marketing Capital in the program
or investment in marketing activities may result in forfeiture of accrued Marketing
Capital as well as cancellation of the Program Account.
9.5 You are solely responsible for any government tax, duty or other charge imposed
by law in any country in respect of the program, your participation in the program,
any Marketing Capital acquired or investment or any other transaction within
the program.
9.6 All questions or disputes regarding eligibility for the program or the eligibility
of Marketing Capital for accrual or investment in marketing activities will be
resolved by us at our sole discretion. Any such questions or disputes must be
brought to our attention and resolved within 12 months. Additionally, any Marketing
Capital disputes must be raised and resolved within 12 months from when the Marketing
Capital
is first credited to or deducted from the Program Account.
9.7 The Program Account is not transferable.
9.8 Our failure to enforce a particular term or condition does not constitute
a waiver of that term or condition by us.
9.9 These terms and conditions are governed by the laws of New South Wales, Australia. |
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