Terms and Conditions

Introduction

My Rewards International Ltd (“My Rewards”) amongst other things, offers discounts, rewards  and cashbacks to My Rewards account holders for purchases made at My Rewards’s merchant partners through My Rewards’s various platforms including but not limited to its website, browser extension and mobile application (the “My Rewards Platforms”). The use of the services (the “Services”) offered on the My Rewards Platforms and accounts maintained with My Rewards shall be subject to these terms and conditions (the “Agreement”). This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with My Rewards. By using any of the Services or maintaining an account with My Rewards, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. My Rewards may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with My Rewards shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

License

Subject to this Agreement, My Rewards hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the My Rewards Platforms and the Services solely for your personal use. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. My Rewards reserves the right to change, upgrade or discontinue any or all of the Services or the My Rewards Platforms or any feature of the Services or the My Rewards Platforms, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by My Rewards and its licensors.

Your My Rewards Account

My Rewards Services require the user to maintain an account with My Rewards. A user may create an account free of charge by providing the relevant details requested for. Use of the account and the Services (including the opportunity to earn cashback) are offered at the sole discretion of My Rewards and subject to your compliance with this Agreement.

An individual shall not create or have control and/or custody over multiple My Rewards accounts. In particular:

1. Each mobile number may only be linked to one My Rewards account;
2. Each payment account (e.g. each bank account; each paypal account) may only be linked to one My Rewards account.

A failure to abide by any terms and conditions, the perpetration of any fraud or abuse, whether relating to the accrual or receipt of cashback and/or other rewards or otherwise, and/or any misrepresentation of any information furnished to My Rewards or its affiliates may result in your My Rewards account being flagged for suspicious activity and suspended or terminated; any cashback accumulated being forfeited; and/or any store credit or vouchers purchased by you being cancelled.

You are responsible for regularly checking your account to ensure cashback has been properly credited and that your account balance is up to date. You must notify My Rewards of any omissions, incorrect entries or discrepancies concerning any transaction within 30 days after that transaction. My Rewards reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period.

Earning Cashback

Among services offered by My Rewards is the opportunity to earn cashback on purchases made at our various merchant partners through our various My Rewards Platforms. Creating and maintaining an account with My Rewards is required before a user can start earning cashback. Crediting of cashback is also subject to the various terms, conditions and requirements, express or implied, associated with the crediting of cashback in general or terms, condition and requirements associated with the individual promotions that would be applicable. These terms, conditions and requirements include but are not limited to:-

1. Requiring the user to have cookies enabled throughout when accessing the My Rewards Platforms and subsequently the merchant partner’s website;
2. Not opening a separate tab or browser while accessing the My Rewards Platforms and subsequently the merchant partner’s website;
3. Ensuring that after being redirected to the merchant partner’s website, the user completes the transaction before proceeding to any other website;
4. Completing the purchase on the merchant’s website within a given period of time;
5. Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by My Rewards or the applicable merchant partner

In addition, certain purchases may be excluded from cashback. In general, cashback is earned on net purchase amount excluding shipping and handling. However, cashback amounts and exclusions vary from merchant partner to merchant partner and individual promotions may contain specific exclusions. Please review these terms carefully. These exclusions are subject to change without notice, and My Rewards hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Some examples of typical exclusions include (but are not limited to):

1. Cashback not being eligible when purchasing promotional items or using other discount codes, coupons or other promotions;
2. Cashback only being eligible when the transaction is completed using specified payment methods; and
3. Different tiers of eligible cashback for different users (e.g. different tiers of cashback for new users and existing users).

Merchant Partner Polices

Any products or services purchased from any merchant partner, whether through My Rewards or otherwise, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the applicable return, cancelation, exchange, and shipping policies. You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. My Rewards is not responsible for changes to, or discontinuance of any merchant partner from any of My Rewards’s platforms or the termination of any promotion offered by any merchant partner on any of My Rewards’s platforms, or for any effect on accrual of cashback caused by such changes, discontinuance, or withdrawal. My Rewards assumes no responsibility and shall not be liable for any content, product and/or services on the merchant’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).

Top-ups and Deductions

My Rewards reserves the right from time to make top-ups and deductions from the balance in a user’s account where it is necessary, reasonable, or expedient to do so. This includes (but is not limited to) situations where cashback has been incorrectly credited into a user’s account and/or where a user is found to have acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.

Redeeming Cashback

You may redeem your Cashback at any time subject to the terms and conditions of this Agreement or the specific conditions that relate to the individual entries in your account. You must have accumulated cashback relating to a dollar value more than or equal to the minimum redemption amount indicated and communicated from time to time. In order to redeem your Cashback, you must maintain an active account and provide the minimum relevant information required to process the redemption (e.g. a valid bank account number or a Paypal account). For security purposes, the redemption of cashback is limited to AUD$250 per 24h period.

