JAG VIP

The JAG VIP Program (the “Program”) is operated by JAG Apparel Pty Limited (ACN 165 682 771) (“we,” “us,” or “our”) and is designed to reward customers for their ongoing engagement with the JAG brand. By enrolling in the Program, you (“Member”) agree to be bound by these Terms and Conditions (the “Terms”).


2. ELIGIBILITY & ENROLMENT

2.1 The Program is open to individuals who are 18 years of age or older (or the age of majority in their country of residence, if higher) and who reside in a country in which we offer the Program. We reserve the right to restrict access to the Program, or specific benefits within it, in any location where any legal or operational requirement prevents participation. Clause 10 applies to any resulting change to an existing Member’s benefits.

2.2 Enrolment is free and available online through the website at jag.com.au (the “JAG Website”), in-store at a JAG retail store (a “JAG Store”) or at a JAG-branded concession within a Myer or David Jones store (a “JAG Concession”). A JAG Store does not include a JAG Concession.

2.3 One account per person is permitted. After reasonable verification, we may consolidate or close duplicate accounts. We will transfer to the retained account, without counting any purchase more than once, any Qualifying Spend attributable to genuine purchases and any reward credits, rewards or benefits not obtained through the duplication. Qualifying Spend is attributed to the original transaction date, and the commencement date of the Member’s first Annual Qualifying Period is determined by the earliest genuine completed purchase recorded against any of those accounts that, when completed, contributed to Qualifying Spend.

2.4 Members must provide accurate personal details upon registration. We are not responsible to the extent that rewards are lost because of incorrect information provided by the Member.

2.5 Membership is personal and non-transferable.

2.6 Reward credits, rewards and benefits already earned, issued or conferred, or to which existing JAG VIP members have become entitled, remain valid on their original terms. Other migration arrangements, including opening tier and spend history, will be set out in transition terms.

2.7 Membership continues until the Member closes their account, or we cancel it under Clause 10. We may suspend access to an account under Clause 10 without ending membership. A Member does not lose their membership or their Tier 1 (JAG Muse) status through inactivity or a period without Qualifying Spend (defined in Clause 4.1.2).


3. PROGRAM TIERS

The Program consists of four tiers. Placement in Tiers 1 to 3 is determined by a Member’s Qualifying Spend (defined in Clause 4.1.2) during successive fixed 12-month periods (each, an “Annual Qualifying Period”). Subject to any applicable transition terms under Clause 2.6, a Member’s first Annual Qualifying Period begins on the date of the Member’s first completed purchase recorded against their Program account that, when completed, contributed to Qualifying Spend and ends immediately before the first anniversary of that date. Each subsequent Annual Qualifying Period begins on an anniversary
of that date and ends immediately before the next anniversary. Qualifying Spend resets to zero at the beginning of each Annual Qualifying Period and is not
carried over from an earlier Annual Qualifying Period. All dates and anniversaries under this Clause 3 are determined by reference to the local time in Sydney, Australia. Until their first Annual Qualifying Period begins, a Member remains in Tier 1. Placement in Tier 4 is governed by Clause 3.4.

3.1  Tier 1 – JAG Muse

• Qualifying Spend in an Annual Qualifying Period: less than $500.

•  Accessible upon sign-up.

• Benefits for this tier may change under Clause 10.[AR1.1]

3.2  Tier 2 – JAG Icon

•  Qualifying Spend in an Annual Qualifying Period: $500 or more but less than $1,500.

• Unlocked when the Member’s Qualifying Spend in the current Annual Qualifying Period reaches the applicable threshold.

• Benefits for this tier may change under Clause 10.[AR2.1]

3.3  Tier 3 – JAG Luminary

•  Qualifying Spend in an Annual Qualifying Period: $1,500 or more.

• Unlocked when the Member’s Qualifying Spend in the current Annual Qualifying Period reaches the applicable threshold.

• Benefits for this tier may change under Clause 10.[AR3.1]

3.4  Tier 4 – JAG
Couture (Invitation Only)

• We may invite a Member to JAG Couture after considering the Member’s Qualifying Spend and brand engagement. No level of Qualifying Spend or brand engagement guarantees an invitation or renewal.

