1 AdvantageCard Rewards Program Terms & Conditions - Business Subject to clause 9.3, the Terms and Conditions set out a Cardholder s rights and obligations under the AdvantageCard Business Rewards Program. 1. Definitions: AdvantageCard means AdvantageCard Pty Ltd ABN 51 818 379 240. AdvantageCard Partner means a supplier of goods and/or services that participates in the Business Rewards Program. Annual Renewal Redemption means the annual renewal of a Cardholder Account as provided for in clause 6. Authorised Signatory means an individual being not less than 18 years of age, who is authorised by a Cardholder to operate a Cardholder Account. Business Rewards Program means the program under which enrolled Cardholders may accumulate and redeem Reward Points with AdvantageCard Partners as described at http://www.advantagecard.com.au/trade/how_to_earn_spend/overview.asp Cardholder means the individual or entity registered as the holder of a Cardholder Account. Cardholder Account means an account registered with AdvantageCard under the Business Rewards Program that stores relevant details pertaining to a Cardholder including the Reward Points balance. Business Card or Card means the card issued to a Cardholder under the Business Rewards Program. Donation Transaction means the donation of Reward Points by one Cardholder to another Cardholder under clause 5. Enrolment Date means the date the Cardholder first joins the Business Rewards Program. Points Summary Statement means a statement recording the movement in Reward Points during a relevant period and the total Reward Points held by a Cardholder at the end of the relevant period. Qualifying Purchase means a transaction between a Cardholder and an AdvantageCard Partner pursuant to which Reward Points may be earned as determined by AdvantageCard from time to time. Redemption means the supply of goods or services by an AdvantageCard Partner to a Cardholder in exchange for Reward Points under the Business Rewards Program. Registered Contact means an individual registered by a Cardholder to communicate with AdvantageCard in relation to the Cardholder Account regarding: changing an Authorised Signatory or Registered Contact;
2 requesting Reward Point balances; and making general queries relating to the Cardholder Account. Reward Point means the benefit which is credited to Cardholders following a Qualifying Purchase in accordance with the Terms and Conditions. Reward Refund means the reversal of the Reward Points earned pursuant to a Qualifying Purchase where the Cardholder has reversed the Qualifying Purchase with an AdvantageCard Partner. Reward Transaction means any Qualifying Purchase or Reward Refund. Terms and Conditions mean, subject to clause 9.3, these Terms and Conditions, as amended from time to time as published on the AdvantageCard website at www.advantagecard.com.au. Transaction Processing Fee means the Reward Points charged to a donor Cardholder to process a Donation Transaction. 2. Cardholders and Cardholder Accounts 2.1. Holders of Business Cards must have an ABN. 2.2. AdvantageCard may refuse any application for a Card/s in its sole discretion and will refuse an application where the applicant does not provide the required information (e.g. a valid email address and/or mobile number). 2.3. Cardholders will be deemed to have accepted the Terms and Conditions if the Cardholder has either: used the Card for a Reward Transaction; or registered the Card with AdvantageCard. 2.4. Registration of a Cardholder can take up to 24 hours from submission of the application. AdvantageCard will not be liable for any delay in registration of a Card. 2.5. All Cardholders must notify AdvantageCard immediately of any change in the contact details, or, if the Card is lost or stolen. AdvantageCard will not be liable for any delay in replacing a Card or for any unauthorised use of a Card. 2.6. An Authorised Signatory may add or remove Registered Contacts from a Cardholder Account by notice in writing to AdvantageCard. 2.7. AdvantageCard may forward a Points Summary Statement to Cardholders. Points Summary Statements may also be obtained from the AdvantageCard website. 2.8. Disputes regarding a Reward Transaction reflected in a Points Summary Statement must be notified to AdvantageCard in writing within 90 days of the date of the relevant Reward Transaction. Any adjustment to a Points Summary Statement will be in AdvantageCard s sole and absolute discretion. 2.9. Cardholders may be levied an Annual Renewal Redemption under clause 6. 2.10. A Cardholder must not: use the AdvantageCard Business Rewards Program in any way that is not provided for in the Terms and Conditions;
3 (d) (e) act in any way which is detrimental to the interests of other Cardholders, AdvantageCard, AdvantageCard Partners, or, the AdvantageCard Business Rewards Program; provide any misleading or false information to AdvantageCard; sell, assign, transfer or acquire, or offer to sell, assign, transfer or acquire any Business Rewards Program benefit other than in accordance with the Terms and Conditions; or act in any way which, in AdvantageCard s reasonable opinion, breaches or is likely to breach the Terms and Conditions. 2.11. Any tax, liability or duty arising from the Cardholder s participation in the Business Rewards Program is the responsibility of the Cardholder. 2.12. A list of current AdvantageCard Partners will be displayed on the AdvantageCard website from time to time. 3. Earning points 3.1. The earning of Reward Points through a Qualifying Purchase will be subject to the relevant AdvantageCard Partners usual terms and conditions of sale. 3.2. The AdvantageCard Partner will determine whether or not a purchase of their goods or services will be a Qualifying Purchase. 3.3. Reward Points may be accumulated pursuant to Reward Transactions as follows: Face to face: a Cardholder may, at the time of order or purchase, present the Card at the point of sale, or provide the Card number. Phone: a Cardholder may provide a Card number at the time of order or purchase. Online: a Cardholder must provide their Card number when prompted. 3.4. Qualifying Purchases and the amount of Reward Points earned on such Qualifying Purchases will be noted against the Cardholder Account and can be accessed through the AdvantageCard website. 4. Redeeming Points 4.1. A Cardholder may redeem Reward Points with an AdvantageCard Partner in the following ways: In-store: by presenting the Card for verification at the time of redemption. Phone: by quoting the Card number provided the Cardholder or Authorised Signatory verifies their name, date of birth and address details recorded to the Cardholder Account. Online: through an activated online account. 4.2. AdvantageCard will confirm Reward Transactions by providing a redemption authorisation number.
