Mornington Marketplace

Mornington Rewards is a rewards program operated by the Mornington Chamber Of Commerce. Mornington Rewards provides programs that drive local commerce between local merchants and local consumers. 

These Terms govern the Mornington Rewards program and contain important information, including disclaimers and limitations of liability.

1.  Application of these Terms

a. You agree to be bound by these Terms by checking the "I have read and understood the terms and conditions" box when registering for participation in the Program on the Mornington Rewards Website. If you do not accept these Terms, you will not be entitled to use the Program.

b. You agree that you have the necessary capacity to enter into a binding legal contract.

c. Mornington Rewards 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 Mornington 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 Mornington Rewards Website regularly for updated versions of the Terms. The Mornington Rewards program 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 be decided by the Mornington Rewards program to either be published on the Mornington Rewards Website or sent to the email address registered with the Program.

d. The use and operation of your Visa Card or Mastercard will also be subject to separate terms and conditions provided to you by your Card Issuer.

e. You agree that you have not relied on any matter that is not expressly stated in these Terms.

2.  The Program

The Program allows you to earn Cashback when using your Visa Card or Mastercard with participating Merchants.

3.  Registering for the Program

a. In order to register for the Program and remain registered for the Program, you must:

i. be an approved member of a Mornington Rewards program;

ii. provide the mandatory User Information required by Mornington Rewards program;

iii. register a valid Visa Card or Mastercard to your Mornington Rewards Account;

be an authorised holder and user of the Visa Card or Mastercard; and

iv. fully and validly complete the registration process.

b. You can register all of your Visa Card and Mastercard cards in the Program providing they are all in your name and issued by an Australian financial institution.

c. You must maintain and promptly update the User Information to keep it true, accurate, current and complete. It must include a current email address.

d. Your Mornington Rewards Account will be active upon registration and verification in accordance with these terms.

e. You represent and warrant that:

i. you are the individual identified in the registration and verification process;

ii. you are an authorised user of the Visa Card or Mastercard; and

iii. the User Information that you have provided to the Mornington Rewards program is true and correct.

f. If you provide any User Information that the Mornington Rewards program believes to be untrue, inaccurate, not current or incomplete, Mornington Rewards may suspend or terminate your 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 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 Mornington Rewards program Account. You are 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 Account.

i. If you believe that any of your User Information has been compromised, lost or misplaced, you must contact Mornington Rewards immediately.

j. Mornington Rewards reserves the right to refuse membership at its absolute discretion.

4.  Special conditions of use

a. In order to be eligible for cashback, you must:

i. make a purchase with a Participating Merchant;

ii.  use a Visa Card or Mastercard that is registered to a Mornington Rewards program Account; and

iii. if you make a purchase using electronic funds transfer at a physical terminal 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 or Mastercard is a credit card, debit card, or prepaid- reloadable card

b. You agree that cashback can only be applied to your Mornington Rewards program Account registered to your Visa Card or Mastercard. If a different credit, debit or prepaid-reloadable card is used which is not registered to the Mornington Rewards program Account, no cashback 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.

d. By registering a payment card in connection with transaction monitoring, you authorize the Mornington Rewards program or its agents to share your payment card information with either Visa Card or Mastercard (depending upon the registered card). You authorise Visa or Mastercard (depending upon the registered card) to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa or Mastercard to share such transaction details with Mornington Rewards to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by selecting the "opt out" link in "My details" within your Rewards Account or by contacting the program provider.

e. You agree your membership is not transferable, and remains the property of the Mornington Rewards program.

5.  Participating Merchants

a. You may only receive a Cashback 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 Mornington Rewards Website. It is your responsibility to check the Mornington Rewards Website regularly to ensure that you are aware of the latest Participating Merchants and Cashback Reward offerings.

c. All transactions using your Visa Card or Mastercard are with the Participating Merchant and not with Mornington Rewards. Mornington Rewards does not have any responsibility or obligation for the transaction with the Participating Merchant. Mornington Rewards does not endorse or warrant any goods or services of Participating Merchants.

6.  Fees and charges

a. There may be merchant fees and/or delivery fees for some goods/services which will be clearly displayed for the member to agree before the completion of that purchase. These fees if applicable vary depending on the particular merchant, good/service and payment method chosen.

b. Fees and charges are subject to change without notice, however will always be clearly displayed for the member to agree before the completion of that purchase.

7.  Cashback Reward

a. What is a Cashback Reward?