• Couture status begins on the date the invitation is issued, or any later date stated in the invitation, and continues for 12 months. We may renew Couture status for further 12-month periods after considering the Member’s Qualifying Spend and brand engagement. Unless renewed, Couture status expires at the end of the applicable 12-month period.

•Once Couture status begins, it may end before the expiry of that period only if: (a) it was obtained through fraud or conferred in error and is corrected under
Clause 4.6; (b) the Member’s membership ends under Clause 2.7; or (c) the JAG
Couture tier or the Program is terminated under Clause 10.2.

•  While Couture status applies, the Member receives all rewards and benefits available to a Luminary Member under these Terms, on the same terms, together with any additional bespoke rewards and benefits specified in the Member’s Couture invitation or otherwise offered to the Member on the terms communicated with that offer.

• Couture status is additional to, and does not replace, the Member’s placement in Tiers 1 to 3. While Couture status applies, the Member’s Qualifying Spend continues to accumulate and their placement in Tiers 1 to 3 continues to be determined and reassessed under Clauses 3.1 to 3.3, 3.5 and 3.6. When Couture status ends, the Member continues in the tier then applicable under those clauses.

• Subject to Clauses 4.6, 5.7 and 10.6, the expiry or non-renewal of Couture status does not affect any reward credit, reward or benefit already issued or conferred, or to which the Member has become entitled.[AR4.1]

3.5  Tier Upgrades and Annual Reassessment

During an Annual Qualifying Period, a Member moves from Tier 1 to Tier 2, or from Tier 1 or Tier 2 to Tier 3, when their Qualifying Spend in that period reaches the applicable threshold. Subject to Clauses 3.6 and 4.6, no downgrade between Tiers 1 to 3 occurs before the next annual reassessment.

At the beginning of each subsequent Annual Qualifying Period, the Member’s placement in Tiers 1 to 3 is reassessed by reference to their Qualifying Spend in the completed Annual Qualifying Period, and the Member is placed in the applicable tier under Clauses 3.1 to 3.3. A Member with no Qualifying Spend in the completed Annual Qualifying Period, including a Member who made no purchase during that period, is placed in Tier 1.

We will endeavour to notify a Member before any tier downgrade. Subject to Clauses 3.6, 4.6 and 5.7, a downgrade does not affect reward credits already earned or any other reward or benefit already issued or to which the Member has become entitled.

This Clause 3.5 does not determine placement in Tier 4, which is governed by Clause 3.4.

3.6 Annual Qualifying Period Corrections

Subject to Clauses 2.3 and 8.2, a cancellation, return, refund, chargeback or correction is attributed to the Annual Qualifying Period in which the original transaction occurred. It does not otherwise change the commencement or end of that Annual Qualifying Period or affect Qualifying Spend in a later Annual Qualifying Period, except to the extent necessary to correct a verified error under Clause 4.6.

If a correction to a completed Annual Qualifying Period affects the tier on which the Member’s current tier was based, any increase in
the Member’s tier takes effect prospectively when the correction is processed. We may apply any reduction in the Member’s tier prospectively when the correction is processed, but not below any higher tier independently earned
during the current Annual Qualifying Period. Historical tier status and
non-monetary benefits already used are not retrospectively reversed.

Subject to the Tier Entry Reward rules in Clause 4.2, any Tier Entry Reward directly affected by the correction will be issued if the correction establishes the Member’s entitlement to it, and may be cancelled or reversed under Clause 4.6 if the correction removes that entitlement. If the correction means that the Member satisfied one or more different tier thresholds, entitlement to each Tier Entry Reward for a threshold satisfied is determined separately under Clause 4.2. Any Tier Anniversary Reward or Birthday
Reward directly affected by the correction will be issued or increased if the correction establishes or increases the Member’s entitlement, and may be
cancelled, reduced or reversed under Clause 4.6 if the correction removes or reduces that entitlement.

Any resulting shortfall may be offset against future reward credits under Clause 4.6 but does not of itself create a debt payable by the Member. This does not limit any right or remedy available to us under these Terms or applicable law to the extent the shortfall results from the Member’s fraud or other intentionally dishonest conduct.

