1. INTRODUCTION
1.1. These Terms and Conditions (“T&Cs”) form the basis of the Childcare Saver program, a reward program through which Childcare Saver Pty Ltd ACN 637 905 536 (Childcare Saver) (referred to hereafter as “we”, “us” or “our”) partners with some of Australia's largest retailers to provide benefits to members.
1.2. Every member of the Childcare Saver program is bound by these T&Cs. It is the responsibility of the member to read and understand them.
1.3. By accessing the Childcare Saver progressive web application (app), registering for an account, shopping at one of the participating retailers or accessing a retail offer through the app, or accruing rewards by form of a cashback, you agree that the T&Cs will apply to you in respect of the Childcare Saver program.
1.4. The T&Cs are effective from the date specified above and may be amended by Childcare Saver from time to time. Members will be directed to a copy of the T&Cs at the time of downloading the app and material changes will be notified to members in accordance with clause 9.
2. MEMBERSHIP
2.1. To be eligible to join the Childcare Saver program as a member who can earn rewards (Primary Member), you must:
a) be an individual;
b) have a valid email address and mobile phone number;
c) use a compatible smartphone or desktop with available internet access;
d) have joined the Childcare Saver program prior to 24 August 2023.
2.2. If you are under the age of 18, you need the consent of your parent or guardian to join as a Primary Member or Referred Member.
2.3. Each Primary Member may only apply for and use one Childcare Saver account.
2.4. The Primary Member can refer family or friends (Secondary Members) who can register to accrue savings into the Primary Member’s account.
2.5. Redemption of accrued cashbacks can be made by the Primary Member only. Secondary Members will not receive payments or other benefits from participation in the Childcare Saver program.
2.6. Primary Members or Secondary Members can register as a member by:
a) accessing the Childcare Saver app on their mobile phone or desktop;
b) registering for an account on the app, that shall be linked to a Primary Member account.
2.7. Joining is free and there are no “out of pocket” expenses to continue as a member. The cost to convert accrued rewards into a retailer card will be covered by Childcare Saver but Childcare Saver reserve the right to change this at any time.
2.8. If you choose not to register yourself as a member, you will not be able to take advantage of the Childcare Saver program.
2.9. Members may, at any time, cancel their membership through the Childcare Saver app or by clicking here.
2.10. Childcare Saver may refuse or revoke the memberships of any Primary Member or Secondary Member or any request to add a Secondary Member at any time and for any reason.
3. EARNING CASHBACKS
3.1. When the Primary Member or Secondary Members make a qualifying purchase, the Primary Member will start accruing cashbacks as offered by the participating retailers.
3.2. Accrued cashbacks are shown on the Primary Member’s app after the Primary or Secondary Members make an eligible purchase in accordance with these T&Cs and the terms and conditions of participating retailers.
3.3. Except as stated in these T&Cs or in the terms and conditions of offers made by participating retailers, there is no limit to how much members can shop. The more registered members shop with our participating retailers within the app, the more cashbacks the Primary Members earn.
3.4. Members should check the terms and conditions of the participating retailer’s offer from within the app before shopping. To take advantage of online offers, members will be required to access the participating retailer’s store via the Childcare Saver app and follow the instructions provided through the app.
3.5. Cashbacks may not be credited to your account immediately and may take up to fourteen days for certain retailers. If this time has lapsed and your cashback is not showing in your account, you will be able to submit a claim via the Contact Us form and Childcare Saver will investigate that transaction for you directly with the retailer after 14 days. Participating retailers may have different periods before cashbacks are paid. However, the Primary Member’s account will show on their app both cleared and pending cashback funds. The Primary Member will be able to cash out any amount earned from the program over $10 from cleared funds.
4. ENJOYING REWARDS & WITHDRAWING FUNDS
4.1. Rewards will be made available for redemption by the Primary Member when the rewards balance goal of $10 or more is met. If the cashback balance has not reached a minimum of $10, withdrawal functionality is not available.
