[program_name] is a rewards program that drives local commerce between local merchants and local consumers.
These Terms govern the [program_name] program and contain important information, including disclaimers and limitations of liability.
1. Application of these Terms
a. You agree to be bound by these Terms by checking the "I have read and understood the terms and conditions" box when registering for participation in the Program on the [program_name] Website. If you do not accept these Terms, you will not be entitled to use the Program.
b. You agree that you have the necessary capacity to enter into a binding legal contract.
c. [program_name] may from time to time review and update these Terms. Your use of the Program will be governed by the most recent Terms posted at the [program_name] Website. By continuing to use the Program, you agree to be bound by the most recent Terms. It is your responsibility to check the [program_name] Website regularly for updated versions of the Terms. The [program_name] program will provide you with at least 14 days' prior notice of any material changes to the Terms. Notice of any material change to the Terms will be decided by the [program_name] program to either be published on the [program_name] Website or sent to the email address registered with the Program.
d. The use and operation of your Visa Card or Mastercard will also be subject to separate terms and conditions provided to you by your Card Issuer.
e. You agree that you have not relied on any matter that is not expressly stated in these Terms.
2. The Program
The Program allows you to earn Cashback when using your Visa Card or Mastercard with participating Merchants.
3. Registering for the Program
a. In order to register for the Program and remain registered for the Program, you must:
i. be an approved member of a [program_name] program;
ii. provide the mandatory User Information required by [program_name] program;
iii. register a valid Visa Card or Mastercard to your [program_name] Account;
be an authorised holder and user of the Visa Card or Mastercard; and
iv. fully and validly complete the registration process.
b. You can register all of your Visa Card and Mastercard cards in the Program providing they are all in your name and issued by an Australian financial institution.
c. You must maintain and promptly update the User Information to keep it true, accurate, current and complete. It must include a current email address.
d. Your [program_name] Account will be active upon registration and verification in accordance with these terms.
e. You represent and warrant that:
i. you are the individual identified in the registration and verification process;
ii. you are an authorised user of the Visa Card or Mastercard; and
iii. the User Information that you have provided to the [program_name] program is true and correct.
f. If you provide any User Information that the [program_name] program believes to be untrue, inaccurate, not current or incomplete, [program_name] may suspend or terminate your Account and remove your access to the Program.
g. If you provide any incorrect information or details (whether fraudulently or by mistake), you may not be entitled to earn Rewards.
h. When using the Program, you are responsible for maintaining the confidentiality of your User Information, and for restricting access by third parties to your [program_name] program Account. You are liable if your User Information is used by an unauthorised person or for an unauthorised purpose. You are fully responsible for all activities that are conducted under your Account.
i. If you believe that any of your User Information has been compromised, lost or misplaced, you must contact [program_name] immediately.
j. [program_name] reserves the right to refuse membership at its absolute discretion.
4. Special conditions of use
a. In order to be eligible for cashback, you must:
i. make a purchase with a Participating Merchant;
ii. use a Visa Card or Mastercard that is registered to a [program_name] program Account; and
iii. if you make a purchase using electronic funds transfer at a physical terminal over the counter point of sale, ensure that your purchase is made using the "credit" function ("CR") for payment at the time of purchase whether or not your Visa Card or Mastercard is a credit card, debit card, or prepaid- reloadable card
b. You agree that cashback can only be applied to your [program_name] program Account registered to your Visa Card or Mastercard. If a different credit, debit or prepaid-reloadable card is used which is not registered to the [program_name] program Account, no cashback will be earned.
c. You must retain a copy of both the tax receipt and point-of-sale credit card receipt for each eligible transaction to which these Terms apply, as these receipts may be needed as evidence in the event of a dispute or to verify qualifying purchases.
d. By registering a payment card in connection with transaction monitoring, you authorize the [program_name] program or its agents to share your payment card information with either Visa Card or Mastercard (depending upon the registered card). You authorise Visa or Mastercard (depending upon the registered card) to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa or Mastercard to share such transaction details with [program_name] to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by selecting the "opt out" link in "My details" within your Rewards Account or by contacting the program provider.
e. You agree your membership is not transferable, and remains the property of the [program_name] program.
5. Participating Merchants
a. You may only receive a Cashback Reward when using the Program with Participating Merchants.
b. Participating Merchants are subject to change. A full list of the current Participating Merchants can be found at the [program_name] Website. It is your responsibility to check the [program_name] Website regularly to ensure that you are aware of the latest Participating Merchants and Cashback Reward offerings.
c. All transactions using your Visa Card or Mastercard are with the Participating Merchant and not with [program_name]. [program_name] does not have any responsibility or obligation for the transaction with the Participating Merchant. [program_name] does not endorse or warrant any goods or services of Participating Merchants.
6. Fees and charges
a. There may be merchant fees and/or delivery fees for some goods/services which will be clearly displayed for the member to agree before the completion of that purchase. These fees if applicable vary depending on the particular merchant, good/service and payment method chosen.
b. Fees and charges are subject to change without notice, however will always be clearly displayed for the member to agree before the completion of that purchase.
