a. The FUN Club is FUNDAY’s rewards program that we offer to our customers in Australia and New Zealand.

b. These The FUN Club Terms and Conditions (Terms) set out the conditions on which we offer The FUN Club and apply to both our Australian and New Zealand customers.

c. These Terms, together with the Website Terms and Conditions and any applicable laws or regulations, govern The FUN Club, and you should read these carefully.

d. If you join The FUN Club, you agree and consent to receiving communications from us via email, SMS, mail, push notifications and other means (unless you have opted out), including for the purposes outlined in our Privacy Policy. If we collect, use, store or disclose your personal information to facilitate your participation in The FUN Club, we will manage such personal information in accordance with our Privacy Policy.

e. When we refer to FUNDAY (or we or us) in these Terms we mean BETTER CONFECTIONERY PTY LTD trading as FUNDAY Natural Sweets (ABN 97 640 670 506).

f. By enrolling in The FUN Club rewards program, you agree to comply with these Terms. Please read these Terms carefully before joining The FUN Club.

a. To join The FUN Club in Australia, you need to be an Australian resident. The Benefits (as defined in clause 4a. below) of The FUN Club will be available to you only in Australia and only in relation to Eligible Purchases (as defined in clause 5b. below).
b. To join The FUN Club in New Zealand, you need to be a New Zealand resident. The Benefits of The FUN Club will be available to you only in New Zealand and only in relation to Eligible Purchases.
c. To join The FUN Club, you must be at least 18 years of age. If you are under the age of 18, you must have your parent or guardian’s approval to join The FUN Club. Your parent or guardian will need to read these Terms. We will assume, if you are under 18 when you join, that you have complied with these requirements.
d. The FUN Club is intended to be a loyalty program for individuals only. Unless otherwise approved in writing by FUNDAY directors, wholesale or business customers are not eligible for loyalty points or Benefits through The FUN Club. FUNDAY reserves the right to determine who qualifies as a business or wholesale customer at its sole discretion.

a. Joining The FUN Club is easy. Simply navigate to The FUN Club on FUNDAY’s website and click ‘Join Now’. To join, you must provide accurate and up-to-date information, including your full name, email address, and other requested information.

Joining The FUN Club is free and there are no fees to continue as a member. But, to earn any rewards, gifts, benefits or offers, referred to as Benefits, you will need to make Eligible Purchases of FUNDAY products through your account, as set out in these Terms.

a. FUN Club members will be offered certain rewards, gifts, benefits and/or offers, selected by FUNDAY in our sole discretion (and as published on the The FUN Club page) (Benefits). Depending on your membership Level (please see clause 5 below). If you do not reach at least Level 1 of The FUN Club you will not receive any Benefits.
b. The Benefits offered to members at each Level of The FUN Club change from time to time. We publish the details of the current Benefits on the The FUN Club page on the FUNDAY website and in our frequently asked questions on the The FUN Club page. Please make sure that you check those pages on the FUNDAY website so that you know what Benefits may be available to you.
c. If we make changes to your Benefits, we will provide advance notice of at least 7 days via email. This means you will have a period of time to redeem any Benefits currently available to you before the change takes effect.

a. The different The FUN Club Levels include ‘FUNDAY Fam’ (base tier), ‘Lolly Rookie’ (Level 1), ‘Lolly Pro’ (Level 2) and ‘Lolly Connoisseur’ (Level 3). You can reach any given Level of The FUN Club by making the required volume of Eligible Purchases via the Online Store.

b. Eligible Purchases: 

i. means the purchase of products by you from the FUNDAY Online Store in accordance with these Terms and the Website Terms and Conditions; and
ii. excludes the purchase of gift cards, however includes any purchase made by redeeming a gift card The FUN Club.

c. Only your Eligible Purchases count in determining your The FUN Club Level. You cannot get the benefit of the purchases that anyone else makes.

d. The below table sets out how much you need to spend on Eligible Purchases during your The FUN Club Spend Period (see clause 6 for further details on how this is calculated) to reach each The FUN Club Level (known as your The FUN Club Spend):

 
e. Your The FUN Club Spend is calculated in Australian dollars.
f. The FUN Club Spend includes goods and services tax.
g. The FUN Club Spend is net of returns and refunds and excludes delivery charges.
h. If we make changes to the parameters of The FUN Club Spend, we will provide advance notice of at least 7 days via email.

i. More detail on how we calculate your The FUN Club Spend is set out in clause 6 below.

j. How we calculate The FUN Club Spend

i. We calculate your The FUN Club Spend by reference to the date you reached your current The FUN Club Level (referred to as your The FUN Club Anniversary Date). Your The FUN Club Spend Period is the period commencing on your The FUN Club Anniversary Date and ending 364 days later. Your Anniversary Date can be found in the Rewards History section of your account.

ii. Your The FUN Club Spend includes all Eligible Purchases made during your The FUN Club Spend Period.

iii. There is a 48 hour delay on the accrual of points on Eligible Purchases. This means the points earned from an Eligible Purchase will not be visible in your account for 48 hours.

