The Mii Cash Rewards Program Terms & Conditions

1. Definitions

a. The Mii Cash Rewards program means the rewards program under which a Mii Cash Rewards member earns cashback on Qualifying Transactions and qualifies for cashback under these Terms and Conditions.

b. Cashback means the reward credit which is earned from qualifying transactions and can be used under these Terms and Conditions.

c. Participant means those companies (and other persons) who have agreed with us to provide cashback to Mii Cash Rewards members under the Mii Cash Rewards program.  

d. Qualifying Transaction means a transaction with a Participant for goods or services on which the Participant issues cashback.

e. Related Bodies Corporate has the same meaning as in the Corporations Act 2001.

f. Terms and Conditions means this document, and any other documents referred to in it

2. Membership of Mii Cash Rewards

a. To be a member of the Mii Cash Rewards program, you must be a member of the Mii Cash Rewards

b. We reserve the right to refuse membership at our discretion.  

3. Your obligations

a. Using your Mii Cash Rewards membership during a transaction in accordance with 1.1 (a) above constitutes acceptance of these Terms and Conditions.

b. It is your responsibility to inform us if your personal details change (including, but not limited to, your address, email address or phone number). If Mii Cash Rewards does not have your correct details, Mii Cash Rewards may not be able to contact you about your account or send you offers. Mii Cash Rewards may also restrict operations on your account (such as redemption).

c. The Mii Cash Rewards membership is not transferable, and remains the property of Mii Cash Rewards

d. You may terminate your participation in Mii Cash Rewards at any time and for any reason by contacting us via the Contact Us section of the Mii Cash Rewards website

4. General

a. Mii Cash Rewards may make any change to its Terms and Conditions, including, without limitation:

i) the range of participating retailers and qualifying transactions;

ii)  the range of cashback offered;

iii) the period for expiry of cashback

iv) the fees applicable to any and all elements of the Mii Cash Rewards program

b.  Mii Cash Rewards will give you notice of any change to the Terms and Conditions or as set out in 5.1, at our sole discretion:

i) via the Mii Cash Rewards website; and/or

ii) by direct communications sent to members.

c.  In addition to the right to terminate in 3.6, Mii Cash Rewards may terminate your Mii Cash Rewards membership immediately and without notice where you:

i) fail to comply with these Terms and Conditions;

ii) provide misleading information or make any misrepresentation to us or to any participating retailers in connection with Mii Cash Rewards

iii) are abusive or offensive to any of our or our participating retailers

d. Where your Mii Cash Rewards membership or your Mii Cash Rewards membership is terminated, you will cease to be entitled to earn and redeem any cashback.

e. Respecting your personal information is very important to us. The Mii Cash Rewards Privacy Statement forms part of these Terms and Conditions. The Mii Cash Rewards Privacy Statement sets out what personal information Mii Cash Rewards collect, how Mii Cash Rewards use it, to whom Mii Cash Rewards may disclose it and what your privacy choices are. Our Privacy Statement is available on the Mii Cash Rewards website.

f. Mii Cash Rewards will not be liable to members for the termination of the Mii Cash Rewards program including (without limitation) for any cashback in your account at the time of termination.

g. Any liability Mii Cash Rewards may have to you in negligence, breach of contract or otherwise, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any goods or services supplied by Mii Cash Rewards whether express or implied by statute, are excluded to the extent permitted by law, and, where liability cannot be excluded, our liability to you will in all cases be limited to:

i) the cost of re-supplying the goods or services or repairing, or paying the costs of repairing, the goods;

ii) reinstating cashback in dispute; or,

iii) where the dispute relates to a reward, the value required to redeem the reward.

h. Any tax, liability, or duty incurred by a member arising from a member's participation in the Mii Cash Rewards program is the responsibility of the member.

i.  Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.