Nature of Cashback

For the avoidance of doubt, you do not gain any proprietary right over any monies or assets held by My Rewards when you earn cashback in your account. The cashback accrued in your account does not constitute monies held on trust by My Rewards for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights of repayment as may arise out of this Agreement.

Gift cards

In your purchase of products from My Rewards, you agree to be bound under the Terms of Sale effective at the time of your purchase and all terms incorporated by reference. Should you not agree to all of these terms, do not make any purchases from My Rewards. My Rewards Pty Ltd (“My Rewards”, “we” or “us”) make products available for purchase via our websites, mobile applications (“App”) and other products and services (collectively, the “Services”). Your purchase of any products through these is governed by these Terms of Sale (“Terms”) and your use of the Services is governed by our Terms of Service Terms and Conditions (available via the Service). We reserve the right to change or modify these Terms at any time at our sole discretion. Should we make changes to these Terms, notice will be provided such as through sending you a notification, providing notice through the Services or by updating the “Last Updated” date at the top of these Terms. We strongly advise you to review these Terms each time you make a purchase from My Rewards so as to ensure that you understand the terms and conditions applicable to your purchase.

Availability and Pricing

A variety of non-reloadable digital Gift Cards, codes and/or vouchers (collectively, “Gift Cards”) are offered for purchase through our Services. All Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and the price charged will be the price set out on the Service at the time of your order. The minimum price of a Gift Card sold via My Rewards is $5 and the maximum price of a Gift Card sold is $2000 (subject to each Retailer). If you purchase multiple Gift Cards on a single day, the total amount that you purchase on all the cards cannot exceed $2,000. Gift Cards purchased through My Rewards are available for use within Australia and may be available for use in or sending to recipients in other countries. Please consult the My Rewards Gift Card wall via the Service and each Retailer’s (as defined below) terms and conditions for the use of Gift Cards outside of Australia.

Gift Card Promotions

From time to time we may offer other special promotions intended to provide you an incentive to purchase Retailer Gift Cards and/or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion and/or competition. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

The expiration date for a Gift Card is displayed on or on the back of the Gift Card, in your digital wallet. Please refer to the expiry date to ensure you redeem your Gift Card in the allocated time frame. My Rewards is not responsible for users to redeem their Gift Card before the expiration date.

Unless otherwise stated by the applicable Retailer, Gift Cards are not redeemable for cash.

Each Gift Card purchased by you will be listed as a separate Gift Card. By way of reference, in the event that you purchase two Gift Cards from the same Retailer, your wallet will reflect two Gift Cards, as opposed to one Gift Card with the value of the two Gift Cards purchased. My Rewards may, in its sole discretion and under guidance by relevant laws, from time to time implement a limit on the value of Gift Cards that may be stored in the My Rewards wallet at any one time.

My Rewards is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. My Rewards is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of My Rewards. If you have lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, email us at help@myrewards.com.au, and we will send you a replacement provided we can confirm the balance is unused.

Gift Cards that you purchase through our Services are issued by participating third-party retailers (“Retailers”). Your purchase of each Gift Card is governed by certain terms and conditions established by the issuing Retailer in addition to these Terms. Retailers set expiration dates for Gift Cards in addition to other restrictions and requirements. Please review all applicable Retailers’ terms and conditions prior to the purchase of any Gift Card. If you have questions relating to the applicable Retailer terms, please contact the issuing Retailer. As the issuers of Gift Cards, Retailers (and not My Rewards) are fully responsible for all aspects of their Gift Card programs. Retailers are responsible for all liabilities and costs suffered by you or any other party caused – directly or indirectly – by the Retailer or their products or services. We have no obligation to resolve any dispute between you and any Retailer. My Rewards endeavours to work with reputable Retailers, however My Rewards holds no liability for the sale of products or services provided to you by a Retailer. In purchasing a Gift Card from an issuing Retailer, you waive and release My Rewards and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Retailer. Following the purchase of a Gift Card, My Rewards shall not be responsible or liable to you in the event a Retailer discontinues its Gift Cards or is unable to or refuses to redeem a Gift Card (including for reasons of their insolvency, external administration or forced closure), Neither My Rewards nor any Retailer is responsible for lost or stolen Gift Cards. If you lose your mobile device, please contact help@myrewards.com.au immediately so we can put a hold on your account.

Payment Options

Accepted forms of payment are credit cards (a “Card”) for example Visa, MasterCard, PayPal and Cashbacks available in your account. Unless indicated otherwise, the purchase of Gift Cards will be fully billed at the time the Gift Card is issued to you. My Rewards uses a third-party PCI compliant payment processor and we do not hold any financial information. If your payment cannot be verified, is invalid or otherwise unacceptable, your order may be suspended or cancelled automatically. Card processing fees may apply even if the Card has expired or changed by the time My Rewards submits the charges. Any problems encountered in the processing of your order are not the responsibility of My Rewards.

