Everyday Deals Terms of Use

Last updated on: 5 December 2024

  1. These Terms of Use govern your use of the Everyday Deals program (‘Program’), a merchant discount and benefits program (otherwise known as ‘Local Offers’) issued by EML. The Program provides cardholders of eligible EML issued prepaid cards with automatic discounts, cashbacks and/or other offers or benefits when an eligible Card is used to make eligible purchases from merchants participating in the Program.

  2. You accept these Terms of Use by using, attempting to use, receiving or accepting any discount and/or benefit under the Program. Please read these Terms of Use carefully.

  3. Definitions

    1. In these Terms of Use, the word ‘Card’ means a Card issued by EML that has been enrolled in the Program by your Card Provider; the words ‘you’ and ‘your’ means the person to whom an eligible Card has been issued and any person that you allow to use a Card; the words ‘EML’, ‘we’, ‘us’ and ‘our’ means EML Payment Services Limited ABN 30 131 436 532 AFSL 404131; ‘Card Provider’ means the organisation through which you acquired your Card, which may or may not be EML; the words ‘Web Site’ or ‘App’ means a website or mobile device application, made available by EML or your Card Provider to you, which sets out the details of any Offer.

  4. Eligibility

    1. To participate in the Program, Cardholders must have an eligible EML issued prepaid card that has been enrolled in the Program by the Card Provider.

    2. Eligible cards that are provided by a Card Provider that has signed up to the Program are automatically enrolled in the Program. You will be notified of this either as part of your Card product documentation or separately in communications from your Card Provider.
    3. If you are unsure if your card is enrolled in the Program, please contact your Card Provider.

  5. Merchant Offers

    1. Merchants that are participating in the Program ('Merchant(s)') may provide discounts, cashbacks and/or other offers or benefits (‘Offer(s)’) on eligible purchases of goods or services at participating Merchant locations where payment for the goods or services is made using the Card.

    2. Transactions must comply with the specific terms and conditions of each Offer. The amount of any Offer and other terms and conditions applicable to an Offer, including the expiration date of the Offer (if relevant), the eligible purchases or other requirements, limitations or restrictions associated with the Offer, will be determined by the Merchant. The terms of any Offer are disclosed on the Web Site or App, and are subject to change at any time and without notice. Any additional terms that may apply to Offers may be made available with the Offer. If an Offer is removed from the Program, the Offer will no longer be available to you. If you are unable to locate the list of Offers, please contact the Card Provider.

    3. Offers may be varied at any time and without notice (including the availability or amount of any Offer). Any advertising or promotion of any Offer, including via the Web Site or App, is only valid as at the date  set out within the advertising or promotion. You should always confirm the continued availability and the details of the Offer by checking the Web Site or App or by contacting your Card Provider before entering into any transaction in connection with that Offer.

    4. An Offer may only be applied where an eligible Card is used directly for payment for an eligible transaction at a participating Merchant and otherwise in accordance with the terms of the Offer. If a non-eligible card is used for payment, the Offer cannot be redeemed. Any payments made using a third party payment provider, such as PayPal or Uber Eats, where the merchant is not the merchant of record, will be ineligible for the Offer. From time to time, there may be Offers made available which may not require you to use a Card for payment and any such Offer will be expressly disclosed to you, for example, discounted gift cards which do not require you to use a Card for payment.

    5. Where you make a purchase at an eligible Merchant partly using your Card and partly using another payment method, you will only be eligible to receive the Offer based on the amount transacted using your Card only as recorded on your Card transaction statement.

    6. Certain Offers may be only available in-store or online. To view in-store Offers on the App, you must enable location-sharing in the App. In-store Offers will only be applied when making an eligible transaction using your Card in person, in-store. If you do not have access to the Offers in the App, please contact your Card Provider.

    7. An Offer may be applied to your eligible Card transaction by means of a reduced transaction amount, or by way of a separate credit to your Card. Where an Offer is a benefit that is not a discount, for example, a gift card with purchase offer, how the Offer is provided to you will be disclosed in the terms and conditions of that Offer. 

    8. Where your Card is subject to a per transaction minimum spending requirement, the transaction amount must exceed the minimum spend value before your Offer is applied.

    9. The redemption of any Offer may be subject to a processing period of up to 90 days following the date of your eligible transaction. 

    10. In the event that your Card expires or is cancelled before the Offer is processed to your Card, the Offer will not be applied to your Card and you forfeit any right to receive the Offer.

    11. An Offer shall terminate on the earlier of:

      1. fulfillment of the total amount or value of Offers redeemed as determined by the Merchant and EML;

      2. expiry of the Offer period as specified in the relevant Offer terms and conditions; and

      3. termination of the Offer for any reason by the Merchant or EML.

    12. Please refer to any disclosures provided by your Card Provider in relation to your Card and/or the Web Site and/or App for any details on any Offer terms and conditions.

    13. Offers may be redeemed only at participating Merchant locations. See the Web Site or App for information on available Offers.

    14. Some Card Providers may restrict your access to or your ability to:

      1. make purchases from certain Merchants;

      2. redeem certain Offers; or

      3. access certain elements of the Program for other purposes.

    15. You should refer to the Offer details provided by your Card Provider, the Web Site and/or App, and/or the Offer details below for the latest information on available Offers.

