1. Terms and Conditions
These terms and
conditions apply to all gift cards issued by Member Benefits Australia Pty Ltd.
1.1. Upon receipt of, use or attempting
to use a MBA Gift Card you agree to comply with these terms and conditions.
1.2. Upon receipt of, use or attempting to use a MBA
Gift Card, or by making a transaction enquiry or exercising any right to redeem
value loaded onto a MBA Gift Card, you warrant that you will comply with these
terms and conditions and all applicable laws and that the MBA Gift Card will
not be used in a manner that is unlawful, misleading, deceptive, unfair or
otherwise harmful to consumers.
Definitions:
- “Australian Privacy Principles”
means the privacy principles guidelines issued by the Australian
Information Commissioner under the Privacy Act 1988 (Cth), as
amended from time to time.
- “Card
Balance” is the amount
available for redemption on a MBA Gift Card at any one time, being the
initial balance less any value that has been redeemed or has expired. A
MBA Gift Card balance can be viewed at the time of purchase, each time the
card is used to purchase goods and services via the MBA Portal or at any
time on www.limemberbenefitsclub.com.au.
- “Expiry
Date” means, with the
exception of Promotional Gift Cards, the date which is 36 months from the
date of issue.
- “Gift
Card Code” means
the security code of the Gift Card that is entered at the checkout when redeeming
the MBA Gift Card and completing a purchase in the MBA Rewards Portal.
- “MBA”
means Member Benefits Australia
Pty Ltd ABN 12 151 525 272.
- “MBA Gift Card” means a gift card issued electronically by MBA and redeemable online through the MBA Rewards Portal.
- “Promotional MBA Gift
Card” means a MBA Gift Card with an expiry date which is less than 36
months from the date of issue, provided by MBA as part of, without limitation,
a temporary marketing promotion, an employee rewards scheme, supplied at a
genuine discount or otherwise as permitted by law.
- “redeem” means to use some of all of the value on
a MBA Gift Card to obtain goods or services online through the MBA Rewards
Portal.
- A reference to “we”, “us” or
“our” is a reference to MBA.
- A reference to “you” or
“your” is a reference to the person who is taken to agree to these terms
and conditions under clauses 1.1 and 1.2.
2. Purchasing and Issuing of MBA Gift
Cards
2.1. MBA Gift Cards can be purchased, or will be
issued, from MBA online at www.rewards-plus.com.au.
2.2. MBA Gift Cards will be issued by
electronically by MBA and emailed to your nominated email address.
2.3. Activation of MBA Gift Cards occurs
immediately following:
· the completion of a purchase
transaction; and
· the issue of the MBA Gift Card
electronically to your nominated email address.
2.4. We may apply restrictions from time to time in
relation to MBA Gift Card purchase transactions, in order to manage the risk to
us and to our customers including the risk of fraudulent use of credit cards.
For example, we may reject online purchase transactions in our discretion based
on the total number of MBA Gift Cards purchased in a period, or following what
we regard as unusual patterns of payment card usage. Payment cards with a
non-Australian issuer cannot be used for online purchase transactions.
2.5. MBA may, from time to time, issue Promotional MBA
Gift Cards. Promotional MBA Gift Cards may have earlier expiry dates than MBA
Gift Cards.
2.6. You are not required to pay GST on the value
you use to purchase your MBA Gift Card. However, GST will be included in the
value of any goods and services you obtain through the MBA Rewards Portal using
a MBA Gift Card.
3. Redeeming a MBA Gift Card
3.1. MBA Gift Cards may only be redeemed online
through the MBA Rewards Portal.
3.2 MBA Gift cards cannot be redeemed via any 3rd
party affiliate websites.
3.3. Although infrequent, there may be occasions when
MBA is unable (because of technical or routine maintenance issues) to
electronically process a transaction in the MBA Rewards Portal and MBA accepts no
liability whatsoever in such circumstances.
