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    Terms and Conditions

    Oporto Flame Rewards Loyalty Program Terms & Conditions

    Overview

    1. The Oporto Loyalty Club Programme (“Flame Rewards”) is a loyalty programme which is operated by Oporto Franchising Pty Ltd (“Oporto”).
    2. By registering with the Programme on Oporto’s website, and/or by downloading and/or using a compatible Application, you agree to these Terms and Conditions and are bound by all of them, as may be changed from time to time, and you consent to Oporto’s collection and use and disclosure of your personal information in accordance with the separate Oporto Privacy Policy as may be amended from time to time and incorporated herein by reference. Further, you acknowledge and accept these Terms and Conditions as a condition of continued membership.
    3. The Programme is only available in those participating restaurants listed on the Oporto website. Oporto may vary the number of location of Oporto restaurants that offer the Programme and shall notify any changes to Members via email.

    Membership Enrolment, Activation and Eligibility

    1. Eligible individuals enrol in the Programme and become an Oporto Loyalty Club Member (“Members”) by:
      1. downloading the Oporto Application (‘App’) for compatible smart phones and devices or collecting a card (‘Card’) from a participating Oporto restaurant;
      2. in the case of the App, following the prompts to complete registration as a member and then activating their virtual card in store by scanning it;
      3. in the case of the Card, activating the card in store by scanning it and then visiting the Oporto website at http://www.oporto.com.au/flame and registering their details; and
      4. verifying their email address by following the prompts following receipt of an email from Oporto.
      5. in the case of instore POS registration, customers have 72 hours to complete the process from activating the verification link received in the registration SMS.
    2. Only a person is eligible to enrol as a Member.
    3. To be eligible to participate in the Programme, a person must have a valid Australian address, a valid email address and be 18 years of age or older. Those under the age of 18 are eligible to participate in the Programme provided they are over the age of 13 and have received parental or guardian consent. Parents/guardians may be required by Oporto to enter into a further agreement as evidence of consent for a minor to participate in the Programme.
    4. By enrolling in the Programme, Members consent to receive the Oporto Loyalty Club e-newsletter as well as other email, push notification, Vouchers to the App and SMS communications containing special offers about the Programme and its rewards and services.
    5. Membership is non-transferable, is not redeemable for cash, and is non-refundable.
    6. No fees will be charged by Oporto for the issue, registration, activation or use of the Card or App. Members are responsible for any costs charged by their service provider for Internet access to use the App.
    7. Membership is a privilege which can be revoked by Oporto in its sole discretion at any time and without compensation for any reason including without limitation, for abuse or breach by a Member of any of the Terms and Conditions of the Programme or any other actions deemed by Oporto, acting in its sole discretion, to be contrary to Oporto, the Programme or the interests of its Members or partners.

    Your Account

    1. Upon registration, an account will be created for the Member (“Account”).
    2. There is a strict limit of one (1) registered Account per Member. Each Account requires an independent email address.
    3. Each Member shall be responsible for updating their Account to reflect any change of their name, mailing address, email address, mobile phone number or any other required membership enrolment data. Members update their details on a self-service basis by visiting oporto.com.au/flame.
    4. Should a password relating to an Account be lost or forgotten, Members should go to oporto.com.au/flame, follow the prompts to update their password.

    Benefits

    1. A Member may not gain any features, dollars, promotions, offers or recognitions offered under the Programme (“Benefits”) from activities or purchases undertaken on behalf of a business.
    2. Individuals must become and remain a Member of the Programme to participate in the Programme and earn and redeem Benefits.
    3. Oporto specifically reserves the right to amend, alter, withdraw or terminate the Programme, any Benefits or these Terms and Conditions either with or without notice. Any such changes may affect Benefits, which you may have previously accumulated, as well as any future accumulation of Benefits. Enrolment, membership and all related Benefits of the Programme are offered in the sole discretion of Oporto.

    Cards and the App

    1. The Card and the App will be accepted in participating Oporto restaurants across Australia. From time to time some Oporto restaurants may be prevented from accepting due to circumstances beyond their control (e.g. internet outage). If an Oporto restaurant does not accept the Card or App, individuals will be required to visit an alternative participating restaurant in order to participate in the Programme.
    2. Oporto reserves the right not to accept a Card or App should we believe that the use is unauthorised, fraudulent or otherwise unlawful.

