Poulos Bros Group T&Cs

EXCLUSIVE POULOS BROS GROUP PROMOTION TERMS AND CONDITIONS
This document sets out the specific Terms and Conditions which apply to Aqua Rewards Members when purchasing a Promotional Product and participating in Promotions through the Rewards Program App.

1. DEFINITIONS
Promotion means the Exclusive Poulos Bros Group Promotion running during the Promotional Period for the Promotional Product from eligible Poulos Bros Group
Promotional Product means domestic Tassal Salmon Fresh HOG cartons and Frozen Tropic Co 2kg Green Prawns 10/15 cartons from eligible Poulos Bros Group.*
Promotional Period means 9.00AM AEST on 8th September 2021 to 11.59PM AEST on 29th September 2021.
Eligible Poulos Bro Group mean 4 Poulos Bros Groups store as followed
a) Poulos Bros at Sydney Fish Market Pyrmont NSW 2009
b) Poulos Seafoods Victoria West Melbourne 3003
c) Allseas Sydney Fish Market Pyrmont NSW 2009
d) Seatraders Morningside QLD 4170

2. WHO IS ELIBILE FOR THE PROMOTION?
Poulos Bros Group customers who are Aqua Rewards Members are eligible to receive awards under this Promotion.
*Export Tassal Salmon Fresh HOG scanned during the promotional period is only included in the Aqua Rewards member total cartons scanned for the promotion. If Aqua Rewards members scans domestic Tassal Salmon Fresh HOG every week for the duration of the promotional period. Otherwise Export Tassal salmon Fresh HOG cartons are ineligible for this promotion.

3. HOW DO I REGISTER FOR THE PROMOTION?
Registration is through the Rewards Program App which is available for download using Apple or Android App Stores. Eligible Participants must download the Rewards Program App and create an Aqua Rewards Account to be come an Aqua Rewards Member. Only Aqua Rewards Members can accumulate Promotional Points and receive Redeemable Rewards under the Promotion.

4. HOW DO I PARTICIPATE IN THE PROMOTION?
To participate in the Promotion, Aqua Rewards Members during the Promotional Period must:
a) purchase a Promotional Product from 1 of the eligible Poulos Bros Group; and
b) scan the promotional product using barcode scanner within Aqua Rewards Program App.
Promotional Points will accumulate over the Promotional Period and at the end of the Promotion, Aqua Rewards Members will receive Redeemable Rewards based on the amount of Promotional Points accumulated. To keep track of your total Promotional Points during the Promotional Period, speak to your Poulos Bro Group representative.

5. WHAT ARE THE REDEEMABLE REWARDS UNDER THE PROMOTION?
a. One redeemable reward gift card for each Aqua Rewards Members who purchase Tassal Salmon HOG cartons in accordance with this promotion will receive the following rewards based on total number of cartons scanned during the Promotional Period.

b) Aqua Rewards Members who meet 1 of the levels above and purchase Tassal Salmon HOG cartons every week of the promotional period will receive an additional $100 gift card.
c) Aqua Rewards Members who purchase 10x Tropic Co Frozen 2kg 10/15 Green Prawns cartons directly from the eligible Poulos Bros Group throughout the promotional period, will receive a $30 gift card. Every 10 cartons is a $30 gift card.
d) Gift cards will be distributed to eligible Aqua Rewards Members by 3 November 2021 in accordance with this promotion.

6. GENERAL CONDITIONS
The Aqua Rewards Program Terms and Conditions of Use apply to this Promotion and if there are any discrepancies between the Aqua Rewards Program Terms and Conditions of Use and the Poulos Promotion Terms and Conditions, the Poulos Promotion Terms and Conditions take priority to the extent of the inconsistency.

This document sets out the Terms and Conditions which apply to the Tassal Aqua Rewards Program including use of the Aqua Rewards App.
1. Definitions
1. In this document the following terms have the following meanings:
ACL means the Competition and Consumer Act 2010 (Cth).
