that you have the necessary capacity to enter a binding legal agreement.

Transcription

1 These terms and conditions govern the RACQ Dining Rewards Program and contain important information, including disclaimers and limitations of liability. Please see clause 13.1 for definitions of capitalised terms. 1. Application of these Terms a) By participating in the Program you agree: i) to be bound by these Terms; and that you have the necessary capacity to enter a binding legal agreement. b) RACQ 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 RACQ Dining Rewards Website. By continuing to use the Program, you agree to be bound by the most recent Terms. It is your responsibility to check the RACQ Dining Rewards Website regularly for updated versions of the Terms. RACQ 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 at RACQ s option be either published on the RACQ Dining Rewards Website or sent to the address registered with the Program. c) The use and operation of your Visa Card(s) will also be subject to separate terms and conditions provided by the Card Issuer. d) You agree that you have not relied on any representation, description, illustration or specification that is not expressly stated in these Terms. 2. The Program The Program allows you to earn a Cash Reward when using your Visa Card with Participating Merchants. Once your Cash Reward balance reaches a minimum of $10, your linked Visa Card will be credited with the accrued Cash Reward on our next statement. Cash Reward amounts under $10 will be rolled over to the next month. 3. Registering for the Program a) In order to participate in the Program and remain in the Program, you must: 1. be a paid up member of RACQ; 2. provide certain mandatory User Information as required by RACQ Dining Rewards; 3. register at least one, and up to five, valid Visa Card(s) to your RACQ Dining Rewards Account; and 4. be an authorised holder and user of the Visa Card(s); b) You may register up to 5 Visa Cards to a single RACQ Dining Rewards Account. The registered Visa Card(s) must be issued by an Australian financial institution.

2 c) You must maintain and promptly update the User Information to keep it true, accurate, current and complete and provide a current address. d) Your RACQ Dining Rewards Account will be active immediately upon registration in accordance with clause 3(a), provided that any information you have supplied is correct and valid. e) You represent and warrant that: 1. you are the individual identified in the registration and verification process; 2. you are an authorised user of the Visa Card(s); and 3. the User Information that you have provided to RACQ Dining Rewards is true and correct. f) If you provide any User Information that RACQ Dining Rewards believes to be untrue, inaccurate, not current or incomplete, RACQ Dining Rewards may suspend or terminate your RACQ Dining Rewards 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 Cash 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 RACQ Dining Rewards Account. You agree to be 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 RACQ Dining Rewards Account. i) If you believe that any of your User Information has been compromised, lost or misplaced, you must contact RACQ Dining Rewards immediately. 4. Special conditions of use a) In order to be eligible for a Cash Reward, you must: i) make a purchase or purchases of up to $1,000 with a Participating Merchant in a 24 hour period; i iv) use a Visa Card that is registered to a RACQ Dining Rewards Account; and if you make a purchase using electronic funds transfer at a physical 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(s) is a credit card, debit card, or prepaid-reloadable card; and have accrued a minimum of a $10 Cash Reward balance for the statement period. If your Cash Reward balance is less than $10, this amount will be rolled over to the next statement period.

3 b) You agree that the Cash Reward can only be applied to your RACQ Dining Rewards Account registered to your Visa Card(s). If a different credit, debit or prepaid-reloadable card is used which is not registered to a RACQ Dining Rewards Account, no Cash Reward 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. 5. Participating Merchants a) You may only receive a Cash 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 RACQ Dining Rewards Website. It is your responsibility to check the RACQ Dining Rewards Website regularly to ensure that you are aware of the latest Participating Merchants and Cash Reward offerings. c) All transactions using your Visa Card are with the Participating Merchant and not with RACQ or RACQ Dining Rewards. Neither RACQ nor RACQ Dining Rewards have any responsibility or obligation for the transaction with the Participating Merchant. Neither RACQ nor RACQ Dining Rewards endorses or warrants any goods or services of Participating Merchants. 6. Cash Reward 6.1 What is a Cash Reward? The Cash Reward is not property and may not be transferred, sold, held on trust, bequeathed or inherited. 6.2 Receiving a Cash Reward a) The Cash Reward is calculated on the amount of Australian dollars charged to your Visa Card, less any amounts referred to in clause 6.2(d). The Cash Reward is only calculated based on the first $1000 of a qualifying transaction and is capped at $1,000 per Participating Merchant per 24 hour period. The maximum Cash Reward per qualifying transaction is $100 value. b) You acknowledge that the Cash Reward to which you are entitled may vary where you have entered into an agreement with third parties in relation to the Program. c) The Cash Reward to which you are entitled in any given transaction may depend on factors such as: i) minimum spend; i iv) maximum spend; time of purchase; and/or number of purchases,