4.2. The cashback status for members will be updated according to the following:
a) Approved: These are cleared rewards from the participating retailer. This will occur when the retailer has settled the rewards with Childcare Saver.
b) Pending: These rewards have not yet cleared from the participating retailer.
4.3. Where an app user has received a cashback from a retail purchase and then returns the item and receives a partial or full refund, the merchant notifies Childcare Saver of the return and the debit is applied to the Primary Member’s account. If a Primary Member account falls in to arrears, any future rewards accrued will first be deducted off the debit balance until that Primary Member falls in to positive balance again. Members can see the total cashbacks accrued by logging in to the Childcare Saver app and checking the cashback balance on their dashboard. The displayed balance is an estimate only, and to the maximum extent permitted by law we do not guarantee the accuracy of the displayed balance.
4.4. Primary Members may also (subject to 4.2) redeem accrued cashbacks for a Digital Prepaid Mastercard® (s). There is no guarantee that the Digital Prepaid Mastercard® will always be available.
5. PRIVACY AND SECURITY
5.1. Personal information is not accessible by any third parties and all data is stored and backed up on Australian AWS servers managed by Think Wink Pty Ltd.
5.2. We will take all reasonable precautions and measures to maintain the security and privacy of your personal information and data. However, breaches of security are still possible. Therefore, we cannot guarantee that your information will be completely secure, and to the maximum extent permitted by law we cannot be held liable for any loss or damage arising out of a breach of security.
5.3. How we collect, hold, disclose and otherwise use your personal information is set out in our Privacy Policy available at http://www.childcaresaver.com/privacy-policy. These T&Cs incorporate our Privacy Policy. Childcare Saver may amend the terms of the Privacy Policy from time to time. By registering as a Childcare Saver member, you acknowledge you have and will be taken to have read and accepted the Privacy Policy, and understand and agree that we will collect, use, hold and disclose your personal information in accordance with its terms.
5.4. We may from time to time collect information (including personal information) about you, and you consent and authorise us and our service providers to collect that information, including:
a) information provided by you via the app (including updates to your personal details) and in relation to your use of the app;
b) information provided by participating retailers and/or our service providers concerning transactions and other information about your participation in the Childcare Saver program;
c) information regarding your general engagement in the Childcare Saver program;
d) information regarding your rewards; and
e) information from other sources for the purposes of the Childcare Saver program or to assist you to obtain benefits from membership and/or use of the Childcare Saver program or to assist us to provide services or benefits to you that we think you will be interested in.
5.5. We collect, hold, use and disclose your personal information primarily to fulfil our business functions and activities as described in our Privacy Policy, and you consent and authorise us and our service providers to collect, hold, use and disclose that information for the purposes described in our Privacy Policy, and for the following purposes:
a) to operate, conduct and administer the Childcare Saver program;
b) facilitate member participation in the Childcare Saver program and to provide members with the benefits of this program;
c) provide you with the functionalities of the Childcare Saver app, and optimise your user experience including to better understand your requirements and preferences for using the app;
d) to confirm the eligibility of transactions for rewards under the Service;
e) identify suspicious transactions and to detect and prevent fraud;
f) facilitate the provision of updates; and
g) for any other purpose which it would be reasonable to expect that we would collect, hold, use and disclose your information for.
5.6. In addition, you hereby provide your express consent for our service provider to monitor your registered Childcare saver account for purchase transactions that appear to be eligible to earn cashbacks for the purposes of the Childcare Saver program and providing you with the applicable rewards for those transactions as described in these T&Cs.
5.7. If you do not want us to collect, use or disclose the information described above in this clause 5, you should not become a member of the Childcare Saver program or should terminate your membership.
6. CHILDCARE SAVER APP
6.1. The Childcare Saver app is a progressive web application. Childcare Saver cannot guarantee complete working functionality for all versions.
6.2. We may at any time for any reason and without notice modify, suspend, withdraw or terminate operation of or access to the app including any functionalities. We may also upgrade the app for fixes, and to add support for new functions or services.
