The Program is a trade rewards program through which Members can earn and accumulate Rewards. This document explains how Rewards can be earned by a Member by participating in Earning Opportunities. If you have a Cat Commercial Account, please read these Terms together with your Cat Commercial Accountholder Agreement. If you do not agree to these Terms, please contact us to advise that you do not wish to be (or continue to be) a Member in the Program.
1. THE PARTIES
In this document:
(a) Caterpillar Financial Australia Limited (ACN 006 714 585) of 1 Caterpillar Drive, Tullamarine VIC 3043 operates the Program and, together with its Related Entities, employees and permitted assigns (where the context permits), shall be referred to as “we”, “us”, and “our”; and
(b) subject to these Terms, you are referred to as the Member or simply as “you” or “your”.
2. WORDS USED IN THIS DOCUMENT
Cat Central means the Cat® Central Application, which can be downloaded at www.digital.cat.com/applications/catr-central.
Cat Commercial Account means an open-ended, commercial, revolving line of credit, offered by us on the terms and conditions of the Cat Commercial Accountholder Agreement.
Cat Commercial Accountholder Agreement means an agreement between us and the holder of a Cat Commercial Account that establishes a Cat Commercial Account and the terms and conditions of use of that account, as amended or replaced from time to time by us in accordance with that agreement.
Cat Credits means the credit discount described in detail at www.cat.com/en_AU/support/cat-credits or any substitute or replacement site.
Caterpillar means Caterpillar Inc. and its affiliates and subsidiaries.
Dealer means a dealer in, or distributor of, Caterpillar machines, equipment, engines, attachments and accessories of a class, kind, specification or source of manufacture duly appointed and authorised by the manufacturer or importer to perform and carry out that function in a location within the Jurisdiction.
Earning Opportunity means an opportunity to earn Rewards at certain times and under available offers set out in these Terms, on the Program Website or as otherwise offered to you in writing using another method.
Goods means certain qualifying Caterpillar goods sold by a Vendor and available to rent or buy under the Program.
Government Agency means any: (a) government or other regulatory entity; (b) government-owned or controlled entity, (including state-owned or state-controlled businesses or quasi-government entities); (c) commission, board, or legislative body; (d) political party; (e) royal family; (f) tribunal or arbitral body; or (g) public international organisation (e.g., the World Bank or Red Cross).
Government Official means any: (a) officer, agent, or employee of a Government Agency, including part-time or unpaid employees; (b) person acting in an official capacity on behalf of a Government Agency; (c) candidate for government or political office; or (d) member of a royal family.
Jurisdiction means Australia.
Member means someone that is enrolled in the Program and Membership has a similar meaning.
Member Representative, in relation to a corporate Member, means an individual specifically authorised to act on behalf of that Member in relation to the Program in accordance with clause 3.4(a) and, in relation to an individual Member, means that individual.
MyCatFinancial means www.MyCatFinancial.com or any substitute or replacement site announced by us from time to time.
PCC means www.Parts.Cat.com or any substitute or replacement site announced by us from time to time.
Program means the customer incentive program explained in these Terms, designed to allow a Member to earn and accumulate Rewards by participating in Earning Opportunities.
Program Website means cat.com/AUrewards or any substitute or replacement site announced by us from time to time.
Promotional Offer means a special Earning Opportunity that may offer you a higher Reward Rate on a Qualifying Purchase than a standard Earning Opportunity.
Qualifying Purchase means a purchase of Goods or Services from a Vendor that results in a Member earning Rewards under the terms of an Earning Opportunity in accordance with clause 4.2.
Related Entity, of an entity, means another entity, which is related to the first within the meaning of section 50 of the Corporations Act 2001 (Cth) or is in any economic entity (as defined in any approved accounting standard), which contains the first.
Rewards means a reward that you may earn under the Program and use in accordance with these Terms.
Rewards Account means a virtual account established in the name of a Member that aggregates that Member’s Rewards Balance from time to time and provides a record of the value of Rewards you have been awarded along with related information such as your Rewards Expiry Date, which is accessible through MyCatFinancial.
