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Terms & Conditions
 

Terms and Conditions

  1. Introduction

    These Terms and Conditions form the basis of the Team Makita Program. Every Member is subject to these Terms and Conditions and it is the Member's responsibility to read and understand them. Any enquires regarding these Terms and Conditions should be made in writing to Team Makita, PO Box 215, Horsley Park NSW 2175. These Terms and Conditions are effective as at 1 February 2006 and may be amended from time to time. Current Terms and Conditions can be found at www.makita.com.au/teammakita .

  2. Definitions and Interpretation

    In these Terms and Conditions, unless the context otherwise requires:

    " Activity Statement " means a statement provided by Makita detailing a Member's current Points activity.

    " Cashback Amount" means the monetary amount to which a Cashback Voucher is valued in accordance with clause 9.1.

    "Cashback Claim " means the claim made by a Member to redeem a Cashback Voucher in accordance with clause 9.1.

    " Cashback Voucher " means a voucher for which Points may be redeemed pursuant to clause 9.1.

    " Makita " means Makita (Australia) Pty Ltd ACN 000 117 335.

    " Makita Corporation " means Makita Corporation of 3-11-8, Sumiyoshincho, Anjo, Aichi 446-8502.

    " Makita Power Tools " means power tools and products manufactured and produced by or for Makita and/or Makita Corporation and carrying the "Makita" brand and does not include Maktec, OPE, tool belts and accessories. " Makita Specialist Dealer " means a Makita specialist dealer listed on the website at www.teammakita.com.au who has agreed to participate in the Team Makita Program.

    " Member " means an individual who has applied for Membership in accordance with clause 5 of the Terms and Conditions, whose application for Membership has been accepted by Makita and who agrees to be bound by the Terms and Conditions.

    " Member's Email Address " means the email address supplied by the Member on the Team Makita Application Form.

    " Member Nominated Postal Address " mean the preferred postal address for correspondence supplied by the Member on the Team Makita Application Form.

    " Membership " means a membership in Team Makita granted to an individual pursuant to clause 5 of these Terms and Conditions.

    "Membership Tier " means a Red, Black or Teal Membership allocated to a Member in accordance with clause 6 of these Terms and Conditions.

    " National Privacy Principles " has the meaning given under the Privacy Act 1988 (Cth) as amended.

    " Points " means the unit of measurement calculated in accordance with clause 7.1.

    "Points Registration Form" means the registration form located at www.makita.com.au/teammakita and to be completed by a Member for registration of Points activity in accordance with clause 8." Schedule " means the schedule provided by Makita and accessible via the webpage at www.makita.com.au/teammakita .

    " Team Makita " and " Team Makita Program " mean the loyalty and membership program to which these Terms and Conditions apply.

    " Team Makita Application Form " means the application for Membership form to be obtained and completed in accordance with clause 3 and clause 5 of these Terms and Conditions.

    "Term" means the period from the date of notification of acceptance of the application for Membership via electronic mail to the Member's Email Address or by post in accordance with clause 5.3 and continues subject to the suspension, termination or cancellation of Membership under clause 5.7.

    " Terms and Conditions " means the Terms and Conditions applicable to the Team Makita Program as set out in this document, as may be amended from time to time and as found at www.makita.com.au/teammakita .

    A reference to "we" , "us" or "our" is a reference to "Makita" .

    A reference to "you" or "your" is a reference to a "Member" .

    References to dollar amounts are in Australian currency.

    A reference to a clause is a reference to a clause of the Terms and Conditions as contained in this document only and does not necessarily refer to clauses in amended versions to this document nor in the current version of the Terms and Conditions found on www.makita.com.au/teammakita .

    A reference to the singular includes the plural and vice versa.

