AMP Citro Cashback Terms and Conditions

1. About

Citrus Innovations Pty Ltd ABN 25 667 285 654 (Citro) administers the AMP Citro Cashback (Cashback Program) supplementing the AMP Citro Card (Card) and AMP Citro Account (Account) issued by Hay Limited ABN 34 629 037 403 Australian Financial Services Licence No. 515459 (Hay).

These Cashback Program Terms and Conditions (Cashback Terms) is Citro's agreement with you about your membership in the Cashback Program which is made available to you by Citro. You are only eligible to participate in the Cashback Program if you already hold an Account and Card with Hay.

By accessing or using the Cashback Program in anyway, you agree to be bound by these Cashback Terms. If you do not agree to be bound by these Cashback Terms, you must not access or use the Cashback Program and cease using your Account and Card.

These Cashback Terms are separate to the AMP Card and AMP Citro Account Terms and Conditions (Card and Account Terms) prepared by Hay which govern your use of the Account and Card issued by Hay. For more information on the Account and Card, including a copy of the Product Disclosure Statement (PDS), Target Market Determination (TMD), Financial Services Guide (FSG), and the AMP Citro Card and Account Terms visit https://www.ampcitro.com.au/terms

The Cashback Program is delivered under a co-branding agreement with AMP. Citro may at any time remove AMP’s branding from the Cashback Program.

If you have any queries or complaints regarding the Cashback Program, please contact Citro by:

Mail:                 Level 25, 50 Bridge Street Sydney NSW 2000
Email:               support@ampcitro.com.au
Website:           www.joincitro.com.au

For queries or complaints regarding the Card and Account, refer to the Card and Account Terms or the PDS for more information on how queries and complaints are dealt with.

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2. Definitions

App means the AMP Citro App made available by Citro in respect of the Cashback Program

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Citro Card and Account Terms means the Card and Account Terms and Conditions issued by Hay.

Cashback Program means the AMP Citro rewards program administered and managed by Citro under these Cashback Terms.

Discount means the discount made available by Participating Partners on Eligible Purchases through the  App or Website from time to time.

Eligible Purchase means goods or services available for purchase from Participating Partners that are expressed as eligible for a Discount or Reward on the App or Website, and excludes Ineligible Purchases.

Eligible Superfund means a superannuation fund (within the meaning of the SuperannuationIndustry (Supervision) Act 1993 (Cth)) able to receive contributions via a BPAY payment (as a BPAY Biller) and of which You are a member and which is supported by the App.  

Hay means Hay Limited ABN 34 629 037 403, Australian Financial Services Licence No. 515459.

Ineligible Purchase means any purchase made, including from Participating Partners, which are:

(a)  goods and services which are restricted by applicable laws; or

(b)  goods and services reasonably determined by us or any Participating Partner to be ineligible from time to time;

(c)  betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at race tracks; and

(d)  political donations.

Participating Partner has the meaning given in clause 6.1 of these Citro Cashback Terms.

Privacy Policy means the privacy policy available at: https://www.ampcitro.com.au/privacy-policy

Rewards means incentive rewards offered or provided as part of the Cashback Program, as described in the App or Website and which is provided on Eligible Purchases less freight, delivery, taxes and GST.

Website means the AMP Citro website made available by Citro in respect of the Cashback Program

You means a person holding an Account and Citro Card issued by Hay and who has elected to be a member of the Cashback Program.

2.1 In these Citro Cashback Terms, unless the contrary intention appears:

(a)           the singular includes the plural and vice versa;

(b)           a reference to 'include; or 'including' means 'including but not limited to'; and

(c)           other expressions used in these Cashback Terms which are not defined here have the same meaning as in the Card and Account Terms.

3. Eligibility

3.1          You are only eligible to participate in the Cashback Program if You satisfy all of the following criteria:

(a)           you hold an Account and Card issued by Hay Limited;

(b)           you are not in breach of the Account and Terms and these Cashback Terms;

(c)           you have a valid Authorised Payment Mandate with a Linked Account in your name; and

(d)           your use of PayTo services under your Account or your Card has not been terminated or suspended.

3.2          Only certain products and services are eligible for Rewards or Discounts under the Cashback Program. Eligible products and services will be listed on the App or Website.

3.3          When participating in the Cashback Program you must not use the Cashback Program for fraudulent, improper or unlawful purposes.

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4. Registration and activation

4.1          You are registered for the Cashback Program when you successfully register for an Account and Card in accordance with Card and Account Terms.

