DK REWARDS – Terms & Conditions

Terms & Conditions

Please note that from 9:00am AEST on 1 December 2021 these terms and conditions will be updated to remove clause 4.1. Accordingly new Members who sign up to DKRP after this time will no longer earn a Registration Reward upon completing Registration.

1. INTRODUCTION

1.1 By registering as a Member for the DK Rewards program (‘DKRP’),  using your DKRP Card, using your DKRP App, using or accessing your Donut King Rewards or otherwise participating in the DKRP, you accept and agree to be bound by the following terms and conditions (‘Terms and Conditions’) of the DKRP provided by RFGA Management Pty Ltd ACN 071 765 609 (‘Donut King’).

1.2 These Terms and Conditions are intended to protect Members and Donut King. It is the Member’s responsibility to read and understand them.

1.3 The DKRP remains the property of Donut King at all times.

1.4 These Terms and Conditions will be construed according to and governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia.

1.5 Donut King may amend, suspend or terminate these Terms and Conditions from time to time. The current terms and conditions are those available at www.donutking.com.au/dkrewards. Material changes will be notified to Members in accordance with clause 6 of these Terms and Conditions.

1.6 Any failure or delay by Donut King in exercising its rights under these Terms and Conditions does not constitute a waiver of those rights and any waiver by Donut King must be in writing and signed by an authorised officer of Donut King.

2. REQUIREMENTS FOR MEMBERSHIP IN DONUT KING REWARDS PROGRAM

2.1 An individual is eligible to become a Member of the DKRP if:

1. they have a unique email address and a residential address in Australia;

2. are over 16 years of age; and

3. that individual either, in accordance with the terms herein:

4. 1. downloads and registers in the DKRP App; or

5. 2. completes Registration of their DKRP Card at https://members.donutking.com.au/loyalty; or

6. 3. is issued a DKRP card.

2.2 Notwithstanding clause 2.1, Membership is offered at the sole discretion of Donut King. To avoid doubt, Donut King may accept or reject any application to participate at its sole and absolute discretion (acting reasonably).

2.3 Membership is not available to Donut King staff, employees and associated family members.

2.4 Membership is limited to one (1) account per person and is not transferable.

2.5 Membership is free although Donut King reserves the right to charge a nominal fee for a replacement DKRP Card in its discretion.

2.6. Membership of the DKRP is conditional on acceptance of these Terms and Conditions and the collection, use and disclosure of a Member’s personal information in accordance with the Donut King Privacy Policy referred to herein, as amended from time to time with notice to the Member.

3. MEMBER OBLIGATIONS

3.1 Members are to inform Donut King via written notice if:

1. their personal details change (including, but not limited to, their address, email address or phone number) as soon as practicable after the change.

2. their DKRP Card or mobile device is lost or stolen; and/or

3. they would like to close their account.

3.2 Members can make changes to their details directly at members.donutking.com.au/loyalty via the DKRP App or by contacting the Donut King Marketing Team via the CONTACT US page on the Donut King Website.

3.3 Members are to keep their DKRP Card and or DKRP App details safe, secure and confidential.

3.4 Donut King is not responsible for any loss (financial or otherwise), loss of points or benefits available to DKRP Members in connection with any failure by a Member to duly notify Donut King of any change in their details.

3.5 Donut King is not liable for any unauthorised use of the DKRP Card or DKRP App. This    includes, but is not limited to, any delay by a Member to report a lost, misplaced or stolen   DKRP Card or DKRP App. DK Rewards will not accrue on  a Member’s account once a   Member has reported that their DKRP Card or DKRP App has been lost, misplaced or      stolen.

3.6 DKRP Cards or the DKRP App are not legal tender, credit or debit cards and remain the property of Donut King.

3.7 Members must not:

1. act in any way which breaches these Terms and Conditions; or

2. abuse or misuse the DKRP or any rewards accorded to the Member as a result of Membership including by:

3. engaging in illegal or fraudulent activities;

4. supply or attempting to supply false or misleading information, or making a misrepresentation to Donut King;

5. selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward other than in accordance with these Terms and Conditions; and

6. acting in a hostile, abusive or aggressive way towards any Donut King staff.

