Pinot Points Terms & Conditions

Last Updated: 29/07/21

  1. Program Overview
  1. The Pinot Points Program is a loyalty program which is operated by the participating entities within the Pinot & Picasso network, being any participating franchisees and corporate owned studios of Veuve Ventures Pty Ltd trading as Pinot & Picasso ABN 68 630 855 686 (Pinot & Picasso).
  2. By joining and participating in the Pinot Points Program, you agree that you have read and understood these Terms & Conditions and are bound by them. You consent to Pinot & Picasso collecting, using, and disclosing your personal information in accordance with the Privacy Policy available to view here.
  3. Pinot & Picasso reserves the right to amend, alter, withdraw, or terminate the Pinot Points Program, any feature or Benefit or the Terms & Conditions of the program at any time, subject to applicable law. Any such change may affect Benefits, which may have accumulated, as well as any future Benefits.
  4. Benefits of the Program are offered at the sole discretion of Pinot & Picasso.
  1. Definitions

Capitalised terms used in these Terms & Conditions are defined as follows (the singular includes the plural and conversely):

  1. Benefits means those features of the program that provide members with access to discounted or free tickets, which may change from time to time.
  2. Competitions has the meaning given to that term in clause 7(a).
  3. IP has the meaning given to that term in clause 11(a).
  4. Liabilities means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
  5. Member means person who holds a current and active account for the Pinot Points Program.
  6. Participating Studios means a Pinot & Picasso studio that offers the Pinot Points Program.
  7. Pinot & Picasso has the meaning given to that term in clause 1(a).
  8. Pinot Points means the points awarded by the Pinot Points Program for purchases made at Pinot & Picasso. Points are earned based on the dollar amount spent in a transaction on valid products when the Pinot Points Program membership is included in the transaction.
  9. Pinot Points Program means the loyalty program operated by Pinot & Picasso to provide benefits to its members when they make purchases online via the Website.
  10. Privacy Policy means the privacy policy available here on our Website.
  11. Terms & Conditions means these terms and conditions.
  12. Website means the site accessible at http://pinotandpicasso.com.au/.
  1. Joining Pinot Points Program
  1. Customers can join the Pinot Points Program from the 5th of August 2021 by completing the signup process via the checkout or account page on the Website. Once the signup process is completed, Members will automatically receive Pinot Points at checkout for applicable products, when signed into their account.
  2. Members must provide a valid email address and create a unique password when joining the Pinot Points Program through all sign-up channels. These details will be used to log into a Member’s online account. Members are responsible for maintaining the secrecy of their password and can change it at any time via the ‘account’ feature on the Website.
  3. Pinot & Picasso takes no responsibility for any loss arising from unauthorised use of a Member’s password or a Member’s failure to comply with the provisions of these Terms & Conditions.
  1. Participation
  1. Pinot Points, rewards and Benefits are available online across all participating Pinot & Picasso studios. Pinot & Picasso may vary the number of Participating Studios from time to time.
  2. To participate in the Pinot Points Program, Members must have a valid email address, be 18 years of age or older and be a resident of Australia.
  3. To receive birthday rewards, a valid date of birth must be entered against the Member’s profile. Member’s will be prevented from altering their date of birth after creating their profile.
  4. There are currently no signup or ongoing fees for the Pinot Points Program.
  5. Pinot Points, membership and Benefits are not transferable, not redeemable for cash and are non-refundable. Member accounts cannot be merged and Pinot Points cannot be ‘pooled’ across more than one Member account to redeem or accrue points.
  6. Membership can be revoked by Pinot & Picasso at any time, in its sole discretion and without compensation, for any reason including but not limited to abuse or breach of any of these Terms & Conditions, or any actions deemed by Pinot & Picasso to be contrary to Pinot & Picasso, the Program or the interests of its Members in the case of fraud or misuse.
  1. Program Benefits & Point Value
  1. Benefits are available across all Participating Studios online.
  2. Pinot Points are earned when transacting on the Website.
  3. Pinot Points are earned based on the dollar value of applicable products in the transaction.
  4. $1 is equal to 10 points.
  5. Pinot Points are earned for the purpose of being converted into a discount to be applied to applicable products.
  6. When a Member earns a total of 4,500 Pinot Points in a single or over multiple transactions, Pinot Points can then be converted into a discount of $59 at checkout. This is equal to the value of 1 standard public Pinot & Picasso studio ticket.
  7. Pinot Point earning is capped at 5,000 Pinot Points per month.
  8. Member’s Pinot Points can be converted into a discount that can be applied to the following products:
    1. public sessions; and
    2. private tickets (deposit & balance).
  1. Pinot Points Earning and Redemption
    1. Pinot Points can be earned on the following products:
      1. public session tickets;
      2. private functions;
      3. gifts cards – ‘Exclusive’ & ‘Flexi’;
      4. ‘Add-on’ products such as grazing boards & canvas frames; and
      5. ‘Art Box’.
    2. Products that DO NOT qualify for Pinot Points:
      1. ‘Pinot Guarantee fee’;
      2. ‘Flexi Gift Card fee’;
      3. booking fee; and
      4. virtual functions.
    3. Pinot Points may also be added to a Member’s account on occasions such as:
      1. signup completion;
      2. birthdays;
      3. anniversaries;
      4. referrals;
      5. survey & review completion; and
      6. third party promotions & competitions.
  1. Pinot Points can only be earned from the start date of the program, 5th August 2021. Points can not be backdated for transactions prior to this date.
  2. A Member MUST be logged into their Pinot Points account in order to earn and redeem Pinot Points. Pinot Points cannot be added to a Member’s account after an order has been processed.
  3. Pinot Points can be earned and redeemed across all Participating Studios online. Points can only be redeemed online via the Website and cannot be redeemed in-studio.
  4. Pinot Points are not transferable to other Members, not redeemable for cash and are non-refundable.
  5. Pinot Point balances and balance history can be viewed at any time by logging into the Member’s account. When logged into their account at checkout, Members can view how many Pinot Points will be earned for that transaction and will be given the option to redeem their Pinot Point balance for a $59 discount, if the balance is 4,500 or more.
  6. Pinot Points are redeemable for a maximum of 3 years since your last points were earned. Unredeemed Pinot Points will expire and be removed from a Pinot Points account 3 years after they have been earned.
  7. Benefits will not be earned or applied if a Member failed to log into their Pinot Points account before the completion of the purchase or transaction. It is a Member’s responsibility to remember to log into their Pinot Points account. Pinot & Picasso is in no way responsible or liable if Members do not do so before the completion of the transaction.
  8. Any unauthorised reproduction of a Pinot Points account may lead to a deduction of or loss of all Pinot Points, exclusion from the Pinot Points Program and may be reported to police.
  9. If a Member believes that any account statement of Benefits in their account is in error, Members must contact the Pinot & Picasso team within 14 days from the date the Pinot Points were earned.
  10. Pinot & Picasso may require that Members submit documentation to support each claim. Pinot & Picasso’s decision on all matters relating to a Pinot Points Benefit is final.
  1. Competitions
  1. Pinot & Picasso may from time to time make available to Members promotions and competitions (collectively, “Competitions”).
  2. Where applicable, Members may enter Competitions by meeting the entry criteria specified on each Competition. Pinot & Picasso reserves the right to publish names of winners of Competition prizes.
  3. Each Competition will be subject to any individual terms and conditions specified on the Website.
  1. Refunds & Reschedules
  1. In the event of a refund on a transaction where Pinot Points have been converted to a discount, we are unable to convert Pinot Points back into a Member’s account and the points will be forfeited. However, the studio will provide a credit in the form of a voucher, that can be redeemed exclusively at the studio the Pinot Points were redeemed on.
  2. On transactions where Pinot Points have been earned and added to a Member’s account, then a refund is later processed on that transaction, Pinot Points will not be deducted from that Member’s account.
  3. In the event of a reschedule on a transaction where Pinot Points have been converted to a discount, the entire transactions will be rescheduled, including the discounted ticket.
  1. Changes to these Terms & Conditions
  1. Pinot & Picasso may change these Terms & Conditions, and/or any aspect of the Pinot Points Program including redemption procedures or any Benefits under the Pinot Points Program in any respect and will communicate significant changes to Pinot & Picasso customers.
  2. Where Pinot & Picasso changes these Terms & Conditions, or any Benefits, an updated copy of these Terms & Conditions will be available on the Website. Members should regularly check for updates to the Terms & Conditions.
  3. Pinot & Picasso reserves the right to suspend or terminate these Terms & Conditions at any time, subject to compliance with applicable laws.
  1. Privacy & Consent
  1. We take our customer’s and Member’s privacy seriously and any information provided in connection with the Pinot Points Program are subject to our Privacy Policy, which forms part of these Terms & Conditions.
  2. By participating in the Pinot Points Program and accepting these Terms & Conditions, Members hereby expressly consent to the terms of our Privacy Policy.
  1. Intellectual Property

