Voucher Campaign Terms

1

Agreement to Terms

These terms apply to any sponsoring organisation engaging My Cafe Loyalty to run a voucher campaign on the platform. You accept these terms by signing an engagement letter, paying the setup invoice, or commencing use of the sponsor portal.

Our Privacy Policy is incorporated into these terms by reference.

2

About the Voucher Service

2.1

What We Provide

• Sponsor portal with magic-link login
• Voucher generation
• Optional email distribution to recipients
• Staff redemption pages with PIN authentication
• Real-time reporting dashboard and CSV exports

2.2

What We Don't Do

We are not the sponsor of the offer. Participating cafes honour the offers under arrangements with the sponsor. We provide the technology layer only.

2.3

Operational Error Allocation

Errors caused by the platform (for example, vouchers not generated or codes failing validation) are our responsibility. Errors caused by sponsor-supplied data or rules (for example, wrong recipient emails, ambiguous offer wording, or incorrect cafe details) are the sponsor's responsibility.

3

Sponsor Responsibilities

• Provide accurate participant lists.
• Warrant that you have a lawful basis (consent or other lawful ground under applicable Australian privacy law) to share recipient personal information with us for the purpose of campaign delivery.
• Define the offer (for example, "$10 off any beverage").
• Arrange any payment or reimbursement to participating cafes directly. Fees paid to My Cafe Loyalty do not include reimbursement to cafes for redeemed vouchers.
• Communicate campaign rules and recipient terms to your participants. We do not draft or supply recipient-facing terms.
• Designate authorised users for the sponsor portal and keep login email addresses current.

3.1

Spam Act 2003 — Sponsor Obligations

You warrant that you have obtained the recipient consent required under the Spam Act 2003 (Cth) before adding recipients to a list distributed via the platform; that the recipient list is accurate and current; and that you are responsible for the content of the offer described in the email.

4

Our Responsibilities

• Generate unique voucher codes for participants.
• Provide email distribution infrastructure where this add-on is selected.
• Provide redemption infrastructure for participating cafes (PIN-protected redemption page per cafe).
• Provide the reporting dashboard with real-time redemption data.
• Provide support during Australian business hours.
• Use reasonable efforts to maintain platform availability.

4.1

Spam Act 2003 — Our Obligations

When emails are sent via our infrastructure, we are responsible for:

• Including a functional unsubscribe mechanism in each commercial email.
• Clearly identifying My Cafe Loyalty and the sponsor as the senders.
• Honouring unsubscribe requests within 5 business days as required by the Spam Act 2003 (Cth).

Fees & Payment

• Setup fee: one-off, charged on first engagement with a new sponsor only. Future campaigns from the same sponsor do not incur a new setup fee.
• Per-campaign platform fee: charged for each campaign run on the platform.
• Optional add-ons (for example, email distribution): charged in addition to the per-campaign platform fee.
• Currency & GST: all fees in Australian Dollars (AUD). For Australian sponsors, GST is included in advertised prices unless otherwise stated.
• Payment timing: the setup fee (where applicable), the first campaign's platform fee, and any selected add-ons are payable in full before the campaign commences. No service is provisioned until cleared funds are received.
• Subsequent campaigns: each future campaign requires pre-payment of its platform fee and any selected add-ons before commencement.

5.1

Refund Policy

Fees are non-refundable once a campaign has commenced. This does not exclude rights under the Australian Consumer Law for major service failures.

Recipient Data & Privacy

• Sponsor owns recipient data: participant emails uploaded by the sponsor and any redemption data linked to those participants remain the sponsor's data.
• Our role: we handle recipient personal information on behalf of the sponsor for the sole purpose of operating the sponsor's campaign. Each party complies with its own obligations under applicable Australian privacy law (the Privacy Act 1988 (Cth) and any equivalent state or territory law applicable to the sponsor — for example, Western Australia's Information Privacy Act 2024 for WA government sponsors).
• Use restriction: we will not use recipient personal information for any purpose other than operating the sponsor's campaign (no marketing, no sale, no use for other sponsors' campaigns).
• Deletion timeline: recipient personal information will be deleted within 30 days of campaign end, or earlier on the sponsor's written request.
• Aggregated reporting data: we may retain aggregated, de-identified redemption metrics indefinitely for platform analytics and improvement.
• Sponsor warranty: the sponsor warrants they have obtained all necessary consents and have a lawful basis to share recipient personal information with us.

6.1

Data Residency & Service Providers

Recipient personal information is stored on cloud database infrastructure located in Australia. Communications providers used to deliver voucher emails and SMS notifications may be based overseas and process those communications in transit only. Any cross-border disclosure is made in accordance with Australian Privacy Principle 8.

Information about the third-party service providers we rely on to operate the platform is set out in our Privacy Policy.

6.2

Security Measures

We maintain reasonable technical and organisational measures to protect recipient personal information, including encryption in transit (TLS), access controls, and audit logging.

6.3

Data Breach Notification

If we become aware of unauthorised access to, loss of, or disclosure of recipient personal information, we will notify the sponsor in writing within 72 hours of becoming aware, including (where known) the nature of the breach, affected data, and remedial steps taken. This supports the sponsor's own assessment under Part IIIC of the Privacy Act 1988 (Notifiable Data Breaches scheme) or equivalent state law.

