1. GENERAL INFORMATION
1.1 These Terms and Conditions (“Rewards Terms”) apply to the use of The Shed by imar. Access to The Shed by imar platform is available at www.theshedbyimar.com.au (“Rewards Platform”) is provided by Gallagher & Co (AUS) Limited ABN 34 005 543 920 (“Gallagher,” “we,” “us,” or “our”) to eligible users of the Rewards Platform (“you”). The Rewards Platform is operated on our behalf by Think Wink Pty Ltd ABN 59 640 766 310 (“Wink”). Wink is not a Gallagher group company.
1.2 By using the Rewards Platform, you agree to be bound by these Rewards Terms. It is your responsibility to read and understand them.
1.3 These Rewards Terms may be updated from time to time at our discretion by providing notice on our website of the changes. If you do not agree to be bound by any changes to the Terms then you must cease to use and access the Rewards Platform.
1.4 The rights and obligations under these Rewards Terms are not assignable.
2. ELIGIBILITY AND USE
2.1 To be eligible for The Shed by imar and to access the Rewards Platform and earn rewards, you must:
i. have been notified of your eligibility via an offer to participate sent by us; and
ii. have acquired and maintain one or more eligible insurance products and/or policies distributed through our “Select” and “SBC” (including imar) business units (Personal Lines excluded); and
iii. have paid (and continue to pay) any applicable fees and all insurance premiums (including any statutory charges) in relation to any such policies and/or products referred to in section 2.1(ii) on or before the due date stated in the relevant tax invoice; and
iv. have a valid email address and mobile phone number.
2.2 You may only hold and use one “The Shed by imar” account, and your account is non-transferable. For the avoidance of doubt, access to the Rewards Platform is limited to a single eligible user and where the user is an entity or organisation it is limited to the sole individual nominee as nominated by that entity or organisation.
2.3 If you’d like to enquire about eligibility please use the Contact Us form on the Help & Support Page on The Shed by imar or email imar@imar.com.au.
3. CASHBACK REWARDS
3.1 Cashback rewards is a benefit you can earn through The Shed by imar. Once the Redemption Criteria has been met (refer to Section 5), the balance of your cashback rewards balance will be available to be converted into either a Digital Prepaid Mastercard or a digital retailer gift card (“Retailer Gift Card”). Please note that both the Digital Prepaid Mastercard and Retailer Gift Card have expiry dates, restrictions on use and are subject to forfeiture if not redeemed with the relevant time periods (refer to Section 6).
3.2 You may earn cashback rewards through:
i. Purchases made from participating online retailer offers accessible through the Rewards Platform; and
ii. Other The Shed by imar offers and opportunities, subject to their own individual terms and conditions.
3.3 Cashback rewards may not be credited to your account immediately but will be added to your rewards balance and shown in the dashboard of the Rewards Platform.
3.4 You can view the cashback rewards you have accrued by accessing the Rewards Platform and checking the balances shown in the dashboard. The displayed balance is an estimate only, and we do not guarantee its accuracy to the maximum extent permitted by law.
3.5 The status of your accrued cashback rewards will be displayed in the dashboard under two categories:
i. “Rewards Balance”: This is the total cashback rewards in your account that has been cleared and will be available for redemption once the Redemption Criteria have been met.
ii. “Pending Balance”: This represents cashback rewards earned through retailer offers that has not yet cleared from participating retailers. Participating retailers may have different clearing periods. It may take up to 7 days for cashback rewards to be tracked and recorded in your Pending Balance and up to 120 days for credit in your Pending Balance to move into your Rewards Balance. Your Pending Balance is not available for redemption.
3.6 Cashback rewards are personal to you and cannot be transferred to anyone else, unless notified otherwise by us.
3.7 Cashback rewards may be collected and used for business, personal and household purposes only. You may not collect or use cashback rewards for any purchases on a charge account or for any other commercial purpose. We reserve the right to apply purchase limits for the collection of cashback rewards at our discretion and without notice.
3.8 As long as you meet eligibility criteria set out in Section 2.1, subject to your access being suspended or terminated as set out in these Rewards Terms, you will have access to The Shed by imar and your cashback rewards remain active.
3.9 If you cease to meet the eligibility criteria set out in Section 2.1, then you will no longer have access to The Shed by imar (or the Rewards Platform) and the balance of your cashback rewards will be forfeited 30 days after you cease to be eligible (unless you are able to meet the eligibility criteria within the 30 day period, in which case your access to The Shed by imar will be reinstated and you will continue to accrue cashback rewards).
4. EARNING CASHBACK REWARDS: RETAIL OFFERS
4.1 To earn cashback rewards through a retail offer, you must access the participating retailer's store via the Rewards Platform.