    Earning Flame Rewards Dollars

    1. To earn or be eligible to receive Flame Rewards Dollars you must be a Member and have your physical Card or App virtual Card associated with your Account scanned at the time of the transaction.
    2. Until otherwise advised by Oporto, one (1) Oporto Flame Rewards Loyalty Club dollar (“Dollar”) will be awarded to a Member’s Account for each dollar spent by the Member (or paid for by redeeming Dollars). In a participating Oporto restaurant in Australia. Dollars are accrued for full priced items (excluding some promotional items, discounted baskets and some purchases using vouchers). Dollars are earned on the amount of the item and not the full amount paid in a transaction, e.g. for a $5.98 purchase, if a Member pays $6.00 in cash, the member earns 5.98, not 6 Flame Reward Dollars. The Flame Rewards Dollars earned will be rounded down to two decimal points after conversion. For example: based on the Value of Dollars in clause 25, an eligible item with a value of $12.93 equals Flame Rewards Dollars to the value of $0.86 ($12.95 divided by 15 Flame Rewards Dollars, rounded down to 2 decimal points); an eligible item with a value of $14.98 equals Flame Rewards Dollars to the value of $0.99 ($14.98 divided by 15 Flame Reward Dollars, rounded down to 2 decimal points).
    3. Members can check their Dollars balance at any time through their App or by visiting oporto.com.au/flame and logging in with their email address and password.
    4. Purchases of promotional items and/or discounted items or items purchased using vouchers will not accrue Dollars. Dollars will not be awarded for purchases in association with any promotion, offer or discount.
    5. No member can accrue more than $330 Flame Rewards Dollars at any one time.

    Value of Dollars

    1. Member earning rate differs between Member Status levels. Platinum Status twelve Flame Rewards Dollars earns you one (1) Flame Reward Dollar. Gold Status fifteen Flame Rewards Dollars earns you one (1) Flame Reward Dollar. Silver Status seventeen Flame Rewards Dollars earns you one (1) Flame Reward Dollar. Orange Status twenty Flame Rewards Dollars earns you one (1) Flame Reward Dollar. A Flame Rewards Dollar is equivalent to $1.00 AUD and may only be redeemed at a participating Oporto restaurant and only for the purchase of Oporto Products. No Member can redeem Dollars for cash. Only transactions of $5 or more will contribute to the Flame Rewards membership status movement rules.

    Redeeming Dollars

    1. Dollars can only be redeemed by a Member;
      1. If they have fully completed the steps set out in clause 4; and
      2. for Oporto Products at a participating Oporto restaurant and Members may use a combination of Dollars, Australian dollars and credit in one (1) transaction – a Member does not have to pay in full with Points.
    2. Dollars are redeemed by presenting a Card, App QR code or mobile number associated with a registered Account at the time of purchase and having the physical Card or virtual card scanned.
    3. Members may be required to provide proof of and/or authentication of their identity when redeeming Dollars. In the event a Member does not have proof of identity when redeeming Dollars they may not be allowed to redeem Dollars.
    4. Points balances are not transferable, exchangeable, or redeemable for cash. Dollars accrued in multiple Accounts cannot be combined.
    5. No Member can redeem less than $0.05 worth of Flame Rewards Dollars at any time.
    6. It is each Member’s responsibility to ensure that the correct number of Dollars has been added or deducted for each eligible transaction. Individuals must notify Oporto of any apparent discrepancy as soon as possible by contacting the Oporto Rewards Helpdesk via our feedback form at http://www.oporto.com.au/contact/feedback. Oporto will not be able to add Dollars related to transactions where a card was not scanned by a Member.

    Expiry Date of Dollars

    1. If your Account is Inactive for any consecutive 12 month period then all your Dollars will automatically expire.
    2. Oporto reserves the right, after the member signs up instore through Point of Sale and account remains unregistered, to burn the members registration details after 72 hours. After this period all member details and accumulated Flame Reward dollars will be erased from the database. Members are able to re-start the enrolment process again if they wish to re-join at a later date.