6.4

Data Extract on Termination

Within 7 days of campaign end or termination, the sponsor may request a CSV extract of voucher and redemption data. We will provide it at no charge.

7

Intellectual Property

• Our IP: we retain all rights in the voucher platform, including software, designs, branding, and documentation.
• Sponsor IP: the sponsor retains ownership of any branding, logos, copy, or content they upload or supply for use in their campaign.
• Licence to us: the sponsor grants us a non-exclusive licence to use their content solely for the purpose of delivering their campaign.
• Marketing references: we may reference an engagement publicly (case studies, website, marketing materials) only with the sponsor's prior written approval.

8

Service Availability & Support

• Availability: reasonable efforts to maintain platform uptime; no specific SLA percentage offered.
• Maintenance: planned maintenance carried out with notice where practical; emergency maintenance may occur without notice.
• Support hours: Australian business hours (Monday–Friday, excluding public holidays in the state of My Cafe Loyalty's principal place of business).
• Response target: within 2 Australian business days for general queries.
• Critical issues: issues that prevent the platform operating (sponsor portal down, vouchers not redeeming, mass email delivery failure) are prioritised.
• Channel: email support to support@mycafeloyalty.com.au.

9

Limitation of Liability

• The service is provided "as is" beyond consumer guarantees that cannot be excluded under the Australian Consumer Law.
• We are not liable for indirect, consequential, special, or incidental loss (including lost profits, lost business, lost goodwill, or business interruption).
• Total liability cap: except for the carve-outs below, our total aggregate liability for all claims arising in connection with the engagement is capped at the greater of (a) total fees paid by the sponsor in the 12 months preceding the claim, or (b) AUD $10,000.
• We are not liable for failures of third-party services (email delivery providers, hosting infrastructure, payment processors) other than to the extent caused by our negligence in selecting, configuring, or managing those services.

9.1

Carve-outs from the Cap

The cap above does not apply to:

• Breaches of confidentiality (Section 12).
• Breaches of the IP licensing terms (Section 7).
• Liability arising from our breach of Australian privacy law in handling recipient personal information.
• Liability that cannot be excluded or limited under Australian law (including under the Australian Consumer Law).

9.2

Australian Consumer Law

Nothing in this section excludes, restricts, or modifies any rights under the Australian Consumer Law.

10

Insurance

We maintain reasonable business insurance appropriate to a small Australian SaaS provider, including public liability and professional indemnity cover.

A certificate of currency is available on written request to legal@mycafeloyalty.com.au.

11

Term & Termination

• Campaign term: each campaign runs for the agreed fixed period (typically 30 days).
• No mid-campaign cancellation by sponsor: once a campaign commences, the sponsor cannot cancel for convenience; fees are non-refundable.
• Termination for material breach: if either party materially breaches the agreement, the non-breaching party may give written notice specifying the breach. If the breach is not cured within 14 days of that notice, the non-breaching party may terminate the campaign immediately by further written notice.
• No obligation for future campaigns: either party may decline to run any future campaign at their sole discretion, with no notice required.

11.1

Effect of Termination

• Vouchers already issued to recipients before termination remain redeemable until their original expiry date.
• Outstanding fees for the current campaign remain payable.
• Sponsor's access to the sponsor portal terminates at end of campaign or termination date.
• Recipient data is deleted on the timeline in Section 6.
• The sponsor may request a data extract under Section 6 within 7 days.

11.2

Surviving Clauses

Sections 5 (Fees & Payment, to the extent of unpaid amounts), 6 (Recipient Data & Privacy), 7 (Intellectual Property), 9 (Limitation of Liability), 12 (Confidentiality), and 13 (General Terms) survive termination.

12

Confidentiality

• Each party agrees to keep the other party's confidential information confidential and to use it only for the purpose of the engagement.
• Confidential information includes pricing, recipient data, campaign strategy, business plans, and technical information not publicly available.
• Exclusions: information that is or becomes publicly known through no breach, was independently developed, was lawfully received from a third party, or is required to be disclosed by law.

Confidentiality obligations survive for 3 years after termination. Recipient personal information is governed by the deletion obligations in Section 6 — once deleted, no separate confidentiality obligation is needed.

13

General Terms

• Governing law: these terms are governed by the laws of the state or territory of My Cafe Loyalty's principal place of business, with jurisdiction of the courts of that state. The parties may agree in writing (in the engagement letter) to a different governing law and jurisdiction — for example, the state of the sponsor's principal place of business — and that agreement will prevail over this default.
• Variation: these terms may be updated from time to time. Material changes will be communicated to active sponsors with at least 30 days' notice. Continued use after the effective date constitutes acceptance.
• Assignment: the sponsor may not assign without our written consent; we may assign in connection with a sale of the business.
• Severability: invalid provisions are severed; remaining provisions continue in force.
• Entire agreement: these terms (together with any signed engagement letter and the Privacy Policy) constitute the entire agreement.
• Force majeure: neither party is liable for delays or failures caused by events beyond reasonable control.
• Notices: written notices are made via email to designated contact addresses.

14

Dispute Resolution

1. Direct contact first: the parties agree to attempt to resolve any dispute informally by direct contact between authorised representatives.
2. Mediation: if the dispute is not resolved within 21 days, the parties agree to consider mediation through a recognised dispute resolution service before commencing court proceedings.
3. Court proceedings: as a last resort, in the courts of the jurisdiction set out in Section 13.

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Contact