5. Terms and conditions for specific types of Mii Cash Rewards

a. The terms and conditions for each Mii Cash Rewards reward are provided in the communication surrounding the provision of that reward

b. These conditions are subject to the General Terms & Conditions in clause 4

c. The Mii Cash Rewards membership is active as soon as the member activates the program or is advised on their joining. If the membership has been cancelled or has expired then there is no entitlement to cashback

6. Expired, cancelled or inactive memberships

a. The expiry date, if any, will be advised to the member. Once that date is reached, the membership is no longer active, and all cashback balances will be voided

b. If a Mii Cash Rewards membership is cancelled either by Mii Cash Rewards or by the member, then all cashback balances will be voided

c. If there is no cashback earned by a member for a consecutive period of 12 months, then their membership can be cancelled, and any cashback balance will be voided.

7. Fees and charges

a. There is no joining fee

b. There may be an admin fee for the delivery of gift cards which is included in the purchase price. This fee varies depending on the payment method chosen

d.  A processing fee may apply for the redemption of the cashback balance.

e. Fees and charges are subject to change without notice as per the General Conditions in clause 4

8. Use of cashback

a. Cashback is earned as outlined in the Definitions

b. Cashback is available for use by the members provided their membership is active at the time of use. Expired, cancelled or inactive memberships are defined in clause 6

c. Cashback can only be redeemed by the member as outlined in the Mii Cash Rewards website

Definitions used in these Terms and Conditions:

Affiliate means the business which has entered into an agreement with CLIQIT to provide CLIQIT Rewards via the Rewards Platform.

CLIQIT or RACV means Royal Automobile Club of Victoria (RACV) Limited (ABN 44 004 060 833).

CLIQIT Rewards means CLIQIT’s benefits and rewards program for Users that is delivered through the Rewards Platform.

Product means the offer, benefit or reward accessed or purchased by a User via the Rewards Platform.

Rewards Platform means the website and any application or payment platform that is associated with the Rewards Platform or provides access to CLIQIT Rewards (but does not include the websites and applications owned or operated by Third-Party Providers).

Technology Provider means any company which RACV engages to provide technology services associated with the Rewards Platform. This could include platform management services or user relationship management services.

Third-Party Provider means the company or person (other than Cliqit) who provides you with the Product on terms and conditions agreed between you and the Third-Party Provider.

User or you means an eligible user of the Rewards Platform.

We, us, CLIQIT means RACV, trading as CLIQIT, being the business which has entered into this agreement with you to provide CLIQIT Rewards via the Rewards Platform.

What CLIQIT Rewards Provides

CLIQIT Rewards is a benefits and rewards program for CLIQIT Affiliate and their Users. It provides you with access to the Rewards Platform, which can be used to obtain various Products.

Your use of CLIQIT Rewards is governed by these terms and conditions and any additional terms and conditions posted on the Rewards Platform from time to time ('Terms'). By continuing to use CLIQIT Rewards you indicate your consent and agreement to these Terms.

Access and Account

User access to CLIQIT Rewards and the Rewards Platform is managed by RACV trading as CLIQIT. Access to the Rewards Platform is granted to you by CLIQIT and CLIQIT retains the right to allocate, refuse or revoke access to users for any reason (acting reasonably), including for:

· a breach of these Terms;

· misuse of the Rewards Platform;

· a Breach of RACV’s or a Third-Party Provider’s terms and conditions relating to Products; or

· suspected fraudulent activity.

It is a misuse of the Rewards Platform to share or distribute the Products with non-users or other third parties.

The Rewards Platform allows you to set up an account so you can access your information and undertake certain transactions.

You can set up an account by completing the registration process on the Reward Platform and providing details, such as a username and password, that you will need to use to log into your account.

You must keep your login details confidential. You must not provide your login details to any other person and you must not allow any other person to use your login details.

Products

You may access Products in different ways, based on the relevant Third-Party Provider’s requirements. This may involve clicking on a website link, utilising a promotional code, completing a registration process, or other processes as specified by CLIQIT Rewards and the Third-Party Provider.

You must follow the specified process by the relevant Reward Partner to successfully access your selected Products.

Where applicable, expiry dates will be published relating to Products on the Rewards Platform. Rewards cannot be redeemed once the expiry date has passed.

