myjax Terms & Conditions

Introduction
- The myjax Platinum Tyre Maintenance Plan is managed and operated by JAXQuickfit Franchising Systems Pty Ltd (ACN 112 050 058).
- In these terms and conditions:
  - "Approved Brand Tyres" means the JAX approved tyre brands including Achilles, BFGoodrich, Blue Streak, Bridgestone, Continental, Dunlop, Firestone, Goodyear, Hankook, Maxxis, Michelin, Nexen and Pirelli. No other tyre brands qualify for the myjax Platinum Tyre Maintenance Plan.
  - "Database" means the database of Member Information held by JAX in relation to myjax;
  - "JAX" means JAXQuickfit Franchising Systems Pty Ltd (ACN 112 050 058) and its authorised representatives;
  - "Maintenance Plan" means the tyre maintenance plan which commences following a Qualifying Purchase to maximize the life of the tyres;
  - "Member ID" means the distinct 8 digit membership number provided by JAX to the Member for identification purposes;
  - "Member" means an individual who has been approved for membership of myjax;
  - "Member Information" means the information collected including without limitation, the Member's name, email address, residential address, phone number, date of birth and gender, Vehicle mileage, Vehicle registration number, and the date, type and price of transactions:
    - on making a Qualifying Purchase;
    - on the online membership registration;
    - on completing or updating the personal profile; and
    - as a result of transactions regarding the Vehicle;
  - "Member's Page" means the personalised section of the Site that the Member can access using the Member ID and password to log in;
  - "Milestones" means the milestones in the life of the tyres subject to the Maintenance Plan, such as 5,000kms or 3 months and 10,000kms or 6 months;
  - "myjax" means the myjax Platinum Tyre Maintenance Plan managed and operated by JAX, through which Members are eligible to access benefits such as Vouchers;
  - "myjax Platinum Card" means the card and two key fobs, containing the Member ID;
  - "my Maintenance Plan Vouchers" means discount rates on products and/or services, product specials, promotional and other incentive programs offered by JAX at each Milestone;
  - "my Rewards Vouchers" means discount rates on products and/or services, product specials, promotional and other incentive programs offered by JAX from time to time and in its absolute discretion and such other rewards available to the Member from time to time;
  - "Online Privacy Policy" means JAX's Privacy Policy from time to time, accessible here Privacy policy;
  - "Qualifying Purchase" means:
    - on any single occasion, the purchase from JAX of any 4 new JAX Approved Brand Tyres with fitment and balance and a wheel alignment; or
    - the purchase for the same Vehicle from JAX of any 2 new JAX Approved Brand Tyres, with fitment and balance on two occasions and a wheel alignment within a thirty day timeframe of the initial purchase.
  - "Site" means the dedicated myjax page at www.myjax.com.au accessible also from the JAX website www.jaxquickfit.com.au;
  - "Terms and Conditions" means these terms and conditions as amended from time to time;
  - "Vehicle" means the vehicle for which a Qualifying Purchase was made;
  - "Vouchers" means both my Maintenance Plan Vouchers and my Rewards Vouchers.
- These Terms and Conditions form the basis of myjax. These Terms and Conditions, as varied from time to time, apply to any and all myjax transactions including where a Member uses his/her Member ID to redeem a Voucher.
- When interpreting these Terms and Conditions the singular includes the plural and the plural includes the singular.
Membership
- A person must make a Qualifying Purchase to be eligible to become a Member. Wholesale and fleet customers are not entitled to become Members regardless of whether they make a Qualifying Purchase.
- On making the first Qualifying Purchase the purchaser will receive a myjax Platinum Card which must be activated by completing an online membership registration form, provide some personal details (including a valid email address) and choose a password.
- Submitting an online membership registration form signifies the Member's acceptance of the Terms and Conditions.
- Acceptance of an application to become a Member of myjax is in the sole discretion of JAX. JAX reserves the right to refuse or decline any registration for membership to myjax for whatever reason.
