DS Points Plus Terms & Conditions

1.1 OVERVIEW

The DS POINTS PLUS® LOYALTY PROGRAM (the “Program”) is a loyalty reward program offered by DENTSPLY SIRONA PTY LTD (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible at https://www.dentsplysirona.com/en-au/customer-support/ds-points-plus-benefits.html (the “Program Website”) and any other related sites and applications referred to on the Company’s website (www.dentsplysirona.com) or on the Program Website.

The Program allows qualifying persons who have completed the membership enrolment steps (each, a “Program Member”), including creation of a rewards member account (“Account”) in accordance with these Terms and Conditions, to collect points when making purchases on items sold online by the Company (“Eligible Purchases”) at https://dentsplysirona.com/en-au/shop.html (the “DS Site”) and to redeem these points for rewards or benefits offered by the Company.

Program Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.

1.2 TERMS AND CONDITIONS

These Terms and Conditions, together with any terms set forth on the Program Website (collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time. The Company will endeavour to provide Program Members with no less than 30 days’ prior notice of any change to the Program Terms. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated. We encourage Program Members to review the Program Terms each time they access the Program Website or seek to redeem points on the DS Site.

Program Members expressly acknowledge that the Program is intended to be a promotional discount program. Redemption of Program points earned on applicable purchases of Company goods and services shall represent discounts on the future purchase made by the Program Member.

1.3 ACCEPTANCE

By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions. If you continue to use the Program after we have changed these Terms and Conditions in accordance with clause 1.2, you will be deemed to have accepted the amended Terms and Conditions.

2.1 MEMBERSHIP ENROLMENT

Membership is free to qualifying persons and no initial purchase is required in order to become a Program Member. To become a valid Program Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms.

You verify that any contact information provided to the Company, including, but not limited to, your mailing address, phone number, email address, residential phone number, and mobile phone number are true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to the Company. You acknowledge that by voluntarily providing your telephone numbers to the Company, you expressly agree to be contacted at the telephone numbers you provide for any purpose related to your membership of the Program.

2.2 PASSWORDS AND SECURITY

In order to enrol in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorised use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Limit one Account per practice.

2.3 SUSPENSION RIGHTS; CAPACITY

If the Company reasonably determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company, the Company may, in its sole discretion in order to protect the legitimate interests of the Company, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s participation in the Program, in each case, with or without advance notice to the Member (as may be reasonable practicable) and, to the maximum extent permitted by law, without liability to the Company. Any suspension or termination will not affect your obligations to the Company under these Program Terms. Upon suspension or termination of your access to the Program Website, or upon notice from the Company, all rights granted to you under these Program Terms will cease immediately and you agree that you will immediately discontinue use of the Program Website. The provisions of these Program Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Company in these Program Terms, as well as the indemnities, releases, disclaimers and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action and arbitration.

Points will not be awarded if, in the Company’s reasonable opinion, the merchandise purchased with Program points will be used for resale or non-clinical use.

Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals within Australia, above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorised such Membership and is not otherwise restricted under these Terms and Conditions. Those who have trade agreements in place e.g. Government, University/School, Community Groups, Hospitals, Corporate customers and buying groups are not eligible to participate. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited with immediate effect and the Account may be suspended or closed.

2.4 CHANGE IN INFORMATION

Program Members are required to advise the Company of any change to their email or mailing address information (or other contact information) within thirty (30) days of such change.

The Company will not be responsible for any communication not received or read by a Program Member.

2.5 INACTIVE ACCOUNTS

A Program Account is deemed to be inactive if points are not earned in connection with such Account for a period of two (2) years. The Company will notify the Program Member no later than six (6) months prior to their Program Account being deemed inactive to notify them of such upcoming event. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be forfeited by the Member.

2.6 ACCOUNT CLOSURE

You may choose to cease your Membership or close your Account at any time for any reason.

Points are reduced to zero upon closure of a Membership and any Account for any reason (including inactivity in accordance with clause 2.5).

