## 1. Introduction
1.1. The [Restaurant Name] Loyalty Program (hereinafter referred to as “the Program”) is operated by [Restaurant Company Name] ABN [XX XXX XXX XXX] (hereinafter referred to as “we”, “us”, “our”, or “the Company”).
1.2. These Terms and Conditions govern the Program and the relationship between the Company and the Program members.
1.3. By registering for the Program, you agree to these Terms and Conditions and are bound by them, as may be amended from time to time.
1.4. You also consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy ., which is incorporated herein by reference. You also acknowledge that we may disclosure your personal information to our supplier Tabit Technologies Pty Ltd (“Tabit“) and you consent to Tabit handling your personal information in accordance with its privacy policy.
1.5. Membership in the Program is intended for private individuals only and for primarily personal and/or family use. It is not intended for businesses, corporations, institutions, or similar entities.
1.6. The Company may engage third parties to provide the Program and/or related services, who will act on behalf of the Company. The Company shall be fully responsible to the customer for any act or omission of such parties as mentioned above.
## 2. Membership Eligibility and Registration
2.1. Membership is available to individuals who are 18 years of age or older and have a valid Australian address.
2.2. To become a member, you must complete the registration process, which may include providing personal information such as your name, contact details, and date of birth.
2.3. Membership is free of charge, personal to you, and non-transferable.
2.4. You are responsible for maintaining the accuracy of your membership details. Please inform us of any changes to your contact information.
2.5. We reserve the right to refuse membership to any person at our discretion.
2.6. The responsibility for providing accurate information on the registration form, including contact details, and for updating the Company regarding any changes to these details, lies solely with the customer. The customer shall have no claim against the Company, including in cases of non-delivery of communications, updates, notifications, or benefits due to errors in providing details or failure to update said details.
## 3. Earning Cashback Points
3.1. Members earn Cashback Points on eligible purchases made at [Restaurant Name] locations.
3.2. Cashback Points are earned at a rate of [X]% of the total spend on eligible purchases.
3.3. Cashback Points earned by the customer will be available for redemption starting from the next purchase after the purchase that credited the member with the Cashback Points.
3.3. Eligible purchases include [list eligible items/services]. The following are excluded from earning Cashback Points: [list exclusions, e.g., gift card purchases, delivery fees, etc.]
3.4. To earn Cashback Points, you must identify yourself as a member at the time of purchase by [method, e.g., presenting your membership card, providing your phone number, etc.]
3.5. Cashback Points will be credited to your account within [X] business days of the eligible purchase.
3.6. There is a daily accumulation limit of [XX] Cashback Points per member. Any purchases beyond this limit on a single day will not earn additional points.
3.7. The maximum balance of Cashback Points allowed in a member’s account at any time is [XX] points. Once this limit is reached, no additional points can be earned until the balance is reduced through redemption.
3.8. We reserve the right to adjust the earning rate, eligible purchases, accumulation limits, and other aspects of the Cashback Points system at any time with 30 days’ prior notice to members.
3.10. In case of any transaction cancellation, the Cashback Points earned by the customer for that transaction will be automatically cancelled. For the avoidance of doubt, no rights will accrue to the member as a result of paying cancellation fees.
## 4. Redeeming Cashback Points
4.1. Each Cashback Point is equivalent to one Australian Dollar (AUD 1.00).
4.2. Cashback Points can be redeemed freely at any time for any purchase at [Restaurant Name].
4.3. There is no minimum redemption amount. You can redeem any number of points, up to the full value of your purchase.
4.4. To redeem Cashback Points, simply inform our staff at the time of purchase that you wish to use your points. You must identify yourself as a member providing your phone number.
4.5. Cashback Points can be used for full or partial payment of your bill. If your points do not cover the entire bill, you can pay the remaining balance using other accepted payment methods.
4.6. Redemptions cannot be reversed once processed.
4.7. Cashback Points have no cash value and cannot be exchanged for cash or transferred to other members.
4.10. The purchase of Company products as part of benefits and/or promotions given to members shall be made only through payment in cash or credit card, and no other means of payment will be accepted, including coupons, vouchers, compensations, credit points, gift cards, discount cards, and the like.
4.9. The redemption of benefits is subject to the availability of products offered as part of the benefits in the branch inventory where the customer wishes to redeem the benefit.
