Hardys Rewards Pty Ltd:

Membership T&C

Last updated: 14 February 2025

1.    Introduction

• By using:
  1. this website (located at hardysrewards.com) (Website), any related websites or URLs and any social media platforms owned or operated by us (together the Sites);
  2. our services from time to time (Services); or
  3. by purchasing a membership package (Membership Package(s)) from us, you agree to be legally bound by these terms and conditions (Terms).
• By agreeing to these Terms, you are entering into an agreement with Hardys Rewards Pty Ltd (ACN 682464491),including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Hardys Rewards or we or us).
• By accessing or using our Website and Services, you warrant and represent to us that:
  1. you have read, understand and agree to be bound by these Terms;
  2. you are over the age of 18 years old; and
  3. you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
• All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these You agree to comply with all such terms and conditions when accessing our Website or using our Services.

2.    Membership Packages

• We offer the following Membership Packages on our Website for you to purchase:
  1. Ongoing Package – This Membership Package is an ongoing membership package with Hardys Rewards which is renewed monthly from the date of purchase and provides you with ongoing benefits as detailed on our Website (Ongoing Package) for the period of time your ongoing membership remains active; and
  2. One-Off Package – This Membership Package is a one-off short-term membership package with Hardys Rewards (One-Off Package). For the avoidance of doubt, the One-Off Package is not ongoing and are solely a one-off purchase for access to special offers for the specific duration the One-Off Package is available for.
• Each Membership Package detailed above, will be available to you for the specific period of time as detailed in the respective Membership Package found on Membership Page (Membership Duration).
• Each Membership Package provides you with access to specific benefits and inclusions for the Membership Duration as set out on the Membership Page. Before purchasing a Membership Package, it is important for you to carefully read and understand the benefits of each Package or please contact us if you need any assistance. It is your responsibility to ensure that the Membership Package you purchase meets your requirements.

Gladwin Legal | www.gladwinlegal.com.au

A: PO Box 302, Ormond, VIC, 3204 | E: info@gladwinlegal.com.au | P: 1300 033 934

Liability limited by a scheme approved under Professional Standards Legislation.

• Subject to clause 2.5, purchase of a Membership Package gives you the following non- exhaustive list of benefits, depending on the Membership Package purchased by you:
  1. Access to Hardys Rewards Partner discount programs with retailers;
  2. Exclusive discounts on Hardys Rewards merchandise; and
  3. Access to member-exclusive
• We have outlined the benefits which you may have access to in clause 2.4 above depending on the Membership Package you hold, however, please note that your access to these benefits is based on your compliance with these Terms and may be subject to change at our sole discretion in accordance with clause 2.9.
• By purchasing any Membership Package, you will automatically receive one or several entries into the competition(s) run by Hardys Rewards. The number of entries received is set out on the Website and will depend on the Membership Package purchased. In addition to the free entries received under the Membership Package, entrants who purchase an Ongoing Package will also receive accumulating entries for their Membership Duration, as set out on our
• If you select to upgrade your Membership Package, for example from a One-Off Package to an Ongoing Package, you agree to the new fees and inclusions notified to you at the time of such upgrade and the renewal period will be based on the upgraded Membership Package.
• The Membership Package fees may be amended from time to time on our Membership Page in accordance with clause 4,1 and any changes will come into effect from the next billing If you do not agree to the updated details, you must notify us before the end of your current billing cycle and your Membership Package will be terminated. It is your responsibility to check the Membership Page before the end of your current billing cycle.
• You agree that we may update the details, benefits and inclusions in our Membership Packages at any time by updating the Membership Page and that any changes will apply to all Membership Packages purchased, renewed or extended after the date of the publication of the new Membership Package details. If you do not agree to the updated details, you must notify us within seven (7) days of publication of the new Membership Package details on our Membership Page. It is your responsibility to check the Membership Page If you do not agree to the new details of the Membership Package your Membership will terminate at the end of the current billing cycle.
• By selecting a Membership Package and paying the purchase price at checkout you will have access to all the benefits of your chosen Membership Package for the relevant Membership Duration which will be applicable to you.
• To access and use your Membership Package you will need to register for an account on the Website (Account) by completing your details at checkout from the Membership Page.
• The fees for your Membership Package will be dependent on the Membership Package you choose at checkout, and once purchased the fees will be as specified on your Account dashboard, plus any applicable taxes or duties (Fees).
• Subject to you paying the Fees, your Membership Package will commence from the date you paid the Fees and will continue for the Membership Duration.
• If you selected a One-Off Package and you either upgrade to an Ongoing Package or purchase another One-Off Package before the expiry of your current Membership Package’s Membership Duration, then we will extend the expiry date of your current Membership Duration or it will roll into an Ongoing Package.
• You agree that you are solely responsible for maintaining the confidentiality of your Account details and credentials, including your password.