The Cashback Reward is not property and may not be transferred, sold, held on trust, bequeathed or inherited.

b. Receiving a Cashback Reward

i. The Cashback Reward is calculated on the amount of Australian dollars charged to your Visa Card or Mastercard, less any amounts referred to in clause 6b. The Cashback Reward is only calculated based on the any limitations as promoted in each offer.

ii.  You acknowledge that the Cashback Reward to which you are entitled may vary where you have entered into an agreement with third parties in relation to the Program.

iii. The Cashback to which you are entitled in any given transaction may depend on factors such as:

1. minimum spend;

2. maximum spend;

3. time of purchase;

4. number of purchases; and/or

5. a number of other targeted selection criteria.

iv.  The Cashback Reward will not be earned in respect of the following amounts that may be charged to your Visa Card or Mastercard:

1. interest and other bank fees and charges including without limitation foreign exchange conversion fees and reversals (and any GST payable on any of these);

2. excluded transactions;

3. balance transfers; and

4. payments in which you do not use the "credit" (CR) facility, including payments made through the Bpay® Electronic Payments Scheme.

 v. Subject to clauses 7a and 7b, you will receive the Cashback Reward to which you are entitled within 7-30 working days of the date on which the relevant transaction is settled by your Card Issuer and the Participating Merchant.

vi. You acknowledge that it is the responsibility of your Card Issuer and the Participating Merchant to settle transactions.

vii. You may not receive a Cashback Reward if:

1. your Visa Card or Mastercard is cancelled for any reason;

2. your Visa Card or Mastercard has been lost or stolen (until the registered lost or stolen card has been removed from your Mornington Rewards program Account and has been replaced and you update your Mornington Rewards program Account details in accordance with clause 7b;

3. your Visa Card or Mastercard has an expiry notification and you have not renewed your Visa or Mastercard (until you renew your Visa or Mastercard and update your Mornington Rewards Account details; or

4. Mornington Rewards reasonably suspects that you have breached these Terms or the terms and conditions associated with your Visa Card or Mastercard in any way.

5. In order to continue using the Program, you must ensure that your Mornington Rewards Program Account details reflect your current Visa and Mastercard number and expiry date. Replacement Visa and Mastercards must be re-registered to your existing Mornington Rewards Program Account. In the event that the circumstances referred to clauses 7bvii occur and you obtain a new Visa Card or Mastercard, you must update your Visa or Mastercard number in your Mornington Rewards Account (following the procedure on the Mornington Rewards Website).

viii. Any changes to your Mornington Rewards Program Account (including to your User Information and Visa Card or Mastercard number) will be updated by Mornington Rewards within 5 days.

c. Monitoring your Mornington Rewards Program Account and using Cashback Rewards

Your Cashback Reward balance will be visible when you have logged into your Mornington Rewards Program Account through the Rewards Website or any desktop or mobile application made available by Mornington Rewards or authorised third parties.

d. Refunds or returns and disputed transactions

i. Refunds or returns of goods or services purchased by you will trigger a reversal of the relevant Cashback Reward associated with that transaction.

ii. Where a refund or return of goods or services occurs after a Cashback Reward has been claimed as a Cash Settlement, the Cash Settlement amount will become a debt due and payable from you to Mornington Rewards Program immediately (Debt). A reversal of the relevant Cashback Reward associated with that transaction will occur, your Rewards Account will be debited by the relevant reversed Cashback Reward, and the debit will be offset against other Cashback Rewards in your Rewards Account including Cashback Rewards you may earn in the future. Rewards may also recover the balance of the Debt from you directly and immediately upon request.

iii. If your Visa Card or Mastercard is credited in connection with a disputed transaction, the Mornington Rewards Program will adjust your Cashback Reward total by deducting any Cashback 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 or Mastercard).

iv. If you fail to comply with clause 6.b(ii):

1.  Mornington Rewards Program may suspend your account immediately;

2.  Mornington Rewards Program may liaise with your Card Issuer and other relevant third parties in order to recover the Debt; and

3.  Mornington Rewards Program may take any other necessary action in order to recover the Debt.

e. Transferring Cashback Rewards

i. Cashback Rewards cannot be transferred between different Mornington Rewards Program Accounts.

ii. Cash Settlements cannot be settled to an account other than the Visa Card or Mastercard Account.

iii. Replacement Visa Cards and Mastercards must be re-registered to your existing Mornington Rewards Program Account in accordance with clause 7b(viii). Please log on to your Mornington Rewards Program Account to register a replacement Visa Card or Mastercard.