4.11. Each benefit can be redeemed only once, unless otherwise stated.
5. Additional Benefits
5.1. The Program may offer additional permanent benefits as detailed in Appendix A.
5.2. General Benefits: In addition to the benefits listed above, members may be eligible to enjoy exclusive promotions and benefits for Program members, which the Company will decide at its sole discretion. It is clarified that this does not constitute a commitment by the Company to provide the benefits listed above, additional benefits, or any promotions, and any decision in this regard, including with respect to the nature of the benefits/promotions, or their quantities, is at the sole discretion of the Company.
## 5. Expiry and Cancellation of Points
5.1. Cashback Points will expire [X] months from the date of issue if not redeemed.
5.2. Upon termination of your membership, any unused Cashback Points will be forfeited.
5.3. We reserve the right to make changes to the Program, including modifications to the way Cashback Points are earned, redeemed, or expire. Any significant changes that may adversely affect members will be communicated with at least 30 days’ notice via email and/or prominent notices on our website and in our restaurants.
5.4. In the event of Program termination, members will be given at least 90 days’ notice to redeem any outstanding Cashback Points.
5.5. We may suspend or terminate individual memberships without notice in cases of suspected fraud, abuse of the Program, or violation of these Terms and Conditions.
5.6. Upon termination of your membership, any unused Cashback Points will be forfeited.
## 6. Communications
6.1. By joining the Program, you consent to receive communications from us regarding your account and Program offers.
6.2. You may opt-out of direct marketing communications at any time through the following methods:
6.3. Please note that opt-out requests may take up to 5 business days to process.
6.4. Even if you opt-out of receiving direct marketing communications from us, we may still contact you with important information related to your account or changes to these Terms and Conditions.
## 7. Privacy
7.1. We collect, use, and disclose your personal information in accordance with our Privacy Policy, which can be found at [link to privacy policy].
7.2. By participating in the Program, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy and the Tabit Privacy Policy.
8.1. We reserve the right to make changes to the Program, including modifications to these Terms and Conditions, the way Cashback Points are earned, redeemed, or expire, and any other aspect of the Program.
8.2. Any significant changes that may adversely affect members will be communicated with at least 30 days’ notice via email and/or prominent notices on our website and in our restaurants. This will allow you to cancel your membership within the period of that advance notice, in the event that you do not wish to agree to the relevant change.
8.3. In the event of Program termination, members will be given at least 90 days’ notice to redeem any outstanding Cashback Points.
8.4. Your continued participation in the Program after changes are made constitutes your acceptance of the changes. If you do not agree with the changes, you may cancel your membership in the Program.
8.5. We may suspend or terminate individual memberships without notice in cases of suspected fraud, abuse of the Program, or violation of these Terms and Conditions.
## 9. Limitation of Liability
9.1. We will use reasonable endeavours to deliver the Program to you in accordance with these Terms and Conditions. However, you acknowledge and agree that we will not be liable to you for any failure to comply with these Terms and Conditions that is beyond our reasonable control.
9.2. Subject to clause 9.4, our liability to you will in all cases be limited to an amount that is the greater of: (a) the amount of Cashback Points on your account at the time the event giving rise to liability occurred; or (b) the amount of Cashback Points that should be on your account but are not due to an error by us.
9.3. Subject to clause 9.4, and with the exception of us honouring or paying you the value of any Cashback Points that you may be entitled to, in no circumstances we will be liable to you for any indirect or consequential loss (this includes loss of revenue or profits, loss of opportunity and any other commercial or economic loss of any kind).
9.4. Nothing in this clause 9 limits or excludes any of your rights and remedies which we are not lawfully permitted to so limit or exclude. To the extent that the consumer guarantees provisions of the Australian Consumer Law apply to our supply of any goods or services to you, and we are lawfully permitted to do so, we limit our liability for any breach of the consumer guarantees to, at our election: (a) resupplying the relevant goods or services to you; or (b) paying you the cost of obtaining replacement goods or services.
## 10. Governing Law
10.1. These Terms and Conditions are governed by the laws of [Australian State/Territory] and any disputes will be subject to the exclusive jurisdiction of the courts of [Australian State/Territory].
## 11. Contact Us
11.1. If you have any questions about these Terms and Conditions or the Program, please contact us at:
[Restaurant Name] Customer Service
Email: [email address]
Phone: [phone number]
Address: [physical address]
By participating in the [Restaurant Name] Loyalty Program, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
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