Terms & Conditions

User’s Terms & Conditions

In these Terms:

1.1 App means the Loyalty App mobile device application.

1.2 Business Day means a day on which banking institutions generally are open in Perth, Western Australia during Business Hours but excluding Saturdays, Sundays and public holidays.

1.3 Claim means any claim, liability, action, demand, loss, damage, cost, charge or expense of any kind whatever, including without limitation legal costs on a solicitor client basis.

1.4 e-Gift Cards means the face value vouchers referred to in these Terms, where the stated face value is equal to the specified number of reward points.

1.5 GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

1.6 Loyalty App Platform means the platform managed by us that you may access using the App and the Website and by which you may earn, purchase, transfer and redeem e-Gift Cards in transactions with us, Merchants or other Users.

1.7 Merchant means an owner or operator of a business that has agreed with us to offer e-Gift Cards to you for goods and/or services through transactions in-store or online using the Loyalty App Platform.

1.8 Party means us or you and Parties means us and you together.

1.9 Percentage Value means the percentage value of the invoice amount, excluding any Third Party Funds, for the goods or services purchased by you from a Merchant, which may vary but which will not be less than 1%.

1.10 Third Party Funds means funds held by a Merchant on behalf of a third party, such as, but not limited to, settlement funds and delivery costs, and will not form part of the invoice amount for the goods or services purchased by you from a Merchant.

1.11 Personal Information has the meaning given in section 6 of the Privacy Act 1988.

1.12 Reward points means points that can be earned, claimed or redeemed through the Loyalty App Platform, in the form of an e-Gift Card, by you when goods and/or services are acquired from Merchants, or which can be applied in payment (in whole or in part) for goods and/or services from Merchants, shared between Users and purchased from us, in the form of an e-Gift Card.

1.13 Related Bodies Corporate and Related Entity have the meaning given in section 9 of the Corporations Act 2001.

1.14 Retail Premises means a retail premises from which a Merchant operates its business that you can attend from time to time to acquire goods and/or services offered for sale by that Merchant.

1.15 Terms means these terms and conditions as amended from time to time.

1.16 User means you or any person who has established an account with us for the use of the App and the Loyalty App Platform.

1.17  User Content means all content that is generated, posted or shared by you on the Loyalty App Platform including, but not limited to, reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, videos, sound recording, musical works and any other content or material.

1.18 We, our or us means Loyalty App Pty Ltd. 1.19     Website means www.loyaltyapp.com.au.

1.20 You or your means you.

2.1 The Loyalty App Platform enables Merchants to offer and promote e-Gift Cards to you, promote and sell their goods and/or services to you using e-Gift Cards and interact with you. You can also purchase e-Gift Cards.

2.2 e-Gift Cards can be used by you for purchases from any participating Merchant.

2.3 Merchants are the sellers of the goods and/or services. They are solely responsible to you for the care, quality and delivery of any goods, services or benefits that you are entitled to. 2.4 You will be liable for all of your obligations, including an obligation to pay, arising from entering into any agreement with a Merchant and from any electronic transactions using or in relation to the Loyalty App Platform.

2.5 By purchasing goods and/or services from a Merchant or entering into a transaction with a Merchant, you agree to that Merchant’s terms and conditions, which may change from time to time, and that those terms and conditions are separate from and additional to the conditions that apply under these Terms. We encourage you to review those terms and conditions carefully.

3.1 This document records the Terms which govern your use of the Loyalty App Platform.

3.2 By using the Loyalty App Platform, including by accessing our Website and using the App, you agree to be bound by these Terms and our Privacy Policy, which can be found on our Website.

3.3 We may change and add to clauses 1 to 14 of these Terms at any time and without notice to you. You should review the Terms as they appear on the Website from time to time (Terms & Conditions of Use – Users). If you continue to use the Loyalty App Platform after a change is made to the Terms, you are deemed to have accepted the Terms as amended.

3.4 By using the Loyalty App Platform and accepting these Terms: (a) we grant you a personal, limited, revocable, non-exclusive and non-transferable license to download, install, access, view and use the Loyalty App Platform, App and the Website, and its content, solely for your own personal, non-commercial purposes and only for those purposes; and (b) you agree not to reproduce, distribute, create derivative works from, display publically, license, sell or re-sell any content, software, goods and/or services obtained from or through the Loyalty App Platform without our prior, written express permission.

