1. What is this document about?
	This document sets out the terms and conditions which govern the Pacnet Rewards Program.

2. Who do these terms apply to?
	2.1.	These terms apply to any person who becomes a participant in the Rewards Program, and are referred to in these terms as ‘You’ and ‘Your’.
	2.2.	In these terms a reference to ‘us’, ‘our’ or ‘we’ refers to Pacnet (Australia) Pty Ltd ACN 085 213 690.

3. Who is membership of the Rewards Program open to?
	3.1.	Anyone who is a customer of ours may join and participate in the Rewards Program subject to these terms (which forms your agreement with us for participation in the Rewards Program).
	3.2.	We may, at our sole discretion, choose to accept or reject any application.

4. Are any fees payable for participating in the Rewards Program?
	4.1.	You must pay an annual non-refundable membership fee to us to participate in the Rewards Program.
	4.2.	The membership fee will be charged to your eligible account at the start of each year of membership, and you must pay it within our trading terms.
	4.3.	We may publish our then current membership terms on our website www.pacific.net.au.

5. How are Rewards Dollars earned?
	5.1.	You will earn:
		5.1.1. 15 Rewards Dollars for every $100 or part thereof (exclusive of GST) you spend with us in a billing month up to a monthly spend of $500; 5.1.2. 25 Rewards Dollars for every $100 or part thereof (exclusive of GST) you spend with us in a billing month where your monthly spend exceeds $500;
		with any eligible service.
	5.2.	For the purpose of these terms, an eligible service is:
		5.2.1. local voice calls; 5.2.2. national voice calls; 5.2.3. international voice calls; and 5.2.4. voice calls to mobiles.
		or any other service that we may determine in writing from time to time.

6. When aren’t Rewards Dollars earned?
	Despite clause 5, Rewards Dollars will not be earned:
	6.1.	where you fail to pay your invoice by the due date;
	6.2.	where your eligible service is credited in any manner and for any purpose;
	6.3.	where your eligible account or any part of it is suspended;
	6.4.	where you are in breach of your customer contract with us;
	6.5.	where you receive any discount or special offer from us;
	6.6.	where an amount we invoice you relates to equipment, service charges, or line rental;
	6.7.	on the part of an invoice which you choose to pay by using Rewards Dollars (and if you choose to pay the whole of an invoice with Rewards Dollars, then you will not earn Rewards Dollars on the whole of the invoice); and
	6.8.	on calls which are included as part of a monthly base fee.

7. How can Rewards Dollars be redeemed?
	7.1.	Subject to clause 7.2, you can redeem Rewards Dollars by completing a redemption application available on our website, www.pacific.net.au.
	7.2.	You cannot redeem Rewards Dollars if:
		7.2.1. any service under your account is suspended; 7.2.2. you are in default of any customer contract you have with us; 7.2.3. your membership has been terminated, subject to clause 8.
	7.3.	You may only redeem your Rewards Dollars for any of the following:
		7.3.1. a credit to be applied toward your eligible account; 7.3.2. any goods or services available on our website at www.pacific.net.au/rewards but subject to availability and any suppliers terms and conditions;
	7.4.	You should allow at least 25 business days for delivery of rewards.
	7.5.	We may impose additional delivery and insurance charges for delivery of redeemed goods, in which case we may either debit sufficient Rewards Dollars from your account or charge your next invoice.
	7.6.	Where you redeem Rewards Dollars for travel (including accommodation or holiday packages, taxes and transfers associated with travel) you will need to make all reservations and bookings yourself and provide us with an invoice for payment.
	7.7.	Despite anything to the contrary the redemption value of Rewards Dollars for travel (including accommodation or holiday packages, taxes and transfers associated with travel) is $0.75c per Rewards Dollar (for example if you redeem a holiday package with a cost of $1000, you will need to redeem $1333.33 Rewards Dollars).
	7.8.	Without prejudice to our rights in clause 13.3, where we believe you have been involved in defrauding the Rewards Program we can cancel all of your Rewards Dollars, and you can not redeem any Rewards Dollars, even if you have already made a redemption application.

8. How long are Rewards Dollars valid for?
	Rewards Dollars are valid and redeemable only from the time they are credited to your account until the earlier of:
	8.1.	3 years from the billing date in which the Rewards Dollars are earned; or
	8.2.	your death;
	8.3.	for a period of 90 days from termination of membership of the Rewards Program;

9. Can Rewards Dollars be cancelled?
	Without prejudice to our other rights in this agreement, we may cancel all of your earned Rewards Dollars if you remain in default of your customer contract for a period of 60 days or more.

10. Are there any restrictions on dealings with Rewards Dollars?
	You can only use Rewards Dollars in accordance with this agreement but Rewards Dollars:
	10.1.	are not transferable; and
	10.2.	cannot be sold or traded.

