Effective date: 9 November 2023

RACQ Member Benefits Cashback Terms and Conditions

GENERAL INFORMATION

    1. These Terms and Conditions (“Terms”) apply to the use of RACQ Member Benefits Cashback. Access to the RACQ Member Benefits Cashback (“Cashback Platform”) is through the RACQ Member Benefits Cashback Platform, which is operated by Think Wink Pty Ltd ABN 59 640 766 310 (“Wink”). Wink is not a related company of RACQ. These Terms and Conditions form an agreement between Wink and a user of the platform.
    2. By using the Cashback Platform, you agree to be bound by these Terms. It is your responsibility to read and understand them.
    3. By using the RACQ Member Benefits Cashback Platform, you consent to receiving marketing communications relating to the Cashback Platform.

ELIGIBILITY AND USE

    1. To be eligible for RACQ Member Benefits Cashback and to access the Cashback Platform and earn RACQ Member Benefits Cashback, you must:
      1. Be an individual;
      2. Be a current member of The Royal Automobile Club of Queensland Limited (“RACQ”) or another person entitled participate in RACQ’s benefits program under which discounts are provided to RACQ members, their families and other eligible members of the community.
      3. Have a valid email address and mobile phone number.
    2. RACQ Member Benefits Cashback is for personal use only.
    3. You may only hold and use one RACQ Member Benefits Cashback account, and your account is non-transferable.

RACQ MEMBER BENEFITS CASHBACK

    1. RACQ Member Benefits Cashback is a benefit you can earn through Cashback Platform.
    2. You may earn RACQ Member Benefits Cashback through:
      1. Purchases made from participating online retailer offers accessible through the Cashback Platform; and
      2. Other offers and opportunities, subject to their own individual terms and conditions from time to time.
    3. RACQ Member Benefits Cashback may not be credited to your account immediately but will be added to your Cashback Balance and shown in the dashboard of the Cashback Platform.
    4. You can view the Cashback Balance you have accrued by accessing the Cashback Platform and checking the balances shown in the dashboard. The displayed balance is an estimate only, and we do not guarantee its accuracy to the maximum extent permitted by law.
    5. The status of your accrued RACQ Member Benefits Cashback will be displayed in the dashboard under two categories:
      1. RACQ Member Benefits Cashback: This is the total RACQ Member Benefits Cashback in your account that has been cleared and will be available for redemption once the redemption criteria have been met.
      2. Pending Balance: This represents RACQ Member Benefits Cashback earned through retailer offers that has not yet cleared from participating retailers. Participating retailers may have different clearing periods. It may take up to seven days for RACQ Member Benefits Cashback to be tracked and recorded in your Pending Balance and up to 120 days for credit in your Pending Balance to move into your Cashback Balance. Your Pending Balance is not available for redemption.
    6. RACQ Member Benefits Cashback is personal to you and cannot be transferred to anyone else, unless notified otherwise by us.
    7. RACQ Member Benefits Cashback may be collected and used for personal and household purposes only. You may not collect or use RACQ Member Benefits Cashback for any purchases on a charge account or for any other commercial purpose. We reserve the right to apply purchase limits for the collection of RACQ Member Benefits Cashback at our discretion and without notice.

EARNING CASHBACK: RETAIL OFFERS

    1. To earn cashback through a retail offer, you must access the participating retailer's store via the Cashback Platform. Participating retailers and offers may change from time to time.
    2. RACQ Member Benefits Cashback will be added to your Cashback Balance once a purchase is approved by the retailer. The approval process and the amount of RACQ Member Benefits Cashback earned are the sole responsibility of the retailer.
    3. Please review the retailer's terms for the participating offer within the Cashback Platform before making a purchase.
    4. RACQ Member Benefits Cashback is only earned on the GST exclusive value of your purchase.
    5. You do not earn RACQ Member Benefits Cashback on:
      1. GST or Tax;
      2. Orders paid with store credits;
      3. Orders using unauthorised discount codes;
      4. Freight and delivery fees;
      5. Orders that are cancelled, changed, or refunded;
      6. Transactions detected as fraudulent;
      7. Purchases where you visit other websites after clicking through RACQ Member Benefits Cashback;
      8. Orders placed outside of 2 hours after clicking through to Cashback Platform;
      9. Orders not fully completed through Cashback Platform;
      10. Purchases where a gift card is used as payment; or
      11. Purchases of gift cards unless otherwise stated.
    6. If you return goods or receive a refund for the goods or services in respect of which RACQ Member Benefits Cashback is earned, we will reverse (debit) any RACQ Member Benefits Cashback allocated to you.
    7. We reserve the right to reverse RACQ Member Benefits Cashback allocated to you if there are grounds that, in our reasonable discretion, justify a reversal, such as if the RACQ Member Benefits Cashback was allocated to you by mistake or if you earned them through deceptive, dishonest, or fraudulent means or other than in accordance with these Terms.
    8. We may monitor your purchase history to ensure that cashback is accumulated only in accordance with these Terms.