4.2 Cashback rewards will be added to your Rewards Balance once a purchase is approved by the retailer. The approval process and the amount of cashback rewards earned are the sole responsibility of the retailer.
4.3 Please review the retailer's terms and conditions for the participating offer within the Rewards Platform before making a purchase.
4.4 You do not earn cashback rewards on:
i. GST or Tax;
ii. Orders paid with store credits;
iii. Orders using unauthorised discount codes;
iv. Freight and delivery fees;
v. Orders that are cancelled, changed, or refunded;
vi. Transactions detected as fraudulent;
vii. Purchases where you visit other websites after clicking through the Rewards Platform;
viii. Orders placed outside of 2 hours after clicking through to the Rewards Platform;
ix. Orders not fully completed through the Rewards Platform;
x. Purchases where a gift card is used as payment; or
xi. Purchases of gift cards unless otherwise stated.
4.5 If you return goods or receive a refund for the goods or services in respect of which cashback rewards are earned, we will reverse (debit) any cashback rewards allocated to you.
4.6 We reserve the right to reverse (in full or partially) cashback rewards allocated to you if there are grounds that, in our discretion, justify a reversal, such as (but not limited to):
i. if the cashback rewards were allocated to you by mistake;
ii. if you earned cashback rewards through unintended, deceptive, dishonest, or fraudulent means;
iii. your order made via the Rewards Platform was cancelled, exchanged or there were amendments made post purchase;
iv. your purchase made via the Rewards Platform did not meet the individual retailer’s terms and conditions, including that you used a promotional voucher, coupon code, gift card or similar which the individual retailer did not validate; or
v. the Rewards Platform was not the last website you clicked before making your purchase, meaning you did not go through the Rewards Platform to make your purchase, and in such circumstances you will be notified via email.
4.7 We may monitor your purchase history to ensure that cashback rewards are accumulated only as intended.
5.1 Cashback rewards will be available for redemption once the following criteria ("Redemption Criteria") are met:
i. you remain eligible to access The Shed by imar, as set out in Section 2.1;
ii. to redeem your Rewards Balance as a Retailer Gift Card, a minimum Rewards Balance of A$25 has been earned (other than a Bunnings Retailer Gift Card which requires a minimum Rewards Balance of A$30 to redeem);
iii. to redeem your Rewards Balance as a Digital Prepaid Mastercard, a minimum Rewards Balance of A$27 has been earned;
5.2 Cashback rewards do not have cash value and cannot be converted to or withdrawn as cash. When it comes time to redeem your Rewards Balance, one cashback reward converts to A$1.00.
5.3 Once the Redemption Criteria are met, the balance of your rewards balance will be available to convert into a Digital Prepaid Mastercard or Retailer Gift Card.
5.4 You will receive an email with instructions on how to activate and use your Digital Prepaid Mastercard or Retailer Gift Card (note relevant expiry periods set out in Section 6 relating to the use of such cards).
5.5 If you have recently purchased a new product or cancelled a product, the criteria for redeeming your cashback rewards may change. It can take up to 48 hours for this update to be reflected in the Rewards Platform.
6. DIGITAL PREPAID MASTERCARD AND RETAILER GIFT CARDS
6.1 Cashback rewards can be redeemed by imar customers as either a Digital Prepaid Mastercard or Retailer Gift Card. The Digital Prepaid Mastercard and Retailer Gift Cards are subject to each of these Rewards Terms, Mastercard’s terms and conditions and the relevant retailer terms and conditions, respectively.
6.2 The Digital Prepaid Mastercard card is a digital prepaid Mastercard, like a prepaid Mastercard, tailored for your mobile phone wallet. Both the Digital Prepaid Mastercard and Retailer Gift Card have expiry dates and cashback rewards will be forfeited if not used within the relevant time periods (see Sections 6.4, 6.6 and 6.7 below).
6.3 Once the Redemption Criteria is met and your balance exceeds either A$27 (minimum requirement to redeem a Digital Prepaid Mastercard) or A$25 (minimum requirement to redeem a Retailer Gift Card, other than a Bunnings Retailer Gift Card which has a minimum requirement of A$30 to redeem), you choose to redeem your Reward Balance, you'll be required to provide a mobile phone number. You will be sent an SMS and/or email within 7 days containing a link on how to activate either your personalised Digital Prepaid Mastercard or Retailer Gift Card. The link within your email and/or SMS will expire three months after you receive it. Redemption values for Retailer Gift Cards are subject to change by the relevant retailer.
6.4 To prevent forfeiture, you must activate your chosen Digital Prepaid Mastercard or Retailer Gift Card within 3 months of receiving the SMS and/or email referred to in section 6.3 above, or you will lose the cashback rewards balance within the card.