Once the commencement date of the Member’s first Annual Qualifying Period has been established under the opening paragraph of Clause 3, a later cancellation, return, refund, chargeback or reversal of the purchase that established it does not change that date.


4. EARNING REWARDS

4.1  Shopping Rewards (Dollar-Value Credits) Reward credits are issued as dollar-value credits to the Member’s account based on the Qualifying Spend in each transaction, as follows. The same reward values apply across all tiers:
Spend $125 or more in a day – earn $10
Spend $300 or more in a day – earn $35
Spend $500 or more in a day – earn $65
Spend $1,000 or more in a day – earn $130

4.1.1 First online shop reward: earn $10 credited to the Member’s account on the Member’s first completed purchase through the JAG Website that contributes to Qualifying Spend (one-time per Member).

4.1.2 For the purposes of the Program, “Qualifying Spend” means the amount a Member actually pays (including GST), after discounts, for JAG products purchased through the JAG Website, at a JAG Store or at a JAG Concession, as adjusted for any cancellation, return, refund, chargeback or correction, but excluding shipping or other delivery charges, any amount paid to purchase or add value to a gift card and any portion paid using reward credits. An amount paid by redeeming a gift card forms part of Qualifying Spend. Each transaction is assessed separately against the ranges in Clause 4.1 and earns only the single shopping reward-credit amount specified for the applicable range. A transaction with Qualifying Spend below $125 does not earn shopping reward credits under those ranges. Qualifying Spend from different transactions is not combined for the purposes of Clause 4.1, but all Qualifying Spend, including from a transaction below $125, accumulates across the JAG Website, JAG Stores and JAG Concessions within the applicable Annual Qualifying Period for tier placement under Clause 3. This does not limit the separate first online shop reward under Clause 4.1.1 or the issue of any Tier Entry Reward under Clause 4.2. Despite any contrary applicable offer or invitation term, a transaction made under an offer or invitation is assessed under this Clause 4.1 and contributes to Qualifying Spend and earns shopping reward credits to the extent provided by this Clause 4.1.

4.1.3  Each transaction at a JAG Concession is assessed separately under this Clause 4.1 by reference to the Qualifying Spend in that transaction. Reward credits from purchases at a JAG Concession may take longer to appear in the Member’s account than reward credits from other purchases. Reward credits cannot be redeemed at a JAG Concession (see Clause 5.1). A purchase of JAG products through a website operated by Myer, David Jones or another third party is not a purchase through the JAG Website or at a JAG Concession and does not form part of Qualifying Spend or earn reward credits.

4.2 Milestone Rewards
Welcome Offer
● Muse (Tier 1): 15% discount on the Member’s first eligible purchase through the JAG Website or at a JAG Store (one-time).
● Icon (Tier 2) and Luminary (Tier 3): No new Welcome Offer is made available on entry to these tiers. An unused Welcome Offer previously made available to the Member continues under Clause 4.2.2.
● Couture (Tier 4): No new Welcome Offer is made available on entry to Couture. An unused Welcome Offer previously made available to the Member continues under Clause 4.2.2.
Tier Entry Reward
● Icon (Tier 2): $20 credited upon reaching this tier.
● Luminary (Tier 3): $30 credited upon reaching this tier.
● Couture status does not itself trigger a Tier Entry Reward. A Couture Member remains eligible for the applicable Tier Entry Reward if their continuing placement in Tiers 1 to 3 reaches Icon or Luminary.

Despite any contrary applicable offer or invitation term, if a transaction, or a consolidation or correction under Clauses 2.3, 3.6, 4.6 or 8.2, causes a Member to move directly from Tier 1 to Tier 3, both the Tier 2 and Tier 3 Tier Entry Rewards are issued, subject to the once-only rule in the following paragraph.