7. Cashback Reward
a. What is a Cashback Reward?
The Cashback Reward is not property and may not be transferred, sold, held on trust, bequeathed or inherited.
b. Receiving a Cashback Reward
i. The Cashback Reward is calculated on the amount of Australian dollars charged to your Visa Card or Mastercard, less any amounts referred to in clause 6b. The Cashback Reward is only calculated based on the any limitations as promoted in each offer.
ii. You acknowledge that the Cashback Reward to which you are entitled may vary where you have entered into an agreement with third parties in relation to the Program.
iii. The Cashback to which you are entitled in any given transaction may depend on factors such as:
1. minimum spend;
2. maximum spend;
3. time of purchase;
4. number of purchases; and/or
5. a number of other targeted selection criteria.
iv. The Cashback Reward will not be earned in respect of the following amounts that may be charged to your Visa Card or Mastercard:
1. interest and other bank fees and charges including without limitation foreign exchange conversion fees and reversals (and any GST payable on any of these);
2. excluded transactions;
3. balance transfers; and
4. payments in which you do not use the "credit" (CR) facility, including payments made through the Bpay® Electronic Payments Scheme.
v. Subject to clauses 7a and 7b, you will receive the Cashback Reward to which you are entitled within 7-30 working days of the date on which the relevant transaction is settled by your Card Issuer and the Participating Merchant.
vi. You acknowledge that it is the responsibility of your Card Issuer and the Participating Merchant to settle transactions.
vii. You may not receive a Cashback Reward if:
1. your Visa Card or Mastercard is cancelled for any reason;
2. your Visa Card or Mastercard has been lost or stolen (until the registered lost or stolen card has been removed from your [program_name] program Account and has been replaced and you update your [program_name] program Account details in accordance with clause 7b;
3. your Visa Card or Mastercard has an expiry notification and you have not renewed your Visa or Mastercard (until you renew your Visa or Mastercard and update your [program_name] Account details; or
4. [program_name] reasonably suspects that you have breached these Terms or the terms and conditions associated with your Visa Card or Mastercard in any way.
5. In order to continue using the Program, you must ensure that your [program_name] Program Account details reflect your current Visa and Mastercard number and expiry date. Replacement Visa and Mastercards must be re-registered to your existing [program_name] Program Account. In the event that the circumstances referred to clauses 7bvii occur and you obtain a new Visa Card or Mastercard, you must update your Visa or Mastercard number in your [program_name] Account (following the procedure on the [program_name] Website).
viii. Any changes to your [program_name] Program Account (including to your User Information and Visa Card or Mastercard number) will be updated by [program_name] within 5 days.
c. Monitoring your [program_name] Program Account and using Cashback Rewards
Your Cashback Reward balance will be visible when you have logged into your [program_name] Program Account through the Rewards Website or any desktop or mobile application made available by [program_name] or authorised third parties.
d. Refunds or returns and disputed transactions
i. Refunds or returns of goods or services purchased by you will trigger a reversal of the relevant Cashback Reward associated with that transaction.
ii. Where a refund or return of goods or services occurs after a Cashback Reward has been claimed as a Cash Settlement, the Cash Settlement amount will become a debt due and payable from you to [program_name] Program immediately (Debt). A reversal of the relevant Cashback Reward associated with that transaction will occur, your Rewards Account will be debited by the relevant reversed Cashback Reward, and the debit will be offset against other Cashback Rewards in your Rewards Account including Cashback Rewards you may earn in the future. Rewards may also recover the balance of the Debt from you directly and immediately upon request.
iii. If your Visa Card or Mastercard is credited in connection with a disputed transaction, the [program_name] Program will adjust your Cashback Reward total by deducting any Cashback Reward that was earned in connection with the disputed (or subsequently reversed) transaction within 60 days (or longer depending on the terms of any agreement between you and third parties in relation to your Visa Card or Mastercard).
iv. If you fail to comply with clause 6.b(ii):
1. [program_name] Program may suspend your account immediately;
2. [program_name] Program may liaise with your Card Issuer and other relevant third parties in order to recover the Debt; and
3. [program_name] Program may take any other necessary action in order to recover the Debt.
e. Transferring Cashback Rewards
i. Cashback Rewards cannot be transferred between different [program_name] Program Accounts.
ii. Cash Settlements cannot be settled to an account other than the Visa Card or Mastercard Account.
iii. Replacement Visa Cards and Mastercards must be re-registered to your existing [program_name] Program Account in accordance with clause 7b(viii). Please log on to your [program_name] Program Account to register a replacement Visa Card or Mastercard.
8. Termination or expiry of the Program
a. [program_name] may suspend your [program_name] Program Account and your participation in the Program and/or terminate these Terms and your Account by giving you notice with immediate effect that you have breached these Terms.
b. You may terminate your [program_name] Program Account for any reason by selecting the "opt out" link in "My details" within your [program_name] Program Account or by Contacting us.
c. If [program_name] terminates these Terms and your [program_name] Program Account in accordance with clause 8(a) or 8(b), all of your Cashback Rewards will vest in the [program_name] Program.
d. [program_name] may terminate your [program_name] Program Account and/or the Program for any reason at any time by giving you 7 days' prior notice via the [program_name] Website. Any Cashback Reward within your [program_name] Program Account will be transferred as a Cash Settlement to your Visa Card or Mastercard Account, or to your [program_name] Program Account whichever is the accepted normal process.