  3. Agreeing to these Terms and Conditions

    Your acceptance of these Terms and Conditions and your agreement to be bound by them is shown:

    1. if completing the Team Makita Application Form online at www.makita.com.au/teammakita , by first clicking-through the Terms and Conditions page and indicating "Yes" to accepting these Terms and Conditions and then completing and submitting the Team Makita Application Form page (which includes a statement that you agree to be bound by the Terms and Conditions); or
    2. if completing the Team Makita Application Form in hard copy as requested by telephone to 1800 114 747 or obtained from a Makita Specialist Dealer and by completing, signing and sending the Team Makita Application Form (which includes a statement that you agree to be bound by the Terms and Conditions) by post to Team Makita at PO Box 715, Horsley Park, NSW 2175.
  4. Changes to the Team Makita Program

    Makita reserves the right to change, modify or amend any part of the Terms and Conditions by giving 6 months notice to the Member via electronic mail to the Member's Email Address or by post to the Members Nominated Postal Address. This right includes but is not limited to changes in Team Makita Membership eligibility, rules for earning Points and specific features of promotional offers.

  5. Membership

    1. Eligibility

      Membership is open to individuals (natural persons) who are an Australian resident and are currently licensed by the appropriate authorities or are undertaking a 2 nd , 3 rd or 4 th year apprenticeship as a builder, carpenter/joiner, shop fitter, cabinet maker, boiler maker, electrician, plumber, mechanic, roofer, fencer or fitter and turner. A corporation, firm, partnership or any other legal entity is not eligible to become a Member.

    2. Applying to Team Makita

      An individual may apply for Membership by completing a Team Makita Application Form. The individual must supply all of the information required in the Team Makita Application Form including but not limited to the Member's Email Address. An individual may not have more than one Membership at any one time .

      A Team Makita Application Form can be completed:

      1. online at www.makita.com.au/teammakita , by first clicking-through the Terms and Conditions page and indicating "Yes" to accepting these Terms and Conditions and then completing and submitting the Team Makita Application Form page (which includes a statement that you agree to be bound by the Terms and Conditions); or
      2. in hard copy as requested by telephone to 1800 114 747 or obtained from a Makita Specialist Dealer, by completing, signing and sending the Team Makita Application Form (which includes a statement that you agree to be bound by the Terms and Conditions) by post to Team Makita at PO Box 715, Horsley Park, NSW 2175.
    3. Acceptance of Membership by Makita

      A Membership becomes active from the time of notification of acceptance of Membership by Makita to the Member via electronic mail to the Member's Email Address or by post to the Member's Nominated Postal Address. Makita reserves the right to not accept or to reject an application for Membership at Makita's absolute discretion.

      No agreement exists until we have processed, accepted and provided notification of this acceptance of Membership to you. Membership becomes active from the time of this notification of acceptance of Membership by Makita.

    4. Fees

      Members will not be charged an application or Membership fee.

    5. Changes to Member's Details

      A Member must inform Makita of any changes to a Member's details provided on the Team Makita Application Form or as otherwise disclosed to and/or recorded by Makita. Changes to a Member's details may be made by telephone to Makita on 1800 114 747; in writing to Team Makita at PO Box 215, Horsley Park, NSW 2175; or via the 'changes to Member's details' link on the website at www.makita.com.au/teammakita . Makita is not responsible for any loss or damage resulting from a Member's failure to notify Makita of a change to a Member's details.

    6. Transfer of Membership

      Team Makita Membership is not transferable.

    7. Suspension, Cancellation or Termination of Membership

      1. Suspension or Termination

        Team Makita may suspend or terminate a Membership in the event that a Member:

        (a) breaches these Terms and Conditions and fails to remedy the breach within 30 days;

        (b) ceases to be an Australian resident, ceases to be currently licensed by the appropriate authorities or ceases to undertake an apprenticeship as outlined in clause 5.1; or

        (c) becomes deceased.

      2. Cancellation

        A Member may at any time cancel his or her Membership in writing to Team Makita at PO Box 215, Horsley Park NSW 2175; or by sending an email from Makita via the website at www.makita.com.au/teammakita .

      3. Remaining Points

        All Points accumulated at the time of a cancellation, suspension or termination of Membership are forfeited.

      4. Loss or damage as a result of cancellation, suspension or termination of Membership

        Makita will not be responsible for any loss or damage resulting from a suspension, termination or cancellation of Membership whether such suspension, termination or cancellation of Membership is instigated by either Makita or a Member.