3.    Renewal and Payment

• You authorise Hardys Rewards and our relevant payment processors (such as Stripe) to obtain payment from you for the Fees on the date that you purchase your Membership Package.
• If you have purchased an Ongoing Membership Package you authorise our relevant payment processors (such as Stripe) to charge you the Fees on the anniversary of the date that you purchased the Ongoing Membership Package each month (or any other fixed day as amended by Hardys Rewards from time to time) (Renewal Date). Additionally, you authorise the storage of your payment information as outlined in our Privacy Policy.
• From time to time, Hardys Rewards may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites. When you select to pay Hardys Rewards for an Ongoing Package, you authorise Hardys Rewards to automatically charge you for each renewal on the Renewal Date through the payment method you selected when making your initial purchase. You further agree to continue to make payments using that payment method for the duration of your Membership The parties agree that this authority will remain in force until either party validly terminates these Terms.
• You acknowledge that your Ongoing Package is subject to automatic renewals at the end of each Membership Duration for a further term of the same duration as the expiring Ongoing Package for our then-current Fee and/or in accordance with your Ongoing Package or membership details, unless terminated earlier in accordance with these Terms.
• You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature for Ongoing Packages without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable Fees and you do not subsequently cancel your Ongoing Package.
• You warrant and represent to us that at all times during the term of your Membership Duration you will ensure that we have valid and up to date payment details, including credit card details. .It is your responsibility to ensure that all charges processed are You agree that you will notify us within 30 days from the billing date if any charge is not accurate after which you will be deemed to have accepted all charges and to have waived any claim regarding a disputed charge.
• You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or bank account numbers.
• Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Membership Package reaffirms that we are authorised to charge your Payment Method.
• If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your Account and use of the Services without notice, including the right to delete your Account and any content affiliated with the Account. You must pay us for any costs or expenses we incur due to or in connection with your non-payment or breach of these Terms, including but not limited to any legal, enforcement or collection costs. You further acknowledge and agree that we have a right to charge interest at the rate of 10% a. on any unpaid overdue amounts owed to us starting from the due date until the overdue amount is fully paid.

4.       Pricing

• Hardys Rewards reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all Fees for a Membership Package is subject to change in our sole discretion, we will notify you of any increase to the applicable in the next billing cycle no later than 10 days before the end of the current billing cycle.
• If we do not notify you 10 days before the end of your current bulling cycle of any Fee increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Membership Package at the price prior to the Fee increase for a period of 10 days following which you may terminate the Membership Package with immediate effect (provided that you give us notice of termination within the 10 days’ of the notice of the Fee increase) or you may continue the Membership Package at the increased Fee.
• Unless specified otherwise, Fees displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST.
• You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you from the Website. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Fees.

5.    Cancellation

• You may cancel your Membership Package at any time, at least 2 business days prior to your next Renewal Date, on the Account Settings
• If you cancel your Membership Package, your Membership Package benefits will continue until the end of your then-current Membership Duration, but your Membership Package will not be renewed after that term expires. If you cancel your Membership package, you will not be entitled to a prorated refund of any portion of the Fees paid for the then-current Membership Duration e in accordance with Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your Membership Package without cause.
• Hardys Rewards provides remedies (such as cancellation of your Membership Package, a renewal of your Membership Package or where necessary, a refund of amounts paid) if the Membership Package is not provided in accordance with the Australian Consumer Law.