Rewards Balance means, at a given time, the Rewards you have earned from having made Qualifying Purchases.
Rewards Expiration Date has the meaning in clause 5.5.
Reward Rate means the Rewards that can be earned per dollar spent using a Cat Commercial Account under an Earning Opportunity.
Sanctioned Person means, at any time, (i) a person listed in any sanctions-related list of designated persons maintained by the Australian Department of Foreign Affairs and Trade, the US Department of the Treasury, the US Department of Commerce, the US Department of State, or by the United Nations Security Council, the European Union, any EU member state, or the United Kingdom (including HM Treasury Office of Financial Sanctions Implementation); or (ii) any person owned or controlled by any such person or persons in aggregate or (iii) any person located, organised or resident in a country or territory that is the subject or target of comprehensive country-wide or territory-wide sanctions.
Services means certain qualifying services offered by a Vendor and available for purchase under the Program.
Terms means these terms and conditions governing the Program, as amended or replaced from time to time in accordance with clause 6.1.
Vendor means a participating Dealer and any participating Caterpillar store or e-commerce platform approved for use in an Earning Opportunity under the Program.
3. ENROLMENT IN THE PROGRAM
3.1 Eligibility
By entering into the Cat Commercial Accountholder Agreement, we may enrol you as a Member in the Program. There is no cost to enrol or participate. You are eligible to participate in the Program and earn Rewards as a Member if:
(a) you have a Cat Commercial Account that has not been cancelled or is in default;
(b) you operate your business within the Jurisdiction;
(c) clause 3.2 does not apply to you; and
(d) we have notified you that you are a Member.
3.2 Exclusions from participation
(a) Notwithstanding clause 3.1, you are not eligible to participate in the Program if you are any of the following, unless we notify you otherwise in writing:
(i) customer with a special account with a Caterpillar industry support group;
(ii) Dealer;
(iii) Government Agency or Government Official;
(iv) Members we suspect is using (or will use) the Program to acquire Goods for resale or export;
(v) person that is or we reasonably suspect is a Sanctioned Person;
(vi) Member that we reasonably suspect intends to use Rewards for personal, domestic, or household use;
(vii) Member that we reasonably suspect intends to participate in the Program (or use or accumulate Rewards) for any unlawful purpose or in a manner that is materially inconsistent with these Terms; or
(viii) we have notified you that you are not eligible to be a Member for any other reason (acting reasonably).
(b) If we enrol you in the Program, we may ask you to confirm that you are not a person that falls under one of the categories listed above.
3.3 Acceptance of Terms
Unless you tell us that you do not (or no longer) wish to be a Member, you accept these Terms from the day we notify you that you are a Member. After we notify you that you are a Member, you will start to earn Rewards as a Member the first time you make a Qualifying Purchase. Each time you access and/or use the Program, you agree to be bound by and comply with these Terms (as may be amended or replaced from time to time in accordance with clause 6.1). If you do not agree to comply with these Terms, you must notify us that you do not wish to participate in the Program.
3.4 Designation and rights of a Member Representative
(a) We will designate, for each Member, a single individual to be the “Member Representative”. If you are an individual Member, you will be the Member Representative. Otherwise, we will nominate the first ‘Authorised User’ (as that term is defined in the Cat Commercial Accountholder Agreement) of your Cat Commercial Account (if any) as your Member Representative and primary contact person for the purpose of your participation in the Program, unless you nominate another individual by notifying us in writing. Only an individual can be a Member Representative.
(b) You authorise us to communicate with you regarding the Program through your Member Representative. Any notice or information relating to the Program that we provide to the Member Representative is deemed to have been provided to you as the Member, and we may rely, for the purpose of Program administration, on any information that the Member Representative provides to us. Any action taken by a Member Representative in connection with the Program will be taken to be an action of the Member. For the avoidance of doubt, a Rewards Account belongs to the Member, not a Member Representative.
(c) A Member Representative may:
(i) access and manage a Member’s Rewards Account; and
(ii) use Rewards (subject to clause 5.4).