- Membership of myjax is only activated upon:
  - acceptance by JAX of a fully completed membership registration form; and
  - the Member receiving a welcome email, which will be sent to the email address specified in the membership registration form.
- The Member is responsible for maintaining the confidentiality and security of its Member ID and password.
- The Member is responsible for the content of the Member Information. All Member Information must be accurate, complete and up to date. Members must notify JAX as soon as practicable of any change to the Member Information.
- If the Member does not provide and maintain complete and up to date Member Information, JAX may not be able to provide some of the benefits of myjax to the Member and may terminate membership.
- Membership is transferable on the sale of a Vehicle at the sole discretion of the Member selling the Vehicle. Prior to supplying the Member ID and password to enable the buyer to log into the Member's Page and access the Vouchers, the Member should update the Member Information on the Member's Page to that of the buyer so that the buyer does not have access to the Member's personal information. The Member acknowledges that if they provide their Member ID and password to the buyer and the Vehicle's registration number will remain the same, the buyer will be able to view the Vehicle transaction history.
Member's page
- When a Member accesses the Member's Page for the first time, the Member must set up a personal profile by completing the mandatory fields under "Personal Details" and providing its preferences in relation to email communications under "Preferences".
- Via the Member's Page, the Member will be able to:
  - View and update personal details;
  - View and update mailing preferences;
  - View and print Vouchers;
  - View transaction history for Vehicles (for transactions that match the Member's Member ID and Vehicle Registration Number); and
  - Request an additional or replacement myjax Platinum Card.
- The Member has an option of opting out of all electronic communications under myjax, even if the electronic communications are not commercial electronic communications under the Spam Act 2003 (Cth). If the Member opts out of receiving electronic communications under myjax, the Member is solely responsible for checking the Member's Page, including at each Milestone, to access the Vouchers.
privacy
- The Member Information will be held on a Database maintained by JAX and a program service provider engaged by JAX to administer myjax.
- The Member Information on this Database may be used, stored and transmitted by JAX in accordance with the Online Privacy Policy and these Terms and Conditions. For example, JAX may use this information for marketing, planning, product development, research and other commercial purposes. Under no circumstances will information be made available to any other parties without the Member's consent, unless required by law.
Benefits of membership
- All Members are eligible for Vouchers.
- JAX will post available my Rewards Vouchers on the Member's Page.
- JAX will post available my Maintenance Plan Vouchers on the Member's Page and unless Members have unsubscribed to email communications, Members will also receive email notifications of my Maintenance Plan Vouchers.
- Members must either print out, or SMS, and present Vouchers at any JAX store in order to redeem them. Staff at JAX stores are not responsible for accessing the Database to ensure the Member's entitlement if the Member does not have the Voucher.
- Vouchers are not exchangeable or redeemable for cash.
- Unless otherwise specified, Vouchers can only be used once and are not to be used in conjunction with any other offer.
- Only one voucher is to be redeemed per visit.
- Vouchers are offered at the absolute discretion of JAX and JAX reserves the right to withdraw, cancel, vary or in any way alter at any time any of the Vouchers offered or advertised. This includes changing the value of the Vouchers or limiting the availability of the Vouchers. Members will be notified of any such changes.
- Members can have multiple Vehicles under their myjax Membership if they have made a Qualifying Purchase for each Vehicle.
- If a Vehicle's tyres are replaced by the Member and in doing so, the Member makes another Qualifying Purchase, the new tyres will be subject to a new Maintenance Plan.
- If a Member purchases a new vehicle, the my Maintenance Plan Vouchers for the Vehicle cannot be used in relation to the new vehicle. The my Rewards Vouchers can be used in relation to the new vehicle. If the Member makes a Qualifying Purchase for the new vehicle, the new tyres will be subject to a new Maintenance Plan.
Termination
- The Member may terminate its membership of myjax at any time by giving written notice to JAX. Upon receipt of notice of termination to JAX from the Member, the Member's contact details will be recorded on the Database as closed.