6.3. You will not, nor will you allow third parties on your behalf to:
(i) make and distribute copies of the app;
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the app; or
(iii) create any kind of derivative works of the app.
6.4. Other than those implied by law and which cannot be excluded, the app is provided "as is" and "as available" without warranty of any kind. We will use reasonable efforts to make the app available at all times, however the quality and availability of the app may be affected by factors outside our reasonable control such as your internet connection or other network issues.
6.5. All intellectual property rights in the app, Childcare Saver website, or in communications sent to you by Childcare Saver via email or otherwise in accordance with these T&Cs, are either owned or controlled by Childcare Saver or the third party licensing us to use their content. Except for the creation of a temporary copy on your computer which is inherent to the process of the normal use of the website, the content and material referred to above may not be copied, reproduced, published, stored in a retrieval system, altered or otherwise used in any form or by any means, in whole or in part, without our prior written approval, or the approval of the relevant owner of the intellectual property rights.
7. COMMUNICATIONS
7.1. Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail, app notifications and by advertising on certain websites and social media).
7.2. There are, however, some messages that we must be able to send you. These include, for example, messages relating to your membership such as changes to your account, forgotten passwords, and where necessary, updates to our T&Cs and Privacy Policy. If you do not want us to send you these communications, you may terminate your Childcare Saver membership via the app.
8. INTERACTION WITH OTHER BENEFITS AND LOYALTY PROGRAMS
8.1. Childcare Saver is not intended to impact any other benefit which might be available to you.
8.2. Childcare Saver does not prohibit participation in other loyalty programs concurrently with participation in the Childcare Saver. Members should check the T&Cs of any other loyalty programs to confirm any impact that participation in Childcare Saver may have on another loyalty program.
9. CHANGES TO CHILDCARE SAVER PROGRAM AND T&CS
9.1. Childcare Saver may change, suspend or terminate these T&Cs, its Privacy Policy or the Childcare Saver program at any time without prior notice.
9.2. Childcare Saver will notify you of any such change, suspension or termination at our sole discretion on our website or through the app. We may also email you at our discretion to advanced notice of any such change, suspension or termination.
9.3. Where we change the T&Cs or Privacy Policy, a copy of the revised T&Cs or Privacy Policy will be available on our website or in the app.
9.4. If you continue to use your Childcare Saver account you will be deemed to have accepted the amended T&Cs or Privacy Policy.
10. MEMBER OBLIGATIONS AND RESPONSIBILITIES
10.1. You must provide us with certain information about yourself to participate in the Childcare Saver program, and you agree to us collecting and using that information in accordance with these T&Cs and our Privacy Policy. You may also be required to provide personal information in the app, including but not limited to information that does not personally identify you.
10.2. The information you provide to us must be true, accurate and complete.
10.3. Please keep your personal details updated via your Childcare Saver app. If you do not ensure your personal details are correct and up to date, we may not be able to provide you with your cashbacks, and we may cancel your membership.
10.4. It is your responsibility to keep your Childcare Saver account safe and secure. Please treat your Childcare Saver account password as your confidential information. You must take all reasonable steps to prevent unauthorised use or access to your Childcare Saver account and information about your membership You acknowledge that unauthorised access to your Childcare Saver account and personal information may occur if you do not take these steps. You are responsible for all transactions made using your Account. Childcare Saver are not liable for any loss or damage arising out of the unauthorised use of your Account.
10.5. Any tax, liability, or duty incurred by you arising from your use or participation in the Childcare Saver program or your obtaining rewards through the Childcare Saver program is your responsibility, and you alone will be liable for having any such tax liability assessed and paid. Childcare Saver recommends that members consult their accountant or tax adviser to ensure that they understand possible tax implications, if any, related to their membership.
10.6. It is your responsibility if you would like your details removed from the Childcare Saver account to remove those details through the Childcare Saver app.
10.7. You can only have one Childcare Saver membership per person, and you can’t transfer your membership to anyone else.
