Terms and Conditions
“LAVAZZA FATHER’S DAY CASH BACK 2020” PROMOTION
TERMS AND CONDITIONS
Instructions on how to claim and the cash back gift form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
The Promoter is Lavazza Australia Pty Ltd (ABN 94 605 275 107) of 117 Church Street, Hawthorn VIC 3122 (“Promoter”).
Claims are only open to Australian residents. Claimants under 18 years old must have parental/guardian approval to claim and further, the parent/guardian of the claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor submitting a claim in this promotion.
Employees (and their immediate families) of the Promoter, Participating Retailers (as defined below), and agencies associated with this promotion are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Promotion commences for purchases on 05/08/2020 and ends for purchases at 11:59pm AEST on 08/09/2020 (“Purchase Period”). Promotion commences for claims on 05/08/2020 and ends for claims at 11:59pm AEST on 15/09/2020 (“Claim Period”).
To be eligible to claim, individuals must purchase one (1) of the following Lavazza products from a Participating Retailer during the Purchase Period (“Qualifying Purchase”):
Lavazza Deséa A Modo Mio Coffee Machine;
Lavazza Jolie&Milk A Modo Mio Coffee Machine; or
Lavazza Jolie Plus A Modo Mio Coffee Machine.
A participating retailer is any The Good Guys, Harvey Norman, JB Hi-Fi or Betta Electrical store in Australia, including each of their relevant Australian online stores, as well as the Promoter’s online store www.lavazza.com.au (each a “Participating Retailer”).
To claim, individuals must then visit www.lavazzapromo.com.au, follow the prompts to the claim form, input the requested details (including their full name, mailing address, phone number, email address, bank account details (for the cash back), model number, serial number, purchase date and the name of the Participating Retailer where the Qualifying Purchase was made), upload a copy of the purchase receipt for the Qualifying Purchase and submit the fully completed claim form so that it is received during the Claim Period.
The Promoter reserves the right, at any time, to verify the validity of claims and claimant’s (including a claimant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete or indecipherable claims will be deemed invalid.
Only one (1) claim permitted per household.
Claimants must retain their original or a copy of their purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of a claimant’s claims and forfeiture of any right to a gift. Purchase receipt must clearly specify the store of purchase and that the purchase was made during the Purchase Period but prior to claiming.
If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
Successful claimants will be notified by email.
Every valid claim received will be awarded the gift of a cash back, as outlined in the table below. The cash back will be awarded in the form of EFT to the bank details specified on the claim form or as a Digital Mastercard, whichever the claimant prefers. Cash back gifts are not transferable or exchangeable.
Model Cash Back Amount Lavazza Deséa A Modo Mio Coffee Machine $50 Lavazza Jolie&Milk A Modo Mio Coffee Machine $30 Lavazza Jolie Plus A Modo Mio Coffee Machine $20
Claimants must ensure that all personal details provided on the claim form are correct. Claimants are responsible for providing full and accurate bank account details. The Promoter will not be responsible for a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.
The Promoter’s decision is final and no correspondence will be entered into.
If for any reason a claimant does not take / redeem a gift by the time stipulated by the Promoter, then the gift will be forfeited.
Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the Internet service provider used.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for anypersonal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of a gift.
Vault Pays-enabled Prepaid Mastercard Terms and Conditions
For the purpose of these terms:
(a) ‘We, Us and Our’ means Vault Payment Solutions Group Pty Ltd, ABN 66 632 373 105 (“Vault”);
(b) ‘You’ means the Card purchaser or user who has acquired the Card;
(c) ‘Pays’ means Apple Pay, Google Pay or Samsung Pay;
(d) ‘Card’ means the Vault Pays-enabled Prepaid Mastercard issued by EML Payment Solutions Limited, ABN 30 131 436 532 and distributed by Vault; and
(e) ‘Device’, means a mobile phone or wearable device that allows you to store a Card to the Device.
1. By allowing the addition of the Card into your Pays-enabled Device, you agree to be bound by these Terms and Conditions.
How the Card works
2. The Card is a Mastercard prepaid card that can be used for purchasing goods and services where the Card is accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions). The Card cannot be used as a credit card and cannot be linked to any deposit account. Some merchants may not accept the Card.
3. The Card cannot be used to make transactions that exceed the Card’s available balance. To complete such a transaction you will need to pay the difference by another method, if the merchant agrees.
4. The Card is not reloadable, and is only valid and useable until the expiry date shown on the front of the Card. Upon expiry, the remaining available balance is forfeited. We will not give you any notice before this happens.
5. Once issued to You, the Card must be activated by using an activation code, within 2 months from the date of issue to be valid. You will be suppled with an activation code.
6. The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular instalment payments. Authorisations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card). We are not liable in any way when authorisation is declined for any particular transaction, except where the authorisation has been declined because of an act or omission on our part.
7. We will not charge any fees for using the Card. However, some merchants may charge you for using the Card and such fees may be deducted from the balance of your Card at the time of the transaction.
8. A 2.99% foreign exchange conversion fee applies to any transactions in a currency other than Australian dollars and is calculated on the Australian dollar transaction amount. This will be included in the total transaction amount debited to the Card.
9. You are responsible for all transactions on the Card, except where there has been fraud or negligence by our employees or agents. If you notice any error relating to the Card, you should immediately notify Vault Client Services on (03) 8614 3402 during business hours or alternatively you can send an email to [email protected].
10. If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you can contact Vault Client Services on (03) 8614 3402 during business hours or alternatively you can send an email to [email protected].
11. You are responsible for checking your transaction history, knowing the available balance and date of expiry for the Card, all of which is available to you on your Device.
12. We are not liable in circumstances where you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method. You must ensure that you select the correct card prior to using your Device as a payment method.
13. We are not liable for the use, functionality or availability of a Device, the availability of merchants who allow the use of the Card as payment, or a reduced level of service caused by the failure of third party communication and network providers (except to the extent deemed liable under the ePayments Code).
14. We are not liable for transactions on your Card if:
a) your Device security measures are compromised;
b) where you allow others access to, or the means to access, your Device; or
c) any other circumstances in which you allow others to circumvent the security measures of your Device.
15. To the extent permitted by law, We:
a) exclude all statutory or implied conditions and warranties and any other liability We may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action howsoever arising out of, or in any way related to, the use of the Card and our goods and services;
b) limit our liability under any condition or warranty which cannot be legally excluded in relation to the supply of goods or services to (at our election) replacing the goods or services or supplying equivalent goods or services again; and
c) make no warranties or representations about our goods or services or the content related to our goods and services, including but not limited to warranties or representations; that such content will be complete, accurate or up-to-date or that access to the Card or related services will be uninterrupted, error-free or free from viruses.
16. We may restrict or stop the use of the Card if suspicious activities are noticed.
17. Any refunds on Card transactions are subject to the policy of the specific merchant. Refunds may be in the form of applying a credit to the Card, cash refund or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card) then you will have no access to those funds.
Queries and Complaints
19. If you have a complaint relating to the Card, please contact EML at any of the following:
Phone: 1300 739 889 (9am – 5pm), Monday to Friday (Sydney time)
Email: [email protected]
Mail: Locked Bag 5, Fortitude Valley BC, 4006
Changes to Terms and Conditions
21. We reserve the right to change these Terms and Conditions at any time. Any changes to the Terms and Conditions can be viewed at www.vaultps.com.au.