8.  Termination or expiry of the Program

a. Mornington Rewards may suspend your Mornington Rewards Program Account and your participation in the Program and/or terminate these Terms and your Account by giving you notice with immediate effect that you have breached these Terms.

b. You may terminate your Mornington Rewards Program Account for any reason by selecting the "opt out" link in "My details" within your Mornington Rewards Program Account or by Contacting us.

c. If Mornington Rewards terminates these Terms and your Mornington Rewards Program Account in accordance with clause 8(a) or 8(b), all of your Cashback Rewards will vest in the Mornington Rewards Program.

d. Mornington Rewards may terminate your Mornington Rewards Program Account and/or the Program for any reason at any time by giving you 7 days' prior notice via the Mornington Rewards Website. Any Cashback Reward within your Mornington Rewards Program Account will be transferred as a Cash Settlement to your Visa Card or Mastercard Account, or to your Mornington Rewards Program Account whichever is the accepted normal process.

9. Registration in Multiple Rewards Programs

In the event that you have registered a valid Visa Card or Mastercard to more than one Mornington Rewards program and you make a purchase with a Participating Merchant that is also registered to more than one Mornington Rewards Programs, a Cashback Reward will be paid for only one Mornington Rewards Program.

The Mornington Rewards Program for which you will receive the Cashback Reward from will be determined on the following basis:

1) The Mornington Rewards Program that provides the highest Cashback Reward; and

2) If the Mornington Rewards Program’s provide the same Cashback Reward value, then either may be chosen at the discretion of Mornington Rewards.

10.  Privacy

Any personal information, including your User Information, submitted by you to Mornington Rewards is subject to and will be handled in accordance with Mornington Rewards Privacy Policy. The Privacy Policy forms part of these Terms. You agree that, by accepting these Terms, using the Program or communicating with Mornington Rewards you have read the Program Operator's Privacy Policy, understood its contents and consented to its requirements..

11.  Intellectual property

All intellectual property rights (including copyright, trademarks and patents) in the Program, or any promotion of the Program by Mornington Rewards and all components of them are owned by, or licensed by, Mornington Rewards Program 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 Mornington Rewards Program.

12.  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 Australian Consumer Law (“ACL”) or any other applicable law that cannot be excluded, restricted or modified by agreement.

b. Subject to clause 12a and to the extent permitted by law, Mornington Rewards Program excludes all warranties, whether express or implied, including any warranties or representations:

i. that the Program will be rendered with due care and skill;

ii. concerning the availability of the Program; and

iii. concerning the quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Program

c. Subject to clause 12a and to the extent permitted by law, the maximum liability of  the Mornington Rewards Program 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 Cashback Reward in your Mornington Rewards Program Account (as determined by Mornington Rewards) in relation to the transaction in which the claim arises. You must make any such claim within 3 months of the date of the transaction and waive your rights to make such claims thereafter.

d. Mornington Rewards’ 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 12(d), you acknowledge and agree that the services supplied by the Mornington Rewards Program are limited to the Program, and that the particular purpose of Mornington Rewards Program services is limited to the purpose outlined in these Terms.

f. To the extent permitted by law, the Mornington Rewards Program 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 the Mornington Rewards Program and its employees, agents or contractors will be AU$ in the aggregate of all claims.

h. Subject to clause 12(a) and to the extent permitted by law, Mornington Rewards Program 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:

i. you (for example, through your negligence or breach of contract);

ii. your failure to reasonably mitigate your loss; or

iii. events outside of Mornington Rewards Program control

i. Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law (ACL).

13.  Indemnity

You indemnify Mornington Rewards Program 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 Mornington Rewards Program Account, including by third parties; and

d. any claims that may be brought against Mornington Rewards Program or which Mornington Rewards Program must pay, sustain or incur as a direct or indirect result of the use by Mornington Rewards Program of your User Information.

14.  Force majeure

Mornington Rewards Program 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.

15.  Interpretation

ACL means the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Cashback Reward means the value of cash-back rewards that are registered to your Rewards Account, based on qualifying transactions using your Visa or Mastercard with Participating Merchants.

Cash Settlement means the Australian dollar amount of any Cashback Reward that is deposited into your Visa or Mastercard Account or Client Account in accordance with these Terms.

Excluded Transactions means any transaction where you:

i. draw cash from the Visa Card or Mastercard Account linked to the Visa Card or Mastercard using an automatic teller machine, at a financial institution or from a Participating Merchant;

ii. receive from a Participating Merchant a cash substitute (including, but not limited to, using your Visa Card or Mastercard to purchase gambling chips or tokens, travellers' cheques or money orders, gift certificates or to load value to a stored value card or facility);

iii. use the Visa Card or Mastercard 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 or Mastercard; or

iv. use the Visa Card or Mastercard account to pay bills over the counter at a financial institution.

Mastercard means the authorised Mastercard prepaid-reloadable, debit or credit card (excluding prepaid Mastercard gift cards) with a unique Mastercard number registered to your Rewards Account, which has been issued by an Australian Card Issuer.