10.8. Cashbacks are personal to the Primary Member and, unless we notify you otherwise, cannot be transferred to anyone else in any circumstances.
10.9. Cashbacks may only be collected and used for personal and household reasons only. You may not collect or use cashbacks for any purchases on a charge account (i.e. where payment is not due upon completion of the transaction but only 30 days or some other agreed period thereafter) or for any other commercial purpose (which includes not-for-profit association purposes). Cashbacks are conditional on your purchasing normal household quantities and we reserve the right to apply purchase limits for the collection of rewards, at our discretion and without notice.
11. CHILDCARE SAVER’S RIGHTS
11.1. We may refuse your application for membership or your request to add Secondary Members for any reason.
11.2. From time to time we may exclude certain retailers as participating retailers. We will give you notice of the excluded retailers on our website or through the app.
11.3. Childcare Saver may reverse (i.e. debit) any cashbacks which have been allocated (i.e. credited) to you where you have returned the goods or you have been refunded for the goods or services in respect of which those cashbacks were earned.
11.4. We may also reverse cashbacks which have been allocated to you if there are any other grounds which we consider, at our discretion, justify a reversal, for instance, if the cashbacks were allocated to you by mistake (including by reason of our error) or if you earned them through unintended, deceptive, dishonest or fraudulent means.
11.5. We reserve the right to monitor your purchase history to ensure that any cashbacks are accumulated only in the manner intended.
11.6. Childcare Saver gives no warranty as to the continuing availability of the Childcare Saver program. We reserve the right at any time without notice to: a) terminate or suspend your Childcare Saver membership; or b) change, terminate or suspend the Childcare Saver program.
11.7. Grounds for doing any of the above include (but are not limited to) if you (or someone using your Childcare Saver Card or account details):
a) abuse, misuse or attempt to abuse or misuse your membership, the Childcare Saver program, or anything else associated with Childcare Saver;
b) do anything that is contrary to these T&Cs;
c) fraudulently accumulate Childcare Saver cashbacks;
d) supply any incorrect or misleading information to us;
e) engage in unacceptable conduct in connection with your membership, which will be deemed to include if Childcare Saver has a reasonable suspicion of conduct by you which amounts to dishonesty, fraud or wrongful conduct;
f) act against our business interests or reputation or the business interests or reputation of our related bodies corporate and related entities, clients, partners, retailers and suppliers; or
g) become bankrupt, unsound of mind, or die.
11.8. On cancellation of your membership (including through requested cancellation of your membership), we may retain your membership information for record-keeping purposes and, for any other purposes permitted by our Privacy Policy.
11.9. You agree that, except to the extent that these T&Cs expressly provide otherwise, we do not need to notify you in advance, or give you any reasons, with regard to any action we take concerning your membership.
11.10. If Childcare Saver terminates or suspends the Childcare Saver program, cashbacks will be paid out to Members in accordance with these T&Cs.
12. LIABILITY
12.1. You acknowledge and agree that there may be:
a) delay in issuing you with, or non-issue to you of, any cashbacks;
b) acts, errors or omissions by us in the course of providing cashbacks (including as referred to in these T&Cs); or
c) a suspension and/or termination of the Childcare Saver program, including the ability for members to earn and enjoy rewards, and to the maximum extent permitted by law (and provided that nothing in these T&Cs limits your rights under the Australian Consumer Law), we will not be liable to you in any way for any cause in connection with such matters, including for any unused Childcare Saver cashbacks balance in your account at the time of termination.
12.2. You agree that any comments, suggestions or recommendations you may receive from us or others as part of the Childcare Saver program may not be suitable, accurate or complete and you must not rely on them in a way which may give rise to any loss or damage. If you intend to rely on anything in connection with the Childcare Saver program, your reliance should be based solely on your own judgement, including as to the extent to which you should obtain or use any cashbacks.