9. Registration in Multiple Rewards Programs
In the event that you have registered a valid Visa Card or Mastercard to more than one [program_name] program and you make a purchase with a Participating Merchant that is also registered to more than one [program_name] Programs, a Cashback Reward will be paid for only one [program_name] Program.
The [program_name] Program for which you will receive the Cashback Reward from will be determined on the following basis:
1) The [program_name] Program that provides the highest Cashback Reward; and
2) If the [program_name] Program’s provide the same Cashback Reward value, then either may be chosen at the discretion of [program_name].
10. Privacy
Any personal information, including your User Information, submitted by you to [program_name] is subject to and will be handled in accordance with [program_name] Privacy Policy. The Privacy Policy forms part of these Terms. You agree that, by accepting these Terms, using the Program or communicating with [program_name] you have read the Program Operator's Privacy Policy, understood its contents and consented to its requirements..
11. Intellectual property
All intellectual property rights (including copyright, trademarks and patents) in the Program, or any promotion of the Program by [program_name] and all components of them are owned by, or licensed by, [program_name] Program unless otherwise indicated. You must not copy, modify or transmit any such content except as permitted in these Terms or expressly agreed in writing by [program_name] Program.
12. Disclaimer of warranties and limitation of liability
a. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (“ACL”) or any other applicable law that cannot be excluded, restricted or modified by agreement.
b. Subject to clause 12a and to the extent permitted by law, [program_name] Program excludes all warranties, whether express or implied, including any warranties or representations:
i. that the Program will be rendered with due care and skill;
ii. concerning the availability of the Program; and
iii. concerning the quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Program
c. Subject to clause 12a and to the extent permitted by law, the maximum liability of the [program_name] Program and its employees, agents or contractors for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Program, and any services advertised or accessible using the Program will be limited to the value of any valid unredeemed Cashback Reward in your [program_name] Program Account (as determined by [program_name]) in relation to the transaction in which the claim arises. You must make any such claim within 3 months of the date of the transaction and waive your rights to make such claims thereafter.
d. [program_name]’ services come with guarantees that cannot be excluded under the ACL. You are entitled to have the services supplied again, or the payment of the cost of having the services supplied again, if the services were not rendered with due care and skill or if the services (or the products resulting from the services) were not fit for the particular purpose outlined in these Terms.
e. For the purpose of clause 12(d), you acknowledge and agree that the services supplied by the [program_name] Program are limited to the Program, and that the particular purpose of [program_name] Program services is limited to the purpose outlined in these Terms.
f. To the extent permitted by law, the [program_name] Program and its employees, agents or contractors will not be liable for any loss, damage, claim, cost or expense whatsoever arising out of the goods and services that are the subject of any qualifying purchase under these Terms.
g. For all other claims of liability, and to the extent permitted by law, the maximum liability of the [program_name] Program and its employees, agents or contractors will be AU$ in the aggregate of all claims.
h. Subject to clause 12(a) and to the extent permitted by law, [program_name] Program will not be liable for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Program, and services advertised or accessible using the Program, to the extent that such loss, damage, claim, cost or expense was caused by:
i. you (for example, through your negligence or breach of contract);
ii. your failure to reasonably mitigate your loss; or
iii. events outside of [program_name] Program control
i. Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law (ACL).
13. Indemnity
You indemnify [program_name] Program in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
a. any breach of these Terms by you;
b. your use of Program (including registration);
c. any use of your [program_name] Program Account, including by third parties; and
d. any claims that may be brought against [program_name] Program or which [program_name] Program must pay, sustain or incur as a direct or indirect result of the use by [program_name] Program of your User Information.
14. Force majeure
[program_name] Program will not be liable to you for any delay or failure to perform its obligations under these Terms as a result of a cause beyond its reasonable control, including acts of God.
15. Interpretation
ACL means the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Cashback Reward means the value of cash-back rewards that are registered to your Rewards Account, based on qualifying transactions using your Visa or Mastercard with Participating Merchants.
Cash Settlement means the Australian dollar amount of any Cashback Reward that is deposited into your Visa or Mastercard Account or Client Account in accordance with these Terms.
Excluded Transactions means any transaction where you:
i. draw cash from the Visa Card or Mastercard Account linked to the Visa Card or Mastercard using an automatic teller machine, at a financial institution or from a Participating Merchant;
ii. receive from a Participating Merchant a cash substitute (including, but not limited to, using your Visa Card or Mastercard to purchase gambling chips or tokens, travellers' cheques or money orders, gift certificates or to load value to a stored value card or facility);
iii. use the Visa Card or Mastercard Account to pay bills through a third party (such as Bpay®) where the Participating Merchant whose