Mastercard Account means the Mastercard account linked to your Mastercard by your Card Issuer.

Participating Merchants means merchants and retailers who participate in the Program from time to time by providing a Cashback Reward. A full list of current Participating Merchants can be found at the Mornington Rewards Website.

Privacy Policy means the Mornington Rewards privacy policy on how it collects, uses and discloses your personal information set out at the My Community website

Program means the Rewards Program.

The Program Operator means Mornington Rewards and its controlled entities and its agents.

Rewards Account means your registered account with the Mornington Rewards Program, which enables you to use the Program and where your Cashback Rewards are recognised.

Rewards means the Cashback Reward (see above).

Terms means the applicable terms & conditions of use as referred to within this document and other websites or documents referred to within it.

User Information means any information that Mornington Rewards Program may request and that you provide to Mornington Rewards Program including your email address, phone number and other personal information, Visa Card number, Mastercard number, username (which the Mornington Rewards Program 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 Mornington Rewards Program Account, which has been issued by an Australian Card Issuer.

Visa Card Account means the Visa account linked to your Visa Card by your Card Issuer.

a. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of Victoria, 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.

b. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

16.  Contact us

If you have questions about the Program, please read the Frequently Asked Questions section of the Mornington Rewards Website or contact us.

[program_name] is a rewards program that drives local commerce between local merchants and local consumers. 

These Terms govern the [program_name] program and contain important information, including disclaimers and limitations of liability.

1.  Application of these Terms

a. You agree to be bound by these Terms by checking the "I have read and understood the terms and conditions" box when registering for participation in the Program on the [program_name] Website. If you do not accept these Terms, you will not be entitled to use the Program.

b. You agree that you have the necessary capacity to enter into a binding legal contract.

c. [program_name] 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 [program_name] Website. By continuing to use the Program, you agree to be bound by the most recent Terms. It is your responsibility to check the [program_name] Website regularly for updated versions of the Terms. The [program_name] program 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 be decided by the [program_name] program to either be published on the [program_name] Website or sent to the email address registered with the Program.

d. The use and operation of your Visa Card or Mastercard will also be subject to separate terms and conditions provided to you by your Card Issuer.

e. You agree that you have not relied on any matter that is not expressly stated in these Terms.

2.  The Program

The Program allows you to earn Cashback when using your Visa Card or Mastercard with participating Merchants.

3.  Registering for the Program

a. In order to register for the Program and remain registered for the Program, you must:

i. be an approved member of a [program_name] program;

ii. provide the mandatory User Information required by [program_name] program;

iii. register a valid Visa Card or Mastercard to your [program_name] Account;

be an authorised holder and user of the Visa Card or Mastercard; and

iv. fully and validly complete the registration process.

b. You can register all of your Visa Card and Mastercard cards in the Program providing they are all in your name and issued by an Australian financial institution.

c. You must maintain and promptly update the User Information to keep it true, accurate, current and complete. It must include a current email address.

d. Your [program_name] Account will be active upon registration and verification in accordance with these terms.

e. You represent and warrant that:

i. you are the individual identified in the registration and verification process;

ii. you are an authorised user of the Visa Card or Mastercard; and

iii. the User Information that you have provided to the [program_name] program is true and correct.

f. If you provide any User Information that the [program_name] program believes to be untrue, inaccurate, not current or incomplete, [program_name] may suspend or terminate your 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 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 [program_name] program Account. You are 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 Account.

i. If you believe that any of your User Information has been compromised, lost or misplaced, you must contact [program_name] immediately.

j. [program_name] reserves the right to refuse membership at its absolute discretion.

4.  Special conditions of use

a. In order to be eligible for cashback, you must:

i. make a purchase with a Participating Merchant;

ii.  use a Visa Card or Mastercard that is registered to a [program_name] program Account; and

iii. if you make a purchase using electronic funds transfer at a physical terminal 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 or Mastercard is a credit card, debit card, or prepaid- reloadable card

b. You agree that cashback can only be applied to your [program_name] program Account registered to your Visa Card or Mastercard. If a different credit, debit or prepaid-reloadable card is used which is not registered to the [program_name] program Account, no cashback 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.

d. By registering a payment card in connection with transaction monitoring, you authorize the [program_name] program or its agents to share your payment card information with either Visa Card or Mastercard (depending upon the registered card). You authorise Visa or Mastercard (depending upon the registered card) to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa or Mastercard to share such transaction details with [program_name] to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by selecting the "opt out" link in "My details" within your Rewards Account or by contacting the program provider.

e. You agree your membership is not transferable, and remains the property of the [program_name] program.