6.    Discounts and events

• By purchasing a Membership Package, you may receive access to discounts, promotions, events and offers (Offers) from us or third party service providers (Service Providers). For the avoidance of doubt, we are merely a platform that provides you with access to the You acknowledge and agree that we do not manage or run the Offers ourselves, unless specified in writing.
• You acknowledge and agree that the Offers are subject to their own terms and conditions as set out in the Offer or Event or as provided by the Service Provider.
• You agree that, to the maximum extent permitted by law:
  1. we are not liable for any information published or provided by any Service Provider;
  2. we do not endorse any of the Service Providers or their goods/services;
  3. the Service Provider is solely liable and responsible for the Offers, the redemption of Offers, the operation and running of any Offers and the provision of its goods/services;
  4. you will direct any issues relating to the Offers to the Service Provider directly;

1. we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including the Service Provider;
2. we are not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Service Provider including as a result of obtaining their goods/services, redeeming an Offer or attending an event; and
3. we are not an agent for the Service Provider and have no responsibility or liability for the communications or conduct of the Service Provider, including but not limited to any fulfilment of an Offer, or quality of the event or the goods or services provided by a Service

• We reserve the right to deactivate, cancel or remove any Offer at any time and for any reason with written notice to you.
• You agree that the Service Provider may, in its sole discretion, reject the redemption of an Offer if your redemption of such Offer breaches the Offer’s terms and conditions or other terms and conditions and policies set by the Service Provider.
• Offers cannot be transferred or redeemed for cash and are not legal

7.       Trade Promotions

• If you make a purchase with us, including a purchase of a Membership Package, you may receive entries into a competition, contest, giveaway or trade promotion conducted by us (Trade Promotion(s)) as specified at You acknowledge and agree that each Trade Promotion is subject to its own terms and conditions (Trade Promotion Terms) as provided on the relevant Trade Promotion webpage including eligibility requirements. You hereby further acknowledge and agree to comply with Trade Promotion Terms.
• Upon cancellation of your Membership Package, your agreement to the Trade Promotion Terms, and entries into trade promotions which commenced prior to your cancellation date, will still be valid until that Trade Promotion is no longer You agree to abide by the Trade Promotion Terms and these Terms until that Trade Promotion is over.
• We reserve the right to modify, suspend or terminate any Trade Promotions in our sole
• You acknowledge and agree:
  1. that any and all disputes, claims and causes of action arising out of or in connection with your Membership Package, any Trade Promotion or any prizes, must be resolved individually without any form of class action;
  2. that in addition to the limitation of liability in clause 14, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering into any Trade Promotion, and under no circumstances will Hardys Rewards be liable for any legal fees;
  3. to waive all potential rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering into or participating in any Trade Promotion; and
  4. in the event any Competitions are compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Hardys Rewards, that corrupt or impair the administration, security, fairness or proper operation of any Trade Promotion associated with the Membership Package, Hardys Rewards reserves the right to

suspend, modify or terminate your Membership Package and/or your entry into such Trade Promotion.

• If you choose to participate in any Trade Promotion and are selected as a winner, you agree that Hardys Rewards may use your name (either in full or part), likeness, voice and image (including any photograph) in any marketing and you will not be entitled to any fee for such use. You acknowledge and agree to this as a condition of entry to any Trade Promotion.
• This clause survives termination of these

8.    Your information, errors and access

Current Information Required

• You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
• Where your chosen payment method at the time of purchase of a Membership changes or is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your chosen payment method, you agree to notify Hardys Rewards Failure to do so may result in charges being made to your current payment method for the Membership Package, and you acknowledge that you remain responsible for these charges if payment is not successfull.

Errors and Incorrect Payments

• Hardys Rewards reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including your Membership Package and may, in its absolute discretion, return or refund all or some of the amount of the incorrect payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.

9.    Termination

• You may terminate your Membership Package by cancelling via the Account Settings and your Membership Package will terminate at the end of your Membership Duration.
• Without prejudice to any other remedies, Hardys Rewards may immediately terminate these Terms or terminate or limit your access to, or suspend your access or use of, the Services, Membership and Website, in its absolute discretion, at any time and without notice to you if:
  1. you are in breach of any obligation under these Terms which has not been remedied after seven (7) days written notice;
  2. you have breached these Terms and that breach is not capable of remedy;
  3. any money payable to Hardys Rewards becomes overdue, or in Hardys Rewards’ opinion, if you will be unable to make a payment when it falls due;
  4. you become or are suspected to be, insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors; or
  5. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets, and

any amounts owing to Hardys Rewards at the time of the suspension or termination shall become immediately due and payable.