Despite any contrary applicable offer or invitation term, each Tier Entry Reward is available only once per Member: once for Tier 2 and once for Tier 3, whether issued when the Member reaches the relevant tier or under the preceding paragraph. A downgrade from, and later re-entry into, a tier does not give rise to another Tier Entry Reward for that tier. An earlier threshold crossing is disregarded for this purpose if the tier placement or threshold crossing that gave rise to it is corrected under Clause 3.6 or Clause 4.6 and either the corresponding Tier Entry Reward was not issued or the whole of that reward has been cancelled, reversed or otherwise recovered.

If an earlier tier placement or threshold crossing has been corrected under Clause 3.6 or Clause 4.6, and the whole of the corresponding Tier Entry Reward is cancelled, reversed or otherwise recovered only after the Member has again satisfied the relevant threshold, the Tier Entry Reward for that later threshold crossing is issued when the cancellation, reversal or recovery is completed, unless that later threshold crossing has itself been corrected under Clause 3.6 or Clause 4.6.
Tier Anniversary Reward
● Muse (Tier 1): $15
● Icon (Tier 2): $20
● Luminary (Tier 3) and Couture (Tier 4): $30
Birthday Reward
● Muse (Tier 1): $20
● Icon (Tier 2): $25
● Luminary (Tier 3) and Couture (Tier 4): $30

4.2.1 One Birthday Reward is issued in each calendar year during the Member’s birth month if the Member’s date of birth is recorded in the Member’s account before the end of that month. Its amount is determined by the Member’s placement in Tiers 1 to 3 when it is issued, except that, if Couture status applies at that time, it is issued at the Luminary amount. A Birthday Reward is not issued for an earlier birth month merely because the Member’s date of birth is recorded later. This does not limit correction of a verified error under Clause 4.6.

4.2.2 A Welcome Offer made available to a Member while in Tier 1 is available only once per Member and applies to the Member’s first eligible purchase through the JAG Website or at a JAG Store. Despite any contrary applicable offer term, the Welcome Offer cannot be applied to the purchase of, or to add value to, a gift card. It is subject to any other applicable exclusions stated in these Terms or communicated when the Welcome Offer is made available. Except to the extent a different validity period is preserved under Clause 2.6, an unused Welcome Offer expires six months after it is made available. A purchase at a JAG Concession, or any other purchase to which an applicable exclusion applies, does not use the Welcome Offer. Subject to its applicable expiry, an unused Welcome Offer remains available if the Member subsequently moves out of Tier 1.

4.2.3 A Tier Anniversary Reward is issued on each anniversary of the commencement of the Member’s first Annual Qualifying Period. Its amount is determined by the Member’s placement in Tiers 1 to 3 immediately after the annual reassessment under Clause 3.5, except that, while Couture status applies, it is issued at the Luminary amount. The commencement or renewal of Couture status does not itself trigger a Tier Entry Reward or create a separate anniversary for the purposes of this Clause 4.2. An annual reassessment under Clause 3.5 does not itself trigger a Tier Entry Reward.

4.2.4 Each Tier Entry Reward, Tier Anniversary Reward and Birthday Reward is issued by crediting the applicable amount to the Member’s account as reward credits. Clauses 5 and 6 apply to those reward credits. The Welcome Offer is a discount, not a reward credit, and is governed by Clause 4.2.2.

4.3 Engagement Rewards
Members may earn reward credits for non-transactional engagement activities, subject to verification and any applicable offer terms:
● Follow JAG on social media – earn $10 per platform (Instagram, Facebook and TikTok)[AR5.1]
● Submit a store [AR6.1][CF6.2]or product review – earn $10 for every 5 eligible reviews approved

4.3.1 Social media follow rewards are available on eligible platforms as specified by us; changes to the eligible platforms are governed by Clause 10. Each Member may claim one reward for each platform.

4.3.2 Reviews must be submitted through an approved channel and verified as genuine before a reward is issued. Eligibility and the reward do not depend on a review being positive or negative.

4.3.3 From time to time, we may invite existing Members to participate in a separate referral promotion, on the terms provided with that promotion.

