Terms and Conditions

Please read these Terms carefully before using the Platform. They are binding upon registering and using Money Box's Cashback Rewards Program. Periodic revisitation is encouraged to stay current with any amendments.

Version Date: 12/10/2023

1) Summary and Definitions:

This document describes the binding terms and conditions governing the use of the services provided by Moneybox Services Pty Ltd ABN 40 618 289 615 (Money Box), accessible through our website and app. Use of Money Box's Platform is subject to continuing compliance with these Terms at all times.

General definitions used in these Terms:

• "AMLCTF Act" means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
• "App" means the Money Box application associated with the Website, available for download on Google Play and the App Store.
• "Auxiliary Fees" means any amount representing an amount in addition to the base cost of any good or service, including: additional or extended warranty, delivery (including dealer delivery), handling, payment surcharge (including credit card merchant fees), postage, re-stocking, shipping, and third-party financing charges (whether in the nature of establishment or a charge for the provision of credit).
• "Cashback" means the rewards validly awarded to the Member as part of Money Box's Cashback Rewards Scheme, a loyalty scheme administered by Money Box to reward Members for purchasing goods and services via the Platform.
• "Eligible Account" means a transaction account held in the name of the Member (either individually, or jointly) with an Australian authorised deposit taking institution, which has been verified as a valid account for transacting to the reasonable satisfaction of Money Box with appropriate account ownership.
• "Gift Card" means a physical or digital stored-value card pre-loaded with a certain amount of funds which can be used for the purchase of goods and/or service with specified Merchants.
• "Gift Card Processing Fee" means the fee charged for the purchase of Gift Cards via the Platform, as communicated and added to the purchase amount upon purchase of the Gift Card.
• "KYC" or "Know Your Customer": means such relevant and reasonable steps for the establishment and verification (initial, or ongoing) of the identification of individuals, their relevant personal details, and their Eligible Account as Money Box relevantly requires and meets suitable guidelines, contractual obligations, and/or regulatory requirements (including those pursuant to the AMLCTF Act.
• "Member" means a registered user of the Website's Cashback Rewards Program.
• "Merchant" means a third-party entity providing products/services through transactions which are eligible for and earn cashback.
• "Platform" means the Website, the App, or both, as relevant in the context.
• "Point of Sale" means the point in the transaction to purchase goods or services at which sufficient valuable consideration is transferred from the buyer and accepted by the seller.
• "Qualified Purchases" means purchases made by a Member of goods and/or services offered through the Platform, excluding Taxes and Auxiliary Fees, for which no part of the purchase is paid for with Cashback.
• "Taxes" means any governmental or regulatory amount levied on the sale, purchase, or provision of goods or services, including any form of duties (import or export), sales tax, value added tax (V.A.T.), or goods and services tax (G.S.T.) - particularly as levied pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• "Terms" means these terms and conditions, including the Fair Use Terms in Appendix 1, and any amendments.
• "Website" refers to all webpages within the Moneybox.au domain or such other domain automatically redirected to, but excludes all other third-party websites and domains accessible through it (being manually selected hyperlinks leading to external domains).
• "Withdrawal Fee" means a processing fee payable by the Member to Money Box on each and every Withdrawal, calculated at the rate of 1% of the Withdrawal amount net of the Withdrawal Fee, and which shall be deducted from the Withdrawal.

Additional definitions appear throughout these Terms, where relevant to a particular clause.

2) General Information:

1. Owner: Money Box is the sole owner and operator of the Platform.
2. Acceptance of Terms: Engaging with our Platform in any manner, including browsing, registering, or transacting, is subject to your continuing acceptance of these Terms.Non-agreement with these Terms automatically revokes our permission to you to use the Platform.
3. Changes to Terms: We hold the right to alter, amend, or replace these Terms at our discretion without specific notice. Members are expected to review theseTerms periodically to stay updated.
4. Changes to Service: We may enhance, modify, or terminate certain features to improve user experience or for operational purposes without prior notification.
5. Errors: Inadvertent errors (including typographical errors) may occur despite our best efforts. The Platform should be interpreted in the manner which best keeps with the context and reasonably apparent intent at all times. Money Box reserves the right to correct or amend the Platform or these Terms at any time where an inadvertent error is discovered.
6. Age-Restricted Content: Content restricted to adults may be present, which mandates age verification for access.
7. References to legislation: References to any legislative instrument includes a corresponding reference to any amendment or re-enactment of that instrument.
8. References to documents: References to documents or agreements include their amendments, novations, and replacements.