Errors, Lost or Stolen Cards

3.8 Should a member wish to make a claim for any errors in the allocation of DK Rewards, they must email Donut King at dkrewards@donutking.com.au with their unique DKRP Card identification number printed on the Card (as applicable), a detailed summary of the error they believe has occurred and supporting receipts for the transaction within twenty eight (28) days of the transaction that took place.

3.9 The Member must notify Donut King immediately if their DKRP Card or mobile device has           been lost or stolen or damaged, by contacting the Donut King Marketing Team at dkrewards@donutking.com.au .

3.10 If a Member’s DKRP Card and or mobile device has been lost, stolen or damaged:

1. DK Rewards will not accrue once a Member has reported a mobile device and/or DKRP Card as lost or stolen to Donut King, until a replacement DKRP Card or account via the DKRP App has been activated and issued.

2. Donut King may issue the Member with a replacement DK Rewards Card with a new         identification number.

3. Any DK Rewards earned by a Member who has completed Registration as at the date of a valid notification to Donut King that the DKRP Card and/or mobile device was lost, stolen or damaged will be transferred to the Members new DKRP Card or DKRP App account.

4. Donut King reserve the right to charge for issuing a Member a replacement Donut King Rewards Card (if applicable).

5. Any Donut King Rewards earned on an DKRP Card that was not registered may be cancelled without compensation at Donut King’s reasonable discretion in accordance with these Terms and Conditions.

3.11 Donut King may request information or identification from a Member confirming their Membership to the DKRP. If the Member does not provide the requested identification or information, Donut King may not be able to issue a replacement DKRP Card, cancel or activate a new Membership or transfer any accrued Donut King Rewards or credit points.

Cancellation, Suspension and Termination

3.12 Donut King reserves the right, at any time without notice, to immediately:

1. terminate the DKRP;

2. suspend or terminate Membership in the DKRP at its sole discretion (acting reasonably);

3. decline to issue or cancel the DKRP App or DKRP Card (including any replacement DKRP App or DKRP Card);

4. reject an application for Membership; or

5. reverse any DK Rewards credited to an account.

3.13 Members agree that the grounds for Donut King doing any of the acts in clause 3.12 include (but are not limited to):

1. a breach of these Terms and Conditions;

2. conduct that is an abuse of Membership, the DKRP or undermines the legitimate interests of Donut King;

3. where DK Rewards are earned by fraudulent, misleading or dishonest conduct or suspected fraudulent, misleading or dishonest conduct;

4. a Member has not used their DK Rewards for twelve (12) months, including earning or redemption of DK Rewards within a consecutive twelve (12) month period;

5. death or bankruptcy of the Member; or

6. any other reason Donut King deems reasonable.

3.14 If Donut King terminates or suspends a Membership, it may at its sole discretion terminate any or all DK Rewards earned on the DKRP without compensation.

3.15 If Donut King terminates the DKRP by giving the Member at least fourteen (14) days’ Notice:

1. the Member will not be eligible to earn DK Rewards from the date of the Notice;

2. the Member’s existing allocation of DK Rewards will be forfeited and cancelled, and Donut King shall have no further liability to the Member.

3.16 A Member may terminate their Membership at any time by providing written notice by email to Donut King. In terminating their Membership, a Member:

1. will not be eligible to earn DK Rewards from the date of providing Donut King with written notice;

2. any existing allocation of DK Rewards will be forfeited and cancelled, and Donut King shall have no further liability to the Member.

3.17 Deleting the DKRP App will not terminate a Member’s account.

3.18 If requested by Donut King on termination of the Membership, the Member must return the DKRP Card to Donut King within fourteen (14) days.

4. DK REWARDS

4.2 Members who have Registered will receive one (1) free small or regular size DK-crafted Hot Drink or DK-crafted Cold Drink each year on their birthday, which will be issued to the Member directly on their DKRP Card or DKRP App (Birthday Reward). The Birthday Reward will be valid for thirty-one (31) days from the Members birthday provided at the time of Registration. A Member who has not completed Registration will not be entitled to the Birthday Reward.

4.3 The DKRP entitles Members to receive a free small or regular size DK-crafted Hot Drink or DK-crafted Cold Drink after purchasing seven (7) DK-crafted Drinks (of equal or greater value) (i.e. 8^th Dk-crafted Hot or Cold Drink is free) (Free Hot or Cold Drink Reward).

4.4 For the purposes of DKRP, a reward (in the form of one (1) credit point), is earned when a Member scans their DKRP Card or DKRP App and makes a purchase of a DK-crafted Drink at a participating Donut King store (Qualified Purchase).