5.  Participating Merchants

a. You may only receive a Cashback 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 [program_name] Website. It is your responsibility to check the [program_name] Website regularly to ensure that you are aware of the latest Participating Merchants and Cashback Reward offerings.

c. All transactions using your Visa Card or Mastercard are with the Participating Merchant and not with [program_name]. [program_name] does not have any responsibility or obligation for the transaction with the Participating Merchant. [program_name] does not endorse or warrant any goods or services of Participating Merchants.

6.  Fees and charges

a. There may be merchant fees and/or delivery fees for some goods/services which will be clearly displayed for the member to agree before the completion of that purchase. These fees if applicable vary depending on the particular merchant, good/service and payment method chosen.

b. Fees and charges are subject to change without notice, however will always be clearly displayed for the member to agree before the completion of that purchase.

7.  Cashback Reward

a. What is a Cashback Reward?

The Cashback Reward is not property and may not be transferred, sold, held on trust, bequeathed or inherited.

b. Receiving a Cashback Reward

i. The Cashback Reward is calculated on the amount of Australian dollars charged to your Visa Card or Mastercard, less any amounts referred to in clause 6b. The Cashback Reward is only calculated based on the any limitations as promoted in each offer.

ii.  You acknowledge that the Cashback Reward to which you are entitled may vary where you have entered into an agreement with third parties in relation to the Program.

iii. The Cashback to which you are entitled in any given transaction may depend on factors such as:

1. minimum spend;

2. maximum spend;

3. time of purchase;

4. number of purchases; and/or

5. a number of other targeted selection criteria.

iv.  The Cashback Reward will not be earned in respect of the following amounts that may be charged to your Visa Card or Mastercard:

1. interest and other bank fees and charges including without limitation foreign exchange conversion fees and reversals (and any GST payable on any of these);

2. excluded transactions;

3. balance transfers; and

4. payments in which you do not use the "credit" (CR) facility, including payments made through the Bpay® Electronic Payments Scheme.

 v. Subject to clauses 7a and 7b, you will receive the Cashback Reward to which you are entitled within 7-30 working days of the date on which the relevant transaction is settled by your Card Issuer and the Participating Merchant.

vi. You acknowledge that it is the responsibility of your Card Issuer and the Participating Merchant to settle transactions.

vii. You may not receive a Cashback Reward if:

1. your Visa Card or Mastercard is cancelled for any reason;

2. your Visa Card or Mastercard has been lost or stolen (until the registered lost or stolen card has been removed from your [program_name] program Account and has been replaced and you update your [program_name] program Account details in accordance with clause 7b;

3. your Visa Card or Mastercard has an expiry notification and you have not renewed your Visa or Mastercard (until you renew your Visa or Mastercard and update your [program_name] Account details; or

4. [program_name] reasonably suspects that you have breached these Terms or the terms and conditions associated with your Visa Card or Mastercard in any way.

5. In order to continue using the Program, you must ensure that your [program_name] Program Account details reflect your current Visa and Mastercard number and expiry date. Replacement Visa and Mastercards must be re-registered to your existing [program_name] Program Account. In the event that the circumstances referred to clauses 7bvii occur and you obtain a new Visa Card or Mastercard, you must update your Visa or Mastercard number in your [program_name] Account (following the procedure on the [program_name] Website).

viii. Any changes to your [program_name] Program Account (including to your User Information and Visa Card or Mastercard number) will be updated by [program_name] within 5 days.

c. Monitoring your [program_name] Program Account and using Cashback Rewards

Your Cashback Reward balance will be visible when you have logged into your [program_name] Program Account through the Rewards Website or any desktop or mobile application made available by [program_name] or authorised third parties.

d. Refunds or returns and disputed transactions

i. Refunds or returns of goods or services purchased by you will trigger a reversal of the relevant Cashback Reward associated with that transaction.

ii. Where a refund or return of goods or services occurs after a Cashback Reward has been claimed as a Cash Settlement, the Cash Settlement amount will become a debt due and payable from you to [program_name] Program immediately (Debt). A reversal of the relevant Cashback Reward associated with that transaction will occur, your Rewards Account will be debited by the relevant reversed Cashback Reward, and the debit will be offset against other Cashback Rewards in your Rewards Account including Cashback Rewards you may earn in the future. Rewards may also recover the balance of the Debt from you directly and immediately upon request.

iii. If your Visa Card or Mastercard is credited in connection with a disputed transaction, the [program_name] Program will adjust your Cashback Reward total by deducting any Cashback 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 or Mastercard).

iv. If you fail to comply with clause 6.b(ii):

1.  [program_name] Program may suspend your account immediately;

2.  [program_name] Program may liaise with your Card Issuer and other relevant third parties in order to recover the Debt; and

3.  [program_name] Program may take any other necessary action in order to recover the Debt.

e. Transferring Cashback Rewards

i. Cashback Rewards cannot be transferred between different [program_name] Program Accounts.

ii. Cash Settlements cannot be settled to an account other than the Visa Card or Mastercard Account.

iii. Replacement Visa Cards and Mastercards must be re-registered to your existing [program_name] Program Account in accordance with clause 7b(viii). Please log on to your [program_name] Program Account to register a replacement Visa Card or Mastercard.