4.2          You acknowledge that Hay may share your details including your personal information with AMP Citro to enable you to register for the Cashback program.

4.3          You will receive a confirmation email within 48 hours after you successfully register for the Cashback Program. If you do not receive this confirmation email, contact AMP Citro Support to find out why you have not been successful in registering.

4.4          You must not join or use the Cashback Program on behalf of any other individual or allow another individual to use the Cashback Program on your behalf.

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5. Purchase and Redemption Partners

5.1         Citro has partnered with various merchants to offer you certain Rewards and Discounts on products and services purchased through the App or Website (each a Participating Partner).

5.2          Any product or service you purchase from a Participating Partner, whether through the App or Website or otherwise, is governed by and subject to the Participating Partner's policies and terms, including their return, cancellation, and shipping policies (as applicable).

5.3          Any Participating Partner is not an agent of Citro and operates independently. Your participation in any Reward or Discount offered or promoted by a Participating Partner is solely between you and the Participating Partner, unless otherwise specified by Citro. Citro is not responsible for any withdrawal or modification of a Reward or Discount and any effect this may have on your Account balance with Hay.

5.4           Citro is not responsible for any changes to, or discontinuation of a Participating Partner. Except as provided in any law which cannot lawfully be excluded or modified by agreement, Citro assumes no liability or responsibility for any content, goods or services provided by a Participating Partner including the quality, merchantability or fitness of such content, goods or services or that such content, goods or services are lawful.
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6. Loyalty Framework 

6.1          When using the Cashback Program you may receive Discounts or Rewards on Eligible Purchases made through the App or Website.

6.2          The Discounts or Rewards may change from time to time and current Discounts or Rewards will be published on the App or Website. You should confirm the continued availability of the Discount or Reward before entering into the transaction for an Eligible Purchase. Any changes to the Discount or Reward will have no effect on an Eligible Purchase made prior to the date of change.

6.3          Citro does not represent or guarantee that a certain number of Discounts or Rewards will be made available.

6.4          Your ability to use or earn Discounts or Rewards may be affected by human or technical error or other events beyond Citro's control, which may include Participating Partner's systems, viruses or faults on the App or website. To the maximum extent permitted by law, Citro is not liable for any error arising as a consequence of or in connection with the processing of a Discount or Reward except to the extent caused by Citro (or its employees, agents or contractors).

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7. Rewards 

7.1          Earning Rewards

(a)           You may earn Rewards through any Eligible Purchase as communicated and made available by Citro from time to time through the App or Website:

(b)           You are only entitled to one Reward for each Eligible Purchase. You will not earn Rewards if the Eligible Purchase is cancelled, refunded or terminated or if you breach any of your obligations in relation to the Eligible Purchase.

(c)           Ineligible Purchases are excluded from earning Rewards.

(d)          Citro does not guarantee or represent any quantum of Rewards you may earn as a result of your participation in the Cashback Program, unless otherwise specified by Citro.

7.2          Crediting Rewards

(a)           Citro will use its reasonable endeavours to credit your Rewards balance within 60 days after the Participating Partner receives the amount for an Eligible Purchase or such other time period specified in the App or Website. It is your responsibility to check that you have been credited with the correct value of Rewards.

(b)           If you have not been credited with the Rewards in accordance with clause 8.2(a) of these Cashback Terms, you must make a claim for the crediting of Rewards within 90 days after the Participating Partner receives the amount for the Eligible Purchase. Unless otherwise specified by Citro, claims for the crediting of Rewards cannot be made if you do not meet the eligibility criteria set out in clause 4.1 of these Cashback Terms.

(c)           Citro reserves the right to deny or revoke the crediting of Rewards at any time if Citro or the Participating Partner determines that the Rewards were improperly obtained or erroneously credited.

7.3          Holding rewards

You may view your Rewards balance at any time by logging into the App or Website. Your Rewards balance will be held in credit to the Account issued by Hay until you redeem your Rewards in accordance with clause 7.4 of these Cashback Program Terms. Any Rewards which have not been redeemed before termination of your participation in the Cashback Program will be forfeited.

7.4          Redeeming rewards

(a)           You may redeem your Rewards using the App or Website at any time. Any request to redeem your Rewards is final and irreversible.

(b)           You must have accumulated a Rewards balance equal to or greater than the minimum redemption amount indicated and communicated through the App or Website from time to time before you are able to redeem your Rewards. Any limits or other criteria applying to a redemption request may also be stipulated on the App or Website.

