*Terms and conditions apply. Maximum cashback amount is $100 per eligible transaction made on a registered Visa card or Mastercard. Only available at participating restaurants. For more details visit racq.com/diningrewards ^Cashback payments made monthly.
These Terms govern the RACQ Dining Rewards Program and contain important information, including disclaimers and limitations of liability.
Please see clause 14 for definitions of capitalised terms.
Application of these Terms
1.1 You agree to be bound by these Terms by checking the "I have read and understood the terms and conditions" box when registering for participation in the Program on the RACQ Dining Rewards Website. If you do not accept these Terms, you will not be entitled to use the Program.
1.2 You agree that you have the necessary capacity to enter into a binding legal contract.
1.3 RACQ may from time to time review and update these Terms. Your use of the Program will be governed by the most recent Terms posted at the Dining Rewards Website. By continuing to use the Program, you agree to be bound by the most recent Terms. It is your responsibility to check the Dining Rewards Website regularly for updated versions of the Terms. RACQ will provide you with at least 14 days' prior notice of any material changes to the Terms. Notice of any material change to the Terms will at RACQ’s option to either be published on the Dining Rewards Website or sent to the email address registered with the Program.
1.4 The use and operation of your Visa or Mastercard will also be subject to separate terms and conditions provided to you by your Card Issuer.
1.5 You agree that you have not relied on any matter that is not expressly stated in these Terms.
2. The Program
The Program allows you to earn a Cash Reward when using your Visa or Mastercard with Participating Merchants.
3. Registering for the Program
3.1 In order to register for the Program and remain registered for the Program, you must:
a) be a paid-up member of RACQ;
b) provide the mandatory User Information required by RACQ Dining Rewards Program;
c) register a valid Visa or Mastercard to your RACQ Dining Rewards Account;
d) be an authorised holder and user of the Visa or Mastercard; and
e) fully and validly complete the registration process.
3.2 You can register all of your Visa and Mastercard cards in the Program providing they are all in your name and issued by an Australian financial institution.
3.3 You must maintain and promptly update the User Information to keep it true, accurate, current and complete. It must include a current email address.
3.4 Your RACQ Dining Rewards Account will be active upon registration and verification in accordance with these terms.
3.5 You represent and warrant that:
a) you are the individual identified in the registration and verification process;
b)you are an authorised user of the Visa or Mastercard; and
c) the User Information that you have provided to RACQ Dining Rewards is true and correct.
3.6 If you provide any User Information that RACQ Dining Rewards believes to be untrue, inaccurate, not current or incomplete, RACQ Dining Rewards may suspend or terminate your RACQ Dining Rewards Account and remove your access to the Program.
3.7 If you provide any incorrect information or details (whether fraudulently or by mistake), you may not be entitled to earn Cash Rewards.
3.8 When using the Program, you are responsible for maintaining the confidentiality of your User Information, and for restricting access by third parties to your RACQ Dining Rewards Account. You are liable if your User Information is used by an unauthorised person or for an unauthorised purpose. You are fully responsible for all activities that are conducted under your Account.
3.9 If you believe that any of your User Information has been compromised, lost or misplaced, you must contact RACQ immediately.
4. Special conditions of use
4.1 In order to be eligible for a Cash Reward, you must:
make a purchase with a Participating Merchant;
use a Visa or Mastercard that is registered to a RACQ Dining Rewards Account; and
if you make a purchase using electronic funds transfer at a physical over the counter point of sale, ensure that your purchase is made using the "credit" function ("CR") for payment at the time of purchase whether or not your Visa or Mastercard is a credit card, debit card, or prepaid- reloadable card.
4.2 You agree that the Cash Reward can only be applied to your RACQ Dining Rewards Account registered to your Visa or Mastercard. If a different credit, debit or prepaid-reloadable card is used which is not registered to the RACQ Dining Rewards Account, no Cash Reward will be earned.
4.3 You must retain a copy of both the tax receipt and point-of-sale credit card receipt for each eligible transaction to which these Terms apply as these receipts may be needed as evidence in the event of a dispute or to verify qualifying purchases.