(d) You must use your best endeavours to ensure that each Member Representative, so far as reasonably possible:
(i) provides true, accurate, current, and complete information in connection with the Rewards Account and, as permitted, to maintain and update it regularly and promptly to keep it accurate, current, and complete at all times;
(ii) is solely responsible for all activities that occur under the Member’s Rewards Account;
(iii) is solely responsible for maintaining the confidentiality of the Rewards Account access information and for restricting access to computers, mobile phones or other wireless devices, or other internet enabled devices associated with such Rewards Account so that others may not access the Program or the Rewards Account unless authorised;
(iv) notifies us as soon as reasonably possible of any unauthorised use of the Rewards Account, or Member Representative credentials, or any other breach of security by contacting us using the contact information provided on the Program Website;
(v) not sell, transfer, or assign the Rewards Account; and
(vi) notifies us as soon as reasonably possible if the Member Representative ceases, for any reason, to be associated, in any capacity, with a Member.
(e) Once a Member Representative is no longer associated with a Member, we have the right to terminate the Member Representative’s registration in connection with that Member.
(f) We will not be liable for any loss or damage (of any kind) to a Member or any third party arising from inability or failure for any reason to comply with any of the obligations under this clause 3.4 (except to the extent such liability is caused by our fraud, negligence or willful default (or that of any of our employees, contractors, officers or agents).
(g) If any information provided by you under this clause 3.4 is, or if we have reasonable grounds to suspect that any information provided by you under this clause 3.4, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your participation in the Program in accordance with clause 7(a).
4. PARTICIPATING IN THE PROGRAM
4.1 Program overview
(a) Subject to these Terms, the Program allows Members to earn Rewards, at a Reward Rate, by making Qualifying Purchases under one or more Earning Opportunities.
(b) When Rewards are earned, they will appear in your Rewards Account as a notional dollar amount.
(c) Whenever Rewards are given as Cat Credits, your use of Cat Credits is subject to the terms and conditions governing Cat Credits, as amended from time to time and located at www.cat.com/en_AU/support/cat-credits, except as may be altered under these Terms or the Program more generally.
(d) We may determine how Rewards can be used by a Member from time to time by publishing the change on the Program Website before the change occurs. If we make such a change, Rewards earned before the date of the change will not be affected.
4.2 Earning and accumulating Rewards
(a) Earning Opportunities will vary over time and may, for example, include opportunities that do not require the use of your Cat Commercial Account. We will notify you about these opportunities from time to time on the Program Website.
(b) Whenever a Member participates in an Earning Opportunity that involves the use of a Cat Commercial Account, the relevant transaction will not be a Qualifying Purchase if it:
(i) does not comply with the Cat Commercial Accountholder Agreement;
(ii) relates to the purchase of a new or used machine;
(iii) is intended for personal, domestic or household use;
(iv) is for resale or export purposes; or
(v) is made with a vendor that does not participate in the Program.
(c) A transaction that is not a Qualifying Purchase will not entitle you to earn any Rewards. The terms of an Earning Opportunity will state whether a transaction entitles you to earn any Rewards or not.
(d) Rewards cannot be earned while an ‘Event of Default’ (as that term is defined in the Cat Commercial Accountholder Agreement) is subsisting or if we have suspended or terminated your Membership, participation in the Program or closed your Rewards Account under clause 7 of these Terms.
5. REWARDS AND EARNING OPPORTUNITIES
5.1 About Rewards
(a) Rewards that have been earned will be added to the Rewards Balance of the Member connected with the Cat Commercial Account that was used in the Qualifying Purchase. Your Rewards Balance is available for viewing at any time in your Rewards Account and will generally be updated each day, unless this is not possible due to circumstances beyond our control, such as IT outages or other unforeseen technical issues. You can view and manage your Rewards Account at any time through MyCatFinancial. If at any time you believe your Rewards Account is not up to date or reflect the correct value of Rewards, please contact us.
(b) Rewards:
(i) are a notional concept shown as a dollar amount in your Rewards Account;
(ii) cannot be assigned or transferred to anyone else, including to a Related Entity, except where we approve the transfer of a Cat Commercial Account;
(iii) cannot be combined or aggregated with another Member’s Rewards, even a Related Entity of a corporate Member;
(iv) cannot be purchased, sold, bartered, or traded, or traded with anyone else, including to a Related Entity; and
(v) will not be valid unless earned and awarded in compliance with these Terms.