Taxes on Gift Cards

Gift Cards are free of GST.

GST or other taxes are not accounted for until the cards are used to purchase goods. These may be charged separately by the applicable Retailer at the time of purchase.

Cancellations; Returns

Please choose carefully as we do not offer exchange or refund on Gift Cards.

A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production or issuing process or otherwise due to the fault of us or our agents or contractors or where otherwise required by law. If you seek a return or refund please contact help@myrewards.com.au with the reason for your request and proof of purchase for us to review. If any value on a Gift Card has been spent we are unable to process a return or refund unless required to by law. My Rewards is not responsible for the refund of purchase price or return of any products purchased from Retailers.

Lost or Stolen Gift Cards

Treat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card. If you lose your mobile device please contact us immediately so we can put a hold on your account. If someone has partially or fully redeemed your Gift Card(s) while your mobile device is lost or stolen, My Rewards shall not be liable.

Fair Use

1. Introduction
   • Our Fair Use Policy is intended to provide guidance to our members so that they do not use our services, products or offers in an illegal, excessive or unreasonable manner. Such use may impact the quality or reliability of our services, products or offers to other members.
   • Our Fair Use Policy applies when you use any of our services, products or offers. We retain the right to vary the terms of the Fair Use Policy at any time in our sole discretion. The Fair Use Policy (as varied from time to time) is available at our website and any variation takes effect immediately any such variation is posted on our website.

2. Illegal use
   • You must not use any of our services, products or offers in a way that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, any of the following which is prohibited:
     • Phishing or engaging in identity theft.
     • Distributing computer viruses, worms, trojan horses, or other malicious code.
     • Distributing pornography or adult related content or offering any escort services.
     • Promoting or facilitating violence or terrorist activities.
     • Infringing the intellectual property or other proprietary rights of others.

3. Excessive Use
   • You must not use any of our services, products or offers in a way that we deem to be excessive (in our sole discretion).
     • In relation to pre-paid store cards and vouchers, we consider that purchasing more than $2,000 of pre-paid store cards and vouchers (for all stores combined) in any one calendar month or more than $24,000 of pre-paid store cards (for all stores combined) in any 12-month period is excessive use.
     • We will notify you if we deem your use to be in breach of our Fair Use Policy and ask you to provide evidence proving your purchase relates to personal use only. We may also ask you to reduce your purchases accordingly.
     • If you continue to attempt to use the service at excessive levels following this request, we may suspend or cancel your access to the services, products or offers immediately and without any prior warning or notice given to you.

4. Unreasonable and Commercial Use
   • Without restricting what is meant by “unreasonable” we will supply services, products and offers to you for the purpose of your own personal and domestic use only. We will consider unreasonable use of the services, products or offers to be:
     • using the services, products or offers for business or commercial purposes, or
     • wholesale sale or distribution of the services, products or offers to any other person or entity.
     • Where we consider your use of the services, products or offers is for business or commercial purposes, we will notify you and ask you to modify your use of the services, products or offers. If you do not modify your use of the services, products or offers, we may suspend or cancel your access to those services, products or offers immediately and without any warning or notice given to you.
     • Without any limitation, we consider, in our sole discretion, that the following uses are uses for business or commercial purposes and outside the Fair Use Policy:
       • You purchase services, products or offers for the purposes of resale, resupply or commercial exploitation.
       • You purchase services, products or offers to use as payment to third parties for other services supplied to you.
       • You purchase services, products or offers for reasons other than for reasonable personal or domestic use.
       • You purchase services, products or offers to use in your business or a direct family member’s business.
       • You purchase services, products or offers to be provided as prizes, commission, compensation or incentives in a competition, promotion or offer.

A person who is not party to this Agreement has no rights to enforce any terms of this Agreement.

Communications

By becoming a My Rewards user, you agree to receive communications that are account and user related (e.g. that we’ve added cashback to your account, that we have paid out money to your bank account) as well as periodic shopping related e-mails that highlight coupons or special deals available to My Rewards users. We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process. Your consent to receive electronic communications include any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us appraised of your current e-mail address should the same change subsequent to the date you become a Member. We may also send you push notifications if you install the mobile application.

Ownership

All rights, title, and interest in the Services, the My Rewards Platforms and the Content associated with or on the same belong to My Rewards or its licensors.