4.5 For each Qualified Purchase, the Member will receive one (1) credit point. After having accrued seven (7) credit points, the Member will be eligible for a Free Hot or Cold Drink Reward. The Free Hot or Cold Drink Reward must be redeemed within three (3) months from the date that the seventh (7^th) credit point was applied to the DKRP Card or DKRP App, after which the Free Hot or Cold Drink Reward will expire.

4.6 To obtain one (1) credit point towards earning a Free Hot or Cold Drink Reward:

1. Members must, at the beginning of the purchase of their DK-crafted Drink, present the QR Code within the DKRP App via their mobile device  for scanning, or present their DKRP Card for swiping, at the Point of Sale (“POS”) prior to the conclusion of the transaction at the participating Donut King Store.

2. The team member employed at the participating Donut King Store must scan the DKRP Card or the DKRP App at the POS facility.

3. In order for a purchase to be counted as a Qualified Purchase, the above steps must be complied with. DK Rewards will be awarded to the Member’s DKRP Account after their transaction has been completed and are only recognised after they are successfully processed to the Member’s DKRP Account

4.7 Members who have completed Registration can view the beverage count / credit point’s accured on their DKRP Account at any time by visiting the ‘DKRP Card’ section of their DKRP App or by visiting https://members.donutking.com.au/loyalty and entering their valid login details. If a member has not completed Registration, they will be unable to view the beverage count / credit point’s accured on their DKRP Account or DKRP App until Registration is completed.

4.8 A Member may redeem a maximum of four (4) DK Rewards in a single transaction.

4.9 Members who have completed Registration will be provided ten (10) days’ notice, via SMS or notifications within the DKRP App, or email (as applicable) of any DK Rewards that are due to expire so that they may avail themselves of the DKRP and any accrued DK Rewards.

4.10 DK Rewards are not able to be redeemed or exchanged for other items, or any currency whatsoever, including Australian dollars.

4.11 Member’s rights under these Terms and Conditions cannot be sold, transferred or assigned except in accordance with these Terms and Conditions.

4.12 DK Rewards are not the personal property of the Member and are only redeemable for DK Rewards that form part of the DKRP (as amended from time to time by Donut King) and always only at participating Donut King Stores.

4.13 DK Rewards can only be earned by a Member for personal benefit and must not be used for any commercial or not-for-profit association purposes unless expressly authorised by Donut King in writing.

4.14 Donut King will reverse from a Member’s DKRP Account any DK Rewards that have been or are to be credited to that Member’s DKRP Account that:

1. have been credited to their DKRP Account in error; and/or

2. relates to a transaction which has been cancelled, reversed, or relates to a refund given; and/or

3. there are other grounds Donut King considers reasonable to warrant a reversal including (without limitation) DK Rewards awarded through fraudulent, misleading or deceptive conduct by the Member, or persons associated with the Member.

4.15 Donut King may introduce promotion programs relating to the DKRP whereby these Terms and Conditions may be varied as applicable to such programs.

4.16 Donut King reserves the right to de-register and make ineligible for any reward a Members DKRP Card or DKRP App that has incurred an inactive period for two (2) consecutive years.

4.17 All DK Rewards are subject to availability. Donut King is not responsible if a reward is not available for any reason. Participating Donut King stores may substitute a DK Reward, at the Members discretion, in the event said reward is not available.

4.18 Donut King reserves the right to request identification from the Member that they are the registered DKRP App and / or DKRP Card holder.

5. ADDITIONAL BENEFITS AND PROMOTIONS

5.1 Members may qualify for other benefits or rewards or promotions which may be offered by Donut King from time to time (“Other Benefits or promotions”).

5.2 Other Benefits or promotions will be advertised by Donut King and/or its associated entities or franchisees by a method at the direction of Donut King (this may include by mail, SMS, email, in participating Donut King Stores’ advertising material, social media and/or the Donut King website www.donutking.com.au/dkrewards and will have terms and conditions specific for that promotion.

5.3 Coffee Rewards April/May 2024 Promotional Offers

6. CHANGES TO DKRP

6.1 Subject to clause 6.2, Donut King, at its discretion may make changes (whether material or otherwise) to these Terms and Conditions, including without limitation:

1. the range of Members and method of redemption.