5.2 Value of Rewards
(a) The standard Reward Rate for an Earning Opportunity (other than a Promotional Offer) is 1% of the Qualifying Purchase (GST-inclusive price). Rewards will be rounded up or down to the nearest whole cent.
(b) Each Earning Opportunity may have different Reward Rates (such as a Promotional Offer), terms and eligibility criteria, including differences in what qualifies as a ‘Qualifying Purchase’, the list of available ‘Vendors’ and/or the eligible ‘Goods’ or ‘Services’. You should check the Program Website before making a purchase to confirm whether it entitles you to earn Rewards and the Reward Rate applicable to your purchase.
5.3 Promotional Offers
(a) Promotional Offers are limited time offers and are subject to change or expiry as detailed on the Program Website or by another method of notice to you (such as email). Under a Promotional Offer, Members may earn Rewards at a higher Reward Rate than a standard Earning Opportunity, subject to the terms of that Promotional Offer as announced. You should check the Program Website or otherwise contact us before making a Qualifying Purchase to confirm how many Rewards you may be awarded in connection with a purchase under a Promotional Offer.
(b) It is possible for a Member to be eligible for one or more Promotional Offers and earn Rewards in different ways for the same Qualifying Purchase (note that the meaning of a “Qualifying Purchase” may differ between Earning Opportunities). Please see the terms of the relevant Promotional Offers for further details.
5.4 Viewing and using Rewards
(a) Members can view the Rewards they have earned on MyCatFinancial. If MyCatFinancial is unavailable or you do not have a MyCatFinancial account, you may contact us at 1800 010 808 or email CFAL.customerservice@cat.com to obtain a Rewards Balance.
(b) Once your Rewards are exchanged for Cat Credits or other usable form of value given for your Rewards, your Rewards can be used:
(i) Option 1: On PCC and Cat Central.
(ii) Option 2: In store at a participating Dealer.
(c) The value of Cat Credits or other usable form of value given for your Rewards cannot exceed the value of your Rewards at any given time. If we change how Rewards can be given at any time, we will endeavour to give you as much notice before the change as reasonably practicable, but in any case, we will not void or lessen the value of Rewards you have earned or Cat Credits or other form of value given before the change.
(d) When Rewards are exchanged for Cat Credits or other usable form of value given for your Rewards, your oldest Rewards will ordinarily be used first because Rewards have expiration dates (determined in accordance with clause 5.5).
(e) If we give you something of value for your Rewards other than Cat Credits, we reserve the right to substitute that other thing of value for Cat Credits for an equivalent value.
5.5 Rewards expiration
(a) Rewards are valid for 2 years starting from the end of the month in which the Rewards are earned (Rewards Expiration Date), unless provided for otherwise under the terms of the relevant Earning Opportunity. You should refer to the terms of the relevant Earning Opportunity to confirm the Rewards Expiration Date for your Rewards. All Rewards must be used no later than 4pm (AEST) on its Rewards Expiration Date to avoid their automatic expiration under this clause 5.5.
(b) Once you earn Rewards, you do not need to keep actively participating in Earning Opportunities or regularly using Rewards in order to keep them in your Rewards Account. However, if your Rewards are not used before the Rewards Expiration Date, they will expire and you will lose the right to use them after that time.
(c) Your Rewards Account will display the Rewards Expiration Date of your Rewards. You may also be notified about upcoming expiry of Rewards through MyCatFinancial. Because Rewards are likely to be earned under different Earning Opportunities at different times, your Rewards will likely have different Rewards Expiration Dates. You should regularly check your Rewards Account so that you do not miss a Rewards Expiration Date.
5.6 Rewards forfeiture under voluntary exit
(a) This clause 5.6 applies to a voluntarily exit from the Program and not a situation under clause 7(a).
(b) Deciding to end your participation in the Program means you will no longer be a Member or be able to earn further Rewards.