iv. If, after you make an Eligible Purchase, you obtain a refund or reimbursement for any products purchased from FUNDAY, an adjustment will be made to your The FUN Club Spend for the amount refunded or reimbursed.

v. If required, we will upgrade your Level of The FUN Club as soon as one of our reviews shows that your The FUN Club Spend has reached the required Level and your The FUN Club Anniversary Date will be changed accordingly. But we will only downgrade your Level of The FUN Club at the times set out in the paragraph below.

vi. We review your Level of The FUN Club at the end of every The FUN Club Spend Period to see if it should be adjusted to a lower The FUN Club Level. If you have not maintained the amount of The FUN Club Spend required for your The FUN Club Level in your The FUN Club Spend Period, we will:

a. adjust your The FUN Club Level to reflect your current The FUN Club Level based on your The FUN Club Spend; or

b. if you have not met the required spend for The FUN Club Level 1 in the current The FUN Club Spend Period, your The FUN Club Level will be removed completely and you will not receive any Benefits. Your status will sit at FUNDAY Fam level.

It is important that you keep track of your The FUN Club Anniversary Date and your The FUN Club Spend Period if you want to maintain your The FUN Club Level.

a. Before checking out on our Online Store, please log into your The FUN Club account to make sure that your Eligible Purchase is counted towards your The FUN Club Spend. Make sure you log in using the email address you provided when creating your account. Guest checkout of Eligible Purchases through our Online Store will not contribute to your The FUN Club Spend and cannot be added at a later time, after you have made the Eligible Purchase.

a. You can only have one The FUN Club membership and you cannot transfer your membership or your The FUN Club Spend to anyone else. This means that you also cannot accept anyone else’s The FUN Club Spend.

b. The FUN Club Spend amounts have no cash or monetary value and cannot be taken or redeemed as cash or equivalent. Benefits cannot be exchanged for other FUNDAY products.

If you think you have more than one membership to The FUN Club, please contact our Customer Service team on the number on the FUNDAY website or use the “Contact Us” page on the FUNDAY website. If you do have more than one membership, we will try to merge those memberships for you.

a. You can only have one The FUN Club membership and you cannot transfer your membership or your The FUN Club Spend to anyone else. This means that you also cannot accept anyone else’s The FUN Club Spend.
b. The FUN Club Spend amounts have no cash or monetary value and cannot be taken or redeemed as cash or equivalent. Benefits cannot be exchanged for other FUNDAY products.
c. If you think you have more than one membership to The FUN Club, please contact our Customer Service team on the number on the FUNDAY website or use the “Contact Us” page on the FUNDAY website. If you do have more than one membership, we will try to merge those memberships for you.

9. Redeeming your benefits

1. Benefits are not transferable or exchangeable and cannot be redeemed for cash or equivalent.
2. Each Benefit will be available for redemption during the Benefit Redemption Period. We will notify you of the Benefit Redemption Period for any given Benefit and you must redeem the Benefit within this period or it will be forfeited. Unless otherwise notified by us, each Benefit may only be redeemed once.
3. All Benefits offered by FUNDAY for each The FUN Club Level are offered on a calendar year basis. Depending on your The FUN Club Anniversary Date, you may not receive all Benefits available during the calendar year for a specific The FUN Club Level. The timing of any Benefits offered by FUNDAY will be determined in FUNDAY’s absolute discretion.
4. At the start of each Benefit Redemption Period, we will notify you of the Benefit you may redeem by email (if you are opted in to receive email communications from us) or you may ask our Customer Service team what Benefit you are entitled to. The FUN Club members who have opted out of receiving our email communications will not be notified of Benefits by email but are still eligible to redeem Benefits.
5. Subject to clause 9(f) below: 
1. upon changing to a different The FUN Club Level, any Benefits of the new The FUN Club Level replace, and do not merge with, any Benefits of the previous The FUN Club Level; and 
2. any Benefit you are entitled to redeem will depend on your The FUN Club Level on the first day of the Benefit Redemption Period.
6. Any Benefit that you are entitled to as a member of The FUN Club may be subject to specific terms and conditions such as Benefit Redemption Period expiry dates, which will be communicated to you at the time of Benefit notification.
7. Although Benefits will usually be available for redemption in our Online Store, sometimes we may send you your Benefits directly.
8. All Benefits are subject to availability at the time of your redemption, on a while-stocks-last basis. In this regard and to the extent permitted at law, FUNDAY excludes all liability for Benefits not being available.
9. If a Benefit (or portion of a Benefit) is unavailable, we reserve the right to substitute the Benefit (or that portion of the Benefit) to a Benefit of equal or greater value and specification.

10. Your The FUN Club account details

You agree you are responsible for:

maintaining the confidentiality of your The FUN Club Account details, including any username and password;
restricting third party access to your The FUN Club Account via your devices;
providing and maintaining current, accurate, complete and truthful information in connection with your The FUN Club Account, including all The FUN Club Account details; and
all activities that occur under your The FUN Club Account.
 