Where a reward is accepted but is unavailable for any reason, CLIQIT and its Third-Party Providers, reserve the right to offer a refund or substitute all or part of any such item with another offer of equal or greater value. All Products are subject to availability (e.g., stock availability) which may not be within the control of CLIQIT Rewards.

Individual Products may be subject to separate terms and conditions referred to on the promotional webpages for the reward (such as the Rewards Platform or other specified webpage). Eligibility for these other Products is subject to those additional terms and conditions.

If there is any inconsistency between these Terms and any of those additional terms and conditions, then those terms must be read in the following (descending) order of precedence:

· specific terms for the redemption and supply of an offer or reward;

· specific terms for a CLIQIT promotion;

· these Terms;

· any Third-Party Provider Terms;

· the RACV Privacy Charter; and

· any additional Technology Provider terms.

It is your responsibility to read and accept the Product terms and conditions before redeeming a particular reward.

All Products are for your personal use only and are not transferable in any circumstances.

The supply of merchandise, services, eGift Cards and eVouchers as a Product will also be subject to the terms of the relevant Third-Party Provider, which may include terms in respect of the following (as applicable):

· product or service warranties;

· delivery times;

· delivery costs (if any);

· taxes or duties payable such as GST (if any); and

· any additional out-of-pocket expenses or surcharges associated with the reward, and by redeeming the relevant reward, you acknowledge that you agree with those terms.

Manufacturer’s terms and warranties may also apply to the relevant Products.

Where the delivery of a reward or benefit involves the physical delivery of merchandise, you must ensure that you enter the correct delivery details at the point of purchase or redemption. CLIQIT and its Third-Party Providers will not be responsible or liable for products, and will not replace products, that are sent to incorrectly submitted delivery addresses. Delivery will be made by ordinary post (unless otherwise specified on the Rewards Platform and the delivery address must be in Australia.

To the extent permitted by law, CLIQIT will not be liable for any failure caused by Third-Party Providers to provide or supply the relevant Product.

Pricing and Payment

All product prices are in Australian Dollars, inclusive of GST (where applicable). The price of purchasable rewards and benefits is set by the Third-Party Provider, and the discount is set (where relevant) by CLIQIT.

Payment for Products may be taken by the relevant Third-Party Provider and will be subject to the terms and conditions of purchase of the respective Third-Party Provider.

Benefits and rewards that require payment to a Third-Party Provider will only be processed upon payment in full to the Third-Party Provider (or their agent) including any applicable GST. For any issues with orders placed via the Reward Platform, including cancellations, refund requests, delayed or missing orders or damaged goods, you must contact the Third-Party Provider to resolve those issues.

If a Third-Party Provider fails to resolve an issue, you may escalate their complaint to our Support team by calling 1300 775 240 or sending us an email at info@rewards.cliqit.com.au.

We may seek resolution of the issue on your behalf, however, to the extend permitted by law we do not accept liability for any loss or damage. Nothing in this clause affects any rights a User may have which by law cannot be excluded, including under the Australian Consumer Law and any other Federal State or Territory consumer protection legislation.

Refunds

Refunds are subject to the terms and conditions that you agreed with the relevant Third-Party Provider prior to completing your purchase or booking.

Refunds on transactions within the Rewards Platform are also subject to approval CLIQIT.

Third Party Providers may have different or additional conditions. Please check the specific terms and conditions for your Product.

Cancellations and Amendments

If you wish to amend your Product, the Third-Party Provider may charge an amendment fee which will be advised at time of change. If you cancel your Product altogether, you may incur a cancellation fee. The amount of this charge will vary depending on when the cancellation is made and the terms and conditions of the Product you are cancelling.

Third-Party Providers may also charge cancellation and amendment fees as outlined in their relevant terms and conditions.

Third Party Providers may vary as to their different or additional conditions. Please check the specific terms and conditions for your Product.

Account Credits for Unavoidable or Extraordinary Circumstances

In the event of unavoidable or extraordinary circumstances, a Third-Party Provider may materially modify or cancel your Product as set out below.

