Terms and Conditions

SUPERSUPER Terms & Conditions

1. Definitions

   1. "ACL" means the Australian Consumer Law (ACL) Schedule of the Competition and Consumer Act;
   2. “Business” means Retail Partners, Online Partners, retailers or businesses offering Services via the Program.
   3. "Consumer" is as defined by the ACL;
   4. "Fund" means Guild Retirement Fund ABN 22 599 554 834, which comprises GuildSuper and Child Care Super.
   5. "Guild" means Guild Trustee Services.
   6. "Cashback" means a Reward provided through the Online Shopping platform which is added to your superannuation account.
   7. "Voucher" means the eVoucher, Voucher, eCard, Gift Card or ticket provided by the Supplier via the Site or by mail on request from You.
   8. “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
   9. "Member” means a member of the Fund who has been provided with access to use the Program.
   10. "Online Partner" means Guild's Retail Partners for the Online Shopping platform."Online Shopping" means that part of the SUPERSUPER platform on which You can navigate to the Online Partners tab, select an Online Partner, and then make a purchase on the Online Partner's website.
   11. "Payment" means all moneys paid for the supply of the Program and Services in Australian Dollars.
   12. "Program" or “SUPERSUPER” means the SUPERSUPER branded Loyalty, Rewards, Membership and Payment Software Platform (including the Online Shopping platform) delivering Services to You.
   13. “Retail Partner” means the Business or retailer offering Services to You.
   14. "Rewards" means rewards in the form of superannuation contributions to the Fund on Your behalf and includes Cashbacks;
   15. "Services" means the products, rewards and other benefits provided by the Supplier and any participating Business within the Program.
   16. "Site" means the Program website made available to You in accordance with these Site Terms.
   17. "Site Terms" means these Program Terms and Conditions.
   18. "Superannuation Law" means any requirement of the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation Guarantee (Administration) Act 1992 (Cth), any regulations and rules made pursuant to these Acts, any regulatory standards, any instrument, policy or interpretative document issued by a regulator (including any guidance notes and policy statements).
   19. Supplier means the provider of Services within the Program to You.
   20. “You” or “Your” means the Member.

2. Superannuation contributions

   1. Members aged over 75 will not be eligible to register for the Program.
   2. Registered Members aged 75 and over will not be able to access Rewards through the Program.
   3. Members aged between 65 and 74 are permitted to access Rewards through the Program, on the condition that they are eligible to make Non-Concessional Contributions to superannuation by meeting the “work test” as defined in Superannuation Law.
   4. Member are responsible for ensuring that they will not exceed their Non-Concessional Contribution Caps through contributions made by the Member or on the Member's behalf, including any Rewards through the Program. Members acknowledge that any Rewards which would exceed the Non-Concessional Contribution Caps may result in additional tax.
   5. Accumulated SUPERSUPER Rewards contributions will be transferred to the Fund monthly.
   6. Processing of SUPERSUPER Rewards contributions by Guild may take up to 10 business days after they are received from the Supplier. In rare circumstances processing may exceed 10 days.
   7. The Member acknowledges responsibility for monitoring the flow and accuracy of Rewards contributions from Retail Partners and/or Online Partners to SUPERSUPER. Once Rewards contributions are received by the Fund, these contributions are governed by Superannuation Law.
   8. Once You register for the SUPERSUPER Program, Guild will share your membership details with the Supplier.
   9. If You leave the Fund, you will lose access to the Rewards available in the SUPERSUPER Program. Any Rewards contributions not paid to the Fund at the date of your exit from the Fund will be rolled over to the superannuation fund to which You have chosen to rollover your benefit. You can access Rewards by re-joining the Fund and the Program. If you have not supplied your Tax File Number (TFN), the Rewards contributions may be forfeited.
   10. By using the Site, You agree to the Fund's Privacy Policy. The Fund's Privacy Policy can be found on the Fund’s public website.
   11. Members must supply their Tax File Number (TFN) to Guild or Guild cannot accept Rewards contributions.
   12. If Rewards contributions cannot be accepted by Guild, these contributions may be returned to your My Cash account.
   13. Guild is permitted to view your transactional history with the Program.
   14. Any refunds for goods or services you have purchased through the Program are subject to these Terms & Conditions.
   15. By using the Program you agree to comply with and be subject to the Guild Terms and Conditions.