Aqua Rewards Account means a personalised account created by the Aqua Rewards Member using the Rewards Program App.
Aqua Rewards Member means a Tassal customer who is an Eligible Participant and has applied for and has been approved by Tassal to participate in the Rewards Program.
Aqua Rewards Points means virtual reward points accumulated by participating in the Rewards Program and scanning Eligible Products.
Brand(s) means the following brands:
a. Tassal;
b. Tropic Co;
c. Superior Gold,
Consequential Loss means loss of profits; loss of revenue; loss of production; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation, future reputation or publicity; damage to credit rating; loss of use; indirect, remote, abnormal or unforeseeable loss, or any similar loss arising out of these Terms and Conditions or the Rewards Program, whether or not it was in the reasonable contemplation of the parties at the time of execution of this document.
Eligible Participant means an entity who meets the criteria in clause 2,2;
Eligible Products mean the products promoted by Tassal under the Rewards Program that are listed by Tassal in the Rewards Program App from time to time.
Organisation means an entity which carries on business in Australia, including, but not limited to companies, partnerships, sole traders and trusts and is a customer of Tassal;
Loyalty Points means an Aqua Rewards Member’s net cumulative Aqua Rewards Points and Promotional Points.
Loyalty Tier means the rewards tier allocated to the Aqua Rewards Member based on their accumulated Loyalty Points.
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Promotional Product means an Eligible Product that is on promotion as determined by Tassal from time to time and listed in the Rewards Program App.
Promotional Points means additional virtual reward points accumulated by participating in the Rewards Program and scanning Promotional Products during a specific Brand promotion.
Rewards Program means the ‘Aqua Rewards’ program conducted by Tassal which is subject to the Terms and Conditions.
Rewards Program App means the mobile application available for download in the Android or Apple App Stores and used by an Aqua Rewards Member to participate in the Rewards Program.
Redeemable Rewards means the rewards available to Aqua Rewards Members based on their accumulated Loyalty Points and their Loyalty Tier status.
Tassal means Tassal Operations Pty Ltd (ACN 106 324 127) and De Costi Seafoods Pty Ltd (ACN 606 307 804) and any other member of the Tassal group of companies.
Terms and Conditions means the Terms and Conditions set out in this document.
2. Application to Participate
1. Tassal provides Aqua Rewards Members with the opportunity to participate in its Rewards Program by applying to establish an Aqua Rewards Account.
2. Applications to participate in the Rewards Program must be by persons 18 years of age from an Organisation who:
a. is a wholesale, wet fish shop, restaurant, café, fish & chip shop, sushi, foodservices, catering or independent grocer customer of Tassal; and
b. purchases Eligible Products; and
c. consents to the use of their Personal Information in accordance with clause 8.
3. To make an application to establish an Aqua Rewards Account, an Eligible Participant may download the Rewards Program App and complete the application process.
4. Participation in the Rewards Program and use of the Rewards Program App is subject to the Terms and Conditions. By applying for an Aqua Rewards Account through the Rewards Program App you agree to be bound by these Terms and Conditions.
5. Any cost associated with postage, downloading and accessing the Rewards Program App or accessing the Rewards Program website is the Eligible Participant’s or Aqua Rewards Member’s responsibility.
6. Tassal has the right to accept or reject any application for membership in the Rewards Program in its sole discretion. No person or application will be an Aqua Rewards Member under approved and notified by Tassal. Any decision by Tassal in this respect is final.