8.  Termination or expiry of the Program

a. [program_name] may suspend your [program_name] Program Account and your participation in the Program and/or terminate these Terms and your Account by giving you notice with immediate effect that you have breached these Terms.

b. You may terminate your [program_name] Program Account for any reason by selecting the "opt out" link in "My details" within your [program_name] Program Account or by Contacting us.

c. If [program_name] terminates these Terms and your [program_name] Program Account in accordance with clause 8(a) or 8(b), all of your Cashback Rewards will vest in the [program_name] Program.

d. [program_name] may terminate your [program_name] Program Account and/or the Program for any reason at any time by giving you 7 days' prior notice via the [program_name] Website. Any Cashback Reward within your [program_name] Program Account will be transferred as a Cash Settlement to your Visa Card or Mastercard Account, or to your [program_name] Program Account whichever is the accepted normal process.

9. Registration in Multiple Rewards Programs

In the event that you have registered a valid Visa Card or Mastercard to more than one [program_name] program and you make a purchase with a Participating Merchant that is also registered to more than one [program_name] Programs, a Cashback Reward will be paid for only one [program_name] Program.

The [program_name] Program for which you will receive the Cashback Reward from will be determined on the following basis:

1) The [program_name] Program that provides the highest Cashback Reward; and

2) If the [program_name] Program’s provide the same Cashback Reward value, then either may be chosen at the discretion of [program_name].

10.  Privacy

Any personal information, including your User Information, submitted by you to [program_name] is subject to and will be handled in accordance with [program_name] Privacy Policy. The Privacy Policy forms part of these Terms. You agree that, by accepting these Terms, using the Program or communicating with [program_name] you have read the Program Operator's Privacy Policy, understood its contents and consented to its requirements..

11.  Intellectual property

All intellectual property rights (including copyright, trademarks and patents) in the Program, or any promotion of the Program by [program_name] and all components of them are owned by, or licensed by, [program_name] Program 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 [program_name] Program.

12.  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 Australian Consumer Law (“ACL”) or any other applicable law that cannot be excluded, restricted or modified by agreement.

b. Subject to clause 12a and to the extent permitted by law, [program_name] Program excludes all warranties, whether express or implied, including any warranties or representations:

i. that the Program will be rendered with due care and skill;

ii. concerning the availability of the Program; and

iii. concerning the quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Program

c. Subject to clause 12a and to the extent permitted by law, the maximum liability of  the [program_name] Program 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 Cashback Reward in your [program_name] Program Account (as determined by [program_name]) in relation to the transaction in which the claim arises. You must make any such claim within 3 months of the date of the transaction and waive your rights to make such claims thereafter.

d. [program_name]’ 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 12(d), you acknowledge and agree that the services supplied by the [program_name] Program are limited to the Program, and that the particular purpose of [program_name] Program services is limited to the purpose outlined in these Terms.

f. To the extent permitted by law, the [program_name] Program 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 the [program_name] Program and its employees, agents or contractors will be AU$ in the aggregate of all claims.

h. Subject to clause 12(a) and to the extent permitted by law, [program_name] Program 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:

i. you (for example, through your negligence or breach of contract);

ii. your failure to reasonably mitigate your loss; or

iii. events outside of [program_name] Program control

i. Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law (ACL).

13.  Indemnity

You indemnify [program_name] Program 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 [program_name] Program Account, including by third parties; and

d. any claims that may be brought against [program_name] Program or which [program_name] Program must pay, sustain or incur as a direct or indirect result of the use by [program_name] Program of your User Information.

14.  Force majeure

[program_name] Program 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.

15.  Interpretation

ACL means the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Cashback Reward means the value of cash-back rewards that are registered to your Rewards Account, based on qualifying transactions using your Visa or Mastercard with Participating Merchants.

Cash Settlement means the Australian dollar amount of any Cashback Reward that is deposited into your Visa or Mastercard Account or Client Account in accordance with these Terms.