4.3. The Reward Points balance available to a Cardholder will be shown on the AdvantageCard database at the time of enquiry. AdvantageCard will not be liable for any delay in processing Reward Points. 4.4. Upon Redemption, the amount of Reward Points redeemed will be deducted from the current balance of Reward Points in the Cardholder Account. 4.5. Once Reward Points are redeemed, they cannot be refunded to an AdvantageCard Cardholder Account nor exchanged for cash. 4.6. AdvantageCard will not be liable for any Reward Refund transaction made between a Cardholder and an AdvantageCard Partner. If a Reward Refund is made in accordance with AdvantageCard Partners terms and conditions, AdvantageCard will credit the Reward Points from the Reward Refund to a Cardholder s Account. 4.7. AdvantageCard reserves the right to deduct any Reward Points credited in error from the Reward Points balance in a Cardholder's Account. 5. Donating Points 5.1. Reward Points may be transferred between Cardholders pursuant to a Donation Transaction. 5.2. The transferring Cardholder will incur a non-refundable Transaction Processing Fee for each Donation Transaction. 5.3. AdvantageCard may take up to 48 hours to process Donation Transactions. 6. Card Renewal 6.1 The registration of the Cardholder Account will be renewed annually on the anniversary of the Enrolment Date subject to payment of the Annual Renewal Redemption. 6.2 The Annual Renewal Redemption is automatically deducted from Cardholder Accounts on the anniversary of the Enrolment Date of the Cardholder unless the Cardholder advises AdvantageCard in writing that it does not wish to renew the registration of Cardholder Account at least 30 days prior to the relevant anniversary of the Enrolment Date. 6.3 AdvantageCard will determine the number of Reward Points to be deducted on account of the Annual Renewal Redemption in its sole discretion. 7. Liability 7.1. AdvantageCard Partners are not agents of AdvantageCard and have no authority, express or implied, to bind AdvantageCard or to make any representations, warranties or statements on AdvantageCard s behalf. 7.2. To the extent permitted by law under the Competition and Consumer Act 2010 (Cth), AdvantageCard excludes all conditions and warranties whether express or implied and whether arising under legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under the Program by an AdvantageCard Partner. 7.3. The Cardholder must indemnify AdvantageCard from any liability or expense arising from misuse of the Card or the Business Rewards Program. The Cardholder or 4
5 Authorised Signatory must notify AdvantageCard immediately of any unauthorised transaction in relation to its Cardholder Account. 7.4. AdvantageCard will not be liable for: an AdvantageCard Partner not offering Reward Transactions or Redemption for any reason; a failure by an AdvantageCard Partner to comply with the terms of any Reward Transaction entered into with the Cardholder. 7.5 Subject to law, including the Competition and Consumer Act 2010 (Cth), any liability that AdvantageCard may have to a Cardholder whether for negligence, breach of contract or otherwise is limited in the case of any claim relating to Reward Points, to crediting that number of Reward Points to the Cardholder's Account. 8. Termination 8.1 AdvantageCard may terminate a Cardholder Account in the following circumstances: (d) (e) the Cardholder fails to comply with the Terms and Conditions; if AdvantageCard acting reasonably suspects fraudulent practices or abuse of the Business Rewards Program; the Cardholder does not have sufficient Reward Points to meet the Annual Renewal Redemption; the Cardholder elects not to renew the Cardholder s Card registration; or the Cardholder does not register the Card within 30 days from the date of the first transaction. 8.2 A Cardholder may terminate their participation in the Business Rewards Program at any time by providing notice in writing to AdvantageCard. 8.3 AdvantageCard reserves the right to suspend or terminate the Business Rewards Program by giving three (3) months written notice to Cardholders. AdvantageCard will not be liable for loss arising from the suspension or termination of the Business Rewards Program including (without limitation) for any remaining Reward Points balance in a Cardholder's Account at the time of suspension or termination. 9. General 9.1 A notice shall be deemed to be given by AdvantageCard to a Cardholder if it is sent to the postal or email address provided in the Cardholder Account on the date that is three (3) days following the date the notice is sent. 9.2 AdvantageCard reserves the right to make any changes at any time to the Terms and Conditions. Any changes will be notified on AdvantageCard s website. 9.3 In addition to the Business Rewards Program Terms and Conditions, Cardholders will also be subject to the Website Terms of Use and the AdvantageCard Privacy Policy available at www.advantagecard.com.au.