In these Terms of Use, “unavoidable or extraordinary circumstances” means any cause outside a Third-Party Provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the Third-Party Provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).

A material modification is one that has a serious impact on your Product and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).

If your Product is cancelled due to unavoidable or extraordinary circumstances, the Third-Party Provider will offer you a credit in respect of your Product (subject its terms and conditions of Booking) but not a refund.

Eligibility to use products or services

It is your responsibility to ensure you meet any legal and Product related requirements to purchase, consume or utilise Products.

This clause is relevant (but not exclusive) to the sale of alcohol as well as age and physical requirements for experiences.

Your obligations and warranties

You warrant to us that:

· You are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third-Party Providers of the Products that you acquire.

· You have read these Terms and if booking for third parties, warrant that you have the authority to do so and have provided a copy of these Terms to them. You agree to indemnify us and the Third-Party Provider against any claims from third parties who have not in fact been properly informed.

· The information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process.

· You have read the terms and conditions of any applicable Third-Party Provider and agree to be bound by those.

· You are responsible for checking the accuracy of all documents provided to you.

· If relevant, you accept that Passport/Visa and other required identification documents are your responsibility.

· You understand and agree that due to Covid-19, there may be restrictions in place in relation to the Product you have purchased, for example, some amenities may not be available and/or social distancing rules may apply during your stay. You acknowledge that it is your responsibility to check with the Third-Party Provider directly for their latest information.

You assume any risk involved with participation in the CLIQIT Rewards Program.

Warranty disclaimer and limitation of liability

a. CLIQIT and the Third-Party Providers provide the information for CLIQIT Rewards. To the extent permitted by law, CLIQIT Rewards and its content and related services are provided on an "as is and as available" basis with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that Life Rewards Platform will be available to users at all times.

You assume responsibility and risk for your participation in CLIQIT Rewards, related services, and hyperlinked websites. To the extent permitted by law, no oral or written information or advice given by CLIQIT, its agents, or its authorised representatives shall create a warranty or in any way increase the scope of this warranty.

CLIQIT is not liable to any other party for consequential, incidental, or indirect loss or damage, including loss of profit (whether consequential, incidental or indirect) resulting from a breach of these Terms by CLIQIT or the negligence of CLIQIT or its representatives.

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities, and other terms implied or conferred by statute, custom or general law that impose any liability of obligation on CLIQIT are excluded under these Terms.

b. T&C's: Nothing in these Terms excludes any liability implied or imposed by any laws (including the Australian Consumer Law) that cannot be lawfully excluded or limited.

Where CLIQIT can limit its liability under the Australian Consumer Law, CLIQIT limits such liability to the following (at CLIQIT’s option):

· in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or

· in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

c. Content: CLIQIT has made reasonable attempts to ensure the accuracy of information provided in communications and on the Rewards Platform. We cannot guarantee the accuracy of this information, due to the provision of Third-Party Provider content and potential for human error.

If an error is noticed, please inform us by calling 1300 775 240 or sending us an email at info@rewards.cliqit.com.au and we will make reasonable attempts to rectify the issue.

Third parties

a. Third party provider Liability and Data sharing: We are not liable to you for any breach of obligations by the Third Party Provider in providing you with a Product.

The Third Party Provider is liable to you for a breach of obligations in providing you with the Product.

Third-Party Providers may have different or additional conditions. Please check the Product-specific terms and conditions for your Product.

b. Technology Providers: CLIQIT Rewards reserves the right to share data securely with relevant Technology Providers for the purpose of providing the Rewards Platform and Rewards Program.

Privacy

Use of any personal information that you provide to us is governed by our Privacy Charter and any privacy collection notice we make available to you at time we collect your personal information. You agree that we may handle your personal information as described in the privacy collection notice, including to communicate with you about your use of CLIQIT Rewards. You agree that any contact details provided by you can be used for these communications, including to contact you by post, phone, email and SMS.