    Additional Benefits

    1. If a Member fully completes all the steps set out in Clause 4, then that Member shall receive a 5 Flame Reward Dollar Voucher which may be used to purchase Oporto Products at a participating Oporto restaurant. This Voucher must be used within four (4) weeks of the date of Registration and at the expiry of that period it will automatically expire. A person is only entitled to receive the 5 Flame Oporto Dollar Voucher once – if that person registers or re-registers as a Member at a later date they will not be entitled to another credit. The voucher cannot be redeemed for cash and must be used in one transaction only. If the full 5 Flame Rewards Dollars is not used within the one transaction, the member forfeits the remaining Flame Rewards Dollars.
    1. Members are entitled to Birthday offer, with the reward dependent on their membership status, and on presentation of a registered physical Card or App virtual card. The offer must be redeemed in accordance with the directions given by Oporto. Oporto will email the directions to the Member on their birthday. This offer expires at 11:59pm – thirty days after the day of their birthday. Photo identification must be presented to confirm identity and birth date registered on their Account. These offers cannot be redeemed outside the above period regardless of circumstances beyond the Member’s control, including but not limited to public holidays, restaurant closures, etcetera. These birthday offers are non-transferable and cannot be exchanged or taken as cash. Oporto takes no responsibility for incorrectly entered birth dates during the registration process. Offers based on membership status are as follows:
      1. Orange Status:10% off transaction with a minimum spend of $10
      2. Silver Status: 15% off transaction with a minimum spend of $10
      3. Gold Status: A complimentary single fillet Bondi Burger Meal
      4. Platinum Status: $20 Flame Rewards Dollars loaded on to members account for standard redemption.
    1. From time to time, Oporto may, in its absolute discretion, conduct various reward offers, promotions and discount offers which will be open to Members (or selected Members) only.

    Deactivating Your Account and Membership

    1. If a Member does not use their Account for a period of twelve (12) months that Account will expire and be deactivated. You may be contacted three (3) months before the set expiry date and encouraged to make a transaction to reactivate the Account. Oporto will automatically close the Account after twelve (12) months of no transactions and any accrued Dollars and other entitlements will be forfeited.
    2. Oporto reserves the right, after the member signs up instore through Point of Sale and account remains unregistered, to burn the members registration details after 72 hours. After this period all member details and accumulated Flame Reward dollars will be erased from the database. Members are able to re-start the enrolment process again if they wish to re-join at a later date

    Lost or Stolen Membership Cards

    1. In the case of a lost or stolen Card, Members should visit a participating Oporto restaurant and request a new Card. Members must then log onto oporto.com.au/flame, where they can transfer their existing Account information to their new Card by submitting their details. Cards that are reported as lost or stolen will immediately be cancelled and rendered inactive. While every effort will be made to ensure that the full Dollar balance for the Account is transferred to the new Card, Oporto will not be responsible for any Dollars lost prior to the transfer (including but not limited to any redemptions that may have occurred while the previous Card was lost).

    Lost, Stolen, or New Phones

    1. In the case of a lost or stolen phone, or in the event a Member obtains a new phone, Members must log onto oporto.com.au/flame and follow the prompts to update their password. After the password has been updated, the Member can download the App to their new compatible phone and log in using their email and new password. All information will sync up to existing Member details. While every effort will be made to ensure that the full Points balance for the Account is transferred to the new mobile App, Oporto will not be responsible for any Dollars lost prior to the transfer (including but not limited to any redemptions that may have occurred while the previous phone was lost). The barcode is not exclusive to the App and should not be shared in the public domain (e.g. social media).

    General

    1. Oporto assumes no liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to the Programme or by reason of the termination of or amendment to the Programme in whole or in part, the addition or deletion of reward partners or other features with or without notice.
    2. Neither Oporto nor its respective officers, agents, employees and related bodies corporate shall be responsible for any failure of the oporto.com.au/flame website or for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any email, online or Internet entry. In addition, neither Oporto nor its respective officers, agents, employees and related bodies corporate shall be responsible due to technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the Programme. Oporto reserves the right, at its sole discretion, to cancel or suspend this Programme should a virus, bug or any other cause beyond the reasonable control of Oporto corrupt the security or proper administration of the Programme.