4.4 Gifting Earned Rewards
Members may gift reward credits to other Members, subject to the following limits in each calendar year, determined by reference to the local time in Sydney, Australia:
• Muse (Tier 1): Up to 2 gifts.
• Icon (Tier 2): Up to 4 gifts.
• Luminary (Tier 3) and Couture (Tier 4): Unlimited.
The applicable limit is determined by the Member’s tier when the gift is made, and all gifts already made by the Member during that calendar year count towards that limit. A later tier downgrade does not invalidate a gift already completed.
A gift is subject to reasonable identification, verification and processing conditions disclosed before the Member confirms it. Those conditions must not shorten the gifted credits’ expiry or, other than as expressly stated in these Terms, materially restrict their use. Gifted credits keep their expiry and cannot be sold or re-gifted. We may reverse a gift in accordance with Clause 4.6. Changes to this feature are governed by Clause 10.


4.2.1  One Birthday Reward is issued in each calendar year during the Member’s birth month if the Member’s date of birth is recorded in the Member’s account before the end of that month. Its amount is determined by the Member’s placement in Tiers 1 to 3 when it is issued, except that, if Couture status applies at that time, it is issued at the Luminary amount. A Birthday Reward is not issued for an earlier birth month merely because the Member’s date of birth is recorded later. This does not limit correction of a verified error under Clause 4.6.

4.2.2 A Welcome Offer made available to a Member while in Tier 1 is available only once per Member and applies to the Member’s first eligible purchase through the JAG Website or at a JAG Store. Despite any contrary applicable offer term, the Welcome Offer cannot be applied to the purchase of, or to add value to, a gift card. It is subject to any other applicable exclusions stated in these Terms or communicated when the Welcome Offer is made available. Except to the extent a different validity period is preserved under Clause 2.6, an unused Welcome Offer expires six months after it is made available. A purchase at a JAG Concession, or any other purchase to which an applicable exclusion applies, does not use the Welcome Offer. Subject to its applicable expiry, an unused Welcome Offer remains available if the Member subsequently moves out of Tier 1.

4.5 Additional Rewards
We may issue reward credits to Members who have not transacted within certain periods. These rewards are issued at our discretion and are not guaranteed.

4.6 Verification and Adjustments
After reasonable verification, we may reverse, adjust or correct reward credits, tier status, rewards and benefits to the extent directly affected by a cancellation, return, refund, chargeback, fraud, abuse or manipulation of the Program, a material breach of these Terms, or error, and will correct any verified error we make. If the balance of reward credits is insufficient, we may offset the shortfall against future reward credits. We will notify the Member of any material adjustment and the reasons for it and, on request, review the adjustment. We may delay that notice where earlier disclosure would prejudice a fraud or security investigation, but will give it as soon as reasonably safe and lawful.


5. REDEEMING REWARDS

5.1 Reward credits may be redeemed online through the JAG Website or in-store at JAG Stores. Reward credits are not redeemable at a JAG Concession, any other concession, or any third-party stockist. Despite any contrary applicable offer or invitation term, reward credits cannot be redeemed against the purchase of, or to add value to, a gift card.

5.2 Reward credits will be displayed in a Member’s account and at checkout where eligible.

5.3 A minimum order value may apply to reward redemptions. It will be disclosed before the reward is earned or, for a discretionary reward, when it is issued.

5.4 Reward credits cannot be redeemed for cash and have no monetary value outside the Program.

5.5 Reward credits may be redeemed in a transaction to which the Welcome Offer applies, despite any contrary applicable offer term. Reward credits cannot be combined with any other promotional code unless expressly stated by us.

5.6 Purchases made using reward credits are not eligible to earn further reward credits on the portion paid using reward credits.

5.7 If the purchase of an item is cancelled, an item is returned or the full purchase price of an item is otherwise refunded, any reward credits applied to the purchase price of that item in the original transaction are reinstated in full. Reward credits applied to the purchase price of an item that is retained and has not been fully refunded are not reinstated. Reinstated reward credits expire on the later of their original expiry date and the date 30 days after reinstatement.