7. The Rewards Program will be conducted solely through the Rewards Program App.
8. Each Aqua Rewards Member is only entitled to one Aqua Rewards Account per Organisation.
9. If, at any point, an Aqua Rewards Member wishes to stop participating in the Rewards Program or the Aqua Rewards Member does not agree to be bound by these Terms and Conditions, the Aqua Rewards Member must cease to participate in the Rewards Program immediately and must notify Tassal in writing via email to AquaRewards@tassal.com.au
3. Aqua Rewards Member Obligations
1. Aqua Rewards Members must:
a. comply with these Terms and Conditions; and
b. not bring Tassal into disrepute or cause or likely to clause reputational harm to Tassal’s Brands; and
c. not abuse or misuse any benefits of the Rewards Program, services or arrangements afforded to an Aqua Rewards Member as a result of participating in the Rewards Program, including by:
i. supplying or attempting to supply false or misleading information, or making a misrepresentation to Tassal;
ii. selling, assigning or transferring, or offering to sell, assign or transfer any Aqua Rewards Account or Redeemable Rewards;
iii. acting in a hostile, abusive or aggressive way towards Tassal, its employees and representatives; or
iv. creating multiple Aqua Rewards Accounts that each receive Aqua Reward Points and Promotional Points (as applicable).
2. Each Aqua Rewards Member is responsible for regularly checking its Aqua Rewards Account and keeping its membership details up to date. Aqua Rewards Members must notify Tassal via email to aquarewards@tassal.com.au of any changes, omissions or incorrect details upon becoming aware of them. Tassal is not responsible or liable for any failure of an Aqua Rewards Member to notify Tassal of any such changes, omissions or incorrect details, or for any incorrect information notified to Tassal.
3. If an Aqua Rewards Member breaches these Terms and Conditions, Tassal may at its sole discretion:
a. Suspend or cancel the operation of the Aqua Rewards Member’s Aqua Rewards Account;
b. cancel or refuse to recognise any claim for a Redeemable Reward, or if such claim has been made, cancel or refuse to recognise the delivery of the Redeemable Reward;
c. recalculate, redetermine, reduce or cancel any Aqua Reward Points or Promotional Points in an Aqua Rewards Member’s Aqua Rewards Account; or
d. terminate or suspend the membership of an Aqua Rewards Member in accordance with clause 12.
4. Unless otherwise required by law, Tassal will not be liable to an Aqua Rewards Member for any loss or damage suffered as a result of Tassal exercising its rights under clause 3.3.
4. Accruing Points
1. To accrue Aqua Reward Points and Promotional Points (as applicable), Aqua Rewards Members must:
a. purchase an Eligible Product or Promotional Product; and
b. scan the product barcode using the Rewards Program App.
2. Aqua Rewards Members will be awarded Aqua Reward Points and/or Promotional Points (as appliable) based on the quantity of Eligible Products and Promotional Products purchased by the Aqua Rewards Member at the rate that applies to those Eligible Products and Promotional Products.
3. Scanned Eligible Products and Promotional Products will be verified by Tassal by cross checking the barcode with Tassal’s database of dispatched products. A unique barcode can only be scanned once.
4. Tassal will use all reasonable efforts to ensure that all verified claims will be fulfilled within a reasonable time from the time the redemption occurs. Tassal accepts no responsibility should the delivery take longer for reasons beyond its reasonable control.
5. Only the unique barcode on an Eligible Product and Promotional Product may be scanned to redeem Aqua Reward Points and Promotional Points (as appliable). Purchase receipts, physical labels or other purchase identifiers will not be accepted by Tassal.
6. Tassal reserves the right, at any time, to verify the validity of claims for Aqua Reward Points and Promotional Points. Aqua Reward Points and Promotional Points are not transferrable or redeemable for cash.
7. Purchase of any Eligible Products and Promotional Product is subject to availability and it is the responsibility of the Aqua Rewards Member to check the availability of Eligible Products and Promotional Products with Tassal.
8. From time to time, Tassal may add additional products as Eligible Products and Promotional Products to the Rewards Program. These additional Eligible Products and Promotional Products may only be available for a limited time, in a limited quantity, and subject to additional terms and conditions including the number of Aqua Reward Points and Promotional Points that are awarded for the purchase of those additional products. Aqua Rewards Members and Eligible Products will be notified of any new Eligible Products and Promotional Products via the Rewards Program App and / or direct email.