3) Eligibility to Join:

1. The minimum age requirement stands at 18 years for membership. Verification may be sought. Money Box does not consent to Members under the age of 18 years.
2. Each individual may only register one account on the Platform; duplicate registrations are prohibited. Money Box reserves the right, without prior warning, to deactivate and delete any or all accounts of a Member where multiple registrations (including multiple registration attempts) are discovered. Money Box will not act unreasonably in deactivation or deletion of any accounts.
3. All accounts are personal to the registering person. Transfer, sale, or assignment of accounts (including by succession) to any third-party, trustee, or representative is strictly prohibited.
4. Passwords should be unique, strong, and confidential to protect member data. Money Box reserves the right to implement, maintain, and amend minimum acceptance criteria for passwords.
5. Members must not communicate or share their account credentials, including passwords, with any other party.
6. An active, valid email address and phone number are essential for communication and verification. Money Box reserves the right to verify and re-verify member email addresses and phone numbers at any time.
7. For compliance, KYC details might be requested periodically or under specific circumstances.
8. Members must provide accurate, current, and complete information during and post-registration.
9. Any unauthorised actions, such as hacking or using automated scripts or bots, will lead to account termination.
10. Money Box reserves the right to verify, and to re-verify at any reasonable time, any account information provided by a Member.
11. Money Box reserves the right to reject or disallow any request for Membership or an account, with or without reason, at any time before the account is established and transacted on.

4) Member KYC Requirements:

1. It is an initial and ongoing requirement of eligibility to:
   1. hold a Membership account; and
   2. conduct any transaction or activity on a Membership account (including transfer),
   that Members submit to KYC requirements as and when required to do so by Money Box.
2. Money Box shall not be required to conduct any transactions or activities on a Membership account unless and until Money Box's KYC requirements are satisfactorily met.
3. Money Box may require a Member to satisfy KYC requirements at any relevant time, including:
   1. Periodically, or by a particular date;
   2. When Membership accounts meet or exceed certain conditions or parameters, including as to account balance, transaction size, or pattern of conduct; or
   3. In response to any transactions which appear to be unusual or could be considered a 'suspicious matter' (as that term is used under KYC guidelines).
   Money Box shall not be required to identify the reason for conducting, or re-conducting, KYC investigation.
4. The Member shall take such steps to comply with Money Box's KYC requirements in accordance with the manner requested.

5) Marketing Communication from Us:

1. Members acknowledge that a fundamental part of their membership with Money Box is the communication to them of marketing material, including newsletters, offers, and promotional content ('Marketing Communication').
2. Members consent, upon registration, to the receipt of Marketing Communication from Money Box which is reasonably relevant to their membership.
3. Despite (a) and (b), opt-out mechanisms are provided on the Platform(on the opt-out page) for Members seeking reduced communication.

6) Merchant Offers and Money Box's Role:

1. The Platform is a marketplace via which Members can purchase goods and services from third-party sellers ('Merchants'). Money Box facilitates Members purchasing goods and services from Merchants.
2. All goods and services offered through the Platform are provided by Merchants, and are not goods or services manufactured or provided by Money Box.
3. All goods and services offered on the Platform are offered in accordance with the Merchant's terms, including such as with respect to time, bundling, packaging, quantity, delivery or performance limitations, and geographical limitations.
4. Money Box makes no representations, and accepts no liability, for grievances with respect to the quality, provision, timing, or delay of goods or services. Any such grievances should be directed to the relevant Merchant.
5. Money Box commits to using reasonable efforts to ensure the accuracy of all offers on the Platform, but Members acknowledge:
   1. information is as provided by the Merchant and Money Box is not required to make further enquiries or investigations of the Merchant or the goods or services without reasonable notice; and
   2. unforeseen human or technological discrepancies may occur from time to time,
   and shall not hold Money Box liable for such matters to this extent.