REDEEMING CASHBACK

    1. Cashback will be available for redemption once a minimum Cashback Balance of $25 (plus any card issue fee) has been earned ("Redemption Criteria").
    2. Once the Redemption Criteria are met, the balance of your RACQ Member Benefits Cashback balance can be converted into a digital Prepaid Visa Card ("Visa") or eligible retailer card. There will be a $2 issue fee in respect of Prepaid Visa Cards which must be met from your Cashback Balance.
    3. Once redeemed will receive an email with instructions on how to activate and use your Visa or retailer card at the email address provided to WINK.
    4. If you are no longer eligible to access the RACQ Member Benefits Cashback Platform (e.g., you are no longer an RACQ member, your account is terminated in accordance with these Terms or RACQ’s agreement with WINK for the operation of the Cashback Platform expires or is terminated), any Cashback Balance in your account will be closed. For accounts with a Cashback Balance of $7 or more, the balance, minus the $2.00 Visa card issue fee, will be automatically issued to you as a Prepaid Visa Card. Any Cashback Balance below $7 will be forfeited and donated to the RACQ Foundation.

PREPAID VISA AND RETAILER CARDS

    1. The digital Prepaid Visa and retailer card options are subject to the Visa Gift Card and retailer gift card terms and conditions, respectively.
    2. The Visa card is a digital Prepaid Visa card, like a Prepaid Visa card, tailored for your mobile phone wallet. Alternatively, you have the choice of a retailer card.
    3. Once the Redemption Criteria is met, and you choose to redeem your Cashback Balance you'll be required to provide a mobile phone number. You will be sent an SMS or email containing a link to either your personalised Visa card or retailer card.
    4. If you do not access your chosen card within 3 months of receiving the SMS or email it may be forfeited.
    5. Following access, the Visa card can be added to your mobile phone's digital wallet (e.g., Apple Pay, Google Pay, or Samsung Pay), while the retailer card can be redeemed at any of the locations and websites specified in the terms and conditions for each card.
    6. Your Visa Card (if selected) is subject to a Visa fee of $2.00 that will be deducted from your Cashback Balance and is valid for 12 months from the date of access and cannot be used after its expiry. Any remaining balance after the expiry date will be forfeited.
    7. Your retailer card (if selected) is valid for 12 months from the date of access and cannot be used after its expiry. Any remaining balance after the expiry date will be forfeited.
    8. For any errors or inquiries concerning your Visa card or retailer card, please refer to the instructions provided at the time of receiving the card.

PRIVACY AND SECURITY

    1. 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 the complete security of your information, and to the maximum extent permitted by law, we cannot be held liable for any loss or damage arising from a breach of security.
    2. Information regarding the collection, storage, disclosure, and use of your personal information can be found RACQ Privacy Policy, ThinkWink Privacy Policy (the program provider), Mr Yum Privacy Policy (the marketing provider), TCN Group Party Ltd (the gift card provider)
    3. Regarding the Cashback Platform, we may collect information, including:
      1. Information provided by you through the Cashback Platform and related to your platform usage.
      2. Information provided by participating retailers and/or service providers concerning your transactions and other usage details on the Cashback Platform.
      3. Information about your general engagement with the Cashback Platform.
      4. Information related to your RACQ Member Benefits Cashback.
    4. Your personal information will be collected and used by Think Wink Pty Ltd ABN 59 640 766 310, the operator of the Cashback Platform, to facilitate the RACQ Member Benefits Cashback program. This includes:
      1. Operating, conducting, and administering RACQ Member Benefits Cashback.
      2. Facilitating your access to and participation in the Cashback Platform, as well as providing the benefits of RACQ Member Benefits Cashback (including redemption of cashback).
      3. Confirming the eligibility of transactions for RACQ Member Benefits Cashback.
      4. Identifying suspicious transactions and detecting/preventing fraud.
      5. Facilitating the provision of updates.
      6. Any other reasonably expected related purposes.
    5. Details on how Wink, the operator of the Cashback Platform, generally collects, holds, and processes personal information can be found in the Wink Privacy Policy.
    6. Your personal information will also be disclosed to and used by TCN Group Pty Ltd ABN 87 626 501 568, the issuer of the digital Prepaid Visa card and retailer cards, to facilitate the redemption of RACQ Member Benefits Cashback and the RACQ or its related entities for reporting purposes (and their service providers for that purpose).

YOUR OBLIGATIONS AND RESPONSIBILITIES

    1. Any information you provide to us must be true, accurate, and complete.
    2. Your personal details for RACQ Member Benefits Cashback will correspond to the information you provided when setting up your online profile for the RACQ. You can update your personal details for your online profile at racq.com.au or by calling 13 19 05. It is your responsibility to ensure that your personal details are correct and up to date, as failure to do so may result in the inability to provide you with RACQ Member Benefits Cashback.
    3. You are responsible for maintaining the safety and security of your RACQ Member Benefits Cashback account. It is your duty to take all reasonable steps to prevent unauthorised use or access to your account and account information. You are liable for all transactions made using your account. To the maximum extent permitted by law, we are not liable for any loss or damage resulting from unauthorised use of your account except to the extent causes by our acts or omissions.
    4. Any tax, liability, or duty incurred by you as a result of your use or participation in RACQ Member Benefits Cashback or obtaining RACQ Member Benefits Cashback through the Cashback Platform is solely your responsibility. You alone will be liable for assessing and paying any such tax liability.