9. Aqua Rewards Members are allocated to Loyalty Tiers based on their Loyalty Points in a manner determined by Tassal from time to time at Tassal’s sole discretion. Aqua Rewards Members will be notified of the Loyalty Tiers through the Aqua Rewards App. The Aqua Rewards Member may move to a higher tier when the Aqua Rewards Member’s Loyalty Points qualifies the Aqua Rewards Member to move to a higher tier.
5. Redeeming Rewards
1. In order to be eligible for Redeemable Rewards, an Aqua Rewards Member must:
a. have sufficient Loyalty Points accumulated in their Aqua Rewards Account at the time the Redeemable Rewards are issued by Tassal; and
b. be allocated a Loyalty Tier; and
c. liaise with Tassal to arrange for the delivery of the Redeemable Reward in accordance with Tassal’s delivery procedures from time to time.
2. Redemptions made through the Rewards Program App may be subject to follow up enquires, investigations or security and verification checks as Tassal determines to apply in its absolute discretion. The redemption will be ineligible if the barcode (and/or purchase receipt/tax invoice) is mutilated, illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way, or if these documents fail any of Tassal’s security and verification checks.
3. Tassal accepts no responsibility and will not be liable for damage or personal injury arising out of the use of any Redeemable Rewards.
4. In accordance with clause 3.2, Aqua Rewards Members are responsible for ensuring that Tassal has their correct details. In the event that an Aqua Rewards Member provides Tassal with incorrect details or fails to update Tassal with their correct details, Tassal takes no responsibility and will not be liable for any loss of a Redeemable Reward or a Redeemable Reward being delivered to an incorrect address. In either case, the Redeemable Rewards will be forfeited and no additional or replacement Redeemable Reward will be provided.
5. Tassal will not be responsible or liable for any delays in the supply of the Redeemable Reward to the Aqua Rewards Member.
6. Protection of Membership Details
1. For Aqua Rewards Members to access their profile on the Rewards Program App, Aqua Rewards Members must create a login and password. Aqua Rewards Members are solely responsible for the confidentiality and use of their password, as well as for any activity undertaken using their profile.
2. Unauthorised use and allocation of an Aqua Rewards Member login and password may lead to termination or suspension of the Aqua Rewards Member’s profile and access to the App.
3. Aqua Rewards Members must notify Tassal immediately if they become aware that their login and password have been compromised, or if there has been any unauthorised access to their profile or the Rewards Program App.
4. If an individual uses or accesses an Aqua Rewards Account on behalf of an Organisation, the Organisation warrants that the individual is authorised by the Organisation to access and use the Rewards Program App and the Aqua Rewards Account on behalf of the Organisation.
5. Tassal accepts no responsibility and will not reverse or modify any transactions made to a Rewards Account, by a person within an Organisation who does not have the authority to do so.
7. Ending, Suspending or Altering the Rewards Program
1. Tassal gives no undertaking as to the continued availability of the Rewards Program.
2. Tassal reserves the right to make changes to these Terms and Conditions or the Rewards Program at any time. Alterations will be notified to Aqua Rewards Members via the email address provided by the Aqua Rewards Member at the time of creating a Reward Program Account.
3. Tassal may end the Rewards Program at any time and for any reason on notice in writing (either via the Rewards Program App or to the email address provided by the Aqua Rewards Member at the time of creating a Reward Program Account). In this situation any Aqua Reward Points or Promotional Points left in an Aqua Rewards Member’s Aqua Rewards Account will remain redeemable up until the date the Rewards Program ends. Following this, all Aqua Reward Points and Promotional Points (as appliable) will be forfeited and the Rewards Program App will cease to operate.
4. Aqua Rewards Members acknowledge that Tassal will not be liable to provide compensation to Aqua Rewards Members for forfeited Aqua Reward Points and Promotional Points or for any other reason related to the amendment or the conclusion of the Rewards Program.