4 and may differ between Participating Merchants. These qualifying conditions and the corresponding Cash Reward or Cash Reward percentages for each Participating Merchant can be found at the RACQ Dining Rewards Website. d) The Cash Reward will not be earned in respect of the following amounts that may be charged to your Visa Card: i) government charges (excluding GST payable in connection with the purchase of goods or services on which you earn a Cash Reward); i iv) interest and other bank fees and charges including without limitation foreign exchange conversion fees and reversals (and any GST payable on any of these); Excluded Transactions; balance transfers; and v) payments in which you do not use the "credit" (CR) facility, including payments made through the Bpay Electronic Payments Scheme. e) Subject to clauses 6.2(f) and 6.2(g), you will receive the Cash Reward to which you are entitled within 90 days of the date on which the relevant transaction is settled by your Card Issuer and the Participating Merchant. f) You acknowledge that it is the responsibility of your Card Issuer and the Participating Merchant to settle transactions. Whilst usually this occurs hours after the transaction takes place, your Card Issuer or the Participating Merchant may not settle a transaction for up to 90 days. g) You may not receive a Cash Reward if: i) your Visa Card(s) is cancelled for any reason; i iv) your Visa Card(s) has been lost or stolen (until the registered lost or stolen card has been removed from your RACQ Dining Rewards Account and has been replaced and you update your RACQ Dining Rewards Account details in accordance with clause 6.2(h)); your Visa Card(s) has an expiry notification and you have not renewed your Visa Card(s) (until you renew your Visa Card(s) and update your RACQ Dining Rewards Account details in accordance with clause 6.2(h)); or RACQ Dining Rewards reasonably suspects that you have breached these Terms or the terms and conditions associated with your Visa Card(s) in any way. h) In order to continue using the Program, you must ensure that your RACQ Dining Rewards Account details reflect your current Visa Card(s) number and expiry date. Replacement Visa Cards must be re-registered to your existing RACQ Dining Rewards Account. In the event that the circumstances referred to clauses 6.2(g)( or 6.2(g)(i occur, or if your Visa Card(s) is cancelled and you obtain a new Visa Card(s), you must update your Visa Card(s) number in your RACQ Dining Rewards Account (following the procedure on the RACQ Dining Rewards Website).

5 i) Any changes to your RACQ Dining Rewards Account (including to your User Information and Visa Card number) will be updated by RACQ Dining Rewards within 5 days. 6.3 Monitoring your RACQ Dining Rewards Account and using Cash Rewards Your Cash Reward balance will be visible when you have logged into your RACQ Dining Rewards Account through the RACQ Dining Rewards Website or any desktop or mobile application made available by RACQ Dining Rewards or authorised third parties. 6.4 Refunds or returns and disputed transactions a) Refunds or returns of goods or services purchased by you will trigger a reversal of the relevant Cash Reward associated with that transaction. b) Where a refund or return of goods or services occurs after a Cash Reward has been claimed as a Cash Settlement, the Cash Settlement amount will become a debt due and payable from you to RACQ Dining Rewards immediately (Debt). A reversal of the relevant Cash Reward associated with that transaction will occur, your RACQ Dining Rewards Account will be debited by the relevant reversed Cash Reward, and the debit will be offset against other Cash Rewards in your RACQ Dining Rewards Account including Cash Rewards you may earn in the future. RACQ Dining Rewards may also recover the balance of the Debt from you directly and immediately upon request. c) If your Visa Card is credited in connection with a disputed transaction, RACQ Dining Rewards will adjust your Cash Reward total by deducting any Cash 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). d) If you fail to comply with clause 6.4(b): i) RACQ Dining Rewards may suspend your account immediately; i RACQ Dining Rewards may liaise with your Card Issuer and other relevant third parties in order to recover the Debt; and RACQ Dining Rewards may take any other necessary action in order to recover the Debt. 6.5 Transferring Cash Rewards a. Cash Rewards cannot be transferred between different RACQ Dining Rewards Accounts. b. Cash Settlements cannot be settled to an account other than the Visa Card Account. c. Replacement Visa Cards must be re-registered to your existing RACQ Dining Rewards Account in accordance with clause 6.2(h). Please log on to your RACQ Dining Rewards Account to register a replacement Visa Card(s). 7. Termination or expiry of the Program