  6. Privacy and Information Collection

    1. You agree to the terms of the Program's privacy policy available at https://www.emlpayments.com/privacy, as may be amended from time to time.

    2. You acknowledge and agree that your Card Provider and EML may share and use your Personal Information (as defined in the Privacy Act) regarding you and your Card usage with each other and with third parties, such as Merchants and service providers, to operate the Program and for operational or marketing purposes, including, but not limited to, sending you marketing and promotional emails regarding the Program, and such information will be subject to each recipient’s respective privacy policies and practices.

    3. By enrolling or being enrolled in the Program, you agree to receive Program information from us and/or a Card Provider through electronic communication, including through email, and mobile-based communications such as SMS messages and in-app notifications. You agree to advise us of any change in your email address or mobile contact details by providing updated information via the Web Site or App, or by contacting your Card Provider. Please note that we will use information regarding purchase transactions initiated with your enrolled Card to provide you with Card transaction statements as well as for other purposes as reasonably determined by us.

  7. Reversals

    1. All or any portion of any Offer redeemed by you may be reversed in certain circumstances, in EML’s reasonable discretion, including without limitation, upon a return or refund, dispute, adjustment, chargeback, fraudulent Card activity, or failure to abide by these Terms of Use and/or any terms and conditions of the Offer.

    2. You must not link or register your Card with any other program offering discounts, cashbacks and/or other offers or benefits. If you do, we reserve the right to reverse any Offer redeemed by you using that Card.

    3. Reversals may be made to your Card by any means available to us, including but not limited to a debit to your Card or a negative balance.

    4. Any such reversal may occur immediately or may be subject to delay and appear on subsequent Card transaction account statements.

  8. Lost, stolen or damaged Cards

    1. If an eligible Card is lost, stolen or damaged, you must contact your Card Provider as provided in the Card agreement. Any pending Offers related to an eligible transaction that you have qualified for and that has not yet been applied to your lost, stolen or damaged Card will be forfeited. 

  9. Liability

    1. Our role under the Program is limited to processing information regarding Offers on behalf of Merchants and Card Providers, applying discounts to your eligible Card transaction or crediting any rebates to your Card, and making reversals of Offers.

    2. We are not responsible for any Offers, your ability to use Offers, the accuracy or completeness of information about Offers or rebates, or any acts or omissions of your Card Provider or Merchants, except to the extent caused by our fraud, negligence or wilful misconduct or that of our employees, officers or agents.

    3. Your ability to use an Offer may be affected by human or technical error (including your own conduct, and bugs or glitches on the Website, App or Card or the systems of participating Merchants). To the maximum extent permitted by law, we are not liable for any errors which occur in the processing of an Offer, except to the extent caused by our fraud, negligence or wilful misconduct or that of our employees, officers or agents.

    4. We provide the Program on an as-is basis, and we disclaim any and all warranties, including without limitation, any warranties of merchantability or fitness for a particular purpose, except as required by applicable law. We are not liable to you for any damages that you suffer in connection with your participation in the Program, unless the damage results directly from our failure to perform the express obligations under these Terms and Conditions or as may be required by law including any consumer guarantees. We and our affiliates, our respective directors, officers, employees, agents, and successors and assigns, are not responsible, and shall not be liable for, any direct, indirect, special, incidental, or consequential damages (including lost profits). Without limiting the foregoing, we are not responsible for any Card account fees or penalties that you incur on your Card, including fees and penalties that may result from rebate reversals. Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not our responsibility or the responsibility of any Merchant or Card Provider. Merchants or Card Providers may report information regarding the Program and your participation in it to tax authorities.  Merchants and Card Providers may not vary these Terms as applied to the relationship between you and us and may not make any commitments that are binding on us.

  10. Termination

    1. You may terminate your participation in the Program at any time by notifying your Card Provider and requesting for your Card to be closed. There may be a delay of up to 30 days in effecting such termination, and reversals or adjustments of rebates may continue after termination, as determined in our reasonable discretion. 

    2. We or your Card Provider may, acting reasonably, terminate your participation in the Program at any time, without notice unless required by law. We reserve the right to add or terminate any participating Merchant or any Offer without notice. 

    3. Any terms, which by their nature should survive the termination of these Terms and Conditions, shall survive.

  11. Changes to these Terms of Use

    1. We may add to, remove from, or change (each, a 'change') the terms of these Terms of Use and/or the Program at any time in our discretion and without notice to you, except where the change is materially adverse to you in which case we will notify you at least 30 days before the effective date of the change. Any such changes become effective when published on the Web Site and/or App. 

  12. Disputes

    1. You should direct any questions related to the Program, Offers, any Program restrictions, or rebates to your Card Provider.

    2. Merchants are responsible for all aspects of their goods and service and we cannot resolve any dispute between you and the relevant merchant.

  13. Additional Terms

    1. Your Card Provider and Merchants may impose additional terms on your participation in the Program.

    2. These Terms of Use are in addition to, and do not amend or replace, any agreement with EML or your Card Provider in relation to your Card, including any Product Disclosure Statement or Terms and Conditions.

  14. Miscellaneous

    1. These Terms of Use will be governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of that state. 

    2. You may not assign your rights under these Terms of Use. We may assign our rights and obligations at any time without notice to you.

    3. If any provision of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use continue in full force and effect.

    4. Any waiver by us of our rights under these Terms and Conditions is binding only if in a writing signed by us.