  6. Membership Tiers and Rewards

    1. Membership Tier

      A Member may be allocated a Red, Black or Teal Membership (each a "Membership Tier" ). A Member who does not meet the Points required for allocation of a Red, Black or Teal Membership Tier shall remain without a Membership Tier and shall not be entitled to any rewards or benefits associated with a Membership Tier. Each Membership Tier is allocated as follows:

      1. Red - To be allocated a Red Membership Tier a Member must accumulate at least 1,500 Points during the 12 month period beginning 1 February.
      2. Black - To be allocated a Black Membership Tier a Member must accumulate at least 3,000 Points during the 12 month period beginning 1 February.
      3. Teal - To be allocated a Teal Membership Tier a Member must accumulate at least 5,000 Points during the 12 month period beginning 1 February.

      The allocation of a Membership Tier is automatic upon the registration of Points in accordance with clause 8.

  7. Earning Points

    Points are earned by purchasing a Makita Power Tool and registering each purchase of a Makita Power Tool in accordance with clause 8 .

    1. Calculation of Points

      Points are calculated in accordance with the Schedule.

    2. Points earned on purchases prior to Membership

      Points can be accumulated on purchases made 30 days prior to registration by a Member of an application for Membership in accordance with clause 5.2.

    3. Transfer of Points

      Points are not transferable.

    4. Cancellation of Points

      Team Makita in its absolute discretion may suspend or terminate a Member's accumulated Points at any time.

  8. Registering Points

    A member must register his or her Points within 90 days of the date of purchase of a Makita Power Tool by:

    1. logging onto the website at www.makita.com.au/teammakita ;
    2. registering his or her purchase of a Makita Power Tool by providing details of said purchase including but not limited to the: name of the product purchased, place of purchase, date of purchase and receipt number on the Points Registration Form; and
    3. sending a copy of the original receipt obtained at the time of purchase to Team Makita Print, Reply Paid 7144K Horsley Park NSW 2175.

    Points are deemed to be earned from the time of completion of this registration process subject to the approval of registration by Makita.

  9. Cashback Vouchers and Redeeming Points

    1. Cashback Vouchers

      A Member will also be rewarded with a Cashback Voucher based on the Points they earn.

      1. Cashback Voucher Issue

        On 1 July 2006 and the anniversary of every six months thereafter (the "Issue Date" ), a Member will be issued a Cashback Voucher based on the Points he or she has accumulated if they have accumulated enough Points to reach one of the thresholds stipulated in clause 9.1.3.

        A Member with a Red Membership Tier status is entitled to one Cashback Voucher only within any 12 month period unless the Member achieves the status of a Black Membership Tier.

        Cashback Vouchers will be forwarded by post to the Member's Nominated Postal Address within 30 days of receipt and approval by Makita of a Member's Points registration in accordance with clause 8.

      2. Cashback Voucher Values

        The breakdown of the Points earned and value of the Cashback Vouchers is displayed in the table below.

        Points Earned Cashback Voucher Value
        Less than 1,500 Points No Cashback Voucher
        1,500 to 2,999 Points $100 Cashback Voucher
        3,000 to 4,999 Points $300 Cashback Voucher
        5,000 Points or more $600 Cashback Voucher
      3. Cashback Voucher Redemption and Cashback Claims

        To redeem a Cashback Voucher a Member must complete a Cashback Claim including:

        1. purchase a new Makita Power Tool;
        2. •  have the Cashback Voucher completed and validated by the salesperson insertion of the date, signature and name of place of purchase on the Cashback Voucher at the time of purchasing the Makita Power Tool; and
        3. •  send the Cashback Voucher along with proof of purchase, including a copy of the original receipt and a barcode cut from the packaging of the Makita Power Tool purchased, to Team Makita Cashbacks, PO Box 4293, Barrack Heights, NSW, 2528.
      4. Acceptance of Cashback Claim and Issue of Cheques

        Makita reserves the right to not accept or to reject Cashback Claim at our absolute discretion. A Cashback Claim will not be successful until Makita has processed, accepted and provided notification of the acceptance of the Cashback Claim to a Member via electronic email to the Member's Email Address.

        Subject to a Cashback Claim being successful, Makita will issue a cheque for the Cashback Amount made payable to the Member. Makita will send this cheque to the respective Member at the Member's Nominated Postal Address within 6- 8 weeks of a completed Cashback Claim being received by Makita.