2. the points or credit a Member can earn per transaction;

3. the range of DK Rewards and the number of points or credit, or consideration, required for DK Rewards;

4. the period for expiry of existing or future DK Rewards on a Member’s account.

6.2 Donut King will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit the DKRP, to give Members at least twenty-one (21) days’ notice.

6.3 Without limiting this clause 6 in anyway, Members will be taken to have received the notice referred to in clause 6.2 if Donut King notifies Members of any change:

1. via the Donut King website (www.donutking.com.au/dkrewards);

2. the DKRP Member portal;

3. by SMS;

4. via the Member’s last disclosed postal address;

5. via the Member’s mobile number; and/or

6. by any other direct communications sent to Members.

7. LIABILITY

7.1 To the maximum extent permitted by law, Donut King will not be liable to a Member in any way (including negligent acts and omissions) with respect to:

1. any breach of these Terms and Conditions (express or implied by law) by any person or representative other than an authorised representative of Donut King;

2. any DK Rewards that are unused as at the date of cancellation or termination of their Membership or the DKRP;

3. any unauthorised use of a DKRP App or DKRP Card as a result of their delay to report the lost or stolen DKRP App or DKRP Card to Donut King;

4. delay in issuing DK Rewards to a Member’s DKRP Account or replacement of the DKRP Card or DKRP App;

5. damage, theft or loss to of any DKRP App or DKRP Card or documentation issued by Donut King by post or delivery;

6. for matters of and incidental to the termination or suspension of the DKRP, Membership or the DKRP;

7. DK Rewards or other benefit provided to the Member under the DKRP;

8. any death, loss or damage as a result of the Membership under the DKRP;

9. any failure or inability to provide DK Rewards caused by circumstances beyond its control (inclusive of disputes, acts of God, flood, weather, war or civil disturbance);

10. any government tax, duty, other charge or liability in respect of the DKRP incurred as a result of your Membership is the responsibility of the Member; and

11. any other liability, loss or damage incurred by the Member (or any other person) in connection with the DKRP.

7.2 The Member agrees that the above limitation of liability also applies to Donut King (and its Related Bodies Corporate within the meaning on that term under section 50 of the Corporations Act 2001 (Cth)). Nothing in these Terms and Conditions limits the Member’s rights under the Australian Consumer Law.

8.     NOTICES

8.1 The Member acknowledges and agrees that Donut King may provide them Notice:

1. by SMS, email, post to the last known postal address, as per the details provided on the DKRP App or DKRP Member Portal; or

2. on the Donut King website www.donutking.com.au/dkrewards

9.      PRIVACY, COLLECTION, USE & DISCLOSURE

9.1 This privacy notice is provided to the Member by Donut King and contains important information regarding the collection, use, disclosure, security and access of the Member’s personal information.

9.2 Donut King’s Privacy Policy can be obtained on the Member Portal or via our website (https://www.donutking.com.au/privacy-policy/). The Member acknowledges and agrees that they have read and understand the privacy policy, including (without limitation) the collection, use and disclosure of personal information.

9.3 The Member consents to Donut King contacting them from time to time, including telephone, post, facsimile and electronic (i.e. SMS, internet) methods.

9.4 Collection: The information Donut King collects is:

1. the information provided by the Member on the registration page of the DK Rewards App or website located at https://members.donutking.com.au/loyalty;

2. transactional information when the Member shops using their DK Rewards App and/or Card such as, but not limited to, the store(s) the Member shopped at, when the Member shopped, the Member’s purchases and method of payment;

3. information the Member may provide from time to time through contact with the Donut King website or that the Member provides on the DK Rewards website at https://www.donutking.com.au or https://members.donutking.com.au/loyalty;

4. information regarding the Member’s payment preferences in conjunction with their DK Rewards App and/or DKRP Card;

5. information to improve the Donut King website and services, including by means of product development and market and behavioural research; and

6. information for operational management of the DKRP.

9.5 Marketing consent: the Member provides their express consent to Donut King:

1. sending the Member marketing communications via email, SMS, in-app notifications or other digital means, including (but not limited to) news, updates, offers, and promotions.

2. the Member can opt out of receiving all or any communications listed above:

1. for email and digital advertising by updating their email preferences;

2. for in-app notifications via their App preferences;

3. for SMS messages, by opting out directly from an SMS.

