FUSION REWARDS LOYALTY PROGRAM
MEMBERSHIP TERMS AND CONDITIONS
- 1.1 Fusion Retail Brands Pty Ltd ACN 151 836 083 (Fusion) runs a loyalty program known as Fusion Rewards (Program)
through the online stores: dianaferrari.com.au, mathers.com.au,
williamsshoes.com.au, colorado.com.au and shoeclearancestore.com.au (Online Stores); the Fusion Rewards smartphone application (Smartphone App); and the Diana Ferrari, Mathers, Williams and Big Brands Shoe Clearance physical stores (Fusion Stores).
- 1.2 These Terms and Conditions form the basis of the Program
and govern your membership of the Program, including your use of the
Fusion Rewards plastic card with a barcode (Card) and the
Smartphone App. Information about the Program (including information
about how to become a member and rewards) forms part of these Terms and
- 1.3 Fusion reserves the right to change these Terms and
Conditions at any time. The current version of these Terms and
Conditions will be available on fusionrewards.com.au (Fusion Rewards
Website) and fusioncard.com.au. Your continued membership to the Program
following the posting of any changes to the Terms and Conditions
constitutes acceptance of those changes.
- 1.4 By applying for membership or using the Card or
Smartphone App, you agree to be bound by these Terms and Conditions and
any variations to them made by Fusion in its sole discretion.
- 2.1 To be eligible to participate in the Program, you must
be an Australian resident. If you are aged under 18 years, you must have
the consent of your parent or legal guardian to participate in the
Program and use the Card at all times.
- 2.2 To become a member of the Program, you must log onto
the Fusion Rewards Website and fully and correctly complete the
registration form in the manner required.
- 2.3 Your Card: You may obtain a Card at Fusion
Stores by providing Fusion Store staff with the information requested
but you will need to access the Fusion Rewards Website to complete
registration and become a member of the Program. If you have not
obtained a Card from a Fusion Store and complete registration via the
Fusion Rewards Website, you will be sent a confirmation email that will
contain your Card number. If you wish to obtain a physical Card, you
will need to visit a Fusion Store with the details of your Card number.
- 2.4 Existing members: If you are a member of the
Fusion card program prior to 7 December 2012, by using your existing
Fusion Card you will automatically become a member of the Program and be
bound by these Terms and Conditions. You will however be required to
log on to the Fusion Rewards Website and complete registration to be
able to redeem Reward Points.
- 2.5 You are only eligible for one (1) membership and you
may only register your Card in your own name. Membership is for personal
use only. It must not be used by or for a corporation or business and
is not transferable.
- 2.6 Employees of Fusion and any of its printers, suppliers,
providers or agencies whom are directly associated with the conduct of
this Program are ineligible to participate in the Program.
- 2.7 You are responsible for maintaining the strict
confidentiality of your login and password and you are responsible for
any activity under your account. You agree to: (a) immediately notify
Fusion of any unauthorised use of your account or any other breach of
security; and (b) ensure that you log out from your account at the end
of each session. It is your sole responsibility to control the
dissemination and use of your password, control access to and use of
your account and to notify Fusion if you wish to cancel your membership.
Fusion will not be responsible or liable for any loss or damage arising
from your failure to comply with this provision.
- 2.8 Incorrect, incomplete, erroneous, ineligible or
incomprehensible registrations will be deemed invalid. Contact details
entered incorrectly on the Fusion Rewards Website by you or otherwise
provided by you to Fusion will deem a registration and/or membership
- 2.9 Fusion may accept or refuse your membership in its
sole discretion and no correspondence will be entered into. Fusion may
terminate or suspend your membership to the Program in its sole
discretion and without notice for any reason including, without
limitation, if you fail to comply with these Terms and Conditions;
tamper with the registration process; abuse any privilege accorded to
you under the Program; supply any misleading information or make any
misrepresentations to Fusion in connection with the Program; or engage
in any unlawful or other improper misconduct calculated to jeopardise
the fair and proper conduct of the Program.