11. Limitations on Point Usage During Sale Days:

Points accrued through The FUN Club cannot be redeemed on designated sale or promotional days or periods, as specified by FUNDAY. On these sale or promotion days, the redemption functionality for points will be temporarily disabled.
While points cannot be used on sale or promotional days, customers can continue to accrue points on eligible purchases made during these periods.
It is the responsibility of the members to stay informed about sale and promotional days and the corresponding limitations on point redemption. FUNDAY will make reasonable efforts to communicate these restrictions through various channels, including The FUN Club page, emails, and other official communications.
Members are encouraged to contact the Customer Service team if they have any questions or concerns regarding the limitations on point usage during sale days. FUNDAY will make reasonable efforts to address inquiries and provide clarification.
 
12. Changes to your details or communications preferences

1. You need to tell us if you want to make any changes to your details or if you want to update or customise your communications preferences.
2. You can make changes to your details by logging into your account on the FUNDAY website or contacting our Customer Service team here. If you speak to one of our team members, you must also provide acceptable identifiable information to change your membership details.
3. You can opt out, update or customise your communications preferences by:
1. clicking the unsubscribe link contained in promotional emails;
2. replying STOP to SMS messages; or
3. contacting our Customer Service team here.
4. If you select not to receive any communications from us at all, you will not be notified of any Benefits by email. You will still be able to ask our Customer Service team about Benefits you may be entitled to.
5. FUNDAY is not responsible if you don’t notify us of any changes to your details or any changes you make to your communications preferences, which may result in you not obtaining any Benefit or the loss or downgrade of your The FUN Club Level.

13. Terminating your membership

If you would like to terminate your The FUN Club membership you can do this by contacting our Customer Service team here.
FUNDAY reserves the right to refuse your enrolment in The FUN Club rewards program if we reasonably suspect that you have engaged or will engage in activity detailed as Grounds.
FUNDAY reserves the right to terminate your The FUN Club membership immediately if we reasonably suspect that you have engaged or will engage in activity detailed as Grounds. 
FUNDAY reserves the right to monitor your purchase history to ensure that any The FUN Club Spend or other Benefits are accumulated legitimately.

If your The FUN Club membership is terminated, you will no longer be entitled to accrue any The FUN Club Spend or redeem any Benefits.

14. Changes to these Terms & Conditions

We keep these Terms on the FUNDAY website, so it is easy for you to access them.
We try not to change these Terms too often, but sometimes we need to, for example, if the law changes. When we change these Terms, we will put the updated version on the FUNDAY website and update the date set out above. If the change is significant, we will provide you prior notice.
If you continue to use your membership to The FUN Club after we change these Terms, you will be deemed to have accepted the changed Terms. If you do not agree to the changes, you may terminate your FUNDAY The FUN Club membership at any time as set out in clause 12a.

15. Governing law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

16. Waiver, Severability and Liability

Any failure to enforce any of our rights does not constitute a waiver of those rights.
Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
FUNDAY and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with The FUN Club or accepting or using any Benefit (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
FUNDAY will not be liable to you for a delay or failure to perform an obligation under these Terms, or any act or omission in relation to The FUN Club, to the extent it results from a Force Majeure Event.

17. How to contact us

If you have any questions, or if you have any concerns or a complaint about The FUN Club, please contact us.
You can do this by contacting our Customer Service team on our website or by using the “Contact Us” page on the FUNDAY website.

 
18. Definitions

Benefit has the meaning given to it in clause 4(a).

Benefit Redemption Period means the period during which each Benefit is available for redemption, as determined by us in our sole discretion, acting reasonably.

Eligible Purchase has the meaning given to it in clause 5(b).

Force Majeure Event means an event that is outside the reasonable control of the affected party and could not have been prevented or avoided by that party taking all reasonable steps including an act of God, natural disaster or extreme weather event including earthquake, cyclone, fire, flood, landslide, lightning, storm, drought; war (declared or undeclared), invasion, act of a foreign enemy, act of terrorism, hostilities between nations, civil insurrection or militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism or civil unrest, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government or government authority or industrial action, disruption or unavailability of the internet, strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors, failure of any systems or our third party service provider to provide services, including hosting services but excluding a state of emergency declaration made by a overnment, an act of Governmental Authority, an epidemic; or a global or national pandemic.

Grounds means have breached these Terms and Conditions; have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to FUNDAY, the FUN Club Loyalty program or your Customer file; have engaged in inappropriate conduct that undermines the reputation or legitimate interests of FUNDAY, have supplied or are attempting to supply false or misleading information to FUNDAY; are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any FUNDAY awards, gifts, offers or benefits other than in accordance with these Terms and Conditions; act in a hostile, abusive or aggressive manner towards any FUNDAY staff or any other Customers online; or become bankrupt.

Online Store means our online store available at www.fundaysweets.com.

The FUN Club Anniversary Date means the anniversary of the date you reached your current The FUN Club Level.

The FUN Club Levels or Level means the program Levels, as set out under clause 5(d).

The FUN Club Spend means how much you need to spend on Eligible Purchases during your The FUN Club Spend Period to reach each The FUN Club Level.

The FUN Club Spend Period means the period in which your Eligible Purchases accrue towards The FUN Club Spend, as calculated in accordance with clause 6(a).