3. Site Terms

   1. The Site is owned and operated by the Supplier.
   2. Through this Site:
      1. You can register as a Member;
      2. You can subscribe for access to the Program; and
      3. You can access the Services, subject to being an eligible Member.
   3. These Site Terms apply to the use of the Program and the Site, including the use of the Services offered on this Site.
   4. Any party that is registered to use the Program, and uses the Program whether as a Member or Guild, hereby agrees to be bound by these Site Terms.
   5. If You do not accept these Site Terms, please discontinue using this Site immediately. If You use the Site, you will be deemed to have accepted these Site Terms in their entirety.
   6. These Site Terms must be read in conjunction with any other applicable policies, terms and conditions governing the use of this Site as advised from time to time.
   7. The Supplier reserves the right to amend these Site Terms at any time.
   8. Members’ access and use of this Program is permitted by Guild, and Guild acknowledges and agrees that it is and remains liable to the Supplier for any misuse of the Program by Guild (i.e. use of the Program outside the scope of these Program Terms and Conditions), and liable for any misconduct in using the Program by Guild (i.e. using the Program in a manner deemed to be fraudulent or unethical by the Supplier).
   9. Supplier may, at its discretion, suspend access to the Program due to any breach of the Site Terms.
   10. Supplier may, change or add to this Program, any information or offers including products and services contained herein at any time.
   11. While Supplier will use all commercially reasonable efforts to ensure that information on this Program is accurate and up to date, Supplier will not be liable to You and any other third party for any errors displayed within the Program.
   12. In the event that Guild’s supply of the Program is terminated, the Supplier may continue to provide access to Services to the Member with the exception of any benefits that would have applied exclusively to Guild’s branded Program.

4. Disclaimers and Liabilities

   1. You are ultimately liable for any loss, damage, claim, fees, chargeback, demand and expense suffered or incurred by the Supplier as a result of a breach of the Program Terms and Conditions, and for any misuse, misconduct and fraudulent activity by You.
   2. Supplier will not be liable for any damage to or any viruses that may affect your computer because of your access to this Program.
   3. Supplier is not liable if interference with or damage to your computer systems occurs in connection with the use of this Program or linked websites.
   4. You may not use this Program to collect or harvest personal information including Internet addresses about Businesses participating in the Program.
   5. You may not purchase Services through this Program with the intention of on selling them or for generating profit for yourself, or for any other third party.
   6. Supplier will be under no liability whatsoever to Guild or its Members in respect of any loss or damage which may be suffered or incurred due to misuse, misconduct or fraudulent activity by Guild or Member.
   7. To the extent permitted by law, no warranty condition, description or representation by Supplier is given or implied or has been given or implied, and any statutory or other warranty condition, description or representation is hereby excluded.
   8. Supplier will not be liable for any loss resulting from Your failure to take reasonable steps to keep your Site account access details and password confidential and secure at all times. Such reasonable steps include not disclosing your access details and password to any other person (including a family member or friend) and not utilising the "Remember me" function of the Site on a shared public device.
   9. It is Your responsibility to check the expiry date of the voucher purchased. Expiry date is from date of issue, and date of issue will not always match date of purchase.

5. Warranties

   1. The Services on the Program are provided "as is". Supplier does not warrant that any Service provided or referenced by this Program is either merchantable or accurate or that such information or service will fulfil any of your purposes or needs.
   2. While Supplier uses commercially reasonable efforts to include accurate and up-to-date information on the Program, Supplier makes no warranties or representations as to its accuracy.
   3. Supplier may periodically add, change, remove or improve any of the information, products, Services, Programs and technology described in the Program at the Supplier’s discretion.
   4. Supplier assumes no liability or responsibility for any errors or omissions in the content of the Program.

6. Third Parties

   1. Neither the Fund nor the Supplier will be liable for any mistake, failure or negligent action on the part of any Business providing Services in the Program.
   2. Businesses providing Services in the Program reserve the right to change, modify or cancel any offers at their discretion.
   3. Under no circumstances will the Fund or the Supplier be liable for any incidental, special or consequential damages, loss of business, or loss of profits arising in relation to use of the Program, website materials or linked materials.
   4. In maintaining and operating this Program, the Fund and the Supplier rely upon information provided by third parties. Neither the Fund nor the Supplier can provide a guarantee against loss, liability, damage and expense if the Site Terms offered are not met.

7. Termination and Suspension

   1. An agreement commences on the date that Site access is granted to You, and continues until terminated in accordance with its terms.
   2. Supplier may at its discretion, suspend or terminate access to the Program in the case of a breach of any Site Terms, without notice.

8. Electronic Listings and Advertisements

   1. Supplier does not accept responsibility for the accuracy, error or omission in any advertisements published within the Program, and disclaims all liability to Guild or Members for any loss or damage arising from such inaccuracy, error or omission.
   2. Each Business providing Services in the Program that lists the Services offered on this Site shall own the copyright of the listing or the advertisement.
   3. The linked websites on this Program are provided for convenience only and may not remain current or be maintained. Links to third party websites should not be construed as any endorsement, approval, recommendation, or preference by Supplier, of those third-party sites, and of any information, products or services referred to on those sites.

9. Trade Marks

   1. Other products and company names mentioned in this Program may be the trade marks of other third parties, people or entities. Nothing in these Site Terms transfers any right title or interest in any trade marks to Guild.

