PROGRAM TERMS AND CONDITIONS

Definitions

  • “ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;
  • “Business” means Retail Partners, retailers or businesses offering Services via the Program.
  • “Consumer” is as defined by the ACL;
  • “Gift Card” means the Gift Card provided by the Supplier via the website or by mail on request from You.
  • “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
  • “Member” means the You, the member, customer or consumer of the Organisation who has been provided with access to use the Program.
  • “Organisation” means the party that is making available the Program to its Members.
  • “Payment” means all moneys paid for the supply of the Program and Services in Australian Dollars.
  • “Program” means the branded Loyalty, Rewards, Membership and Payment Software Platform delivering Services to You.
  • “Retail Partner” means the Business or retailer offering Services to You.
  • “Services” means the products, discounts and other benefits provided by the Supplier and any participating Business within the Program.
  • “Site” means the Program website made available to You in accordance with these Site Terms.
  • “Site Terms” means these Program Terms and Conditions.
  • “Supplier” means the provider of Services within the Program to You.
  • “You” means the Member.

Site Terms

  • The Site is owned and operated by the Supplier.
  • Through this Site;
    • You can register as a Member;
    • You can subscribe for access to the Program; and
    • You can access the Services, subject to being an eligible Member.
  • These Site Terms apply to the use of the Program and the Site, including the use of the Services offered on this Site.
  • Any party that is registered to use the Program, and uses the Program whether as a Member or an Organisation, hereby agrees to be bound by these Site Terms.
  • If You do not accept these Site Terms, please discontinue using this Site immediately. If You use the Site, You will be deemed to have accepted these Site Terms in their entirety.
  • These Site Terms must be read in conjunction with any other applicable policies, terms and conditions governing the use of this Site as advised from time to time.
  • The Supplier reserves the right to amend these Site Terms at any time.
  • Members’ access and use of this Program is permitted by the Organisation, and the Organisation acknowledges and agrees that it is and remains liable to the Supplier for any misuse of the Program (i.e. use of the Program outside the scope of these Program Terms and Conditions), and liable for any misconduct in using the Program (i.e. using the Program in a manner deemed to be fraudulent or unethical by the Supplier).
  • Supplier may, at its discretion, suspend access to the Program due to any breach of the Site Terms.
  • Supplier may, change or add to this Program, any information or offers including products and services contained herein at any time.
  • While Supplier will use all commercially reasonable efforts to ensure that information on this Program is accurate and up to date. Supplier will not be liable to You and any other third party for any errors displayed within the Program.
  • In the event that the Organisation’s supply of the Program is terminated, the Supplier may continue to provide access to Services to the Member with the exception of any benefits that would have applied exclusively to the Organisation’s branded Program.

Disclaimers and Liabilities

  • You are ultimately liable for any loss, damage, claim, fees, chargeback, demand and expense suffered or incurred by the Supplier as a result of a breach of the Program Terms and Conditions, and for any misuse, misconduct and fraudulent activity by You.
  • Supplier will not be liable for any damage to or any viruses which may affect, your computer on account of your access to this Program.
  • Supplier is not liable if interference with or damage to your computer systems occurs in connection with the use of this Program or linked websites.
  • You may not use this Program to collect or harvest personal information including Internet addresses about Businesses participating in the Program.
  • You may not purchase Services through this Program with the intention of on selling them or for generating profit for yourself, or for any other third party.
  • Supplier will be under no liability whatsoever to You in respect of any loss or damage which may be suffered or incurred due to misuse, misconduct or fraudulent activity, or which may arise directly or indirectly in respect of the Services supplied pursuant to this agreement or in respect of any failure or omission on part of the Supplier.
  • To the extent permitted by law, no warranty condition, description or representation by Supplier is given or implied or has been given or implied, and any statutory or other warranty condition, description or representation is hereby excluded.

Warranties

  • Supplier does not warrant that any information or Service provided or referenced by this Program is either merchantable or accurate, that such information or service will fulfil any of your particular purposes or needs, or that such information or service does not infringe on any third party rights.
  • While Supplier uses commercially reasonable efforts to include accurate and up-to-date information on the Program, Supplier makes no warranties or representations as to its accuracy.
  • Supplier may periodically add, change, remove or improve any of the information, products, Services, Programs and technology described in the Program at the Supplier’s discretion.
  • Supplier assumes no liability or responsibility for any errors or omissions in the content of the Program.