Additionally, My Rewards shall maintain all rights, title, and interest in “MY REWARDS”, the My Way logo, and any other marks, service marks, trademarks, or logos of My Rewards (the “My Rewards Marks”) that are registered in Australia and other countries. The My Rewards Marks may not be used in connection with any non-My Rewards product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits My Rewards. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing “MY REWARDS” or anything substantially similar to “MY REWARDS” or any other My Rewards Mark including, without limitation, myrewards.com.au, atwork.com.au day2dayrewards.com.au, and benefits.plus with any search engine, domain service provider or any intellectual property office whatsoever. You shall not mention or use My Rewards in any ad text, extension, or banner ad without express written consent of My Rewards. All other trademarks not owned by My Rewards that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by My Rewards.

Community Standards

By creating a My Rewards account, you are becoming a member of a community that depends on the goodwill and responsible behaviour of each of our users. Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Services, the My Rewards Platforms, our employees, contractors or agents, our merchant partners, or other users. This includes communications by means of social media or other internet posts which violate the above community standards or promote or encourage gaming or fraudulent behaviour. Users who violate this provision, as determined by us in our absolute discretion, may have the accounts suspended or terminated without prior notice.

Indemnification

You agree to indemnify My Rewards, any merchant partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

Warranty Disclaimer

The Services, content, and the My Rewards Platforms are provided “as is” and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, currentness, completeness, reliability or validity of the Services, content or the My Rewards Platforms, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services. My Rewards does not warrant that the functionality of the My Rewards Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, My Rewards does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services. My Rewards disclaims all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall My Rewards be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, My Rewards’s maximum aggregate liability arising out of this agreement will not exceed AUD$100.

Governing Law and Arbitration

The Terms of Use are governed by the laws of Victoria, Australia. We and you submit to the non-exclusive jurisdiction of the courts of Victoria and any court that may hear appeals from any of those courts.

Assignment

You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.

Waivers / Severability

Any failure to enforce any provision of this Agreement on the part of My Rewards will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by My Rewards on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.

Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Pay and Touch ID are trademarks of Apple Inc. You acknowledge that the provisions above are solely between you and My Rewards, and not with Apple, Inc. My Rewards, not Apple, is solely responsible for My Rewards’s App and the content contained. You also acknowledge that your use of My Rewards’s App are subject to any additional restrictions set out in the Usage Rules for the Apple App Store Terms of Service as at the date you download My Rewards’s App. In the case of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the My Rewards Terms of Service, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.

The “Android” name, the Android logo, the “Google Play” brand, and other trademarks, are property of Google LLC (“Google”), registered in the U.S. and other countries. You acknowledge that the provisions above are solely between you and My Rewards, and not with Google. My Rewards, not Google, is solely responsible for My Rewards’s App and the content contained. You also acknowledge that your use of My Rewards’s App are subject to any additional restrictions set out in the Usage Rules for the Play Store Terms of Service as at the date you download My Rewards’s App. In the case of any conflict between the terms and conditions of the Usage Rules for the Play Store Terms of Service and the My Rewards Terms of Service, the terms and conditions of the Usage Rules for the Play Store Terms of Service will have precedence.

My Rewards may earn a commission or advertising fee when you shop via the My Rewards Platform.

Anti Money Laundering and Counter Terrorism Financing

1. You acknowledge that:
   1. we are subject to various Anti- Money Laundering and Counter-Terrorism Financing laws (AML/CTF) which include prohibitions against any person dealing with the proceeds of, or assets used in, criminal activity (wherever committed) and from dealing with any funds or assets of, or the provision of finance to, any person or entity involved (or suspected of involvement) in terrorism or any terrorist act; and
   2. the AML/CTF laws may prohibit us from offering services to you or entering into or conducting transactions with you.
2. You agree that we:
   1. are not required to accept or execute any instruction, or take any other action under, or in connection with, these Terms of Use if we are not satisfied as to your identity, or where we suspect on reasonable grounds that by doing so we may breach the AML/CTF laws;
   2. may delay, block or refuse to release any monies on your instructions, if we believe on reasonable grounds that to do so may breach any law in Australia or of any other country, including the AML/CTF laws; and
   3. will incur no liability to you for any loss you suffer (including consequential loss) however caused by reason of any action taken or not taken by us contemplated in this clause 7.
3. You agree to provide all information and documents to us which we reasonably require to comply with any law in Australia or any other country, including the AML/CTF laws and agree that we may disclose information which you provide to us, or about transactions you conduct, or seek to conduct, with us where we required are to do so by any such laws.
4. You undertake that the payment of monies in accordance with these Terms of Use or any instructions given by you will not breach the AML/CTF laws.

Entire Agreement

This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the My Rewards services or continued maintenance of an account with My Rewards shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

Reporting violations

To report a violation of this policy, please email us at info@myrewards.com.au or write to us at My Rewards International Ltd, Suite G02, 181 St Kilda Road, St Kilda Vic 3182, Australia.