OUR RIGHTS

    1. We do not provide any warranty regarding the continuous availability of the Cashback Platform. We reserve the right to:
      1. Terminate or suspend your access to the Cashback Platform in accordance with clause 9.2.
      2. Change, update, withdraw, terminate, or suspend RACQ Member Benefits Cashback or any Cashback Platform, in whole or in part.
    2. Grounds for termination or suspension of access under condition 9.1i above include if you (or someone using your RACQ account details):
      1. Abuse, misuse, or attempt to abuse or misuse your account, the Cashback Platform, or any other associated elements of RACQ Member Benefits Cashback.
      2. Engage in conduct contrary to these Terms.
      3. Fraudulently accumulate RACQ Member Benefits Cashback.
      4. Provide incorrect or misleading information.
      5. Engage in unacceptable conduct related to your account, including conduct that we reasonably suspect of dishonesty, fraud, or wrongful conduct.
      6. Declare bankruptcy, become of unsound mind, or pass away.
    3. Except where these Terms expressly provide otherwise; we are not required to notify you in advance for any action we take regarding your access to the Cashback Platform.
    4. In the event of the termination or suspension of RACQ Member Benefits Cashback, RACQ Member Benefits Cashback will be dealt with in accordance with clause 5.5. All disclaimers, exclusions, limitations and limitations on our liability will survive termination.

LIMITATION OF LIABILITY

    1. You acknowledge and agree that there may be:
      1. delay in issuing you with RACQ Member Benefits Cashback;
      2. acts, errors, or omissions by us in the course of providing RACQ Member Benefits Cashback (including as referred to in these Terms); or
      3. a suspension and/or termination of the Cashback Platform, including the ability for you to earn and enjoy cashback and the nature of reward redemption, and to the maximum extent permitted by law (and provided that nothing in these Terms limits your rights under the Australian Consumer Law or under any other law which cannot be excluded), RACQ and Wink will not be liable to you in any way for any cause in connection with such matters.
    2. You agree that any comments, suggestions or recommendations you may receive from us or others as part of RACQ Member Benefits Cashback 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 RACQ Member Benefits Cashback Platform, your reliance should be based solely on your own judgement, including as to the extent to which you should obtain or use any RACQ Member Benefits Cashback.
    3. Provided that nothing in these Terms limits your rights under the Australian Consumer Law (or any other law which cannot be excluded), any liability RACQ and Wink 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 us pursuant to these Terms, whether express or implied by statute, are excluded to the maximum extent permitted by law.

AVAILIABILITY OF CASHBACK PLATFORM

    1. Since electronic services are subject to interruption or breakdown, access to the Cashback Platform is offered on an “as is” and “as available” basis only.
    2. We may, acting reasonably, impose limits or restrictions on the use you may make of the Cashback Platform, features and functionality.
    3. Any cost associated with accessing the Cashback Platform is the user’s responsibility and is dependent on their respective internet or telecommunications service provider.

CHANGES TO THESE TERMS

    1. These are the current Terms. We may at any time change these Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services, content, features or functionality of RACQ Member Benefits Cashback or the Cashback Platform.
    2. You accept that we provide you with sufficient notice of any variation by making available on the Cashback Platform the current version of the Terms, unless otherwise required by the law or any applicable Code.
    3. By your use of the Cashback Platform after any variation, you are taken to have accepted the varied Terms. If you do not accept any changes to the Terms, you may terminate your account and your Cashback Balance will be dealt with in accordance with clause 5.5.

 

OTHER GENERAL CONDITIONS
    1. In these Terms, unless the contrary intention appears:
      1. the singular includes the plural and vice versa;
      2. headings are for convenience only and do not affect interpretation;
      3. a reference to ‘include’ or ‘including’ means ‘including but not limited to’.
    2. The information provided in the Cashback Platform has been provided in accordance with Australian laws only.
    3. The law applicable to RACQ Member Benefits Cashback, and to any complaints arising from it is the law in force in the State of Queensland, Australia. By accessing the Cashback Platform, you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia and any courts which have jurisdiction to hear appeals from such courts, unless the complaint relates to an insurance or banking contract in which case relevant state or federal law will apply.
    4. Should any part of these Terms be found to be void, unenforceable or invalid, then it is severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of the agreement.
    5. You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. Conduct includes delay in the exercise of any right. Right means any of our rights arising under or in connection with these Terms or otherwise and includes the right to rely on this term. Waiver includes an election between rights and remedies and conduct which might otherwise give rise to an estoppel.

CONTACT US

    1. If you have any queries or complaints regarding RACQ Member Benefits Cashback, please raise a customer enquiry under the ‘Help & Support’ section in the RACQ Member Benefits Cashback Platform.