7) Cashback:

1. Cashback is earned solely on Qualified Purchases, subject to any limitations or exclusions:
   1. Set out in these Terms; or
   2. Communicated in writing by Money Box, or posted on the Platform, from time to time.
2. Cashback rates are subject to the following, which the Member expressly acknowledges and agrees on a continuing basis. Cashback rates:
   1. May vary across merchants, across goods and services, and across goods and services for any particular merchant;
   2. Are as advertised by Money Box from time to time; and
   3. May be altered at any time by Money Box without prior notice. For the sake of clarity, the rate applicable at the Point of Sale is the rate that applies for the calculation of Cashback.
3. Cashback earned on a transaction may only accrue to the Membership account under which the transaction is conducted.
4. All Cashback awards are subject to approval and payment by the Merchant to Money Box in accordance with the terms of engagement between that Merchant and Money Box. Money Box may refuse to honour any Cashback unless and until approved and paid by the subject Merchant.
5. Purchases through the Platform, and their accompanying Cashback, may take up to five working days post-transaction to be uploaded into a Member's account.
6. Cashbacks will be labelled in the following (or similar):
   1. 'Pending' for all Cashback transactions which are not 'Available' or 'Denied';
   2. 'Available' for Cashbacks with have been approved by the Merchant and paid to Money Box; or
   3. 'Denied' for Cashbacks which are denied or otherwise invalid.
7. Delays or denials in the approval of Cashback may stem from Merchant decisions, system glitches and unexpected processing outcomes, or non-compliance with these Terms or the Merchant's terms of offer.
8. Cashback is limited in the following manners:
   1. Returns, cancellations, and refunds: No Cashback is awarded for returned, cancelled, or refunded purchases. Specifically, Money Box may deduct any relevant amount of Cashback for a purchase in the event of a return or refund made in any manner. For this purpose, Money Box may deduct, hold, suspend, or otherwise reasonably deal with any relevant amount of Cashback where Money Box becomes reasonably aware of a return or refund being initiated;
   2. External coupons and promotional codes: The use of any coupon or promotional code except those specifically and expressly communicated by Money Box may void any Cashback on the subject transaction;
   3. Multiple cashback or rewards programs: Members cannot use multiple cashback or rewards programs, regardless of the provider, on a particular transaction;
   4. Transactions via single platform: Any purchases of goods or services which are not wholly, and singularly, transacted through the Platformare ineligible for Cashback;

8) Using Cashback:

1. Only Cashback showing as Available (or similar) may be used by the Member.
2. Cashback may not be transferred to any other party, whether or not that party is a Member, except in accordance with these Terms (refer to 'Transfer of Cashback'). Cashback may not be used from one Member's account towards payment for a transaction conducted on another Member's account.
3. Cashback may be used in the following manner:
   1. Deposited to the Eligible Accountattached to the Membership account ('Withdrawal'); or
   2. Used towards payment for any eligible purchase transaction conducted through the Platform under the Membership (including the purchase of gift cards).
   Cashback is not available for conversion into cash, cheque, or other form of payment instrument.
4. All Cashback shall be converted into Australian dollars upon use, and may only be transferred or transacted in Australian dollars.
5. The minimum value of Cashback that can be used at any one time is Australian $10.00.
6. All Cashback Withdrawals are subject to payment of a Withdrawal Fee, which shall be added to the Withdrawal.
7. Once submitted all Cashback use is final, and cannot be modified or cancelled.
8. Withdrawal of Cashback from the Member's account shall occur immediately.
9. Deposit of Cashback to the Eligible Account may take up to five business days to process (subject to normal banking parameters and availability).
10. Members are responsible for ensuring the currency and correctness of the details of any Withdrawal, including the details of the Eligible Account. This responsibility is not overridden by any KYC activities undertaken by Money Box, and Money Box disclaims all responsibility for errors in this regard.
11. Money Box reserves the right to suspend or deny any Cashback transaction, pending investigation and determination by Money Box, in the event that Money Box reasonably suspects any unlawful or reasonably suspicious activity is being undertaken (either by the transaction, with respect to the Member account, or by pattern of conduct).

