Marmalade Rewards,Terms & Conditions

These Marmalade Rewards Terms and Conditions constitute Marmalade’s agreement with you about M-Coin, which is a loyalty reward coin awarded to you by Marmalade. You are only eligible to participate in Marmalade Rewards if you have been provided access to a Marmalade Service.

By accessing or using M-Coin in any way, you agree to be bound by these Marmalade Rewards Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you must not access or use M-Coin.

These Marmalade Rewards Terms and Conditions are separate to the POP Terms and Conditions which govern your use of the POP Service provided by Marmalade. For more information on Marmalade’s POP Service including a copy of the Product Disclosure Statement (PDS), Target Market Determination (TMD), Financial Services Guide (FSG) and to access a current copy of the POP Terms and Conditions visit Marmalade’s website at https://www.marmalade.com.au/.

If you have any queries or complaints regarding M-Coin or the Marmalade Services, please contact Marmalade by:

Mail: Level 7, 180 Flinders Street, Melbourne VIC 3000 Email: support@withmarmalade.com.au Website: https://www.marmalade.com.au/

For queries or complaints regarding POP Services, refer to the POP Terms and Conditions or the PDS for more information on how queries and complaints are dealt with.

In these Marmalade Rewards Terms and Conditions:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

POP Terms and Conditions means the POP Terms and Conditions published by Marmalade as amended from time to time.

Marmalade Rewards means the Marmalade loyalty rewards program administered and managed by Marmalade under these Marmalade Rewards Terms and Conditions.

Marmalade Rewards Portal refers to the means by which you may access the Marmalade Rewards service as provided by Marmalade, such as via a website or app.

M-Coin means either the Marmalade loyalty rewards program administered and managed by Marmalade under these Marmalade Rewards Terms and Conditions or the actual ‘M-Coin’ earned or converted by you.

Eligible Instruction means a type of instruction which we have approved such that when that instruction is processed, you earn M-Coin through one or more of Marmalade’s services in accordance with these Marmalade Rewards Terms and Conditions.

Ineligible Instruction means any instruction made by you to Marmalade for a Service where the instruction is:

1. (a)

   restricted by applicable laws;

2. (b)

   determined by us, acting reasonably, to be ineligible from time to time;

3. (c)

   related to betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at race tracks; or

4. (d)

   political donations.

Participating Partner has the meaning given in clause 5.1 of these Marmalade Rewards Terms and Conditions.

Privacy Policy means the privacy policy available at: www.marmalade.com.au/privacy-policy

Rewards means incentives or M-Coin offered or provided as part of Marmalade Rewards, as described in the Terms and Conditions which apply to M-Coin and any Marmalade Service.

1. 2.1

   Interpretation

   1. (a)

      the singular includes the plural and vice versa;

   2. (b)

      a reference to ‘include’ or ‘including’ means ‘including but not limited to’; and

   3. (c)

      other expressions used in these Marmalade Rewards Terms and Conditions which are not defined here have the same meaning as in the POP Terms and Conditions.

1. 3.1

   Eligibility Criteria You are only eligible to participate in Marmalade Rewards if you satisfy all of the following criteria:

   1. (a)

      you hold or have been provided access to a Marmalade Service which generates M-Coin;

   2. (b)

      you are not in breach of the POP Terms and Conditions or these Marmalade Rewards Terms and Conditions;

   3. (c)

      you have a valid Marmalade account in your name which you use to access the Marmalade Services; and

   4. (d)

      your use of the relevant Marmalade Service has not been terminated or suspended.

2. 3.2

   Eligible Products and Services Only certain Services are eligible for M-Coin under these Marmalade Rewards Terms and Conditions. Eligible Services will be listed on the relevant Service portal.

3. 3.3

   Usage When participating in Marmalade Rewards, you must not use M-Coin for fraudulent, improper or unlawful purposes.