We may recalculate the Qualifying Spend and the shopping reward credits earned under the spend ranges in Clause 4.1 for the original transaction by reference to the Qualifying Spend remaining after the cancellation, return or refund, and reverse any excess reward credits, with any shortfall handled under Clause 4.6.
If, after the cancellation, return or refund, no item retained from an online transaction contributes to Qualifying Spend, we may reverse any first online shop reward issued for that transaction under Clause 4.6. If that transaction was the purchase on which the Member became entitled to the first online shop reward under Clause 4.1.1, including because an earlier transaction was disregarded under this paragraph, and either no first online shop reward was issued for it or the whole of any such reward has been reversed or otherwise recovered, that transaction and any issue of that reward are disregarded for the purposes of Clause 4.1.1 only. The Member is then eligible to earn the first online shop reward on the first completed purchase through the JAG Website that: (a) occurs after the cancellation, return or refund and, if a first online shop reward was issued for the earlier transaction, after the whole of that reward has been reversed or otherwise recovered; and (b) contributes to Qualifying Spend.

6. REWARD EXPIRY

6.1 Reward credits are subject to expiry. Each reward credit’s expiry period will be disclosed before it is earned or, for a discretionary reward credit, when it is issued. The expiry date of a reward credit will be displayed when it is issued. Expiry periods may vary by reward type and tier.

6.2 We will endeavour to notify Members prior to reward expiry. It is the Member’s responsibility to track and redeem rewards within the applicable period.

6.3 Subject to Clause 10.7, expired reward credits will not be reinstated, except where their expiry resulted from our error or reinstatement is required by law.


7. ADDITIONAL TIER BENEFITS

Free Shipping

●  Muse (Tier 1): Free standard shipping on orders $150 or more.

●   Icon (Tier 2): Free standard shipping on orders $50 or more.

●  Luminary (Tier 3) and Couture (Tier 4): Free express shipping on orders $50 or more.

Store Event Invitations

●  Muse (Tier 1): Selected events.

●  Icon (Tier 2), Luminary (Tier 3) and Couture (Tier 4): Exclusive events.

VIP Sale Access

● Available to all tiers.

7.1  Additional benefits are subject to availability and may be modified or withdrawn under Clause 10.

7.2  Free shipping applies to the delivery method specified for the Member’s tier within supported shipping destinations. If express delivery is unavailable for a Luminary or Couture Member, free standard delivery applies. Delivery options may vary by location. The dollar thresholds in this Clause 7 apply in accordance with Clause 13.4. For a current list of supported destinations, visit our shipping information. We reserve the right to update our shipping destinations, and Clause 10 applies to any resulting change to a Member’s benefits.

7.3  Event invitations are subject to eligibility, capacity and availability, and we will exercise any discretion in issuing them reasonably. Invitations are non-transferable and do not guarantee entry.

8. IN-STORE IDENTIFICATION

8.1 Members may identify themselves as a Program Member at a JAG Store or JAG Concession using the barcode associated with their account or by providing the details linked to their membership (such as name and membership number).

8.2 It is the Member’s responsibility to identify themselves as a Program Member at the point of sale in order for Qualifying Spend from a purchase at a JAG Store or JAG Concession to be recorded and for the Member to earn any resulting reward credits, or to redeem reward credits at a JAG Store. We are not required to record Qualifying Spend or award reward credits retrospectively where a Member did not identify themselves at the point of sale, but may do so after reasonable verification, in which case the adjustment is attributed to the original transaction date. Where a Member did identify themselves but a technical or point-of-sale failure prevented the transaction from being recorded, we will correct the error after reasonable verification and attribute the adjustment to the original transaction date.

9. ACCOUNT MANAGEMENT

9.1 Members can view their tier status, reward credit balance, transaction history and account details via their online account on the JAG Website.

9.2 Members are responsible for maintaining the security of their account credentials. Members must promptly report any suspected unauthorised access, and we are not liable to the extent that loss is caused by a Member’s failure to keep their credentials secure or report a compromise.

9.3 To update personal details, including date of birth and contact information, Members should log in to their account or contact JAG Customer Care at online@jag.com.au.