6.5 Following activation, the Digital Prepaid Mastercard can be added to your mobile phone's digital wallet (e.g., Apple Pay, Google Pay, or Samsung Pay) and can only be used wherever Digital Prepaid Mastercard’s are accepted within Australia, while the Retailer Gift Card can be redeemed at any of the locations and websites specified in the terms and conditions for the respective retailer.
6.6 Your Digital Prepaid Mastercard (if selected) is subject to a Mastercard fee of A$2.00 that will be deducted from your Reward Balance and is valid for 12 months from the date of issue and cannot be used after its expiry. Any remaining balance after the expiry date will be forfeited.
6.7 Your Retailer Gift Card (if selected) is valid for a minimum 3 years from the date of issue and cannot be used after its expiry. Any remaining balance after the expiry date will be forfeited.
6.8 The Digital Prepaid Mastercard and the Retailer Gift Card provided through The Shed by imar program are not reloadable.
6.9 For any errors or inquiries concerning your Digital Prepaid Mastercard or Retailer Gift Card, please refer to the instructions provided at the time of receiving the relevant card.
7. PRIVACY AND SECURITY
7.1 Wink will take all reasonable precautions and measures to maintain the security and privacy of your personal information and data. However, breaches of security are still possible. Therefore, neither Wink nor Gallagher can guarantee the complete security of your information, and to the maximum extent permitted by law, neither Wink nor Gallagher will be held liable for any loss or damage arising from a breach of security.
7.2 Wink will handle your personal information in accordance with its privacy policy and the Australian Privacy Act 1988, which includes the Australian Privacy Principles.
7.3 Information regarding the collection, storage, disclosure, and use of your personal information by Wink can be found in the Wink privacy policy (accessible at https://thinkwink.com.au/privacy).
7.5 Regarding the Rewards Platform, Wink may collect information, including:
i. Information provided by you through the Rewards Platform and related to your Rewards Platform usage.
ii. Information provided by participating retailers and/or service providers concerning your transactions and other usage details on the Rewards Platform.
iii. Information about your general engagement with the Rewards Platform.
iv. Information related to your rewards.
7.6 Your personal information will be used by Wink to facilitate the operation of the Rewards Platform. This includes:
i. Operating, conducting, and administering The Shed by imar.
ii. Facilitating your access to and participation in the Rewards Platform, as well as providing the benefits of The Shed by imar (including redemption of cashback rewards).
iii. Confirming the eligibility of transactions for cashback rewards.
iv. Identifying suspicious transactions and detecting/preventing fraud.
v. Facilitating the provision of updates.
vi. Any other reasonably expected related purposes.
7.7 To enable Gallagher customers the opportunity to register with The Shed by imar program, limited information will be shared by us with Wink. The information shared with Wink will be restricted to a unique code formed from a combination of letters and numbers from your company name and client code, and you acknowledge and agree to us making such disclosure.
7.8 Your personal information will also be disclosed to and used by TCN Group Pty Ltd ABN 87 626 501 568, the issuer of the Digital Prepaid Mastercard, to facilitate the redemption of cashback rewards, and you acknowledge and agree to such disclosure.
7.9 Clicking links to access cashback rewards will take you to a third party site which will be subject to the terms of use and conditions of the third party, which is separate to these Rewards Terms. By providing information via that third-party site, you will be providing information directly to that third party. We recommend that you read the privacy statement of the third-party site if you are clicking through or are redirected to any such sites.
7.10 Gallagher and Wink have entered into an agreement in relation to the establishment of The Shed by imar program, which ensures compliance with relevant privacy law and includes a framework for notification of data breaches.
8. YOUR OBLIGATIONS AND RESPONSIBILITIES
8.1 Any information you provide to us or to Wink must be true, accurate, and complete.
8.15 Your personal information supplied to Wink will correspond to your client reference relating to your insurance policy.
8.2 It is your responsibility to ensure that your personal details within the Rewards Platform are correct and up to date, as failure to do so may result in the inability to provide you with cashback rewards.
8.3 You are responsible for maintaining the safety and security of your The Shed by imar account. It is your duty to take all reasonable steps to prevent unauthorised use or access to your account and account information. You are liable for all transactions made using your account. We are not liable for any loss or damage resulting from unauthorised use of your account.
8.4 Any tax, liability, or duty incurred by you as a result of your use or participation in The Shed by imar or obtaining rewards through the Rewards Platform is solely your responsibility. You alone will be liable for assessing and paying any such tax liability.
9. OUR RIGHTS
9.1 We do not provide any warranty regarding the continuous availability of the Rewards Platform. We reserve the right to:
i. Terminate or suspend your access to the Rewards Platform.
ii. Change, update, withdraw, terminate, or suspend The Shed by imar or any content, features, or functionality of the Rewards Platform, in whole or in part.