3.4. If we reasonably suspect fraud or illegality,
we reserve the right to suspend a MBA Gift Card value and prevent it being
used. We may prevent MBA Gift Card value being used where we reasonably
believe that allowing the value to be used may cause harm to any person
(including MBA). If we reasonably believe that value loaded to the MBA Gift
Card is the result of any fraud or illegality, we can cancel that value at any
time without liability to the holder of the MBA Gift Card. We will
consider in good faith any information from the holder of the card to show that
the value has been loaded lawfully.
4. Privacy and Confidentiality
4.1. MBA adheres to the Australian Privacy
Principles.
4.2. We will not disclose your personal information
to anyone except for the strict purpose of verifying your identity and managing
the MBA Gift Card program, or as required by law.
4.3. Information may be disclosed, as a part of the
management of the MBA Gift Card program, to contractors or third party service
providers who supply to us administrative services in connection with the MBA Gift
Card program.
4.4. Some of our service providers operate in
overseas locations and we may therefore need to transfer your information
overseas in order to receive these service provider services. Where we
share your personal information with such entities, we will do so in compliance
with Australian privacy laws and will take steps to ensure that such entities
agree to similarly protect that information.
4.5. MBA, its contractors and or third party service
providers, will not share, sell or pass on your personal information to any
party outside the program.
4.6. Please review the MBA Privacy Policy available
a at https://www.mbabenefits.com.au/privacy-policy for further
information.
5. Expiry Date
5.1. Expiry Dates can be found on the receipt or
voucher when purchasing a MBA Gift Card or when using a MBA Gift Card to
purchase products or services via the MBA Rewards Portal.
5.2. Excluding Promotional MBA Gift Cards, the Expiry
Date of MBA Gift Cards is 36 months from the date of issue.
5.3. A MBA Gift Card cannot be used after its Expiry
Date. Any Card Balance that has not been redeemed at the Expiry Date is
reduced to zero and can no longer be used. No refunds are provided for
any unused Card Balances at expiry.
6. Fees and Charges
6.1. No fees or charges apply when purchasing a MBA
Gift Card.
6.2. However, at MBA’s discretion, fees or charges
may be incurred by you for the use of Credit, Eftpos or other forms of payment
when purchasing a MBA Gift Card.
7. Resale
7.1. Resale of MBA Gift Cards is strictly prohibited, except with our prior written consent. If approved, MBA Gift Cards cannot be re-sold for more than the original purchase price.
7.2 Gift vouchers issued are non-transferable and can only be redeemed by the original recipient.
8 Cash Advances or Refunds
8.1. You cannot obtain any cash advance with your MBA
Gift Card or redeem your Gift Card for cash or cash like products.
8.2. You cannot exchange a MBA Gift Card for any
other form of tender, cash or discount or use it to redeem any other form of
tender, cash or discount. For example, you cannot exchange or redeem a MBA
Gift Card for any other form of gift card or payment product.
9. Contacting us
9.1. If you have questions about your MBA Gift
Card, please visit our website
9.2. If you require further assistance, please
contact our customer care team via email info@mbabenefits.com.au or call 1300 119 493.
10. Liability
10.1. You are responsible for your MBA Gift Card and
are liable for all transactions made using your MBA Gift Card (whether by you
or others).
10.2 MBA has no liability for lost or stolen MBA
Gift Cards whatsoever.
11. Changes to Terms of Use
11.1. MBA reserves the right to change any of the
terms contained in these Terms of Use at any time where the change is
determined to be required.
This includes, but is not limited to. the following changes:
· to add or remove goods or services
which may be purchased with the MBA Gift Card;
· to add or vary conditions for
administrative or operational reasons or to prevent the occurrence of fraud or
other unlawful or unacceptable conduct;
· to comply with any contract, law,
regulation or statute or order or judgment of any court, tribunal or other body
having competent jurisdiction; or
· where we, acting reasonably, consider
that it will not be to your detriment.
12.
Governing Law
12.1 These
Terms and Conditions are governed by the laws of Victoria. Each party submits
to the non-exclusive jurisdiction of the courts of Victoria.