    Terms and Conditions

    1. These Terms and Conditions are to be read in conjunction with, and subject to, any additional Terms and Conditions governing any particular reward, promotion, discount or offer operated by Oporto.
    2. Oporto’s decisions in relation to all matters arising under this Programme are final and binding, and no correspondence will be entered into.
    3. Oporto reserves the right to change or revise these Terms and Conditions at any time without prior notice.
    4. If the Programme is suspended or cancelled at any time Oporto may notify members via email or the relevant section of the Oporto website.
    5. If for any reason the Programme is inoperable (including but not limited to computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures) Oporto reserves the right in its sole discretion to disqualify any individual who tampers with Oporto systems, and to cancel, terminate, modify or suspend the Programme. This includes causes beyond the control of Oporto which corrupts or affects the administration security, fairness, integrity or proper conduct of this Programme.
    6. Oporto shall not be liable for any loss or damage caused (including but not limited to indirect or consequential loss) or for personal injury sustained as a result of participation in the Programme. This includes accrual or redemption of Points, use of a Card or App, accepting a reward or other entitlement, or using a discount offer under the Programme, except for any liability which cannot be excluded by law.
    7. Oporto will not be held responsible for any tax liability incurred by a Member in connection with this Programme, including in relation to any reward, discount or entitlement offered.
    8. Oporto will not be held liable for any communication to any Member that is late, lost or misdirected for any reason, including but not limited to, spam filters operating on a Member’s email account or other system configuration problems.
    9. Oporto is not responsible for any problems or technical malfunction of any telephone network or line, computer system, equipment, server or provider, software, technical problem or traffic congestion on the Internet. This includes (but not limited to) any injury or damage to a Member’s or any other person’s computer related to or resulting from participation in or down-loading of any materials in this Programme.

    Entering Competitions

    1. Oporto may also from time to time make available to Members promotions and competitions (collectively, “Competitions”).
    2. Oporto may publish names of winners of Competition prizes.
    3. Each Competition will be subject to any individual terms and conditions specified on the relevant Oporto website. However, some of the standard terms and conditions are as follows:
      1. Awards and prizes must be taken intact as offered and are not transferable, exchangeable or redeemable for cash;
      2. If a person otherwise entitled to an award or prize is under the age of 18, Oporto reserves the right to instead give the award or prize to that person’s parent or guardian;
      3. If an award or prize is unavailable for any reason, Oporto reserves the right to substitute an award or prize of equal or greater value;
      4. Oporto’s decision on all matters relating to a Competition will be final and not subject to challenge or review;
      5. Benefits may not be redeemed in conjunction with any other promotional offers;
      6. Neither Oporto nor its respective officers, agents, employees and related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered or given as awards or prizes.

    Committed to Your Privacy

    1. Oporto and its respective officers, agents, employees and related bodies corporate (collectively, “we” or “our”) are committed to protecting your privacy. We collect your personal information for the following purposes to:
      1. set up and administer the Programme including ongoing management of Accounts, and to accurately record Dollars and up-to-date Dollar balances;
      2. process and issue Benefits;
      3. allow Members to participate in promotions and competitions;
      4. communicate with Members, to deliver a e-newsletter as well as other email, push notification, Vouchers to the App and SMS communications;
      5. understand Member needs and preferences, and to provide Members with products and services that meet their needs or interests;
      6. recommend our products and services, or the products and services of third parties we select that may be of interest to Members;
      7. provide Members with special offers and rewards from Oporto and our sponsors and reward partners;
      8. facilitate or enable any corporate or commercial transaction involving Oporto.
    2. Oporto will obtain consent before using personal information for a purpose that has not been specified, unless the new purpose is required by law. See the Oporto Privacy Policy incorporated herein by reference, for further details.
    3. Oporto may share aggregated and anonymised Member data with third parties so long as that aggregated and anonymised Member data cannot be reasonably traced back to an individual.
    4. Member information is considered an Oporto asset. If our business is transferred to a new owner, Member personal information may be transferred to and considered an asset of the new owner.
    5. Members may opt out of receiving e-newsletters and SMS communications during the registration process.
    6. Members should direct any request to access, update or correct their personal information via our feedback form at http://www.oporto.com.au/contact/feedback.