4.4 By registering a payment card in connection with transaction monitoring, you authorize the RACQ or its agents to share your payment card information with either Visa or MasterCard (depending upon the registered card). You authorise Visa or MasterCard (depending upon the registered card) to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa or MasterCard to share such transaction details with RACQ Dining Rewards to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by selecting the “opt out” link in “My details” within your Rewards Account.
5. Participating Merchants
5.1 You may only receive a Cash Reward when using the Program with Participating Merchants.
5.2 Participating Merchants are subject to change. A full list of the current Participating Merchants can be found at the RACQ Dining Rewards Website. It is your responsibility to check the RACQ Dining Rewards Website regularly to ensure that you are aware of the latest Participating Merchants and Cash Reward offerings.
5.3 All transactions using your Visa or Mastercard are with the Participating Merchant and not with RACQ nor RACQ Dining Rewards. Neither RACQ nor RACQ Dining Rewards have any responsibility or obligation for the transaction with the Participating Merchant. Neither RACQ nor RACQ Dining Rewards endorses or warrants any goods or services of Participating Merchants.
6. Cash Reward
6.1 What is a Cash Reward?
The Cash Reward is not property and may not be transferred, sold, held on trust, bequeathed or inherited.
6.2 Receiving a Cash Reward
a) The Cash Reward is calculated on the amount of Australian dollars charged to your Visa or Mastercard, less any amounts referred to in clause 6.2(d). The Cash Reward is only calculated based on the first $1000 of a qualifying transaction. The maximum Cash Reward per qualifying transaction is $100.
b) You acknowledge that the Cash Reward to which you are entitled may vary where you have entered into an agreement with third parties in relation to the Program.
c) The Cash Reward to which you are entitled in any given transaction may depend on factors such as:
1. minimum spend;
2. maximum spend;
3. time of purchase; and/or
4. number of purchases,
d) The Cash Reward will not be earned in respect of the following amounts that may be charged to your Visa or Mastercard:
1. interest and other bank fees and charges including without limitation foreign exchange conversion fees and reversals (and any GST payable on any of these);
2. Excluded Transactions;
3. balance transfers; and
4. payments in which you do not use the "credit" (CR) facility, including payments made through the Bpay® Electronic Payments Scheme.
e) Subject to clauses 6.2(f) and 6.2(g), you will receive the Cash Reward to which you are entitled within 60 days of the date on which the relevant transaction is settled by your Card Issuer and the Participating Merchant.
f)You acknowledge that it is the responsibility of your Card Issuer and the Participating Merchant to settle transactions. Whilst usually this occurs 24–48 hours after the transaction takes place, your Card Issuer or the Participating Merchant may not settle a transaction for up to 90 days.
g) You may not receive a Cash Reward if:
1. your Visa or Mastercard is cancelled for any reason;
2. your Visa or Mastercard has been lost or stolen (until the registered lost or stolen card has been removed from your RACQ Dining Rewards Account and has been replaced and you update your RACQ Dining Rewards Account details in accordance with clause 6.2(h));
3. your Visa or Mastercard has an expiry notification and you have not renewed your Visa or Mastercard (until you renew your Visa or Mastercard and update your RACQ Dining Rewards Account details in accordance with clause 6.2(h)); or
4. RACQ reasonably suspects that you have breached these Terms or the terms and conditions associated with your Visa or Mastercard in any way.
5. In order to continue using the Program, you must ensure that your RACQ Dining Rewards Account details reflect your current Visa and Mastercard number and expiry date. Replacement Visa and Mastercard’s must be re- registered to your existing RACQ Dining Rewards Account. In the event that the circumstances referred to clauses 6.2(g)(ii) or 6.2(g)(iii) occur, or if your Visa or Mastercard is cancelled and you obtain a new Visa or Mastercard, you must update your Visa or Mastercard number in your RACQ Dining Rewards Account (following the procedure on the RACQ Dining Rewards Website).
h) Any changes to your RACQ Dining Rewards Account (including to your User Information and Visa or Mastercard number) will be updated by RACQ Dining Rewards within 5 days.
6.3 Monitoring your RACQ Dining Rewards Account and using Cash Rewards
Your Cash Reward balance will be visible when you have logged into your RACQ Dining Rewards Account through the Rewards Website or any desktop or mobile application made available by Rewards or authorised third parties.