12.3. Provided that nothing in these T&Cs limits your rights under the Australian Consumer Law, any liability we may have to you in negligence, breach of contract or otherwise, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any services supplied by Childcare Saver pursuant to these T&Cs, whether express or implied by statute, are excluded to the maximum extent permitted by law, and, where liability cannot be excluded (such as where the Australian Consumer Law applies), our liability to you will in all cases be limited to: a) the cost of re-supplying the goods or services or repairing, or paying the costs of repairing, the goods; or b) reinstating cashbacks in dispute.
12.4. For the avoidance of doubt, the above limitation of liability in Childcare Saver's favour also applies to related bodies corporate (as defined in the Corporations Act 2001 (Cth)) of Childcare Saver.
13. GENERAL
13.1. In these T&Cs, unless the contrary intention appears:
a) the singular includes the plural and vice versa;
b) headings are for convenience only and do not affect interpretation;
c) dollars, cents or '$' means Australian currency;
d) a reference to 'include' or 'including' means 'including but not limited to'.
13.2. Nothing in these T&Cs affects any rights a user may have and which by law cannot be excluded, including under the Competition and Consumer Act (2010) and under State and Territory consumer protection legislation.
13.3. If part or all of any clause of these T&Cs is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these T&Cs and the remaining provisions of these T&Cs will continue to have full force and effect.
13.4. You agree that any notice or communication we give to you pursuant to these T&Cs may be given to the email address we have recorded for you or by posting on the Childcare Saver website (or by push notification on the app). A notice so given shall be deemed received by the intended recipient on the date the notice is sent or posted as the case may be.
13.5. We may assign or novate or transfer in whole or part any of its rights or obligations under these T&Cs without the prior written consent of members. The agreement set out in these T&Cs is personal to you and so you may not assign, novate or sub-licence in whole or part any of your rights or obligations under these T&Cs without our prior written consent.
13.6. The T&Cs are governed by and will be construed in accordance with the laws of the State of Queensland, Australia irrespective of where the application for membership has been completed. In any action or other legal process with respect to any matter or thing in connection with these T&Cs or membership, the user submits to the non-exclusive jurisdiction of the State of Queensland.
13.7. Digital Prepaid Mastercard is a virtual prepaid Mastercard, just like a regular Mastercard only for your mobile phone. Once activated, the card can be added to a phone’s digital wallet (e.g. Apple Pay or Samsung Pay) and used anywhere that accepts contactless payment.
13.8. The Digital Prepaid Mastercard is issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 pursuant to license by Mastercard Asia/Pacific Pty. Ltd. Redemption of the Digital Prepaid Mastercard is subject to the standard terms and conditions. Redemption of the Digital Prepaid Mastercard is subject to any terms and conditions of the issuer including those specified on the Digital Prepaid Mastercard. The terms and conditions applicable to the Digital Prepaid Mastercard can be viewed at https://www.thinkwink.com.au/tos
14. CONTACT US
14.1. If you have any queries or complaints regarding the Childcare Saver program, visit http://www.childcaresaver.com/contact-us.
OFFER TERMS AND CONDITIONS
The promoter is Think Wink Pty Ltd (59 640 766 310). Offer starts 12:01am (AEDST) on 01/11/2024 to 11:59pm (AEDST) on 31/12/2024. The offer is only available to registered Childcare Saver members who make a purchase that is eligible for cashback rewards during the offer period. Purchases which are ineligible for cashback rewards in accordance with the Childcare Saver Terms and Conditions, the retailer’s terms and conditions or which have a 0% cashback rate at the time of purchase are ineligible.
Childcare Saver members will receive $10 additional cashback rewards when they make a purchase during the offer period, limited to 1 purchase only.
Bonus cashback rewards will be applied to members’ accounts within 130 days of the offer period ending.
The Promoter may determine a purchase to be ineligible if the purchaser (or someone using their Childcare Saver account):
Childcare Saver Terms and Conditions apply to use of the Childcare Saver program.
If any dispute arises concerning the offer, the Promoter will take reasonable steps to consider the member’s point of view, taking into account any facts or evidence they put forward, and will respond fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this offer is final.
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