1. 4.1

   Registration

   1. (a)

      You are registered for Marmalade Rewards when you successfully register for a relevant Marmalade Service in accordance with that Service’s Terms and Conditions (such as the POP Terms and Conditions).

   2. (b)

      You must not join or use M-Coin on behalf of any other individual or allow another individual to use M-Coin on your behalf.

2. 4.2

   Disclosure You acknowledge that Marmalade may share your details including your personal information with external service providers to enable you to receive and use M-Coin.

1. 5.1

   Participating Partner

   1. (a)

      Marmalade has partnered with goods and service providers to allow you to convert M-Coin for certain rewards or discounts on products and services purchased through the Marmalade Rewards portal (each a Participating Partner).

   2. (b)

      Any product or service you purchase from a Participating Partner, whether through the Marmalade Rewards portal or otherwise, is governed by and subject to the Participating Partner’s policies and terms, including their return, cancellation, and shipping policies (as applicable).

   3. (c)

      Unless stated otherwise, any Participating Partner is not an agent of Marmalade and operates independently. Your receipt of any goods or services offered or promoted by a Participating Partner is solely between you and the Participating Partner, unless otherwise specified by Marmalade. Marmalade is not responsible for any withdrawal or modification of a good or service and any effect this may have on your M-Coin balance with Marmalade.

   4. (d)

      Marmalade is not responsible for any changes to, or discontinuation of a Participating Partner (or the goods and services offered by them). Except as provided in any law which cannot be lawfully excluded or modified by agreement, Marmalade assumes no liability or responsibility for any content, goods or services provided by a Participating Partner including the quality, merchantability or fitness of such content, goods or services or that such content, goods or services are lawful.

1. 6.1

   Eligible Instructions When using a Marmalade Service, including the POP Service, you may receive M-Coin on Eligible Instructions made through a Marmalade Service portal. The number of M-Coin earned by you for using Marmalade Services may change from time to time.

2. 6.2

   Converting M-Coin may change from time to time

   1. (a)

      The good or services which M-Coin can be used to convert into may change from time to time and current goods or services available will be published by Marmalade. You should confirm the continued availability of the good or service required before converting the good or service using M-Coin. Any changes to the goods or services will have no effect on an Eligible Instruction made prior to the date of change.

   2. (b)

      Marmalade does not represent or guarantee that a certain number of goods or services will be made available to M-Coin holders.

   3. (c)

      Your ability to acquire goods or services using M-Coin may be affected by human or technical error or other events beyond Marmalade’s control, which may include Participating Partner’s systems, viruses or faults on Marmalade’s Service portals. To the maximum extent permitted by law, Marmalade is not liable for any error arising as a consequence of or in connection with the processing of a good or service through the Marmalade Rewards scheme except to the extent caused by the wilful misconduct, fraud or negligence of Marmalade (or its employees, agents, officers or contractors).

1. 7.1

   Earning M-Coin

   1. (a)

      You may earn M-Coin through any Eligible Instruction you provided to Marmalade and which Marmalade has confirmed by notification to you or provision of M-Coin through the Marmalade Rewards portal.

   2. (b)

      You are only entitled to one set of M-Coin for each Eligible Instruction. You will not earn M-Coin if the Eligible Instruction is cancelled, refunded or terminated or if you breach any of your obligations in relation to the Eligible Instruction.

   3. (c)

      Ineligible Instructions are excluded from earning M-Coin.

   4. (d)

      Marmalade does not guarantee or represent any quantum of M-Coin you may earn as a result of participating or using Marmalade Services, unless otherwise specified by Marmalade.

2. 7.2

   Crediting Rewards

   1. (a)

      Marmalade will use its reasonable endeavours to credit your M-Coin balance to you within one day after Marmalade receives an Eligible Instruction or such other time period specified in the Marmalade Terms and Conditions, Service Portal or website. It is your responsibility to check that you have been credited with the correct number of M-Coin.