2.7 SECURITY

If an Account is used by any other person, all points earnt through purchases or spent through redemption by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Support team that the Account has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.

3.1 COLLECTION; REDEMPTION

Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company online through the Program Website, regardless of method of payment, provided that the Account is presented/entered at the time of purchase. Orders placed through the Company’s Customer Support team via phone, in person, or other non-DS Site medium do not earn points. Points are awarded to the Program Member’s Account at the time of invoicing of the product purchases, which may be later than the date on which the qualifying purchase is made on the DS Site. The loyalty points and tiering are calculated on a daily basis on accumulated up-to-date goods/services purchase.

Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur online as set forth on the DS Site. In order to redeem points on a purchase, the Program Member must have sufficient points to cover the entire reward “purchase” at the time of redemption. The redemption schedule, available rewards and other information is available on the Program Website.

Loyalty points are earned based on GST-exclusive value of goods and/or services purchased. The redemption of loyalty points shall represent discounts to GST exclusive value of goods and/or service purchased plus related shipment and handling fee.

A Member must provide his/her Account when redeeming points in order to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up to date. The Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure.

3.2 VALUE

Points have no cash value and cannot be exchanged for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, or any other benefit. The Company assumes no liability to Members with regard to the addition or deletion of items from or for which points can be collected and/or redeemed.

3.3 TRANSFERABILITY

Except as permitted from time to time by the Company in writing, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon the death of a Member.

3.4 RETURN/EXCHANGE POLICY

In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Account is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.

Where products are acquired through the redemption of points, upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.

3.5 PROMOTION

From time to time, the Company may advertise or offer exclusive offers to select Members to earn or redeem points for items other than a discount reward or receive other benefits or discounts. All benefits and discounts are provided in compliance with relevant laws and Codes of Practice in Australia and New Zealand, for example: https://assets.cdn.thewebconsole.com/S3WEB9942/images/ADIA-Code-of-Practice---Edition-2.pdf and https://mtanz.org.nz/filescust/CMS/Training/Code_of_Practice_2016.pdf

4.1 CONFIDENTIAL INFORMATION

We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members (“Personal Information”) in accordance with Dentsply Sirona’s Australian Privacy Statement and the Australia and New Zealand Privacy Policy and Procedure available at www.dentsplysirona.com/en-au and www.dentsplysirona.com/en-nz (for Australian and New Zealand customers respectively).

You understand and acknowledge that through your use of the Program, you expressly consent to the collection and use of your Personal Information, including name, address, email address, telephone numbers, date of birth, account number and purchasing information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

4.2 CONSENT

You consent to receive e-mails, pre-recorded voice messages and/or autodialled calls (including text messages) by or on behalf of the Company relating to the Program Website or your inquiries, any transaction with the Company, and promotions regarding the Company products. These communications may be made by or on behalf of the Company, even if your phone number is registered on any Do Not Call Register. You acknowledge that should you incur a charge for these calls by your telephone carrier, the Company will not be responsible for these charges.

The Company may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. Your consent to this communications provision is not required to make any purchase with the Company.

4.3 UNSUBSCRIBE

By sharing your email address with the Company and remaining an active customer and Program Member, we and/or our service providers may communicate special offers, services, promotions and program information to you. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting the Customer Support team, or by clicking unsubscribe at the bottom of any promotional email. This should prevent you from receiving emails and renders the Account Inactive pursuant to Section 2.5 above.

5.1 WAIVER AND SEVERABILITY

Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on the Program Website (or other promotional materials).

The failure by one party to insist upon strict performance by the other party of any of the terms of the Program Terms will not be deemed a waiver of any term or of a breach by the other party of any term of this Program Terms. A waiver of any term of the Program Terms by a party must be in writing executed by that party or one of its duly authorised officers or lawyers.In the event that any provision in the Program Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of the Program Terms.