6.4 Refunds or returns and disputed transactions
a) Refunds or returns of goods or services purchased by you will trigger a reversal of the relevant Cash Reward associated with that transaction.
b) Where a refund or return of goods or services occurs after a Cash Reward has been claimed as a Cash Settlement, the Cash Settlement amount will become a debt due and payable from you to RACQ immediately (Debt). A reversal of the relevant Cash Reward associated with that transaction will occur, your Rewards Account will be debited by the relevant reversed Cash Reward, and the debit will be offset against other Cash Rewards in your Rewards Account including Cash Rewards you may earn in the future. Rewards may also recover the balance of the Debt from you directly and immediately upon request.
c) If your Visa or Mastercard is credited in connection with a disputed transaction, RACQ will adjust your Cash Reward total by deducting any Cash Reward that was earned in connection with the disputed (or subsequently reversed) transaction within 60 days (or longer depending on the terms of any agreement between you and third parties in relation to your Visa or Mastercard).
d) If you fail to comply with clause 6.4(b):
1. RACQ may suspend your account immediately;
2. RACQ may liaise with your Card Issuer and other relevant third parties in order to recover the Debt; and
3. RACQ may take any other necessary action in order to recover the Debt.
6.5 Transferring Cash Rewards
a) Cash Rewards cannot be transferred between different RACQ Dining Rewards Accounts.
b) Cash Settlements cannot be settled to an account other than the Visa or Mastercard Account.
c) Replacement Visa and Mastercard’s must be re-registered to your existing RACQ Dining Rewards Account in accordance with clause 6.2(h). Please log on to your RACQ Dining Rewards Account to register a replacement Visa or Mastercard.
7. Termination or expiry of the Program
7.1 RACQ Dining Rewards may suspend your RACQ Dining Rewards Account and your participation in the Program and/or terminate these Terms and your Rewards Account by giving you notice with immediate effect that you have breached these Terms.
7.2 If RACQ terminates these Terms and your RACQ Dining Rewards Account in accordance with clause 7(a), all of your Cash Rewards will vest in RACQ.
7.3 You may terminate your RACQ Dining Rewards Account for any reason by selecting the “opt out” link in “My details” within your RACQ Dining Rewards account.
7.4 Any unused Cash Rewards at the end of this period will be deposited as a Cash Settlement into your Visa or Mastercard Account, or if this is not possible, will vest in RACQ.
7.5 RACQ may terminate your RACQ Dining Rewards Account and/or the Program for any reason at any time by giving you 7 days' prior notice via the RACQ Dining Rewards website. Any Cash Reward within your RACQ Dining Rewards Account will be transferred as a Cash Settlement to your Visa or Mastercard Account.
8. Registration in Multiple Rewards Programs
In the event that you have registered a valid Visa or Mastercard to more than one RACQ Dining Rewards Program and you make a purchase with a Participating Merchant that is also registered to more than one RACQ Dining Rewards Programs, a cash reward will be paid for only one RACQ Dining Rewards Program.
The RACQ Dining Reward Program for which you will receive the cash reward from will be determined on the following basis:
1. The RACQ Rewards Program that provides the highest cash reward; and
2. If the RACQ Rewards Program’s provide the same cash reward value, then the Rewards Program that the participating Visa or Mastercard was first registered to will be used a basis of payment.
10. Intellectual property
All intellectual property rights (including copyright, trademarks and patents) in the Program, or any promotion of the Program by RACQ and all components of them are owned by, or licensed by, RACQ unless otherwise indicated. You must not copy, modify or transmit any such content except as permitted in these Terms or expressly agreed in writing by RACQ.
11. Disclaimer of warranties and limitation of liability
11.1 Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
11.2 Subject to clause 10(a) and to the extent permitted by law, RACQ excludes all warranties, whether express or implied, including any warranties or representations:
a) that the Program will be rendered with due care and skill;
b) concerning the availability of the Program; and
c) concerning the quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Program.
11.3 Subject to clause 10(a) and to the extent permitted by law, the maximum liability of RACQ and its employees, agents or contractors for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Program, and any services advertised or accessible using the Program will be limited to the value of any valid unredeemed Cash Reward in your RACQ Dining Rewards Account (as determined by RACQ Dining Rewards) in relation to the transaction in which the claim arises. You must make any such claim within 3 months of the date of the transaction and waive your rights to make such claims thereafter.