9.2 Grounds for termination or suspension of access under condition 9.1(i) above include if you (or someone using your The Shed by imar account details):
i. Abuse, misuse, or attempt to abuse or misuse your account, the Rewards Platform, or any other associated elements of The Shed by imar.
ii. Engage in conduct contrary to these Rewards Terms.
iii. Fraudulently accumulate cashback rewards.
iv. Provide incorrect or misleading information.
v. Engage in unacceptable conduct related to your account, including conduct that we reasonably suspect of dishonesty, fraud, or wrongful conduct.
vi. Act against our business interests, reputation, or the interests and reputation of our related bodies corporate, clients, partners, retailers, and suppliers.
vii. Declare bankruptcy, become of unsound mind, or pass away.
9.3 Except where these Rewards Terms expressly provide otherwise, we are not required to notify you in advance or provide reasons for any action we take regarding your access to the Rewards Platform.
9.4 In the event of the termination or suspension of The Shed by imar, cashback rewards will be paid out in accordance with these Rewards Terms. All disclaimers, exclusions, limitations
10. LIMITATIONS OF LIABILITY
10.1 You acknowledge and agree that there may be:
i. delay in issuing you with rewards credit;
ii. acts, errors, or omissions by us in the course of providing The Shed by imar (including as referred to in these Rewards Terms); or
iii. a suspension and/or termination of the Rewards Platform including the ability for you to earn and enjoy cashback rewards and the nature of reward redemption, and to the maximum extent permitted by law (and provided that nothing in these Rewards Terms limits your rights under the Australian Consumer Law), Gallagher and Wink will not be liable to you in any way for any cause in connection with such matters.
10.2 You agree that any comments, suggestions or recommendations you may receive from us or others as part of The Shed by imar may not be suitable, accurate or complete and you must not rely on them in a way which may give rise to any loss or damage. If you intend to rely on anything in connection with the Rewards Platform, your reliance should be based solely on your own judgement, including as to the extent to which you should obtain or use any rewards credit.
10.3Provided that nothing in these Rewards Terms limits your rights under the Australian Consumer Law, any liability Gallagher and Wink may have to you in negligence, breach of contract or otherwise, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any services supplied by us pursuant to these Rewards Terms, whether express or implied by statute, are excluded to the maximum extent permitted by law.
11. INDEMNITY
11.1 You indemnify Gallagher and Wink in respect of any liability incurred by us for any loss, cost, damage, or expense, howsoever caused, suffered by us as a result of your breach of these Rewards Terms.
12. AVAILABILITY OF REWARDS PLATFORM
12.1 Since electronic services are subject to interruption or breakdown, access to the Rewards Platform is offered on an “as is” and “as available” basis only.
12.2 We may impose limits or restrictions on the use you may make of the Rewards Platform, features and functionality.
12.3 Any cost associated with accessing the Rewards Platform is the user’s responsibility and is dependent on their respective internet or telecommunications service provider.
13. CHANGES TO THESE TERMS
13.1 These are the current Rewards Terms. We may at any time change these Rewards Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services, content, features or functionality of The Shed by imar or the Rewards Platform.
13.2 You accept that we provide you with sufficient notice of any variation by making available on the Rewards Platform the current version of the Rewards Terms, unless otherwise required by the law or any applicable Code.
13.3 By your use of the Rewards Platform after any variation, you are taken to have accepted the varied Rewards Terms.
14. OTHER GENERAL CONDITIONS
14.1 In these Rewards Terms, unless the contrary intention appears:
i. the singular includes the plural and vice versa;
ii. headings are for convenience only and do not affect interpretation;
iii. a reference to ‘include’ or ‘including’ means ‘including but not limited to’.
14.2 The information provided in the Rewards Platform has been provided in accordance with Australian laws only.
14.3 The law applicable to The Shed by imar, and to any complaints arising from it is the law in force in the State of New South Wales, Australia. By accessing The Shed by imar, you irrevocably submit to the jurisdiction of the courts of the New South Wales, Australia and any courts which have jurisdiction to hear appeals from such courts, unless the complaint relates to an insurance or banking contract in which case relevant state or federal law will apply.
14.4 Should any part of these Rewards Terms be found to be void, unenforceable or invalid, then it is severed from these Rewards Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of the agreement.
14.5 You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. Conduct includes delay in the exercise of any right. Right means any of our rights arising under or in connection with these The Shed by imar Rewards Terms or otherwise and includes the right to rely on this term. Waiver includes an election between rights and remedies and conduct which might otherwise give rise to an estoppel.
15. CONTACT US
15.1 If you have any queries or complaints regarding The Shed by imar, please raise a customer enquiry under the ‘Help & Support’ section in the Rewards Platform.