• On termination of these Terms and your Membership in accordance with clause 9.2, Hardys Rewards shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Fees or for any loss caused to you by such action. If your Membership has been terminated due to your breach, you agree that you will not create another account on our Website without the prior written consent of Hardys Rewards.
• Hardys Rewards may terminate these Terms at any time and for any reason on five (5) days’ notice without the requirement to provide you with reasons. If Hardys Rewards terminates these Terms under this clause 9.4 then Hardys Rewards may, at its election:
  1. continue to provide your Membership Package benefits until the end of your current Membership Duration and cease providing the Membership Package after that term expires; or
  2. immediately cease providing the Services or Membership Package benefits on the expiry of the notice period and provide a prorated refund of any portion of the Fees paid by you for the remaining Membership Duration of your existing Membership Package.

Hardys Rewards will not be liable to you for any further loss or damage arising out of or in connection with Hardys Rewards exercising its rights under this clause.

• You acknowledge and agree that Hardys Rewards may suspend the Services and suspend your access to the Website and Services or any part thereof until any relevant Fees have been paid in full or until any breach of these Terms is remedied.
• Upon termination of these Terms, Hardys Rewards may immediately remove any access to the Website, disable the Services and/or delete your Account and data.

10.          Intellectual Property

• All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Website and Services are owned by, or licensed to Hardys Rewards, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
• You may access and use the information provided on our Website, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Hardys Rewards.
• Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Hardys Rewards’s intellectual property rights, whether by estoppel, implication or otherwise. Hardys Rewards reserves all rights not expressly granted in the Services.

11.          Privacy

• You agree to allow Hardys Rewards to send you emails regarding the Website and the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.

12.     Unauthorised access and malicious materials

• You must not attempt to, or actually gain, unauthorised access to our Website and Services, the server on which our Website is stored or any server, computer or database connected to our You agree that you will not cause harm to our Website by hacking, phishing,

introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website or other users of our Website and Services.

• To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Website and Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

13.     Third Parties

• Our Website and Services may, from time to time, contain links to and from websites which are owned or operated by other Links in the Website and Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
• Hardys Rewards make no representations or warranties regarding any third party goods or, services and discounts and takes no responsibility and assumes no liability for any third-party goods, services or discounts. Third-part goods, services and discounts are subject to the applicable terms and policies of the third parties that offer them.

14.     Limitation of Liability

• To the maximum extent permitted by law, neither Hardys Rewards, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
  1. any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained, obtained through or in our Services and Website;
  2. any, use of the information on or access to Website and Services including if for any reason the Services are unavailable at any time or for any period;
  3. any errors in, or omissions from, the information contained in the Website or Services;
  4. any goods or services supplied by Hardys Rewards; or
  5. these Terms or any breach of these
• You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Website and Services, that you will be responsible for those consequences.
• To the maximum extent permitted by law, Hardys Rewards’s liability under these Terms shall be limited to any one or more of the following:
  1. the replacement of the goods or re-supply of equivalent goods or services;
  2. the repair of such goods or services;
  3. the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
  4. the payment of the cost of having the Goods

• To the extent permitted by law, Hardys Rewards expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
• This clause survives termination of these

15.     Disclaimer of Warranty

• Hardys Rewards provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither Hardys Rewards, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.
• We reserve the right to restrict access to the Website and the Services or any part thereof, change or withdraw any goods, information or content featured in the Website or Services or provided through our Website or Services, without notice. You acknowledge and agree that we retain complete editorial control over the Website and Services and may alter, amend or cease the operation of the Website and Services or any part thereof, at any time, in our sole

16.     Release and Indemnity

• You agree to release and indemnify and hold Hardys Rewards and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Hardys Rewards, your use or access of the Website and Services, or any access to the Website and Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
• This clause survives termination of these

17.     Amendments and correction of errors

• Hardys Rewards reserves the right to amend these Terms from time to time as it sees Any amendments or changes to these Terms are effective from the date on which the amended terms are published.
• Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
• Hardys Rewards reserves the right to amend any errors in the Website and Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.

18.     General

• Waiver: Any failure or delay by Hardys Rewards in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Hardys Rewards from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or This clause survives termination of these Terms.
• Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.