Third Parties

  • Supplier will not be liable for any mistake, failure or negligent action on the part of any Business providing Services in the Program.
  • Members acknowledge and agree that any provision of Services in the Program are at their own risk.
  • Businesses providing Services in the Program reserve the right to change, modify or cancel any offers at their discretion.
  • Supplier will not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of access to, or use of, the Program.
  • Under no circumstances will Supplier be liable for any incidental, special or consequential damages, loss of business, or loss of profits arising in relation to use of the Program, website materials or linked materials.
  • In maintaining and operating this Program, Supplier relies upon information provided by third parties. Supplier cannot provide a guarantee against loss, liability, damage and expense if the Site Terms offered are not met.

Termination and Suspension

  • An agreement commences on the date that Site access is granted to You and shall continue until terminated in accordance with its terms.
  • Supplier may at its discretion, suspend or terminate access to the Program in the case of a breach of any Site Terms, without notice.
  • Organisation acknowledges that any request by You to terminate or cancel the Program subscription and debit arrangement, will be directed to the Supplier, and the debit together with access to the Program shall be terminated within 7 days of such notice by You.
  • To cancel Your subscription at any time, please email us at cancel@loyalty.support

Electronic Listings and Advertisements

  • Supplier does not accept responsibility for the accuracy, error or omission in any Services or advertisements published within the Program, and disclaims all liability to the Organisation or Members for any loss or damage arising from such inaccuracy, error or omission.
  • Each Business providing Services in the Program that lists the Services offered on this Site shall own the copyright of the listing or the advertisement.
  • The linked websites on this Program are provided for convenience only and may not remain current or be maintained. Links to third party websites should not be construed as any endorsement, approval, recommendation, or preference by Supplier, of those third party sites, and of any information, products or services referred to on those sites.

Trade Marks

Other products and company names mentioned in this Program may be the trade marks of other third parties, people or entities. Nothing in these Site Terms transfers any right title or interest in any trade marks to You.

Personal Information

  • When transacting with You, Supplier may ask You for Your name, email, mobile number, membership information, and any other relevant information required to accurately identify You.
  • Supplier will handle
all personal information provided by You in accordance with Supplier’s Privacy Policy.
  • All parties are bound to comply with all relevant company and consumer privacy laws and regulations, including the National Privacy Principles and Information Privacy Principles made under the Privacy Act 1988 (Commonwealth).

Delivery

Supplier cannot take responsibility for any Services, Gift Cards, Vouchers or Tickets that are misplaced, lost or stolen when being sent through Australia Post. On ordering, we offer all Members the option of Registered Post at a fee displayed during the time of checkout, which guarantees that Australia Post will be held liable for all Services that are misplaced or lost when sent via this method.

For products purchased throughout the eStore please note that that standard delivery is 5 – 15 business days, subject to stock levels. Parcels will require a signature upon delivery. Deliveries cannot be made to a PO Box. Deliveries may not be made to gated communities. If you see that your item has been damaged in transit, or upon arrival please refuse delivery so that items may be returned to us immediately. If your item is faulty please contact us directly for assistance. Please chose your purchases with care as we are unable to accept returns due to change of mind. Items can only be returned in circumstances where an item is damaged or faulty. If a return is required, please ensure you notify us within 14 days of receipt of your item. When you choose to pay by Direct Deposit, your items will be shipped once payment has been cleared, which can take up to 3 business days. We recommend that payment be made as soon as possible to avoid any delays in shipping. If payment is not received within 14 days, your order will be cancelled. Please remember to use your order number as your payment reference.

Governance

This Program shall be governed by and construed in accordance with the laws of the State of Victoria, and the parties irrevocably submit to the jurisdiction of any Court of that State.

Payments, Refunds & Chargebacks

  • You agree to pay for Services within the Program in Australian Dollars.
  • Payment can be made by credit/debit card and Direct Deposit, or other payment options made available to You by Supplier. Once payment has been cleared, we will distribute the Services you have purchased. You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and the Supplier. If the issuer of your credit card refuses to authorise payment for products within our Program, we will not be liable for any delay or non-delivery of Services.
  • Expiration of any Services including but not limited to gift cards and vouchers may vary depending on the requirements of the participating Business and Service providers.
  • All digital or physical vouchers sold via this Program are restricted by the terms and conditions of each individual Business, and should be found in the terms & conditions of the individual Business. All digital gift cards and vouchers are non-refundable, as they are to be treated as cash. Gift cards and vouchers are valid until the expiry date indicated and cannot be exchanged or replaced. Vouchers are sold for the personal use of Members only. Vouchers or gift cards are not to be re-sold and cannot be re-distributed.
  • Supplier will only process card transactions that have been authorized by the applicable card issuer, and does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Supplier may add or remove one or more payment methods at any time.
  • If a chargeback occurs, we will use commercially reasonable efforts to assist You to resolve the dispute, however once the chargeback is raised, You will be liable for the chargeback amount in addition to a chargeback fee of $35.00.

Contact

For any notice to be given in writing, or to get in touch with us, please email contact@loyalty.support