9.4 A Member may close their account at any time by contacting JAG Customer Care or using their online account, and closure takes effect once we process the request. Closure is subject to Clause 10, and we may defer closure while the account is suspended or under investigation under Clause 10, but only for as long as reasonably necessary to complete that process. The Member may redeem available reward credits and use any other issued reward or benefit up to closure. On closure, any unused reward credits, rewards and benefits are forfeited, except that where a Member closes their account because they do not accept an amendment under Clause 10.1, we will allow a reasonable period to use them, or provide equivalent value, subject to their ordinary expiry. Re-enrolment does not restore value forfeited on an earlier closure, or renew eligibility for a reward stated to be available only once per Member.

10. PROGRAM CHANGES, SUSPENSION & TERMINATION

10.1 We may amend these Terms or change any aspect of the Program from time to time, including its eligibility requirements, tier structure, qualifying periods, earning rates, reward values, expiry periods, redemption rules, benefits, participating locations and participating channels. We will publish the amended Terms on the JAG Website and identify the date they were last updated and the date the amendment or change takes effect. If an amendment or change is reasonably likely to materially and adversely affect Members or a class of Members, we will give reasonable advance notice on the JAG Website and, to the affected Members, by email or another direct electronic communication. We may implement an amendment or change earlier where reasonably necessary to comply with law or to address an urgent fraud, security or technical risk, but will give notice as soon as reasonably practicable afterwards. An amendment or change takes effect on its stated effective date, and a Member’s continued participation in the Program after that date — including by earning, redeeming or gifting reward credits or rewards, or using a Program benefit — constitutes acceptance of the amended Terms; merely retaining an inactive account does not constitute continued participation. A Member who does not accept an amendment may cease participating and request closure of their account under Clause 9.4 before the amendment takes effect. An amendment or change operates prospectively and will not, of itself: (a) cancel or reduce any reward credit, reward or benefit already earned, issued or conferred, or to which a Member has become entitled; (b) shorten its existing expiry or validity period; or (c) impose a new material restriction on its use. This does not limit any adjustment we may make under Clauses 2.3, 4.6, 5.7 or 10.6, or as required by law. If we cannot reasonably continue to provide that reward credit, reward or benefit, we will provide equivalent Program value with a reasonable validity period. Continued participation does not replace any separate consent required by law.

10.2 We may suspend or terminate all or part of the Program where we reasonably consider this necessary for legal, regulatory, fraud-prevention, security, technical or operational reasons, or because of a material change affecting the Program’s operational or financial sustainability. Any suspension will continue for no longer than reasonably necessary. We will give reasonable notice of any material suspension of the Program, directly to affected Members as soon as reasonably practicable. Before terminating the Program, we will give reasonable advance notice on the JAG Website and by direct electronic communication, unless notice is prohibited by law or would create a material fraud or security risk, in which case we will give notice as soon as reasonably safe and lawful. Clause 10.7 applies to affected value.

10.3 We may immediately and without prior notice suspend a Member’s access to all or part of their account while we investigate conduct or circumstances that we reasonably suspect involve fraud, abuse or manipulation of the Program, a material breach of these Terms or a security risk. We will notify the Member of the suspension and its basis as soon as reasonably safe and lawful. The suspension will continue for no longer than reasonably necessary and, if cancellation is proposed, until we complete the process under Clause 10.4 or 10.5. During suspension, we may prevent affected reward credits, rewards and benefits from being redeemed, used, gifted or transferred, and may suspend the issue of new rewards. A suspension does not itself cancel the account or permit value to be reversed, forfeited or withdrawn. If we do not proceed to cancel the account, we will promptly lift the suspension and restore access and any affected value not adjusted under Clauses 2.3, 4.6 or 5.7, with Clause 10.7 applying to any expiry or validity period affected by the suspension.

10.4 Following an investigation under Clause 10.3, and except as provided in Clause 10.5, before cancelling an account we will notify the Member of the relevant conduct or risk and the proposed cancellation, give the Member a reasonable opportunity to respond, and consider that response. We may cancel the account only if we reasonably determine that the relevant conduct or risk existed and that cancellation is reasonably necessary and proportionate.