Excluded Transactions means any transaction where you:

i. draw cash from the Visa Card or Mastercard Account linked to the Visa Card or Mastercard using an automatic teller machine, at a financial institution or from a Participating Merchant;

ii. receive from a Participating Merchant a cash substitute (including, but not limited to, using your Visa Card or Mastercard to purchase gambling chips or tokens, travellers' cheques or money orders, gift certificates or to load value to a stored value card or facility);

iii. use the Visa Card or Mastercard Account to pay bills through a third party (such as Bpay®) where the Participating Merchant whose

Our Commitment

Mornington Rewards is a program operated by the Mornington Chamber Of Commerce for Mornington Rewards members. Mornington Rewards considers the protection and maintenance of your personal information to be of the utmost importance.

Mornington Rewards take very seriously the ongoing trust that you place in us to protect your personal information. When handling your personal information Mornington Rewards are bound and committed to complying with the Australian Privacy Principles in the Privacy Act 1988. This Privacy Policy outlines how Mornington Rewards deal with your personal information as well as our legal obligations and rights as to that information.

Personal Information

Personal information is information that may identify you or by which your identity may be reasonably determined. Such personal information may include your name, address, other contact details, your date of birth, and mobile number.

Why does Mornington Rewards need your personal information? 

Mornington Rewards will only ask for personal information relevant to our business relationship with you. Mornington Rewards will tell you the main reasons for asking for your personal information when Mornington Rewards seeks it from you. If you do not provide some personal information, Mornington Rewards may not be able to provide you with the products or services you want.

The main reasons why Mornington Rewards will seek personal information from you are:

• to check your eligibility for or to provide you with Mornington Rewards;
• to provide you with information relevant to the services and offers you want
• to assist you with your inquiries or concerns;
• to verify your identity and undertake customer due diligence;
• for any other purpose required or authorised by law.

Mornington Rewards may also ask for your personal information because Mornington Rewards is obliged to collect it for legal purposes under the Financial Transaction Reports Act 1988 and the new Anti-Money Laundering and Counter-Terrorism Financing Act 2006. These Acts require us to ask you for information to check your identity (for instance, by referring to your passport, birth certificate or driver’s licence). Mornington Rewards will not use any information collected under these Acts for any other purpose.

How does Mornington Rewards collect information?

Mornington Rewards collects personal information directly from you. Mornington Rewards may do this when you contact us, visit our website or if Mornington Rewards contacts you via phone.

How does Mornington Rewards store your personal information?

Mornington Rewards store your personal information in a number of ways including:

• in computer systems or databases;
• in hard copy or paper files

Does Mornington Rewards ever disclose your information to 3^rd parties?

Mornington Rewards may disclose your personal information to third parties where they help us with our business, or you request or consent to do so. Where your personal information is disclosed to third parties, Mornington Rewards will seek to ensure that the information is held, used or disclosed consistently with the Australian Privacy Principles in the Privacy Act 1988. 

Types of third parties include:

• parties involved in providing, managing or administering your Mornington Rewards relationship such as third party suppliers, printers, postal services, email and SMS delivery providers, authorised representatives and our legal, tax, audit and accountancy advisers;
• parties maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our computer systems;
• alliance partners;
• parties involved in the payments system including financial institutions, merchants and payment organisations.

Mornington Rewards may also disclose your personal information to third parties in circumstances where:

• Mornington Rewards must fulfil our legal obligations (for example, disclosure to Australian (and international) enforcement bodies such as the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), the Australian Transaction Reports and Analysis Centre (AUSTRAC), Centrelink or the Courts);
• it can be reasonably inferred from the circumstances that you consent to your personal information being disclosed to a third party.

Mornington Rewards may also send your personal information outside Australia where, for example:

• you have requested or consented that Mornington Rewards send your personal information;
• Mornington Rewards outsources a function or service to an overseas contractor with whom Mornington Rewards has a contractual arrangement; and
• it is necessary to investigate or facilitate a transaction on your behalf.

Mornington Rewards will not send your personal information outside Australia unless it is authorised by law and Mornington Rewards is satisfied that the recipient of the personal information has adequate data protection arrangements in place.

Marketing and your personal information

Mornington Rewards uses personal information to provide services and products that may be of interest to you.  Mornington Rewards may contact you by email, text message, phone or by post to advise you of program benefits and promotions.  If you receive a marketing message from us, you can opt-out by following the instructions in that message. 

In general, Mornington Rewards uses personal information for marketing for the following purposes:

• to communicate offers relating to services and products that Mornington Rewards think may be of interest to you (unless otherwise requested)
• to advise of ways to best use our service
• to develop processes, products and services to better meet your needs 
• for our internal research and data analytics.