9) Transfer of Cashback:

1. Except in accordance with this clause, Memberships and/or Cashback cannot be transferred or assigned in any manner or part, whether voluntarily or by automatic operation of law, without the express prior written consent of Money Box.
2. Except where required by law, Money Box may refuse to consent to assignment for any reason and shall not be required to stipulate that reason to any party.
3. Memberships and Cashback may be transferred as a 'Family Transfer' strictly in accordance with the following:
   1. A Family Transfer may only take place in the event of the death of the Member, or the total and permanent disability of the Member to the extent where the Membership cannot reasonably be used in any manner by them;
   2. The Trustees of the estate of the Member shall provide sufficient and reasonable evidence to establish the situation referred to in (i) above;
   3. The Trustees nominate a Valid Recipient, being a person entitled to participate in the estate of the Member as represented by the Trustees (such as next of kin);
   4. The Trustees indemnify Money Box against any claims made against Money Box for transferring the Membership and Cashback to the Valid Recipient;
   5. The Membership and total balance ofCashback shall then be transferred to the Valid Recipient, subject to them complying with these Terms and, in particular, the requirements for the opening of a Membership account (such as with respect to the provision of information and establishing identity);
   6. A Family Transfer may only be to a single nominated Valid Recipient, who may be an existing Member. Money Box shall not be required to split or apportion Memberships or Cashback balances.

10) Inactive Accounts:

1. If no transaction is conducted on a Membership account for a period exceeding 12 months then that account shall be an Inactive Account.
2. Money Box may give an Inactive Notice notifying an intention to terminate an Inactive Account unless a transaction is conducted within a period (which shall not be less than 14 days) specified in the notice.
3. If Money Box gives an Inactive Notice and a transaction is not conducted on the account within the period specified in the Inactive Notice, Money Box may terminate the Inactive Account without further notice or waiting period.

11) Account Termination:

1. In addition to any other trigger for termination set out in these Terms, Money Box may terminate a Membership account where:
   1. The Member requests Money Box to terminate the account;
   2. The account is transacted in a manner which is in default of the Terms, including being inconsistent with the Fair Use Terms in Appendix 1 to these Terms;
   3. Any transaction conducted on the Platform in connection with the account is fraudulent or dishonest;
   4. Any transaction conducted on the Platform in connection with the account amounts to 'money laundering' or 'financing of terrorism' as those terms are defined under the AMLCTF Act;
   5. The Member fails to reasonably and sufficiently complete KYC within 30 days of a request by Money Box;
   6. The account, the manner in which the account is operated, or the Member (in their own accord) represents an unreasonable risk to Money Box and its legitimate business interests (including reputational risks); or
   7. The Member conducts themselves, or operates their account, in a manner which demonstrates by pattern of conduct a fundamental intention not to be bound by these Terms.
2. Money Box shall give the Member a Termination Notice at least 14 days prior to termination of the account unless:
   1. Termination is by reason of triggers (i), (ii),(iii), or (iv) in (a) above;
   2. Money Box reasonably concludes that the trigger for termination is not capable of rectification within 14 days, and the Cashback balance of the account is less than $10.00; or
   3. Equivalent notice warning of termination has already been given under these Terms.
   The Termination Notice shall set out the actions Money Box reasonably requires for the Member to rectify the trigger for the Termination Notice.
3. If the Member fails to rectify the Termination Notice within the notified period, or the trigger is such that Money Box reasonably concludes that a Termination Notice is not require, then Money Box may terminate the account without further notice or waiting period.
4. Upon termination of the account:
   1. Any Cashback balance on the account is forfeited;
   2. Any other benefits accrued to the account are forfeited;
   3. The Member's login details for the account are suspended;
   4. The account becomes inaccessible; and
   5. The account may not be reactivated or recovered.
5. This agreement and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed by and construed in accordance with Queensland law.
6. The parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

12) Gift Cards:

1. Gift Cards may be purchased via the Platform, subject to these Terms.
2. All Gift Cards purchased via the Platform are only redeemable for up to the balance on the card for purchase of goods and/or services from the Merchants represented for the particular gift card ('Relevant Merchants').
3. Gift Cards are subject to such further terms and conditions as applied by the Relevant Merchants, from time to time.
4. Gift Cards may be subject to expiry, and failure to use the balance of funds on the Gift Card before that expiry period may be forfeited.
5. Gift Cards are not redeemable for cash or conversion into Cashback.
6. Gift Card may be transferred to any other active Member. Any transfers are final.
7. Gift Cards are not registered to any person, and possession shall be accepted as the right to use the Gift Card and any funds on it. While loss or theft of a Gift Card is unfortunate, Money Box shall not be held responsible for lost or stolen Gift Cards.
8. A daily maximum amount is imposed on each account for:
   1. Purchase of Gift Cards - in the amount of Australian $500.00 (excluding Gift Card Processing Fee); and
   2. Transfer of Gift Cards - in the amount of Australian $500.00.
9. Each Member is responsible for the verification and ascertaining of the balance of Gift Cards, and the balance of any expiry term. Money Box shall accept no liability for incorrect balances or expired Gift Cards.

13) Refunds, Replacements, and Repairs:

1. Members are entitled to certain consumer guarantees for goods and services purchased via the Platform.
2. The following consumer guarantees apply to goods:
   1. Be of acceptable quality and appearance, safe, lasting, without fault, and function properly, according to their type, except where: used in an improper, unreasonable, or abnormal way, or the reason the product is not acceptable is consented to when purchasing;
   2. Be fit for the ordinary expected usage of the product, unless otherwise agreed by the parties;
   3. Be accurately described;
   4. Reasonably match any sample or demonstration model;
   5. Satisfy any express warranty communicated;
   6. Be free of encumbrance, unless expressly notified prior to purchase; and
   7. Be free of hidden securities or charges.
3. The following consumer guarantees apply to services:
   1. Be provided with due care and skill;
   2. Be fit for the ordinary expected purpose of the service, unless otherwise agreed by the parties; and
   3. Provided within a reasonable time unless a specific time is agreed by the parties.
4. For consumer guarantees, the following are major problems. The good or service:
   1. Is unsafe or creates an unsafe situation;
   2. Is very different from the description or sample;
   3. Has a serious problem (or several smaller problems) with would stop someone buying it if they had prior knowledge of it; or
   4. Can't be used for its normal or agreed purpose, and cannot be fixed within a reasonable time.
5. Members are entitled to a refund or replacement where the good has a major problem.
6. Members are entitled to a refund (less the reasonable amount for any work done, as expected), or keep the service and pay a lower price which takes the problem into account, where the service has a major problem.
7. Where a good or service has a problem which is not a major problem, then the product or service may be:
   1. fixed or repaired for free;
   2. replaced; or
   3. refunded,
   at the seller's discretion.
8. To request a refund, replacement, or repair, please contact support and specify exactly what the issue is with the product or service. The support team will then investigate the circumstances accordingly.
9. No refund, replacement, or repair will be provided unless and until the nature of the problem has been determined and reasonably substantiated.

14) Third Party Websites:

1. While using the Platform, you may be redirected or linked to third-party websites. Money Box accepts no responsibility for the content or information provided by or through third-party websites, even if they are our affiliates.
2. Linking to third-party websites does not imply our endorsement of that website or the party operating it. We disclaim any liability for links to another website.

15) Governing Law:

1. This agreement and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed by and construed in accordance with Queensland law.
2. The parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

16) Modifications of Terms:

Money Box reserves the right to update or modify these Terms at any time without prior notice, and such changes will be effective immediately upon being posted on the Platform.Money Box will make reasonable efforts to notify Members of any material change to these Terms, such as through sending an email to any address notified on the Membership account, through a pop-up window on the Platform, or another similar mechanism.

17) Ownership Rights:

Use of the Platformdoes not grant any ownership, right, or interest in any content, visual interfaces, graphics, design, compilation, information, computer code, products, software, services and all other elements accessible by, or through, the Platform.

18) Insolvency:

1. Money Box grants no form of security over the Cashback in the Member's account to the Member.
2. In the event of appointment of an external administrator to Money Box, the Member shall rank as an unsecured creditor for the purposes of participation in proceeds (subject to the determination of the external administrator in the circumstances).