10.5 We may cancel an account without prior notice if cancellation is reasonably necessary and proportionate and we reasonably consider that: (a) the Member engaged in fraud; (b) the account presents a security risk; or (c) giving prior notice or continuing access would be unlawful or reasonably likely to facilitate further fraud or abuse or compromise fraud prevention or security. We will notify the Member of the cancellation and its basis, and give the Member a reasonable opportunity to respond, as soon as reasonably safe and lawful. We will promptly review any response and, if the cancellation was not justified, reinstate the account and restore the affected value or provide equivalent Program value.

10.6 If we cancel an account under Clause 10.4 or 10.5, we may reverse or forfeit reward credits or withdraw any other reward or benefit only to the extent reasonably proportionate to, and directly connected with, the conduct that justified cancellation.

10.7 Where we suspend or cancel an account, suspend or terminate the Program, or delay access under this Clause 10, we will preserve any reward credit, reward or benefit already earned or issued, or to which the Member has become entitled, that is not adjusted, reversed, forfeited or withdrawn under Clauses 2.3, 4.6, 5.7 or 10.6. We will allow a reasonable opportunity to use that unaffected value or provide equivalent Program value. If use would be unlawful or reasonably likely to facilitate fraud or abuse or create a security risk, we may delay access but must preserve the value and make it available as soon as reasonably safe and lawful. Any expiry or validity period that runs while use is prevented by action under this Clause 10 is paused and extended by that period. If an extension is not reasonably practicable, we will provide equivalent Program value with a reasonable validity period. Where the Program or the Member’s account has ended, any equivalent value will be provided in a form usable independently of the Program and on terms no less favourable in material respects than the affected value, such as a voucher or credit.

11. PRIVACY

11.1  We collect and handle personal information to operate the Program, personalise the Member experience and send necessary non-marketing Program communications, as described in our Privacy Policy and the collection notice provided at or before the time the relevant personal information is collected or, if that is not practicable, as soon as practicable afterwards.

11.2 We handle all personal information in accordance with our Privacy Policy, available at https://www.jag.com.au/help/privacy-policy. Where applicable, we comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and any other privacy or data protection laws that apply to the Program.

11.3 Members may opt out of marketing communications at any time without affecting membership or necessary non-marketing Program communications.

12.LIMITATION OF LIABILITY

12.1 To the maximum extent permitted by law, we do not accept any liability to a Member whatsoever, including for negligent acts or omissions, arising out of or in connection with the Program.

12.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

13. GENERAL

13.1 These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, to the extent permitted by applicable law. Members in other jurisdictions may have additional rights under local law that these Terms do not override.

13.2 If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.

13.3 These Terms and any applicable offer, invitation or transition terms constitute the entire agreement about the Program. If they are inconsistent, the applicable offer, invitation or transition terms prevail to the extent of the inconsistency in relation to that offer, invitation or transition, subject to any provision of these Terms that expressly states otherwise and to the following exceptions:
(a) a Couture invitation or terms applying to a bespoke Couture reward or benefit do not reduce the Luminary rewards and benefits available to the Member under Clause 3.4, shorten the Member’s current 12-month Couture period or permit Couture status to end earlier than Clause 3.4 permits;
(b) transition terms do not reduce any reward credit, reward or benefit preserved under Clause 2.6; and
(c) after any reward credit, reward or benefit has been earned, issued or conferred or the Member has otherwise become entitled to it, an applicable offer or invitation term does not operate to cancel, reduce, reverse, forfeit or withdraw it, shorten its disclosed expiry or validity period, or impose a new material restriction on its use, except to the extent permitted by Clauses 2.3, 4.6, 5.7 or 10.6 or required by law.
This does not affect accrued rights or liability for misleading or deceptive conduct.

13.4 Unless otherwise stated in these Terms or applicable offer terms, each dollar threshold, reward amount and other dollar amount in these Terms applies at the same numerical face value in Australian dollars and New Zealand dollars. Qualifying Spend in those currencies is aggregated at face value without conversion. A reward credit has the same numerical face value in each of those currencies and, when redeemed, is applied at that value in the currency in which the redemption transaction is processed.

14. CONTACT US

For enquiries or complaints about the JAG Loyalty Program, please contact:

Jag Customer Care

Email: online@jag.com.au

Phone: 1800 993 946 (Australia) /
0800 767 025 (New Zealand)