- 3.1 To participate in the Program, you must, in the manner
required: (a) key in your Card number to Online Stores; (b) use the
Smartphone App; or (c) present your Card to any Fusion Store. The Card
number must be presented at the time of making a purchase at Online
Stores or Fusion Stores. The Smartphone App must be correctly downloaded
and used for Reward Points to be updated.
- 3.2 If you do not have your Card with you at a Fusion
Store, then you may identify yourself as a member of the Program to
Fusion by providing personal information which matches up with the
personal information you previously provided to Fusion (Identification).
By providing Identification, you will be bound by these Terms and
Conditions as if you are using the Card and reference to presenting or
using a Card in these Terms and Conditions also includes where a person
- 3.3 Fusion is entitled to regard the person using the Card as the member who was issued that Card.
- 3.4 For your membership to remain valid, it will need to be
"Active". For your membership to remain "Active" you must use your Card
to make a purchase at an Online Store or Fusion store within two (2)
years of the date you last used your Card to make a purchase.
- 3.5 If your membership is not "Active", your Reward Points
(defined in clause 4.1) and Membership Level (defined in clause 5.1)
will be lost.
- 3.6 It is your responsibility to check the receipt after
each transaction to ensure the details (including the number of Reward
Points) are correct. It is also your responsibility to provide Fusion
with any changes to your personal details.
- 4.1 Subject to your use of your Card in accordance with
these Terms and Conditions, five (5) points are awarded for every one
(1) dollar (AUD) you spend to purchase merchandise (rounded down to the
nearest twenty (20) cents) at Online Stores or Fusion Stores (Reward Points).
- 4.2 Every one hundred (100) Reward Points earned by you
entitles you to one (1) dollar (AUD) towards a future merchandise
purchase at Online Stores or Fusion Stores. Only the Online Stores
listed on the Fusion Website allow redemption of Rewards Points and
Fusion reserves the right to vary the Fusion Stores or Online Stores
that allow redemption at any time without notice.
- 4.3 In order to redeem Reward Points, you must have
successfully completed registration in accordance with clause 2.2 above.
Reward Points earned from a purchase will only become available for
redemption at Fusion Stores and Online Stores on or after the day
following that purchase.
- 4.4 The minimum number of Reward Points that can be redeemed for any one (1) transaction is one hundred (100) points.
- 4.5 Reward Points and the rights they confer cannot be
sold, transferred, assigned or otherwise dealt with except in accordance
with these Terms and Conditions. Reward Points have no cash or monetary
- 4.6 For your Reward Points to remain valid, your membership
will need to be "Active" which is explained in clauses 3.4 and 3.5
- 5.1 Subject to your use of your Card in accordance with these
Terms and Conditions, you will achieve certain membership levels
depending on the amount you spend during a twelve (12) month period,
calculated at quarterly intervals (Membership Level). The three (3)
Membership Levels are as follows:
|MEMBERSHIP||AMOUNT SPENT PER ANNUM|
|Ruby||Less than $750|
|Silver||$750 to $1,500|
- 5.2 Once a Membership Level is achieved, you will remain on
that level until the amount spent by you in a twelve (12) month period
equals the next Membership Level (for example, if in Ruby, then to move
to Silver, you must spend a minimum of $750 during a twelve (12) month
period calculated from the anniversary of the date of your first
transaction under the Program). You will remain on the Membership Level
you achieve for the life of the Program (unless you move to a higher
- 5.3 For your Membership Level to remain valid, your
membership needs to be "Active" which is explained in clauses 3.4 and
- 5.4 Fusion will use your Membership Level to provide selected
Program offers and rewards to you from time to time. Fusion reserves
the right to vary the Program offers and rewards at any time without
notice. You are encouraged to check the Fusion Rewards Website regularly
to view the current list of offers and rewards.
ELIGIBILITY FOR REWARD POINTS
- 6.1 Your eligibility to earn or redeem Reward Points is in Fusion’s sole discretion.