   2. (b)

      If you have not been credited with the M-Coin in accordance with clause 7.2(a) of these Marmalade Rewards Terms and Conditions, you must make a claim for the crediting of M-Coin within 90 days after Marmalade receives the Eligible Instruction. Unless otherwise specified by Marmalade, claims for the crediting of M-Coin cannot be made if you do not meet the eligibility criteria set out in these Marmalade Rewards Terms and Conditions.

   3. (c)

      Marmalade reserves the right to deny or revoke the crediting of M-Coin at any time if Marmalade or the Participating Partner determines that the M-Coin was improperly obtained or erroneously credited.

3. 7.3

   Holding rewards You may view your M-Coin balance at any time by logging into the Marmalade Rewards Portal. Your M-Coin balance will be held in credit on the Marmalade Rewards Portal issued by Marmalade until you convert your M-Coin in accordance with clause 7.4 of these Marmalade Rewards Terms and Conditions. Any M-Coin which has not been converted before termination of your access to Marmalade Services or Marmalade Rewards will be forfeited.

4. 7.4

   Converting rewards

   1. (a)

      You may convert your M-Coin using the Marmalade Rewards Portal at any time. Any request to convert your M-Coin is final and irreversible.

   2. (b)

      You must have accumulated an M-Coin balance equal to or greater than the minimum conversion amount indicated and communicated through the Marmalade Rewards Portal from time to time before you are able to convert your M-Coin. Any limits or other criteria applying to a conversion request may also be stipulated on the Marmalade Rewards Portal or on Marmalade’s website.

   3. (c)

      To convert your M-Coin, you must satisfy any eligibility criteria outlined in these Marmalade Rewards Terms and Conditions and specified on the Marmalade Rewards Portal at the time of conversion;

   4. (d)

      You may convert your M-Coin by instructing Marmalade via the Marmalade Rewards Portal to:

      1. (i)

         apply your M-Coin balance to any Marmalade Service made using Marmalade (unless indicated otherwise); or

      2. (ii)

         convert your M-Coin in exchange for goods or services offered by a Participating Partner.

   5. (e)

      To give effect to the conversion methods set out above, you acknowledge that:

      1. (i)

         Marmalade may require further information (including personal information) from you; and

      2. (ii)

         Marmalade may share your information (including personal information) with an external service provider or such other third party (such as a Participating Partner) as may be necessary to enable Marmalade to convert your M-Coin in accordance with your instructions.

1. 8.1

   Discounts may be made available by Participating Partners on eligible purchases through the Marmalade Rewards Portal or website from time to time.

2. 8.2

   The Discounts may be made available for a limited duration and may be subject to specific, terms, conditions, or exclusions. You should ensure that you are aware of and understand such term, conditions, or exclusions before proceeding with the Eligible Instruction.

3. 8.3

   If you have not received the Discount, you should consult with the Participating Partner to find out why. Except as provided in any law which cannot lawfully be excluded or modified by agreement, Marmalade assumes no liability or responsibility for any failure by a Participating Partner to honour the Discount the Participating Partner makes available through the Marmalade Rewards Portal.

4. 8.4

   Marmalade does not guarantee or represent that Discounts will be made available for a certain time period.

1. 9.1

   Termination without cause Marmalade may terminate or suspend your participation in Marmalade Rewards at any time by giving you at least 30 days’ notice.

2. 9.2

   Termination with cause Marmalade may terminate or suspend your participation in Marmalade Rewards, immediately and without notice, if:

   1. (a)

      you breach the Marmalade Rewards Terms and Conditions, the terms and conditions of any Agreement between you and Marmalade including the POP Terms and Conditions or the Supplier Agreement, where such breach gives rise to a materially adverse risk for Marmalade;

   2. (b)

      your Marmalade Rewards account remains inactive for greater than 12 months; or

   3. (c)

      your access to Marmalade Services has been terminated or suspended.

3. 9.3

   Termination by you You may cancel your participation in Marmalade Rewards at any time through the Marmalade Rewards Portal or by contacting your Marmalade Representative.