5.2 CONTACT

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: 1300 55 29 29 (Australia) or 0800 33 68 77 (New Zealand) and our email address for questions is clientservices@dentsplysirona. You acknowledge that telephone calls to or from the Company may be monitored or recorded.

5.3 JURISDICTION/GOVERNING LAW AND DISPUTE RESOLUTION

If you are located in Australia, this Agreement shall be construed and enforced in accordance with the laws of the State of Victoria, Any action brought under, pursuant to, or in connection with this Agreement shall be brought only in the courts of Victoria and each party consents to jurisdiction of such courts.

If you are located in New Zealand, this Agreement shall be construed and enforced in accordance with the laws of New Zealand. Any action brought under, pursuant to, or in connection with this Agreement shall be brought only in the courts of New Zealand and each party consents to jurisdiction of such courts.

5.4 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE PROGRAM WEBSITE IS AT YOUR RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law and provided that nothing in these Terms and Conditions limits your rights under the Australian Consumer Law, the Company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assignees (collectively, the “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) the Program Website (including its content);

(b) the functions, features, or any other elements on, or made accessible through, the Program Website;

(c) any third-party products, services, or instructions offered or referenced at or linked through the Program Website;

(d) whether the Program Website or the servers that make the Program Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);

(e) whether the information (including any instructions) on the Program Website is accurate, complete, correct, adequate, useful, timely, or reliable;

(f) whether any defects to or errors on the Program Website will be repaired or corrected;

(g) whether your access to the Program Website will be uninterrupted;

(h) whether the Program Website will be available at any particular time or location;

(i) whether your use of the Program Website is lawful in any particular jurisdiction; and

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN PROGRAM TERMS PROVIDED BY A COMPANY PARTY OR AS OTHERWISE IMPLIED BY LAW, AND PROVIDED THAT NOTHING IN THESE TERMS AND CONDITIONS LIMITS YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

5.5 LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW,NO COMPANY PARTY WILL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

(a) the Program Website (including its content);

(b) your use of or inability to use the Program Website, or the performance of the Program Website;

(c) any action taken in connection with an investigation by the Company Parties or law enforcement authorities regarding your access to or use of the Program Website;

(d) any errors or omissions in the Program Website’s technical operation; or

(e) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

To the maximum extent permitted by law, and provided that nothing in these Terms and Conditions limits your rights under the Australian Consumer Law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Site).

Where a Company Party’s liability cannot be excluded, the relevant Company Party’s liability to you will be limited to:

(a) the cost of re-supplying the goods or services or repairing, or paying the costs of repairing, the goods; or

(b) reinstating the number of points, in dispute.

5.6  UPDATES TO TERMS

AS OUR PROGRAM WEBSITE AND PROGRAM EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM (AND PROGRAM WEBSITE) MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM OR PROGRAM WEBSITE UNDER THE TERMS WHICH WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. However, the terms of service (and any applicable Program Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e. changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or Program Terms by discontinuing use of the Program Website.

5.7   GENERAL PROVISIONS

 A.          Company’s Consent or Approval.  As to any provision in these Terms and Conditions or any Program Terms that grants the Company a right of consent or approval or permits the Company to exercise a right in its “sole discretion,” the Company may exercise that right in its sole and absolute discretion acting reasonably. No Company consent, or approval may be deemed to have been granted by the Company without being in writing and signed by an officer of the Company.

         B.          Investigations; Cooperation with Law Enforcement; Termination; Survival.  The Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Program Website security or its information technology or other systems or networks, (ii) investigate any suspected breaches of the Program Terms, (iii) investigate any information obtained by the Company in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Program Terms, and (vi) discontinue the Program Website, in whole or in part acting reasonably and, to the maximum extent permitted by law, without any obligation to you or any third party.

         C.          Assignment. The Company may assign its rights and obligations under these Program Terms, in whole or in part, to any party at any time without any prior notice.  These Program Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.

         D.          Connectivity.  You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile services, and other services needed for your access to and use of the Program Website and you will be responsible for all charges related to them.