- 6.2 Laybys: Your Card must be presented at time of
establishment of a layby for that purchase to be eligible to earn Reward
Points. Reward Points for a layby will be awarded on the full value of
the purchase price but will only accrue at the time the layby has been
paid for in full. If you are an existing member of the Fusion card
program and have an outstanding layby prior to the start of the Program,
no Reward Points will be awarded on that purchase.
- 6.3 Gift Cards: Reward Points cannot be earned from gift card purchases. Reward Points cannot be redeemed to purchase gift cards.
- 6.4 Errors, cancellations or reverse transactions: Any
Reward Points credited in error, in breach of these Terms and
Conditions, or relating to a transaction which is cancelled or reversed
will be deducted from your points balance.
- 6.5 Returns: Any Reward Points used to purchase an item which is subsequently returned by you for whatever reason will be forfeited.
OTHER COMPETITIONS AND OFFERS
- 7.1 As a member of the Program, you may be given the
opportunity to enter competitions and receive offers (including bonus
Reward Points offers) from time to time. Such competitions and offers
will be subject to their own prevailing terms and conditions which will
be available (as applicable) at Online Stores or the Fusion Rewards
Website. Any bonus Reward Points earned will be awarded in the manner
determined by Fusion and will appear in your account. The bonus Reward
Points will be treated as regular Reward Points for the purpose of this
Program and may be redeemed in accordance with these Terms and
Conditions. Competitions may limit certain members from entering or
claiming a prize or offer.
- 7.2 Gold level members are entitled to certain benefits not
offered to other membership levels. Fusion Rewards will cover the
expense of 2 (two) hem or cuff alteration services per annum, at a
maximum value of AU$40.00 for each request. Service is exclusive to new
Diana Ferrari Retail Boutique purchases only, and is available on new
Diana Ferrari purchases only. Alterations are not available for
MY BRANDS AND CANCELLATION
- 8.1 If you no longer wish to receive information or offers
from any of the brands included in the Program, you may unsubscribe by
visiting the ‘My Brands’ section of the Fusion Rewards Website.
- 8.2 If you no longer wish to be a member of the Program, you can withdraw from the Program by sending your Card to:
Attention: Fusion Rewards Membership Cancellation
Level 1, 850 Lorimer St,
Port Melbourne, VIC, 3207.
- 8.3 Fusion reserves the right to suspend or cancel the
Program and/or your Card at any time without prior notice. Fusion will
not be liable for the suspension or termination of the Program on any
account whatsoever including (without limitation) for any Reward Points
in an account at the time of suspension or termination.
LOST, STOLEN OR DAMAGED CARDS
- 9.1 You are responsible for the use, safety and security of
your Card. Fusion is not responsible for lost, stolen, illegible or
- 9.2 If you lose or damage your Card, you may apply for a
replacement Card by attending a Fusion Store in person. The decision to
issue a replacement Card is in Fusion’s sole discretion.
- 10.1 You can update your personal information by visiting the ‘Update My Details’ section of the Fusion Rewards Website.
- 10.2 You can access your personal information held by Fusion by contacting Fusion’s Privacy Officer at:
Level 1 / 850 Lorimer Street,
- Port Melbourne VIC Australia 3207
- 10.3 The purpose of Fusion collecting personal information is
to enable you to participate in the Program and to provide you with
your Card. If the personal information requested is not provided, you
may not be able to participate in the Program. If a replacement Card is
required or you need to change your details, Fusion may require a form
to be filled out with such information that Fusion reasonably requires
or upon your request Fusion may access and update your details on your
behalf. For the purposes of operating the Program, Fusion may provide
personal information to third parties, such as mailing houses and data
treatment of personal information collected is available at
- 10.4 By participating in the Program, you also acknowledge
that a further primary purpose for collection of your personal
information by Fusion is to enable Fusion to use the information to
assist Fusion in improving goods and services and to contact you in the
future with information on special offers or to provide you with
marketing materials via any medium including mail, telephone, emails or
other commercial electronic messages. By participating in the Program,
you acknowledge and agree that Fusion may use your personal information
in the manner set out in this clause.
