Owl Club Terms & Conditions (effective 20 August)

These Terms and Conditions apply to the Owl Club loyalty program operated by NightOwl Marketing Pty Ltd (ABN 31 126 734 567) and its franchisees, affiliates, subsidiaries, and related bodies corporate (collectively, ‘NightOwl’, ‘we’, ‘us’, or ‘our’). By joining or using the Owl Club, you agree to be bound by these Terms and Conditions.

1. Membership Eligibility

1.1 The Owl Club is open to Australian residents aged 14 years or over. If you are under 18, you must have the consent of a parent or guardian to join.
1.2 Membership is free and available via the NightOwl app (available on Google Play and Apple App Store). To register, you must provide your first and last name, a valid email address, mobile phone number, and a password.

2. Program Structure

2.1 The Owl Club is a hybrid loyalty program offering both:
– Product punch card rewards for coffee and FrostBite purchases; and
– A points-based earn and redeem system for eligible in-store purchases.

2.2 Coffee and FrostBite Rewards: Every 5th coffee is free for Owl Club members. Every 5th FrostBite is free for Owl Club members.

2.3 Points Program: Members earn 1 point per $1 spent on eligible in-store purchases. Purchases of fuel do not earn points, except that fuel purchases over $40 earn 5 points. Tobacco and commission items are excluded from points earning.

2.4 Redemption: 200 points can be redeemed for $5 off an eligible in-store purchase. Points are rounded down per transaction.

2.5 Points Expiry: Points expire 12 months from the date of last activity on the member’s account (earning or redeeming points).

3. Exclusions

3.1 Points are not earned on fuel (except as specified above), tobacco, commission items, or other excluded products as notified by NightOwl from time to time.
3.2 Benefits and offers cannot be used in conjunction with any other promotion, discount, or offer unless expressly stated.

4. Offers

4.1 NightOwl may offer both network-wide promotions and local store offers.
4.2 Offers are subject to availability, may have conditions such as time-of-day restrictions, and may change without notice.

5. Transition from Previous Program

5.1 On 20 August, existing members will transition to the new program as follows:
– Diamond: 100 points
– Opal: 50 points
– Pearl: 25 points
– Coral: 0 points
5.2 Existing Coffee and FrostBite progress will carry over to the new program.

6. App, Data & Privacy

6.1 The Owl Club app collects personal information including name, contact details, purchase history, and location data (with your consent) to provide personalised offers.
6.2 Members can opt out of marketing communications, including email, SMS, and push notifications, via their account settings.
6.3 NightOwl may share member details with third-party providers solely for the purpose of fulfilling a prize or benefit.
6.4 All personal information is handled in accordance with the NightOwl Privacy Policy.

7. Termination & Suspension

7.1 NightOwl may suspend or terminate your membership if it believes you have breached these Terms, engaged in fraud, abuse, or any conduct detrimental to the program.
7.2 You may cancel your membership at any time via the app or by contacting NightOwl.
7.3  We can change, suspend or terminate the Service (or any part of it) at any time without prior notice.

8. Liability & Consumer Guarantees

8.1 To the extent permitted by law, the program is provided on an ‘as is’ basis without warranties of any kind.
8.2 Nothing in these Terms excludes your rights under the Australian Consumer Law.

9. Governing Law

9.1 These Terms are governed by the laws of Queensland, Australia.
9.2 Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.