It is our policy not to sell or pass any personal information to any other organisations (outside our group companies) unless Mornington Rewards is required to do so for fraud prevention and detection. Mornington Rewards will never sell or rent your personal information to anyone else for their marketing purposes without your consent. 

What are cookies and why does Mornington Rewards use them?

A cookie is a piece of data stored on a user's computer hard drive, containing information about that user. A cookie can only be accessed across the Internet by the website that placed it there. Cookies are used by Mornington Rewards to help us improve the content and functioning of our website.

Mornington Rewards also uses cookies to help us process a request by you to follow a link from our website to the websites of third parties. The personal information that is disclosed to the third party website operator is limited to the information collected by these cookies. An example of this is to ensure that payment for qualifying transactions can be made,

You may choose to reject a cookie that the Mornington Rewards website attempts to place on your computer, however you may then be limited in your use of some areas of the website. The use of cookies in this way is wide-spread and commonly accepted by the Internet community. 

Why does Mornington Rewards record IP Addresses? 

When a user joins Mornington Rewards, our computers may record their IP address. In the event that Mornington Rewards detects fraud or abuse of our program or our website and computers, Mornington Rewards may use the IP address of the offender to take action against them. Ultimately this ensures greater protection for you and your personal information. 

What is "spam" and does Mornington Rewards send it? 

The widely accepted definition of "spam" is unsolicited commercial email, or in other words, email of a commercial nature that the recipient does not want. Mornington Rewards does not send "spam". This is because when you join Mornington Rewards, you agree to allow us to send to you commercial advertising that is relevant to the product and services Mornington Rewards offers. 

How does Mornington Rewards protect personal information?

Mornington Rewards takes all reasonable precautions to protect your personal information, whether it is stored in hard copy or electronic form from loss, unauthorised access, modification and unauthorised disclosure. Your personal information is only accessible by you and by those who are authorised to access it. Our employees and third parties who Mornington Rewards deals with are bound by confidentiality obligations.

Hard copy documents are secured on our premises and at archive sites by locks and security systems. Whenever possible, hard copy documents are returned to you and not kept on our premises.

Electronic data is protected by up-to-date computer and network security systems with appropriate firewalls, encryption technology, virus software and access passwords.

Mornington Rewards also seeks to ensure that confidential face-to-face discussions between you and us occur in a secure environment.

Depending on any legal obligations to retain your personal information for a certain period of time, if Mornington Rewards does not require your personal information, Mornington Rewards will take reasonable steps to destroy it in a secure manner or by removing identifying features from it.

Is our website secure? 

Mornington Rewards appreciates that you may have concerns in relation to the confidentiality and security of your personal information on the internet. Therefore, Mornington Rewards has implemented systems to ensure that your personal information is secure and confidential when you access our website or my account.

When Mornington Rewards collects your personal information over the internet, it proceeds via our secure server utilising encryption technology. This helps to protect against unauthorised access to your personal information over the Internet. Your stored personal information is also protected from unauthorised access through the use of multiple firewalls, secure passwords and sign-in processes.

While our website rely on the highest levels of technology to ensure maximum security, no data transmission over the internet can be guaranteed to be totally secure.

To assist us in protecting your personal information, Mornington Rewards expects you to keep confidential your access passwords at all times, to destroy any documentation Mornington Rewards sends to you containing your access passwords and to ensure you log out properly when you leave your computer and take appropriate steps to ensure security of your information

How can you access your personal information?

Mornington Rewards maintains the integrity of your personal information by taking reasonable steps to ensure that the information collected, used and disclosed is accurate, complete and up-to-date.

You may access your personal information at any time via email: info@morningtonrewards.com.au

In the event that you make a request to access personal information that has been archived, Mornington Rewards may charge you a fee. The fee will be discussed with you prior to us actioning your request. Mornington Rewards is unable to give you access to your personal information if Mornington Rewards is prevented by law or if access would reveal personal information of another person.

Does Mornington Rewards ever change our privacy policy?

From time to time, Mornington Rewards may need to review our Privacy Policy. Mornington Rewards reserves the right to change our Privacy Policy at any time and to notify you by posting an updated version on our website. 

Any questions about our policy?

If you have any concerns or questions about our Privacy Policy, or the way in which Mornington Rewards manages your personal information, including if you think Mornington Rewards has breached the Australian Privacy Principles of the Privacy Act 1988, you may contact us by email: info@morningtonrewards.com.au

You may also obtain further information about privacy (including general privacy information, answers to frequently asked questions and links to the 10 National Privacy Principles) on the Office of the Privacy Commissioner’s website at www.privacy.gov.au. Alternatively, you may write to The Office of the Privacy Commissioner, GPO Box 5218, Sydney, New South Wales, 2001.