Commissions and Financial Arrangements

By participating in CLIQIT Rewards, you acknowledge that CLIQIT has entered into commercial arrangements with Third-Party Providers, under which CLIQIT may pay commissions to Third-Party Providers, and may receive commissions from Third-Party Providers, in connection with CLIQIT Rewards.

CLIQIT may also receive remuneration through financial incentives and other means from booking or selling products and services on your or CLIQIT’s behalf with Third-Party Providers and other third-party travel service providers.

Governing Law

These Terms are governed by the laws of the State of Victoria and you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria to determine any dispute arising out of or in connection with these terms and conditions.

Tax

Any Tax, liability or duty incurred by the user from participation in this program is the sole responsibility of that user or customer.

Severability

If any section or clause of this agreement is not enforceable or binding, only that section becomes voided, all other sections remain enforceable.

Revisions to the Terms, CLIQIT and the Rewards Platform

CLIQIT, acting reasonably, reserves the right to increase, improve, remove, amend and revoke any benefit or offering, offered through the Rewards Platform, including the benefit or discount amount, Products which are applicable for benefit, and features which are offered by the Rewards Platform.

CLIQIT will use reasonable endeavours to indicate any changes to these Terms. We encourage you to periodically re-read these Terms to see if there have been any changes to our policies that may affect you.

These Terms may change from time to time at the discretion of CLIQIT (acting reasonably), including with respect to:

· the offers and rewards available;

· the expiry of rewards;

· the suspension or termination of your account; and

· the applications and/or devices that can be used to access and interact with CLIQIT Rewards (or parts of the program).

CLIQIT, acting reasonably, reserves the right to change the Terms at any time by providing notice on the Rewards Platform. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the Rewards Platform after changes are notified, you are deemed to have accepted all changes. Otherwise, at all times, the current version of these Terms and the CLIQIT Privacy Policy can be accessed and viewed on the Rewards Platform.

CLIQIT, acting reasonably, may suspend or terminate CLIQIT Rewards at any time for any reason. CLIQIT will seek to provide at least one months' notice to Users in the event that it terminates CLIQIT Rewards.

CLIQIT provides no warranty regarding the ongoing availability of CLIQIT Rewards. CLIQIT reserves the right to change, suspend or terminate these Terms and CLIQIT Rewards.

Card Link Automatic Rewards Tersm & Conditions

[program_name] (Program) is a rewards program that drives commerce between [program_name]and its members.

Rewards as cashback are only available when made using a registered Visa, eftpos or Mastercard at participating merchants. Please visit the Program for the current list of participating merchants.

Rewards as cashback payments are made weekly.

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 website or sent to the email address registered with the Program.

d. The use and operation of your Visa, eftpos 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 a Discount / Reward / Delayed Benefit when using your Visa, eftpos 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, eftpos or Mastercard to your [program_name] Account;

iv. be an authorised holder and user of the Visa, eftpos or Mastercard; and

v. fully and validly complete the registration process.

b. You can register up to four Visa, eftpos 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, eftpos 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 a Cashback Reward, you must:

i. make a purchase with a Participating Merchant;

ii. use a Visa, eftpos 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, eftpos or Mastercard is a credit card, debit card, or prepaid- reloadable card.

b. You agree that the Cashback Reward can only be applied to your [program_name] program Account registered to your Visa, eftpos 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 authorise the [program_name] program or its agents to share your payment card information with either Visa, eftpos or Mastercard (depending upon the registered card). You authorise Visa, eftpos 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, eftpos 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, eftpos 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, eftpos 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, eftpos 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, eftpos or Mastercard is cancelled for any reason;

2. your Visa, eftpos 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, eftpos or Mastercard has an expiry notification and you have not renewed your Visa, eftpos or Mastercard (until you renew your Visa, eftpos 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, eftpos 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 card number. Replacement cards 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 card, you must update your card number in your [program_name] Account (on the ‘Manage Cards’ page on the [program_name] website).

viii. Any changes to your [program_name] Program Account (including to your User Information and card 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, eftpos 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 6b(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 nominated account.

iii. Replacement Visa, eftpos 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, eftpos 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 Account" 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. Any Cashback Reward within your [program_name] Program Account will be transferred as a Cash Settlement to your nominated 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, eftpos 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. The [program_name] Privacy Policy is available at the [program_name] website

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.