(c) Cat Credits or any other thing given to you under clause 4.1 which is equivalent in value to your Rewards before you choose to end your participation in the Program may continue to be used after your participation in the Program ends (but will still expire by the relevant Rewards Expiration Date).
6. CHANGING THESE TERMS, THE PROGRAM AND EARNING OPPORTUNITIES
6.1 Changes to these Terms
(a) We may, acting reasonably, change or replace these Terms from time to time. For example, we may:
(i) change the way you can earn, or we award, Rewards;
(ii) change the way you can use Rewards;
(iii) remove or introduce Program features, costs and/or eligibility criteria; and
(iv) make changes required by law.
(b) We will announce any change to these Terms on the Program Website and give you at least 30 days’ prior notice before the change takes effect, unless:
(i) the change is required by law; or
(ii) we reasonably believe the change is not material or likely to materially adversely affect your rights under the Program, in which case, a shorter period of notice may be given as required by that law or as reasonably determined by us.
(c) You may terminate your participation in the Program without penalty by notifying us if you do not agree to any change or replacement of these Terms. In that event, you remain entitled to use your Rewards Balance in accordance with clause 5.6.
6.2 Earning Opportunities
(a) We may offer Earning Opportunities from time to time with different terms and conditions, Reward Rates and offer periods to help Members receive Rewards under a variety of different Earning Opportunities, including Promotional Offers, and to encourage Members to participate in different kinds of Earning Opportunities that have different Reward Rates. Each Earning Opportunity will be announced on the Program Website, or we may also notify you in another way (ie, by email). You should check the Program Website before making a Qualifying Purchase to determine what Earning Opportunity the purchase may apply to.
(b) You are not obliged to participate in any Earning Opportunity or make any Qualifying Purchase. If you make a Qualifying Purchase at a time when an Earning Opportunity is available, you will earn Rewards at the Reward Rate that applies to the relevant Earning Opportunity. Earning Opportunities may run concurrently or have overlapping offer periods.
6.3 Effect of continuing to participate
Once a change takes effect under this clause 6 (following the relevant notice period), your continued participation in the Program constitutes your express agreement to the revised Terms or Program. You should check the Program Website regularly. Any revised Terms or Program will be effective as to new use and purchases as of the time that we post them or such later date as may be specified in the announcement. However, the Terms that applied when you previously used the Program will continue to apply to such prior use (ie, changes and additions are prospective only).
7. SUSPENDING OR CANCELLING YOUR MEMBERSHIP
(a) We may, acting reasonably, suspend or terminate your Membership and participation in the Program if:
(i) an ‘Event of Default’ has occurred or is subsisting under your Cat Commercial Accountholder Agreement;
(ii) clause 3.2 applies to you at any time after you become a Member; or
(iii) in accordance with clause 3.4(g).
(b) If clause 7(a) applies, and your participation in the Program is suspended or terminated, we may also suspend or terminate your Cat Commercial Account at the same time.
(c) We will make reasonable efforts to give you at least 30 days’ notice if we take action in accordance with clause 7(a), however we reserve the right to give you less notice if:
(i) we are of the reasonable opinion that it is necessary to manage an immediate default or risk; or
(ii) lesser notice is given to you under the terms of your Cat Commercial Accountholder Agreement.
(d) If clause 7(a) applies, we may, acting reasonably:
(i) automatically give you Cat Credits or something else of value for your Rewards earned at that time (if any);
(ii) agree to your request to have Cat Credits or something else of value given to you for your Rewards earned at that time (if any).
However, we may determine, acting reasonably, not to do any of the above based on the circumstances. If we decide not to give you Cat Credits (or anything else of value) for any Rewards earned at that time, then your Rewards will be forfeited on and from the date your participation in the Program ends under this clause 7.
8. COMMUNICATIONS, NOTICES AND CUSTOMER SERVICE
(a) Members agree that:
(i) we may give you notices of important matters by prominently posting notice on the Program Website or in another reasonable manner, including by emailing you;
(ii) we may contact you and send you communications by post, text and/or e-mail using the details you provide to us at enrolment; and
(iii) we may send you notifications and/or announcements about Earning Opportunities or the benefits of the Program, and your participation in the Program will be deemed to be your consent to receive these communications from us.