    Interpretation

    1. In these terms and conditions unless repugnant to the sense or context:
      1. Account has the meaning set out in clause 11.
      2. “Activation” refers to a Member activating their virtual card or Cards:
        1. in the case of the App by having the virtual card scanned in store; and
        2. in the case of a Card by having the Card scanned in store.
      3. App has the meaning set out in clause 4(a).
      4. Benefits has the meaning set out in clause 15.
      5. Card has the meaning set out in clause 4(a).
      6. “Inactive” means you have not received any points nor redeemed any points on your Account in any consecutive 12 month period.
      7. Member has the meaning set out in clause 4.
      8. Oporto has the meaning set out in clause 1.
      9. Oporto Products means all products sold in store.
      10. Dollar has the meaning set out in clause 21.
      11. Programme means the Oporto Loyalty Club Programme.
      12. Registration has the meaning set out in clause 4(b) and 4(c).

    Social Media Terms Of Use

    This Terms of Use statement applies to the Social Media component of Oporto® Franchising Pty Ltd (Oporto) website located at www.oporto.com.au.

    Social Media Feeds

    The Oporto social media feed located on the homepage of this website displays current publicly posted information and feedback about Oporto products, services and personal experiences with the brand. The social media feeds make use of the Facebook, Foursquare & Twitter APIs to collect posts from users who have made a comment about “oporto”, “oporto’s” or “oportos” and have their privacy settings set to “everyone”. These collected posts are then reposted on the homepage. The social media feeds only collect public posts made freely available by Facebook, Foursquare & Twitter.

    Privacy

    Oporto is dedicated to your privacy and is committed to removing any repost by request in a timely manner. Information gathered via Oporto’s social media feeds are collected according to the individual Privacy Policies of each of the social media platforms used. Oporto only uses freely accessible content from the Facebook, Twitter and Foursquare APIs. This information includes individual users’ names, profile pictures & the content of their post relating to the Oporto brand. If you do not wish to see your posts available to the wider public in this way, we recommend you visit your individual Facebook/Twitter/Foursquare account settings & change them to private. Reposted content will not be updated or deleted should a user change any aspect of the original post or their privacy settings in the post’s source application. Please see the ‘What to do if you would like to remove a post’ section for instructions on how to remove a post.

    Moderation

    Oporto may, at its absolute discretion, modify or delete any part or all of the content of any post prior to or after reposting it to the homepage. Content deemed to be unlawful, misleading, malicious or discriminatory will not be displayed. Oporto and its associated partners take no responsibility for the accuracy, timeliness or content of any of the content reposted to the homepage.

    How Will Oporto use the Information Collected via Social Media Feeds?

    Collected posts will be reposted on the Oporto website homepage. Reposts will remain on the Oporto website until, at Oporto’s absolute discretion, Oporto moves them to the “older posts” section or removes them from the website altogether. Oporto will not use the personal information contained within the post for any other purpose than reposting it on the website, and/or responding to comments/complaints made about the brand via the user’s personal Facebook or Twitter page.

    What to do if you Would Like to Remove a Post:

    If you would like to request the removal of a repost, please click here to open the Oporto Contact Us section of this website. In the Category section, please select Removal of Post. In the Comments section of the Contact Us form, please supply exact details of the post to be removed including the user’s name, the contents of the repost and the reposts origin. Oporto will endeavour to remove your post in a timely manner.

    Use of the Facebook/Twitter “Connect” Feature

    The Facebook and Twitter Connect features on the Oporto homepage enable users to post a comment about Oporto directly onto the Oporto website. Users will see their posts featured on the website after moderation by an Oporto representative. By using this feature, you agree that you own all of the content of your post. You grant Oporto a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use and disseminate the content of your post via the web. Oporto reserves the right to moderate all content as specified above. Content deemed to be unlawful, misleading, malicious or discriminatory will not be displayed. Posts must be the original work of the author, not contain any pornographic or inappropriate content, infringe copyright or trademark law, are not defamatory to the Oporto brand, any other brand or person, and not contain spam or links to inappropriate websites/content. Posts cannot be made anonymously at this time. Oporto welcomes you to post your suggestions. You agree that you will not be entitled to any compensation for such suggestions regardless of whether they are acted upon.

    Indemnity

    To the maximum extent permitted by applicable law, Oporto, its employees, agents and affiliates will not be liable for any direct, indirect, incidental or punitive damages, including loss of profits, good will or intangible losses resulting from:

    1. Your access or inability to access the Social Media service;
    2. The conduct or content of any third party on this service, including defamatory, offensive or illegal conduct;
    3. The content obtained by third party services;
    4. Any alteration of content supplied to the Social Media service;
    5. Any delay in removing or failure to remove content after receiving a request for removal; even if we knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.

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