- 11.1 Fusion’s decision in relation to all aspects of the Program is final and no correspondence will be entered into.
- 11.2 The Card (including all intellectual property rights
subsisting in the Card) at all times remains the property of Fusion.
Cards are not stored value, credit or charge cards and are not
transferrable, exchangeable, refundable or redeemable for cash. Any
unused Reward Points or any other vouchers or prizes issued under the
Program are not transferable, exchangeable, refundable or redeemable for
other goods or services and cannot be taken as cash. To the full extent
permissible by law, you are liable for all transactions on your Card.
- 11.3 At any time in the future, Fusion may decide to render
the use of Cards obsolete and void and replaced by alternative
- 11.4 Fusion reserves the right not to accept any Card, to
direct Fusion Stores or Online Stores not to accept a Card, or to
otherwise limit the use of a Card for any reason including but not
limited to suspicion that a particular Card has been obtained or is
being used fraudulently, without proper authorisation or by or for other
unlawful means. Cards (including Card numbers) are subject to
validation and verification to the extent required by Fusion in its sole
discretion. Fusion (including Fusion Store staff) reserves the right to
request that you produce appropriate photo identification or other
documentation in order to confirm your identity, age, residential
address or eligibility to use the Card and/or redeem Reward Points,
before issuing the Card or issuing or redeeming Reward Points (as
- 11.5 Any attempt to deliberately damage a Card, cause
malicious damage or interference with the normal functioning of the
Online Stores, Smartphone App, Fusion Rewards Website or Program, or to
otherwise undermine the legitimate operation of the Program may be a
violation of criminal and civil laws and should such an attempt be made,
whether successful or not, Fusion reserves the right to seek damages to
the fullest extent permitted by law. If Fusion suffers loss or incurs
any costs in connection with any breach of these Terms and Conditions or
any other legal obligation by you, you agree to indemnify Fusion for
those losses, damages and costs.
- 11.6 If the Program is not capable of running as planned for
any reason beyond the reasonable control of Fusion, including but not
limited to war, terrorism, state of emergency or disaster (including
natural disaster), infection by computer virus, bugs, tampering,
unauthorised intervention, technical failures or anything which corrupts
or affects the administration, security, fairness, integrity or proper
conduct of the Program, Fusion reserves the right, in its sole
discretion, to cancel, terminate, modify or suspend the Program
(including the suspension of earning or redeeming Reward Points), or any
or all Cards or unredeemed Reward Points.
- 11.7 This entire clause does not apply to any Consumer
Guarantee under the Australian Consumer Law and does not apply to any
liability of Fusion for failure to comply with a Consumer Guarantee
under the Australian Consumer Law. Fusion, its associated agencies and
companies excludes all liability (including negligence) except for any
liability that cannot be excluded by law, for any direct or indirect
injury, loss and/or damage arising in any way out of the Program. This
includes, but is not limited to: (i) technical malfunctions, delays or
failures, including those resulting from accessing any materials related
to this Program and any incorrect, inaccurate or incomplete information
communicated in the course of, or in connection with, this Program;
(ii) theft, unauthorised access or third party interference; (iii) lost
or damaged Cards or Reward Points; and/or (iv) acceptance and/or use of
any rewards issued as part of the Program. Fusion accepts no
responsibility for any SMS, email or other communication not received by
you or for any delay in delivery due to technical malfunctions or for
any other reason.
- 11.8 These Terms and Conditions are governed and shall be
construed and applied in accordance with the laws of Victoria,
Australia, and you irrevocably consent and submit to the exclusive
jurisdiction of the courts of Victoria or the Federal Court sitting in
Victoria to determine any matter or dispute which arises under these
Terms and Conditions.
- 12.1 For any enquiries regarding the Program, please see our Fusion Store staff during normal trading hours.