You acknowledge that:

  1. any copyright associated with Pinot Points, the Pinot Points Program and the Competitions, the software, design, text and graphics comprised or featured therein and/or the selection and layout of any associated material are content (“IP”) are owned by or licensed to Pinot & Picasso;
  2. you must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any IP without the prior written consent of Pinot & Picasso;
  3. you must not frame or embed in another website or application any of the IP without our prior written consent;
  4. Pinot & Picasso permits you to store a reproduction of IP on your local computer for the sole purpose of viewing the content and materials and to print hard copies for the sole purpose of participating in the Pinot Points Program but not for any other use, including commercial use; and
  5. the Pinot Points Program, the Website and any ancillary materials or documents owned or used by us in connection with the Pinot Points Program and promotion of our business contains registered and unregistered trademarks which are protected by law and other branding, images, content which constitute our intellectual property. You must not use any of the marks or trademarks (including those appearing on the Website) or our name or the names of our related bodies corporate or any of our IP without our prior written consent.
  1. General
  1. If the whole or any part of a provision of these Terms & Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms & Conditions or is contrary to public policy.
  2. These Terms & Conditions are governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia.
  1. No Liability
  1. The information contained in these Terms & Conditions is provided in good faith on an “as is” basis. To the extent permitted by law, Pinot & Picasso are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in respect of Pinot Points Program or the Pinot Points Program.
  2. We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
  3. Where we are permitted by law (and subject to clause 13(b)):
    1. we do not warrant or represent the suitability of the Pinot Points Program for any purpose; and
    2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Pinot Points Program.
  4. Our liability to you for loss or damage of any kind arising out of the Pinot Points Program or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our Liability is in contract, tort (including negligence), under any statute or otherwise.
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