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, eftpos or Mastercard with Participating Merchants.

Cash Settlement means the Australian dollar amount of any Cashback Reward that is deposited into your nominated bank Account or Client Account in accordance with these Terms.

Eftpos Card means the authorised eftpos prepaid-reloadable, debit or credit card (excluding prepaid eftpos gift cards) with a unique eftpos card number registered to your [program_name] Program Account, which has been issued by an Australian Card Issuer.

Eftpos Card Account means the eftpos account linked to your eftpos Card by your Card Issuer.

Excluded Transactions means any transaction where you:

·     draw cash from the Account linked to the Visa, eftpos or Mastercard using an automatic teller machine, at a financial institution or from a Participating Merchant;

·     receive from a Participating Merchant a cash substitute (including, but not limited to, using your Visa, eftpos 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);

·     use the Visa, eftpos or Mastercard Account to pay bills through a third party (such as Bpay®) where the Participating Merchant whose bill is being paid is not paid by Visa, eftpos or Mastercard; or

·     use the Visa, eftpos or Mastercard account to pay bills over the counter at a financial institution.

Mastercard means the authorised Mastercard prepaid-reloadable, debit or credit card (excluding prepaid Mastercard gift cards) with a unique Mastercard number registered to your Rewards Account, which has been issued by an Australian Card Issuer.

Mastercard Account means the Mastercard account linked to your Mastercard by your Card Issuer.

Participating Merchants means merchants and retailers who participate in the Program from time to time by providing a Cashback Reward. A full list of current Participating Merchants can be found at the [program_name] website.

Website is any web application or mobile application being used for the Rewards Program.

Privacy Policy means the [program_name] privacy policy on how it collects, uses and discloses your personal information, set out at the [program_name] website.

Program means the Rewards Program.

The Program Operator means [program_name] and its controlled entities and its agents.

Rewards Account means your registered account with the [program_name] Program, which enables you to use the Program and where your Cashback Rewards are recognised.

Rewards means the Cashback Reward (see above).

Terms means the applicable terms & conditions of use as referred to within this document and other websites or documents referred to within it.

User Information means any information that [program_name] Program may request and that you provide to [program_name] Program including your email address, phone number and other personal information, eftpos card number, Visa Card number, Mastercard number, username (which the [program_name] Program may refuse to accept at its sole discretion) and password.

Visa Card means the authorised Visa prepaid-reloadable, debit or credit card (excluding prepaid Visa gift cards) with a unique Visa card number registered to your [program_name] Program Account, which has been issued by an Australian Card Issuer.

Visa Card Account means the Visa account linked to your Visa Card by your Card Issuer.

a. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

b. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

16. Contact us

If you have questions about the Program, please read the Frequently Asked Questions section of the [program_name] website or contact us.

© Copyright [program_name] 2023. All Rights Reserved.

 

Our Commitment

Mii Cash is a program for Mii Cash members. Mii Cash considers the protection and maintenance of your personal information to be of the utmost importance.

Mii Cash take very seriously the ongoing trust that you place in us to protect your personal information. When handling your personal information Mii Cash are bound and committed to complying with the Australian Privacy Principles in the Privacy Act 1988. This Privacy Policy outlines how Mii Cash deal with your personal information as well as our legal obligations and rights as to that information.

Personal Information

Personal information is information that may identify you or by which your identity may be reasonably determined. Such personal information may include your name, address, other contact details, your date of birth, and mobile number.

Why does Mii Cash need your personal information? 

Mii Cash will only ask for personal information relevant to our business relationship with you. Mii Cash will tell you the main reasons for asking for your personal information when Mii Cash seeks it from you. If you do not provide some personal information, Mii Cash may not be able to provide you with the products or services you want.