11.4 RACQ's services come with guarantees that cannot be excluded under the ACL. You are entitled to have the services supplied again, or the payment of the cost of having the services supplied again, if the services were not rendered with due care and skill or if the services (or the products resulting from the services) were not fit for the particular purpose outlined in these Terms.
11.5 For the purpose of clause 10(d), you acknowledge and agree that the services supplied by RACQ are limited to the Program, and that the particular purpose of RACQ's services is limited to the purpose outlined in these Terms.
11.6 To the extent permitted by law, RACQ and its employees, agents or contractors will not be liable for any loss, damage, claim, cost or expense whatsoever arising out of the goods and services that are the subject of any qualifying purchase under these Terms.
11.7 For all other claims of liability, and to the extent permitted by law, the maximum liability of RACQ and its employees, agents or contractors will be AU$100 in the aggregate of all claims.
11.8 Subject to clause 10(a) and to the extent permitted by law, RACQ will not be liable for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Program, and services advertised or accessible using the Program, to the extent that such loss, damage, claim, cost or expense was caused by:
a) you (for example, through your negligence or breach of contract);
b) your failure to reasonably mitigate your loss; or
c) events outside of RACQ's control.
You indemnify RACQ in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
1. any breach of these Terms by you;
2. your use of Program (including registration);
3. any use of your RACQ Dining Rewards Account, including by third parties; and
4. any claims that may be brought against RACQ or which RACQ must pay, sustain or incur as a direct or indirect result of the use by RACQ of your User Information.
13. Force majeure
RACQ will not be liable to you for any delay or failure to perform its obligations under these Terms as a result of a cause beyond its reasonable control, including acts of God.
ACL means the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
Cash Reward means the value of cash-back rewards that are registered to your Rewards Account, based on qualifying transactions using your Visa or Mastercard with Participating Merchants;
Cash Settlement means the Australian dollar amount of any Cash Reward that is deposited into your Visa or Mastercard Account in accordance with these Terms;
Excluded Transactions means any transaction where you:
draw cash from the Visa or Mastercard Account linked to the Visa or Mastercard using an automatic teller machine, at a financial institution or from a Participating Merchant;
receive from a Participating Merchant a cash substitute (including, but not limited to, using your Visa or Mastercard to purchase gambling chips or tokens, travelers’ cheques or money orders, gift certificates or to load value to a stored value card or facility);
use the Visa or Mastercard Account to pay bills through a third party (such as Bpay®) where the Participating Merchant whose bill is being paid is not paid by Visa or Mastercard; or
use the Visa or Mastercard account to pay bills over the counter at a financial institution.
Mastercard means the authorised Mastercard prepaid-reloadable, debit or credit card (excluding prepaid Mastercard gift cards) with a unique Mastercard number registered to your Rewards Account, which has been issued by an Australian Card Issuer; and
Mastercard Account means the Mastercard account linked to your Mastercard by your Card Issuer.
Participating Merchants means merchants and retailers who participate in the Program from time to time by providing a Cash Reward. A full list of current Participating Merchants can be found at the RACQ Dining Rewards Website;
Program means the Rewards Program;
The Program Operator means The Royal Automobile Club of Queensland Limited ABN 72 009 660 575 (RACQ) its controlled entities and its agent;
Rewards Account means your registered account with the RACQ Dining Rewards Program, which enables you to use the Program and where your Cash Rewards are recognised;
Rewards means the Rewards Program; the Rewards Website means www.racq.com.au/DiningRewards
Terms means these terms and conditions of use;
User Information means any information that RACQ may request and that you provide to RACQ including your email address, phone number and other personal information, Visa Card number,
Mastercard number, username (which the RACQ may refuse to accept at its sole discretion) and password;
Visa Card means the authorised Visa prepaid-reloadable, debit or credit card (excluding prepaid Visa gift cards) with a unique Visa card number registered to your Rewards Account, which has been issued by an Australian Card Issuer; and
Visa Card Account means the Visa account linked to your Visa Card by your Card Issuer.
14.1 Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
15. Contact us
If you have questions about the Program, please read the Frequently Asked Question section of the Rewards Website or contact us by logging onto the Rewards Website, selecting the "Give feedback" link and providing us with your questions or queries in the template provided.