11. Can others act on my behalf?
	11.1.	You may nominate up to 2 people to act on your behalf in dealing with your membership and the redemption of Rewards Dollars.
	11.2.	Where you appoint a person to act on your behalf in clause 11.1, you indemnify us for any loss or damage which you or anyone else may suffer as a result of any act or omission of such a person.

12. Are Rewards Summaries provided?
	12.1.	We will provide you with a summary as to your earned points with your monthly invoice.
	12.2.	Where you request us to provide a replacement Rewards Summary, we may charge an administrative fee.

13. Operation of the Rewards Program
	13.1.	We may terminate the Rewards Program at anytime and cancel all Rewards Dollars.
	13.2.	To the extent permitted by law:
		13.2.1. where the Rewards Program is terminated you release us from any liability, claim, or loss; 13.2.2. you indemnify us against any liability, claim or loss that you may suffer under this agreement, including fraud by a third party; 13.2.3. we disclaim any liability arising from anything that is redeemed under the Rewards Program; and 13.2.4. we do not provide any warranty on goods and services redeemed under the Rewards Program, but we will assign the benefit of any manufacturers warranty to you where we can.
	13.3.	In the case of any breach of these terms, or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to:
		13.3.1. if the breach or negligence relates to goods – • replacement of any goods involved or the supply of equivalent goods; • the repair of such goods; • the payment of the cost of replacing the goods or of acquiring equivalent goods; or • the payment of the cost of having the goods repaired; and 13.3.2. if the breach relates to services – • supplying of the services again; and • the payment of the cost (for the period of the breach) of having the services supplied again.
	13.4.	In no circumstances are we liable for any indirect, secondary or consequential loss or loss of income that you or anyone else may suffer.

14. Termination
	14.1.	Where you are no longer a customer of ours your membership in the Rewards Program is deemed to have been terminated, unless we agree otherwise in writing.
	14.2.	We may terminate your membership of the Rewards Program where:
		14.2.1. we believe you are defrauding the Rewards Program; 14.2.2. you are in breach of any part of these terms; 14.2.3. you become insolvent; and 14.2.4. you breach any customer contract with us.
	14.3.	You may terminate your membership at anytime by providing us with written notice, but where you do, you will continue to earn Rewards Dollars until the expiry of your current billing period.

15. Severence
	If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed without affecting the remainder of the agreement.

16. Variations
	This Agreement may be varied by us from time to time, without notice.

17. Assignment
	17.1.	You may not transfer your rights or obligations under this agreement to or share them with anyone without our prior written consent.
	17.2.	We may transfer our rights or obligations under this agreement to or share them with anyone on notice to you.

18. Jurisdiction
	This agreement is governed by the law of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.

19. Definitions
	In this agreement or a customer contract, unless the context indicates otherwise:
	19.1.	Dictionary

the expression: means: eligible account a single account you have with us, which you nominate as being the account to be used for participation in the Rewards Program Rewards Dollars credits earned under the Rewards Program which are subject to the Rewards Program terms and conditions Rewards Program the customer loyalty program operated by us or our assigns Rewards Summary a statement detailing all Rewards Dollars transactions rule sets are the firewall rule sets which include ACF, SIF and IPS. regional priority subscriber a customer who has a regional priority subscription.regional priority service charges all fees, charges and taxes that relate to installation, provisioning, maintenance and any other re-billed Telstra service such as voice mail and includes (but is not limited to) (a) charges for other services and goods provided by us; (b) telecommunications services not provided by us, such as in dial services, 1300, 019, 0015, 0018 and 0014 calls, exchange based diversions, information calls, operator assisted calls, service and equipment, yellow and white pages charges; (c) government charges, such as GST and other taxes or duties.

	19.2.	Interpretation
		19.2.1. if an expression is defined in the dictionary in clause 19.1, that is what it means. 19.2.2. if an expression is defined in the dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if “to colour” means “to paint red”, then “coloured” means “painted red”.) 19.2.3. headings and footnotes are only for convenience. They are to be ignored when interpreting the agreement. 19.2.4. a reference to the singular includes the plural and vice versa. 19.2.5. where one thing is said to include one or more other things, it is not limited to those other things. 19.2.6. there is no significance in the use of gender-specific language. 19.2.7. a “person” includes any entity which can sue and be sued. 19.2.8. a “person” includes any legal successor to or representative of that person. 19.2.9. a reference to a law includes any amendment or replacement of that law. 19.2.10. anything that is unenforceable must be read down, to the point of severance if necessary. 19.2.11. anything a party can do, it may do through an appropriately authorised representative. 19.2.12. any matter in our discretion, including anything that we “may” do, is in our absolute and unfettered discretion. 19.2.13. apart from the matters set out in black and white in these terms, we are not obliged to provide any service, and make no promise or representation, to you.