9.6 The use and disclosure of the Member’s personal information may include (but not limited to):

1. use of the Member’s information to keep them informed about promotions, products, offers, and discounts regarding Donut King; and

2. for the planning, research, marketing and product, service development and to contact them as a result of any dealing they may have had at Donut King or at a Donut King Store.

9.7 Donut King will take all reasonable steps to ensure the Member’s personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by Donut King.

9.8 The Member agrees that the above collection of information and security of communications cannot be guaranteed and to the extent permitted by law, Donut King is not liable for unauthorised access.

9.9 The Member agrees that in using the DKRP App, they consent to our use of the location of their device, in order that Donut King can provide the DKRP App functionalities to the Member, such as store location.

9.10 Donut King reserves the right to charge a nominal fee to cover retrieval costs in the event of a complex and comprehensive request for access to information.

9.11 This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the DKRP.

10.   GENERAL

10.1 In these Terms and Conditions “we”, “us”, or “our” means RFGA Management Pty Ltd ACN 071 765 609 (‘Donut King’) or its authorised representatives.

10.2 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.

DEFINITIONS

“DK-crafted Drink” includes a drink, such as those falling within the categories: ‘Milkshakes’, ‘Thickshakes’, ‘Chillers and Frappes’, ‘Hot Drinks’, ‘Cold Drinks’, ‘Quakeshakes’, ‘Iced Drinks’, as set out on the Donut King menu from time to time and otherwise prepared on the premises of the participating Donut King Store and served in a Donut King branded cup. DK-crafted Drink does not include any pre-bottled beverages , frozen drinks (including but not limited to Frozen Coca Cola Amatil varieties and/or drinks identified within the ‘Iced Espressos’ range as set out on the Donut King menu from time to time.

“DK-crafted Cold Drink” means a Donut King-crafted cold drink identified in Annexure A and expressly excludes all items not included in the table.

“DK-crafted Hot Drink” means a Donut King-crafted hot drink identified in Annexure A and expressly excludes all items not included in the table.

“DK Marketing Team” means the marketing team of Donut King. The Donut King Marketing Team can be contacted via the following methods:

1. email –  dkrewards@donutking.com.au

2. customer care team via website CONTACT US Page

3. post – Donut King Marketing Team, PO Box 4223, Robina QLD 4230

“DKRP” means the loyalty program operated and managed by Donut King under which a Member may accrue or redeem DK Rewards in accordance with these Terms and Conditions.

“DKRP Account” means account created by the Member on the DKRP App.

“DKRP App” means the loyalty App scheme provided by Donut King for use by each Member in relation to the Donut King Rewards Program.

“DKRP Card” means the loyalty Card scheme provided by Donut King for use by each Member in relation to the Donut King Rewards Program.

“DK Rewards” means coffees, hot and cold beverages, Donut King products, promotional prizes (including goods and services, as nominated by Donut King from time to time in its absolute discretion and subject always to availability) and include but are no limited to the Free Hot or Cold Drink Reward and Birthday Reward.

“Donut King Store” means any franchised or corporate operated Donut King store (for a full list of store locations visit www.donutking.com.au/stores/).

 “Inactive Period” means either one of the following as the context applies:

(i)     the time between the Purchase and Registration;
(ii)    the time between last use of the DKRP Card and/or DKRP App and when the DKRP Card and/or DKRP App was reactivated in accordance with these Terms and Conditions; or
(iii)   no purchase activity for two (2) consecutive years.

“Member” means reference to ‘you’ and ‘your’ and a person who has registered online in the DKRP or if Registration has not ben completed a person who has been issued a DKRP Card by Donut King.

“Membership” means Membership of the DKRP Card and/or DKRP App to the DKRP.

“Registration” means registering your details  (including your full name, sex, date of birth, email address, telephone or mobile phone number, postal address and the unique DKRP Card number printed on the Card (as applicable) in the DKRP APP, and or at the Donut King website https://members.donutking.com.au/loyalty.

“Terms and Conditions” means the DKRP Terms and Conditions set out in this agreement (as amended by Donut King from time to time in accordance with this agreement).

Annexure A

In accordance with clause 4 of these Terms and Conditions, the following is a list of approved DK-crafted hot and cold drinks available for redemption as part of the DKRP. All excluded items listed are not available as a reward for the purposes of the DKRP. Syrups are not included and can be purchased at an additional cost.

*drinks available at selected stores*