19) Disclaimers:

1. Money Box gives no representations and makes no warranties with respect to the conduct, solvency, or ability to complete any transaction (including any subsidiary action to a transaction, such as validating Cashback or being capable of supplying a product or service within a specified time or at all) of any Merchant.
2. Except as expressly required by law to the necessary extent, the Money Box content, or any other product, service or information provided by Money Box, user content, third-party content, and any other software, services or applications made available in conjunction with or through the Platform are provided on an 'as-is', 'as available', 'with all faults' basis without representations or warranties of any kind, either express, implied, or statutory, including, but not limited to, in terms of correctness, accuracy, reliability, or otherwise.
3. To the fullest extent permissible by applicable law, Money Box hereby disclaims all warranties of any kind, either express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, concerning the products or services provided by Money Box.

20) Limitation of Liability:

1. You agree to indemnify and hold harmless Money Box and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to legal and accounting fees) arising from or in any way related to:
   1. Any use or misuse of the Platform (including your use or misuse of any third party or linked content);
   2. Any breach or other violation of these Terms including any representations, warranties and covenants herein; or
   3. Any violation of the rights of any other person or entity, including, but not limited to claims that any user provided content infringes or violates any third party intellectual property rights.

21) Notices and Contact:

1. In this clause, Electronic Transactions Legislation means Australian legislation pertaining to the regulation and validity of electronic transactions relevant to the various jurisdictions throughout Australia, including: Electronic Transactions Act 1999 (Cth); Electronic Transactions Act 2001 (Act); Electronic Transactions Act 2000 (NSW); Electronic Transactions (Northern Territory) Act (NT); Electronic Transactions (Queensland) Act 2001 (Qld); Electronic Communications Act 2000 (SA); Electronic Transactions Act 2000 (Tas); Electronic Transactions (Victoria) Act 2000 (Vic); and Electronic Transactions Act 2011 (WA).
2. All notices between Money Box and Members must be in writing unless expressly and specifically agreed to by both parties.
3. Wherever possible, all notices shall be provided by electronic means. For that purpose all parties agree the use of electronic forms of communication is acceptable, and those forms are readily accessible and useable for subsequent reference. These consents and agreements are made pursuant to the relevant and applicable Electronic Transactions Legislation.
4. Notices by Money Box to a Member may be made by:
   1. Communication via prominent notice to the user in the use of the Platform; or
   2. Emailed to the Member's current email address nominated in their account details.
5. Notices by a Member to Money Box my be made by emailing to customerservice@moneybox.au.
6. Notices sent by email are considered delivered once they reach the addressee's domain.

Appendix 1: Fair Use Terms

The Member agrees to use the Platform and conduct Transactions in accordance with the Terms and these Fair Use Terms, which are designed to ensure their fair and proper use in accordance with the purposes for which they are intended. It applies to all persons.

The Member agrees:

1. To provide Money Box with factually correct and up to date information so as to allow it to administer the Membership account, the Platform, and conduct transactions via the Platform.
2. To only use the Platform and the Membership account for legitimate purposes in connection with the purchase of retail goods and services by end users.
3. Not to use the Platform or attendant functionality or services in any manner which involves on-selling, re-packaging, rebranding, dropshipping, or marketing of products or services - whether the services are identified as involving Money Box, the Platform, or any relevant Merchant or otherwise - without the express, prior written consent of Money Box.
4. To only conduct transactions on their own Membership account.
5. To not share login credentials with, or allow the use of their Membership account by, any other person.
6. In the use of the Platform, not to act in a manner which contravenes or interferes with the intellectual property rights of Money Box or any Merchant.
7. Not to use Money Box's services in any manner seeking to contravene or circumvent the laws of Australia, generally, and the laws pertaining to retail and consumer transactions, in particular.
8. Money Box may review the Member's use of their Membership account and the Platform, and take proportionate action where it reasonably determine that the Member's use:
   1. Amounts to fraudulent activity;
   2. Involves a non-ordinary or unintended use;
   3. Is contrary to these Fair Use Terms; or
   4. Causes significant adverse effects to the Platform or the linked systems of any Merchant, including congestion, disruption, denial of service, and excessive use of resources.