6 a. RACQ Dining Rewards may suspend your RACQ Dining Rewards Account and your participation in the Program and/or terminate these Terms and your RACQ Dining Rewards Account by giving you notice with immediate effect that you have breached these Terms. b. If RACQ Dining Rewards terminates these Terms and your RACQ Dining Rewards Account in accordance with clause 7(a), all of your Cash Rewards will vest in RACQ Dining Rewards. c. You may terminate your RACQ Dining Rewards Account for any reason by selecting the close account link within your RACQ Dining Rewards account. d. Any unused Cash Rewards at the end of this period will be deposited as a Cash Settlement into your Visa Card Account, or if this is not possible, will vest in RACQ Dining Rewards. e. RACQ Dining Rewards may terminate your RACQ Dining Rewards Account and/or the Program for any reason at any time by giving you 7 days' prior notice via the RACQ Dining Rewards website. Any Cash Reward within your RACQ Dining Rewards Account will be transferred as a Cash Settlement to your Visa Card Account. 8. Privacy a) Any personal information, including your User Information, submitted by you to RACQ Dining Rewards is subject to and will be handled in accordance with RACQ's Privacy Policy. The Privacy Policy forms part of these Terms. You agree that, by accepting these Terms, using the Program or communicating with RACQ Dining Rewards, you have read the RACQ Privacy Policy, understood its contents and consent to its requirements. The RACQ Privacy Policy is available at b) If at any time you close your RACQ Dining Rewards Account any of your User Information held by RACQ s third party contracted Program administrator will be deleted, de-identified or destroyed, provided this is authorised by law. 9. Intellectual property All intellectual property rights (including copyright, trademarks and patents) in the Program, or any promotion of the Program by RACQ and all components of them are owned by, or licensed by, RACQ 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 RACQ. 10. 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 ACL (or any other applicable law that cannot be excluded, restricted or modified by agreement). b. Subject to clause 10(a) and to the extent permitted by law, RACQ excludes all warranties, whether express or implied, including any warranties or representations: 1. that the Program will be rendered with due care and skill; 2. concerning the availability of the Program; and

7 3. concerning the quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Program; c. Subject to clause 10(a) and to the extent permitted by law, the maximum liability of RACQ 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 Cash Reward in your RACQ Dining Rewards Account (as determined by RACQ Dining Rewards) in relation to the transaction in which the claim arises. You agree to bring all claims within 3 months of the date of the transaction and to waive your rights to make such claims thereafter. d. RACQ's 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 10(d), you acknowledge and agree that the services supplied by RACQ are limited to the Program, and that the particular purpose of RACQ's services is limited to the purpose outlined in these Terms. f. To the extent permitted by law, RACQ 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 RACQ and its employees, agents or contractors will be AU$100 in the aggregate of all claims. h. Subject to clause 10(a) and to the extent permitted by law, RACQ 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: 11. Indemnity 1. you (for example, through your negligence or breach of contract); 2. your failure to reasonably mitigate your loss; or 3. events outside of RACQ's control. You indemnify RACQ 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 RACQ Dining Rewards Account, including by third parties; and

8 d. any claims that may be brought against RACQ or which RACQ must pay, sustain or incur as a direct or indirect result of the use by RACQ of your User Information. 12. Force majeure RACQ 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. 13. Interpretation 13.1 Definitions ACL means the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth); Card Issuer means the bank handling your Visa Card Account and providing your Visa Card; Cash Reward means the value of cash-back rewards that are registered to your RACQ Dining Rewards Account, based on qualifying transactions using your Visa Card with Participating Merchants; Cash Settlement means the Australian dollar amount of any Cash Reward that is deposited into your Visa Card Account in accordance with these Terms; Excluded Transactions means any transaction where you: a. draw cash from the Visa Card Account linked to the Visa Card using an automatic teller machine, at a financial institution or from a Participating Merchant; b. receive from a Participating Merchant a cash substitute (including, but not limited to, using your Visa Card to purchase gambling chips or tokens, travellers cheques or money orders, gift certificates or to load value to a stored value card or facility); c. use the Visa Card 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 Card; or d. use the Visa Card account to pay bills over the counter at a financial institution; Participating Merchants means merchants and retailers who participate in the Program from time to time by providing a Cash Reward. A full list of current Participating Merchants can be found at the RACQ Dining Rewards Website; Privacy Policy means the RACQ privacy policy on how it collects, uses and discloses your personal information, set out at Program means the RACQ Dining Rewards Program; RACQ means The Royal Automobile Club of Queensland Limited ABN , its controlled entities and its agent;

9 RACQ Dining Rewards Account means your registered account with RACQ Dining Rewards, which enables you to use the Program and where your Cash Rewards are recognised; RACQ Dining Rewards means the RACQ Dining Rewards Program; RACQ Dining Rewards Website means Terms means these terms and conditions of use; User Information means any information that RACQ may request and that you provide to RACQ including your address, phone number and other personal information, Visa Card number, and where relevant, username (which RACQ 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 RACQ Dining Rewards Account, which has been issued by an Australian Card Issuer; and Visa Card Account means the Visa account linked to your Visa Card by your Card Issuer Jurisdiction and law These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, 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 Severability Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. 14. Contact us If you have questions about the Program, please read the Frequently Asked Question section of the RACQ Dining Rewards Website or contact us by logging onto the RACQ Dining Rewards Website, selecting the "Give feedback" link and providing us with your questions or queries in the template provided.