8. Privacy and Information Security
1. Tassal respects the Aqua Rewards Member’s right to privacy and will collect and manage each Aqua Rewards Member’s Personal Information in accordance with the Privacy Act 1988 (Cth) and our privacy policy which can be found at https://tassalgroup.com.au/privacy-policy
2. Tassal collects Personal Information directly from the Rewards Program App to conduct the Rewards Program and may, for this purpose, disclose an Aqua Rewards Member’s Personal Information to third parties, including but not limited to agents, contractors, service providers and gift suppliers, but any such disclosure will be limited to what is necessary for the purposes of the Rewards Program and/or the supply of Tassal’s services and products.
3. An Aqua Rewards Member consents to Tassal providing their Personal Information to Tassal’s related bodies corporate, and to third party suppliers of Redeemable Rewards for the purpose of providing support to Aqua Rewards Members in relation to a specific Eligible Product or Promotional Product or Redeemable Reward.
4. Information sent through the Rewards Program App is not encrypted and Tassal does not warrant or guarantee the security of the content of any such information and to the maximum extent permitted by law or except where prohibited by law, it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.
9. Intellectual Property
1. Any information, copyright, patents, trademarks, design rights, trade secrets and other intellectual property rights (Intellectual Property Rights) provided to a Aqua Rewards Member through use of the Rewards Program App are solely for an Aqua Rewards Member’s personal and/or internal business needs. All Intellectual Property Rights are owned by Tassal, its related bodies corporate and/or its service providers.
2. Aqua Rewards Members cannot reproduce, adapt, modify, communicate to the public, or otherwise use the Rewards Program App or any Intellectual Property Rights in the App for commercial purposes without Tassal’s prior written consent.
10. Liability
1. Nothing in these Terms and Conditions affects any rights an Aqua Rewards Member may have and which by law cannot be excluded, including under the ACL.
2. Subject to clause 10.1, Tassal and any of the officers, employees, agents and contractors of Tassal are not liable for:
a. any loss of any kind and any liability Tassal may have to an Aqua Rewards Member based in tort, negligence, breach of contract or otherwise, arising under or in connection with the Rewards Program, the Rewards Program App, including any changes to the Terms and Conditions; and
b. the condition, suitability, quality, fitness or safety of any Redeemable Reward.
3. If a court or person who has legal capacity to exercise powers of adjudication finds that Tassal is liable for any matter related to the Rewards Program or the Rewards Program App, Tassal’s maximum aggregate liability for all claims under or relating to the Rewards Program or these Terms and Conditions is limited to an amount equal to 5% of the total value of Eligible Products and Promotional Products purchased by that Aqua Rewards Member in the immediately preceding 12 month period.
4. Neither party will be liable to the other, or to any third party, for Consequential Loss.
11. Warranties
1. All express or implied warranties, representations, statements, Terms and Conditions relating to these Terms and Conditions, or its subject matter, not contained in these Terms and Conditions are excluded to the maximum extent permitted by law.
2. Aqua Rewards Member’s acknowledge and agree that:
a. Tassal does not warrant or represent that the Rewards Program App is complete, accurate, current, free from errors or omissions, programming bugs or viruses;
b. the availability of the Rewards Program App may be subject to numerous factors, including routine maintenance and factors outside Tassal’s control and Tassal makes no warranty in relation to availability or quality; and
c. Tassal will use reasonable endeavours to ensure that the Rewards Program App is secure. However, it is possible for any electronic data transfer to be intercepted by third parties and the Aqua Rewards Member acknowledges this is outside Tassal’s reasonable control. The Program Participate accepts Tassal is not liable for the unauthorised interception or hacking of data by unauthorised third parties.
3. Subject to clause 10.1, if any condition or warranty is implied into these Terms and Conditions under ACL and cannot be excluded, and Tassal is able to limit a Aqua Rewards Member’s remedy under the ACL for a breach of such condition or warranty, then Tassal’s liability is limited to one or more of the following at our option:
a. in a case where Redeemable Rewards are goods, the replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods repaired; or
b. in a case where Redeemable Reward are services, the supply of the services again.