(b) Any questions regarding participating in the Program may be submitted to us through the contact information provided on the Program Website. You acknowledge that, while we endeavour to provide a level of customer support, we are not obliged to provide you with customer support of any kind, except as specifically provided in these Terms or as required by law. If you have any questions about the information in your Rewards Account or Rewards Balance, please contact us.
9. LIMITATION OF LIABILITY
To the extent permitted by law, we:
(a) are not liable for and make no warranty (express or implied) in respect of, any Goods or Services you receive from a Vendor under any transaction between you and that Vendor, or your use of Rewards, Cat Credits or something else of value under clause 4.1 (except to the extent such liability is caused by our fraud, negligence or wilful default (or that of any of our employees, contractors, officers or agents);
(b) make no representation or warranty that any Qualifying Purchase, Goods, Services or Earning Opportunity is suitable for your intended purpose or use;
(c) accept no liability for any taxes (including GST) or other duties, levies or charges imposed by law either inside or outside of the Jurisdiction that may be imposed on you participating in the Program or earning or using Rewards (except to the extent such liability is caused by our fraud, negligence or wilful default (or that of any of our employees, contractors, officers or agents); and
(d) are not liable under the Program or these Terms to you or any third party for any claims, causes of action, demands, losses, liabilities and/or damages of any kind whatsoever existing now or arising in the future, as well as any consequential, indirect, incidental, exemplary, special, and/or punitive damages whatsoever, including any damages for business interruption, loss of use, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including negligence) any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not we were advised of the possibility of such damages arising out of or in connection with your participation in the Program (except to the extent such liability is caused by our fraud, negligence or wilful default (or that of any of our employees, contractors, officers or agents).
10. DATA PRIVACY
(a) By participating in the Program, you consent for us and Caterpillar to seek, collect, use, store, share or disclose your personal data supplied in connection with your Cat Commercial Account for the purpose of your participation in the Program, including information about your Qualifying Purchases, adjustments to your Cat Commercial Account (for instance, reimbursements, disputed transactions, refunds etc.), your accumulation of Rewards, your Rewards Account and the conduct of your Cat Commercial Account.
(b) Any information that you provide to us and Caterpillar in connection with the Program, or any contest, promotion, or offer operated in connection with the Program, is subject to the Global Data Privacy Statement and Data Governance Statement: https://www.caterpillar.com/dataprivacy and https://www.caterpillar.com/en/legal-notices/data-governance-statement.html.
(c) Further, the information you provide may be shared between us, Caterpillar, one or more Dealers and any of their authorised representatives to assist with the delivery or administering of the Program (available at www.cat.com/en_AU/support/financing-protection/about-us/legal-notices.html) or as otherwise permitted by law. By participating in the Program, you agree that the email address you provide to us or Caterpillar to register can be used to communicate about the Program and support enrolment and use, including delivery of Cat Credits. If you register a mobile number with us to receive SMS or text messages about the Program, you agree that we can call or message you at that number in relation to the Program in relation to its administration and/or to communicate with you about these Terms, including additions or changes affecting Earning Opportunities.
11. INTELLECTUAL PROPERTY
(a) Caterpillar Inc. is the sole and exclusive owner the trademarks, service marks, trade names, logos, trade dress, and copyrighted or copyrightable materials of Caterpillar Inc. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of any trademarks owned by Caterpillar anywhere in the world.
(b) Caterpillar retains all copyrights in any and all text, graphic images, and software owned by Caterpillar related to the Program. Nothing contained herein shall be construed as conferring any license or right of copyright, patent, or trademark owned by Sponsor, or their subsidiaries or affiliates.
(c) CAT, CATERPILLAR, and their respective logos, Cat® Commercial Account, Cat® Credits, "Caterpillar Corporate Yellow", the "Power Edge" and the Cat “Modern Hex” trade dress as well as corporate and product identity, are trademarks of Caterpillar and may not be used without permission. Cat and Caterpillar are registered trademarks of Caterpillar Inc., 100 N.E. Adams, Peoria IL 61629.
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