4. 9.4

   Consequences of termination

   1. (a)

      If your participation in Marmalade Rewards is terminated or cancelled for any reason, such termination or cancellation is final and any M-Coin which has not been converted before termination or cancellation will be forfeited.

   2. (b)

      Upon termination (or suspension) of your participation in Marmalade Rewards, Marmalade may also suspend or terminate your access to Marmalade Services.

1. 10.1

   Amendment We may change these Marmalade Rewards Terms and Conditions, or any part of it, at any time without your consent, for one or more of the following reasons:

   1. (a)

      to comply with any change or anticipated change in any law, code of practice, guidance or general industry practice;

   2. (b)

      to reflect any decision of a court, ombudsman or regulator;

   3. (c)

      to reflect a change in our systems or procedures, including for security reasons;

   4. (d)

      to respond to changes in the cost of providing the M-Coin; or

   5. (e)

      to make these Marmalade Rewards Terms and Conditions clearer or to provide additional M-Coin features.

2. 10.2

   Advance notice of changes Unless the change has no material impact on your obligations, or otherwise reduces your obligations, we will give you 30 days’ advance notice of any change.

You agree to receive communications including information on goods, services, M-Coin, Discounts or other deals available through the Marmalade Rewards Portal. Marmalade may communicate with you using the contact information you have provided to us when registering or using Marmalade Services or M-Coin.

In respect of Marmalade Rewards, you consent to receive electronic communications including any notices or other information that we may be required to provide you by law in writing unless you have withdrawn or varied your preferences through a Marmalade Services Portal or by contacting us.

1. 12.1

   Indemnity You agree that Marmalade is not liable for any loss, damage or liability in connection with:

   1. (a)

      the unauthorised use of your M-Coin or any goods or services you obtain through M-Coin;

   2. (b)

      any goods and/or services purchased from third parties by you;

   3. (c)

      any goods, services, rewards or Discounts contained on our website or contained in communications sent to you by us or on our behalf, where these are provided to us by a Participating Partner;

   4. (d)

      any failure of or delay in a Participating Partner or external service provider failing to provide us with any information or perform any act upon which we depend; or

   5. (e)

      any failure or default beyond our reasonable control,

   except to the extent that the loss, damage or liability is the result of Marmalade fraud, negligence or wilful misconduct (including that of our contractors, officers, employees and agents).

2. 12.2

   Australian Consumer Law You may have the benefit of certain protections under the Australian Consumer Law. Nothing in this document shall be taken to exclude liability which may not be excluded under the Australian Consumer Law. However, to the extent permitted under the Australian Consumer Law and except as otherwise specified in these Marmalade Rewards Terms and Conditions, in relation to any loss you have suffered:

   1. (a)

      our liability is limited to the cost of providing the relevant services again; and

   2. (b)

      we have no liability for any indirect, special or consequential loss (including loss of profits, actual or anticipated revenue).

1. 13.1

   You agree that Marmalade may collect, hold, use and disclose your personal information as described in these Marmalade Rewards Terms and Conditions, including any other privacy notices that we provide you.

2. 13.2

   We collect personal information that you provide to us or generate when you register for Marmalade Rewards. This personal information is used for:

   1. (a)

      any specific purposes for which you provide it to us;

   2. (b)

      the general operation of Marmalade Rewards, so that you can access and use the functions and services of M-Coin;

   3. (c)

      to help our external service providers and partners to fulfil their regulatory obligations; and

   4. (d)

      other purposes as otherwise notified to you.

3. 13.3

   Our Privacy Policy describes how Marmalade collects, hold, use and disclose personal information in the course of its business operations as a whole. It also explains how you can seek to access or correct any personal information Marmalade holds about you, how to complain about a privacy breach and how Marmalade will deal with a privacy complaint.

1. 14.1

   These Terms are governed by and are to be construed under the laws in force in the State of Victoria, Australia.

2. 14.2

   Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.