The main reasons why Mii Cash will seek personal information from you are:

• to check your eligibility for or to provide you with Mii Cashs;
• to provide you with information relevant to the services and offers you want
• to assist you with your inquiries or concerns;
• to verify your identity and undertake customer due diligence;
• for any other purpose required or authorised by law.

Mii Cash may also ask for your personal information because Mii Cash is obliged to collect it for legal purposes under the Financial Transaction Reports Act 1988 and the new Anti-Money Laundering and Counter-Terrorism Financing Act 2006. These Acts require us to ask you for information to check your identity (for instance, by referring to your passport, birth certificate or driver’s licence). Mii Cash will not use any information collected under these Acts for any other purpose.

How does Mii Cash collect information?

Mii Cash collects personal information directly from you. Mii Cash may do this when you contact us, visit our website or if Mii Cash

Mii Cash is a program for Mii Cash members. Mii Cash considers the protection and maintenance of your personal information to be of the utmost importance.

Mii Cash take very seriously the ongoing trust that you pl contacts you via phone.

How does Mii Cash store your personal information?

Mii Cash store your personal information in a number of ways including:

• in computer systems or databases;
• in hard copy or paper files

Does Mii Cash ever disclose your information to 3^rd parties?

Mii Cash may disclose your personal information to third parties where they help us with our business, or you request or consent to do so. Where your personal information is disclosed to third parties, Mii Cash will seek to ensure that the information is held, used or disclosed consistently with the Australian Privacy Principles in the Privacy Act 1988. 

Types of third parties include:

• parties involved in providing, managing or administering your Mii Cash relationship such as third party suppliers, printers, postal services, email and SMS delivery providers, authorised representatives and our legal, tax, audit and accountancy advisers;
• parties maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our computer systems;
• alliance partners;
• parties involved in the payments system including financial institutions, merchants and payment organisations.

Mii Cash may also disclose your personal information to third parties in circumstances where:

• Mii Cash must fulfil our legal obligations (for example, disclosure to Australian (and international) enforcement bodies such as the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), the Australian Transaction Reports and Analysis Centre (AUSTRAC), Centrelink or the Courts);
• it can be reasonably inferred from the circumstances that you consent to your personal information being disclosed to a third party.

Mii Cash may also send your personal information outside Australia where, for example:

• you have requested or consented that Mii Cash send your personal information;
• Mii Cash outsources a function or service to an overseas contractor with whom Mii Cash has a contractual arrangement; and
• it is necessary to investigate or facilitate a transaction on your behalf.

Mii Cash will not send your personal information outside Australia unless it is authorised by law and Mii Cash is satisfied that the recipient of the personal information has adequate data protection arrangements in place.

Marketing and your personal information

Mii Cash uses personal information to provide services and products that may be of interest to you. Mii Cash may contact you by email, text message, phone or by post to advise you of program benefits and promotions.  If you receive a marketing message from us, you can opt-out by following the instructions in that message. 

In general, Mii Cash uses personal information for marketing for the following purposes:

• to communicate offers relating to services and products that Mii Cash think may be of interest to you (unless otherwise requested)
• to advise of ways to best use our service
• to develop processes, products and services to better meet your needs 
• for our internal research and data analytics.

It is our policy not to sell or pass any personal information to any other organisations (outside our group companies) unless Mii Cash is required to do so for fraud prevention and detection. Mii Cash will never sell or rent your personal information to anyone else for their marketing purposes without your consent. 

What are cookies and why does Mii Cash use them?

A cookie is a piece of data stored on a user's computer hard drive, containing information about that user. A cookie can only be accessed across the Internet by the website that placed it there. Cookies are used by Mii Cash to help us improve the content and functioning of our website.

Mii Cash also uses cookies to help us process a request by you to follow a link from our website to the websites of third parties. The personal information that is disclosed to the third party website operator is limited to the information collected by these cookies. An example of this is to ensure that payment for qualifying transactions can be made,

You may choose to reject a cookie that the Mii Cash website attempts to place on your computer, however you may then be limited in your use of some areas of the website. The use of cookies in this way is wide-spread and commonly accepted by the Internet community. 