10. Personal Information

    1. When transacting with You, Supplier may ask You for Your name, email, mobile number, membership information, and any other relevant information required to accurately identify You.
    2. Supplier will handle all personal information provided by You in accordance with Supplier’s Privacy Policy.
    3. All parties are bound to comply with all relevant company and consumer privacy laws and regulations, including the National Privacy Principles and Information Privacy Principles made under the Privacy Act 1988 (Commonwealth).

11. Delivery

    1. Supplier cannot take responsibility for any Services, Gift Cards, Vouchers or Tickets that are misplaced, lost or stolen in transit. Mailed purchases will be sent by Australia Post’s Registered Post service (for a fee to the Member). Australia Post will be responsible for Services or purchases that are misplaced or lost when sent via this method.

12. Governance

    1. This Program shall be governed by and construed in accordance with the laws of the State of Victoria, and the parties irrevocably submit to the jurisdiction of any Court of that State.

13. Payments, Refunds & Chargebacks

    1. You agree to pay for Services within the Program in Australian Dollars.
    2. Payment can be made by credit/debit card and Direct Deposit, or other payment options made available to You by Supplier. Once payment has been cleared, the Supplier will distribute the Services you have purchased. You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and the Supplier. If the issuer of your credit card refuses to authorise payment for products within our Program, the Supplier will not be liable for any delay or non-delivery of Services.
    3. Expiration of any Services including but not limited to gift cards and vouchers may vary depending on the requirements of the participating Business and Service providers.
    4. All digital or physical vouchers sold via this Program are restricted by the terms and conditions of each individual Business, and should be found in the terms & conditions of the individual Business. All digital gift cards and vouchers are non-refundable, as they are to be treated as cash. Gift cards and vouchers are valid until the expiry date indicated and cannot be exchanged or replaced. Vouchers are sold for the personal use of Members only. Vouchers or gift cards are not to be re-sold and cannot be re-distributed.
    5. Supplier will only process card transactions that have been authorized by the applicable card issuer, and does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Supplier may add or remove one or more payment methods at any time.
    6. If a chargeback occurs, Guild will use commercially reasonable efforts to assist the Supplier and the Member to resolve the dispute.

14. Online Shopping and Cashbacks

    1. The Online Shopping platform provided as part of the Program allows you to earn Cashbacks on purchases made with Guild's various Online Partners.
    2. Once you click ‘Shop now’, you will be transferred to the Online Partner's website for you to transact, at which point the Online Partner bears all responsibility for your transaction
    3. Complete Your purchase without opening other websites as this will affect tracking.
    4. Please ensure the browser You are using is set to accept cookies.
    5. Please disable any ad, pop-up, or tracking blocking software when making a purchase.
    6. Do not close your browser session when making a purchase with an Online Partner. If you close your browser then you will need to return to the SUPERSUPER platform to activate a new connection to receive your Rewards contribution to your super account.
    7. All Online Partners have their own terms & exclusions as well as Special Terms and Cashback Terms and Tips which You should read before making a purchase. Without limiting any Program Terms and Conditions, any Services purchased through the Online Shopping platform from any Online Partner are governed by and subject to that Online Partner's policies and terms & conditions. You agree that Guild is not an agent of any Online Partner and that all Online Partners operate independently of Guild. Accordingly, Guild does not assume any liability, obligation or responsibility for any offer or promotion (including the withdrawal or modification of any offer or promotion) of any Cashbacks by the Online Partners.
    8. Cashback is only payable on eligible purchases, and may exclude freight, delivery, taxes and GST.
    9. Subject to Online Partners' terms, Cashbacks may not be payable with the use of coupons, vouchers, discount codes or gift cards for payments.
    10. If the goods or services are cancelled, returned or refunded, Cashback will not be payable.
    11. Cashback value may vary from Online Partner to Online Partner. Cashback value is also subject to change and is based on the rate at the time of purchase.
    12. Cashback processing & allocation occurs after the end of the Online Partner’s returns period (which may be up to 120 days)., however please be aware that delays may occur due to public holidays or other unforeseen reasons.
    13. Cashback will be paid into Your superannuation account once the Online Partner sends the agreed Cashback to the Supplier.
    14. Successfully tracked transactions may take up to 7 business days to display within Your Activity section, where You can follow the status of Your Cashback.
    15. You are responsible for any chargebacks, as provided under the sections entitled "Disclaimers and Liabilities" and "Payment, Refunds & Chargebacks" of these Program Terms and Conditions.
    16. Guild has taken every care to ensure that information used to process SUPERSUPER Rewards to Members is accurate. Please note however, third parties are involved in facilitating data feeds from the Online Partner to the Supplier. Third party data feeds are not controlled by Guild and Guild assumes no liability or responsibility for any errors or omissions in these data feeds. Guild will assist where possible in Cashback queries between You and the Supplier, but ultimately You are responsible for resolving the query with the Online Partner.

15. Contact

    1. For any notice to be given in writing, or to get in touch with us, please email support@ewallet.com.au