12. Termination
1. Tassal reserves the right to terminate an Aqua Rewards Member’s Aqua Rewards Account and/or an Aqua Rewards Member’s access to the Rewards Program App by providing a minimum of 30 days’ written notice to the email address provided by the Aqua Rewards Member at the time of creating a Reward Program Account. Except in the case of termination under clause 12.2(g), accrued Aqua Reward Points and Promotional Points will be available for redemption up until the termination takes effect. Following this date all accrued Aqua Reward Points and Promotional Points will be forfeited.
2. Tassal reserves the right to terminate an Aqua Rewards Member’s Aqua Rewards Account immediately if, in Tassal’s sole discretion:
a. an Aqua Rewards Member has breached these Terms and Conditions;
b. an Aqua Rewards Member has tampered with or has attempted to tamper with the claim process under the Rewards Program;
c. an Aqua Rewards Member has, in Tassal’s sole opinion, engaged in fraud, improper or unlawful conduct in relation to the Rewards Program;
d. Tassal reasonably suspects, or has evidence that, an Aqua Rewards Member’s use of the Rewards Program App is being used to compromise the security of Tassal’s information technology systems;
e. Unauthorised use of an Aqua Rewards Members Aqua Rewards Account has occurred in accordance with clause 6.2;
f. Unauthorised or unlawful use of the Rewards Program App has occurred or use is contrary to these Terms and Conditions; or
g. An Aqua Rewards Member brings Tassal into disrepute or causes or is likely to cause reputational harm to Tassal’s Brands.
3. All Aqua Reward Points and Promotional Points (as appliable) in an Aqua Rewards Member’s Aqua Rewards Account may at the absolute discretion of Tassal be immediately forfeited and Tassal will not be liable provide compensation for forfeited Aqua Reward Points and Promotional Points or for any other reason related to the termination.
4. An Aqua Rewards Member may terminate their Aqua Rewards Account at any time. Aqua Rewards Members understand that if they chose to terminate their Aqua Rewards Account, their account balance will be immediately terminated.
13. Use of Rewards Program App
The Aqua Rewards Members must not:
a. by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Rewards Program App or any of the information available on the Rewards Program App (Rewards Program App Information);
b. do anything that imposes an unreasonable or disproportionately large load on the Rewards Program App, or interferes or disrupts the Rewards Program App or any network or Rewards Program App connected to the Rewards Program App;
c. breach the security of the Rewards Program App, test or scan the vulnerability of the Rewards Program App, or make any unauthorised modifications to the Rewards Program App;
d. interfere with any other persons use or enjoyment of the Rewards Program App;
e. post, or transmit to the Rewards Program App any abusive, obscene, defamatory, or otherwise inappropriate material;
f. use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Rewards Program App Information or any part of the Rewards Program App Information, or to reproduce or separately store or use such Rewards Program App Information;
g. use the Rewards Program App or any Rewards Program App Information in any way that is unlawful, illegal or breaches the rights of Tassal or any third party; and
h. use the Rewards Program App in any way that otherwise breaches these Terms and Conditions.
14. Prohibited Activity
You are prohibited from doing any act that Tassal, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws, regulations or codes of any regulatory bodies applicable to the Rewards Program App including but not limited to:
a. any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
b. using the Rewards Program App to defame Tassal, its officers, employees or other individuals or acting in such a way that brings Tassal into disrepute or causes or is likely to cause repetitional harm to Tassal’s Brands;
c. uploading files that contain viruses that may cause damage to the property of Tassal or the property of other individuals.
15. General
1. The non-exercise of, or delay in exercising, any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
2. The Terms and Conditions and the Rewards Program are governed by and will be construed in accordance with the laws of the Tasmania and the parties submit to the jurisdictions of the Courts of Tasmania.
3. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
16. Contacting Us

If you have any questions or queries in relation to these Terms and Conditions, please contact our Aqua Rewards team on:
Telephone: 1800 652 027
Email: AquaRewards@tassal.com.au