      5. Expiration of Cashback Vouchers

        A Cashback Voucher will be valid for six months from the Issue Date and is valid for the purchase of Makita Power Tools only. Any Cashback Claim for purchases made after the expiry of a Cashback Voucher will be declined and the Cashback Amount will be forfeited. Makita will not be responsible for any loss or damage resulting from a Member's failure to redeem a Cashback Voucher prior to its expiry date.

      6. Transfer of Cashback Voucher

        Cashback Vouchers are non transferable.

    2. Incorrectly obtained Points

      Makita will not be responsible for any accumulation, allocation or redemption of Points which has not been made in accordance with the proper procedures and calculations as outlined in the Terms and Conditions.

  10. Activity Statement

    Members can check their current Points activity via their Activity Statement available online at www.makita.com.au/teammakita .

  11. Makita's Obligations

    During the Term, Makita will:

    1. maintain the capacity to process and ensure the processing of Team Makita Application Forms within a reasonable time frame;
    2. maintain the capacity to process and ensure the processing of all changes to Members' details submitted by Member's in accordance with clause 5.4;
    3. calculate and issue Cashback Vouchers to Member's in accordance with clause 9;
    4. maintain the capacity to process and ensure the processing of Cashback Claims in accordance with clause 9.1.5;
    5. where applicable, issue cheques in respect of successful Cashback Claims in accordance with clause 9.1.5;
    6. maintain records of Team Makita Memberships, registered Points and Cashback Claims as appropriate; and
    7. maintain keep updated the website at www.makita.com.au/teammakita including the Activity Statements and current Terms and Conditions.
  12. Member's Undertakings

    During the Term, you will:

    1. regularly access your email account and check any notifications sent by Makita to the Member's Email Address;
    2. regularly access the webpage at www.makita.com.au/teammakita and ensure that the Points activity recorded in the Activity Statement is accurate;
    3. ensure the accuracy of your Member's details as disclosed by you on the Team Makita Application Form;
    4. update any changes to your details in accordance with clause 5.5;
    5. register your Points in accordance with clause 8;
    6. retain copies of all receipts and barcodes evidencing proof or purchase of Makita Power Tools; and
    7. act fairly and honestly in all your communications and dealings with Makita and in your capacity as a Member of the Team Makita Program.
  13. Indemnity

    Makita is indemnified from and against all losses, liabilities, claims, causes of action, suits, damages and expenses incurred by Makita as a result of any negligence of or breach of these Terms and Conditions by a Member.

  14. Force Majeure

    Makita will not be liable for any failure to perform or to comply with any provisions of these Terms and Conditions if that failure arises from any circumstance beyond their reasonable control including, without limitation, strikes or other labour disturbances, Acts of God or the public enemy, piracy, war, riot, civil commotion, acts of governmental agencies, earthquakes, storm, tempest, fire or lightning.

  15. Governing Law

    These Terms and Conditions are governed by, and construed in accordance with, the laws of the state of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

  16. Privacy

    Makita (Australia) Pty Ltd understands the importance of privacy and recognises the right of the individual to keep their personal information private. We also want our Members to have confidence that in handling personal information , we afford that information an appropriate level of privacy consistent with the National Privacy Principles .

    We will not disclose your personal details to anyone except for the purposes of managing and processing your Membership and involvement in the Team Makita Program, or as required by law. Thus information may be disclosed to contractors or third party service providers who supply to us administrative, processing or other services in connection with Team Makita and the Team Makita Program as well as to Makita retailers. Acceptance of these Terms and Conditions demonstrates your consent to this disclosure.

    A copy of Makita (Australia) Pty Ltd's Privacy Policy is available at www.makita.com.au , by telephone request to 1300 364 342 or by written request to Privacy Officer, Makita (Australia) Pty Ltd, PO Box 215, Horsley Park, NSW 2175.

  17. Disputes and Complaints

    A Member must be in possession of proof of purchase including a copy of the original receipt and a barcode cut from the packaging of the Makita Power Tool purchased in order to pursue a complaint relating to the allocation of Points, Membership Tier, Cashback Vouchers or a Cashback Claim. In the event of a dispute the decision of Makita is final.