Why does Mii Cash record IP Addresses? 

When a user joins Mii Cash, our computers may record their IP address. In the event that Mii Cash detects fraud or abuse of our program or our website and computers, Mii Cash may use the IP address of the offender to take action against them. Ultimately this ensures greater protection for you and your personal information. 

What is "spam" and does Mii Cash send it? 

The widely accepted definition of "spam" is unsolicited commercial email, or in other words, email of a commercial nature that the recipient does not want. Mii Cash does not send "spam". This is because when you join Mii Cash, you agree to allow us to send to you commercial advertising that is relevant to the product and services Mii Cash offers. 

How does Mii Cash protect personal information?

Mii Cash takes all reasonable precautions to protect your personal information, whether it is stored in hard copy or electronic form from loss, unauthorised access, modification and unauthorised disclosure. Your personal information is only accessible by you and by those who are authorised to access it. Our employees and third parties who MMii Cash deals with are bound by confidentiality obligations.

Hard copy documents are secured on our premises and at archive sites by locks and security systems. Whenever possible, hard copy documents are returned to you and not kept on our premises.

Electronic data is protected by up-to-date computer and network security systems with appropriate firewalls, encryption technology, virus software and access passwords.

Mii Cash also seeks to ensure that confidential face-to-face discussions between you and us occur in a secure environment.

Depending on any legal obligations to retain your personal information for a certain period of time, if Mii Cash does not require your personal information, Mii Cashs will take reasonable steps to destroy it in a secure manner or by removing identifying features from it.

Is our website secure? 

Mii Cash appreciates that you may have concerns in relation to the confidentiality and security of your personal information on the internet. Therefore, Mii Cash has implemented systems to ensure that your personal information is secure and confidential when you access our website or my account.

When Mii Cash collects your personal information over the internet, it proceeds via our secure server utilising encryption technology. This helps to protect against unauthorised access to your personal information over the Internet. Your stored personal information is also protected from unauthorised access through the use of multiple firewalls, secure passwords and sign-in processes.

While our website rely on the highest levels of technology to ensure maximum security, no data transmission over the internet can be guaranteed to be totally secure.

To assist us in protecting your personal information, Mii Cash expects you to keep confidential your access passwords at all times, to destroy any documentation Mii Cash sends to you containing your access passwords and to ensure you log out properly when you leave your computer and take appropriate steps to ensure security of your information

How can you access your personal information?

Mii Cash maintains the integrity of your personal information by taking reasonable steps to ensure that the information collected, used and disclosed is accurate, complete and up-to-date.

You may access your personal information at any time via email: info@miicashrewards.com.au

In the event that you make a request to access personal information that has been archived, Mii Cash

Mii Cash is a program for Mii Cash members. Mii Cash considers the protection and maintenance of your personal information to be of the utmost importance.

Mii Cash take very seriously the ongoing trust that you pl may charge you a fee. The fee will be discussed with you prior to us actioning your request. Mii Cash is unable to give you access to your personal information if Mii Cashis prevented by law or if access would reveal personal information of another person.

Does Mii Cash ever change our privacy policy?

From time to time, Mii Cash may need to review our Privacy Policy. Mii Cash reserves the right to change our Privacy Policy at any time and to notify you by posting an updated version on our website. 

Any questions about our policy?

If you have any concerns or questions about our Privacy Policy, or the way in which Mii Cash manages your personal information, including if you think Mii Cash has breached the Australian Privacy Principles of the Privacy Act 1988, you may contact us by email: info@miicashrewards.com.au

You may also obtain further information about privacy (including general privacy information, answers to frequently asked questions and links to the 10 National Privacy Principles) on the Office of the Privacy Commissioner’s website at www.privacy.gov.au. Alternatively, you may write to The Office of the Privacy Commissioner, GPO Box 5218, Sydney, New South Wales, 2001.