- Subject to clause 6.3, JAX reserves the right to terminate, modify or suspend myjax in whole or in part at any time in its absolute discretion by giving no less than thirty (30) days notice to Members. JAX gives no warranty as to the continuing availability of any Vouchers.
- JAX may terminate any membership of myjax in its sole discretion and without notice and for any reason, including without limitation, if a Member:
  - fails to comply with these Terms and Conditions;
  - is suspected of defrauding JAX in any way;
  - abuses any privilege afforded to Members; or
  - supplies misleading information or makes any misrepresentation to JAX in connection with the Member Information, myjax or the My Rewards Vouchers.
Intellectual property
- Copyright © JAXQuickfit Franchising Services Pty Ltd 2012. All rights reserved.
- The Member acknowledges and agrees that all content, coding, text, graphics, images, trade names and information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws. No part of the information on this Site may be copied, reproduced, modified, republished, up-loaded, posted, transmitted or distributed in any form or manner without JAX's prior written consent or unless its in accordance with these Terms and Conditions. The Member may download and print these Terms and Conditions for their personal non-commercial use.
Disclaimers & liability
- JAX does not warrant, guarantee or make any representations regarding the content, accuracy, adequacy, reliability, completeness, timeliness or any other aspect of the information available on the Site or that it is suitable for the Member's intended use. The access to, and the information available on the Site is provided "as is" without warranty of any kind, express or implied, to the extent permissible by law. The information is general in nature and does not constitute professional advice, and is provided for informational purposes only. In spite of reasonable efforts to keep the content current, it may become out of date from time to time.
- JAX does not warrant or represent that the information provided on the Site is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Site is at the Member's risk.
- JAX makes no warranties, guarantees or representations that the material in the Site or made available for download through the Site or delivered via electronic mail via the Site will not cause damage or that the material is free from any computer virus or any other defects. JAX recommends that virus checks should be done on any information downloaded.
- JAX will use its reasonable endeavours to ensure that the Site is available continuously, however JAX does not guarantee that access to the Site will be continuous or uninterrupted.
- JAX reserves the right to immediately cancel, terminate, modify or suspend myjax, without notice to the Member:
  - should for any reason myjax be incapable of running as planned, including without limitation where a virus, bug or matter beyond the reasonable control of JAX corrupts the security or proper administration of myjax;
  - where reasonably necessary to protect JAX's legitimate interests, to maintain or improve the Site or to comply with an order from any competent judicial, administrative or regulatory authority.
- Except as specifically set out in these Terms and Conditions or contained in any warranty statement provided with the products or services purchased or supplied through myjax, these Terms and Conditions do not include by implication any other term, condition or warranty, in respect of the quality, acceptability, merchantability, condition, description, assembly, manufacture or performance of myjax or any contractual remedy for their failure.
- Except to the extent of any liability imposed by the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth), JAX is not liable:
  - to the Member in any way arising under or in connection with myjax;
  - for any indirect or consequential losses or expenses suffered by the Member or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
General
- JAX reserves the right to make changes at any time without notice and in JAX's absolute discretion to these Terms and Conditions. JAX may notify Members of any changes within thirty (30) days but will not be liable in any way for failure to do so. Members should refer to the Site for the current Terms and Conditions.
- For the purpose of these Terms and Conditions, notice may be given by:
  - sending the notice to the email address of the Member which appears in the Database;
  - posting a notice to the Member's Page; or
  - notices placed on the Site or JAX's website at www.jaxquickfit.com.au.
- JAX's Online Privacy Policy forms part of these Terms and Conditions which will prevail over the Privacy Policy to the extent of any inconsistency.
- If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from these Terms and Conditions, without affecting the enforceability of the remaining terms.
- The laws of New South Wales from time to time governs these Terms and Conditions.
- The publication of electronic mail addresses on this Site is to facilitate communications relating to JAX's functions. It must not be inferred as consent by JAX to receive unsolicited commercial electronic messages.

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