Eat and Win with The Kauphy Place and Loyalty app Competition

Terms and Conditions:

Start Date: Wednesday 8 December 2021 at 6:00am
End Date: Friday 31 December  2021 at 11.59pm
Winner selected on date: Tuesday 4 January 2022 at 11.00am

PROMOTION: Eat and Win with The Kauphy Place and Loyalty app

  1. The promoter of the Eat and Win with The Kauphy Place and Loyalty app (“the Competition”) is Loyalty app Pty Ltd (ABN 8760 1570 567) (“the Promoter”).
  2. The promotion begins on Wednesday 8 December 2021 at 6:00am and ends on Friday 31 December 2021 at 11.59pm (AWST) (“the Competition Period”).
  3. Loyalty app members will qualify for 1 (one) entry per Loyalty app transaction at The Kauphy Place during the promotion period.
  4. Entries are automatic and unlimited during the promotion period. An entry occurs irrespective of explicit consent or permission from the user of Loyalty app at The Kauphy Place.
  5. 5 (five) $100 dollar gift vouchers will be drawn to 5 (five) winners randomly. An individual who is drawn more than once will qualify to win multiple vouchers.
  6. The Promoter reserves the right to either allow or disallow any Entrant for any reason it sees fit in its absolute discretion.
  7. Entry to the Competition is not open to:
  • employees of Loyalty app or The Kauphy Place;
  • any adult child, parent, grandparent, grandchild, sibling or spouse of an employee of Loyalty App or The Kauphy Place;
  • any promotional agents (including their spouses) of Loyalty app or The Kauphy Place.
  1. The Winners shall be chosen by the Promoter from the entries at random.
  2. The Winners will be selected at the Loyalty app Office at 180 Newcastle St, Perth, Western Australia on Tuesday 4 January 2022 at 11.00am (AWST). The Winners will be notified by phone and email on one occasion each. It is the responsibility of a Winner to accept the prize, and they may decline either by correspondence or by inaction by the conclusion of the Acceptance Period.
  3. When the Winners are notified of the Prize, the Winners will also be provided with details as to the collection of the Prize. The Acceptance Period for claim and collection of the prize is Monday 31 January 2021.
  4. When the Prize is collected by a Winner, identification, which includes a photograph, may be required. The collection of the Prize is the sole responsibility of the Winner. The Prize will only be awarded following Winner validation and verification.
  5. The Promoter’s decision is final and no correspondence will be entered into.
  6. In the event that the Winner fails to satisfy any of the terms and conditions of the Competition, that Winner shall not be entitled to the Prize and the Promoter may in its discretion disqualify the Winner and award the Prize to another Entrant in accordance with the terms and conditions or choose not to award the Prize. The Winner is disqualified from the Competition and forgoes the Prize if the Winner’s entry is misleading or if the Winner does not adhere to the terms and conditions.
  7. A Prize must be taken as stated and is non-transferable and non-exchangeable. If the specified prize becomes unavailable for any reason, the Promoter may substitute a prize of like or equal value. Any tax payable as a result of a prize being awarded or received will be the Winner’s responsibility.
  8. The Promoter reserves the right to add to or waive any of these terms and conditions.
  9. The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by a Winner. The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any of the goods or services offered as Prizes. To the extent permitted by law, the Promoter is not liable for any loss including, but not limited to, personal injury, loss or damage suffered or sustained to personal property including, but not limited to, consequential (including economic) loss for any reason including, but not limited to, by reason of any act or omission deliberate or negligent by the Promoter or its servants or agents in connection with the Competition or the Prize.
  10. The Promoter and its related entities, employees, contractors, servants or agents shall not be liable for and accept no responsibility for any accident, loss, injury or damage to any individual or property arising out of or in conjunction with the Competition or the Prize either during or after the Competition except for any liability which cannot be excluded by law.
  11. The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alteration of entries. Subject to any written directions given under the applicable law, if for any reason the Competition is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness or proper conduct of the Competition, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Competition insofar as is permitted by law. The Promoter reserves the right, in its sole discretion, to disqualify any Entrant for:
  • tampering with the entry process, or any other process as determined by the Promoter that in any way affects the fairness of the promotion;
  • tampering with the operation of the Competition, the Loyalty app website or Loyalty app;
  • acting in violation of the terms and conditions; or
  • acting in an unsportsmanlike or disruptive manner
  1. The Competition is subject to the Promoter’s Privacy Policy.
  2. The Competition is subject to the Promoter’s Disclaimer as detailed on the promoter’s website loyaltyapp.com.au.