(c)           In order to redeem your Rewards:

(i)            you must satisfy the eligibility criteria referred to in clause 4.1 of these Cashback Program Terms at the time of redemption.

(ii)           if you elect to redeem your Rewards by making payment of the Rewards balance to the Eligible Superfund, your redemption request is also subject to you:

                (A)       selecting 'grow your super' as the Rewards redemption method through the App;

                (B)       selecting the name of the Eligible Superfund in the App;

                (C)      entering the BPAY biller code and the customer reference number which identifies You as the member of the Eligible Superfund;

                (D)      instructing Hay to initiate a BPAY payment through Citro using the App to automatically pay the Rewards credited to your Rewards balance directly into your Eligible Superfund using the details provided;

                (E)       receiving confirmation of the successful completion of the above details, including your payment instruction.

(d)           You may redeem your Rewards by instructing Hay to:

(i)            apply your Rewards balance to any transaction made using your Account and Card;

(ii)           make a BPAY payment to your Eligible Superfund in the amount of the Rewards credited to your Rewards balance as instructed by you in accordance with the election set out in clause 7.4 (c)(ii) (such payment will be made when the Rewards are credited); or

(iii)           provide the monetary value of your Rewards balance in cash when using an ATM accepting Cards, until we notify you otherwise.

(e)           In order to give effect to the redemption methods set out above, you acknowledge that:

(i)            Hay may require further information (including personal information) from you; and

(ii)           Citro may share your information (including personal information) with Hay or such other third party (such as your Eligible Superfund) as may be necessary to enable Hay to redeem your Rewards in accordance with your instructions.

(f)           By selecting 'grow your super' as the Rewards redemption method through the App, you acknowledge that you are providing a recurring weekly BPAY payment instruction to Hay to automatically pay the Rewards credited to your Rewards balance directly into your Eligible Superfund using the details provided. For BPAY payments using the App, Citro acts on behalf of Hay to arrange the facility through which the BPAY payment is made.  

8. Tax on super contributions through redeemed Rewards

8.1          The tax paid on super contributions depends on your age, the amount and type of contribution. Tax is deducted by the Eligible Superfund after the contribution is received. There are limits on how much you can contribute, and if you exceed these limits (including through any redemption of Rewards), you may pay extra tax.

8.2          We express no opinion on the use of Rewards to contribute to the Eligible Superfund.  You should seek independent tax advice before deciding to opt-in to 'grow your super'.

9. Discounts

9.1          Discounts may be made available by Participating Partners on Eligible Purchases through the  App or Website from time to time.

9.2          The Discounts may be made available for a limited duration and may be subject to specific, terms, conditions, or exclusions. You should ensure that you are aware of and understand such term, conditions, or exclusions before proceeding with the Eligible Purchase.

9.3          If you have not received the Discount, you should consult with the Participating Partner to find out why. Except as provided in any law which cannot lawfully be excluded or modified by agreement, Citro assumes no liability or responsibility for any failure by a Participating Partner to honour the Discount the Participating Partner makes available through the App or Website.

9.4          Citro does not guarantee or represent that Discounts will be made available for a certain time period.

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10. Termination

10.1          Citro may terminate or suspend your participation in the Cashback Program any time by giving you at least 30 days' notice.

10.2          Citro may immediately terminate or suspend your participation in the Cashback Program, immediately without notice, if:

(a)           you breach the Cashback Terms or the Card and Account Terms and such breach gives rise to a materially adverse commercial risk or regulatory or compliance risk for Citro or Hay;

(b)           your account remains inactive for greater than 12 months; or

(c)           your Card and Account has been terminated or suspended.

10.3          You may cancel your participation in the Cashback Program at any time through the App or Website.

10.4          If your participation in the Cashback Program is terminated or cancelled for any reason, such termination or cancellation is final and any Rewards which have not been redeemed before termination or cancellation will be forfeited.

10.5          Upon termination (or suspension) of your participation in the Cashback Program your Card and Account will be terminated (or in the case of a suspension of your participation in the Cashback Program, suspended).

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11. Changes to these terms and conditions

11.1          We may change the Cashback Program Terms, or any part of it, at any time without your consent, for one or more of the following reasons:

(a)           to comply with any change or anticipated change in any relevant law, code of practice, guidance or general industry practice;

(b)           to reflect any decision of a court, ombudsman or regulator;

(c)           to reflect a change in our systems or procedures, including for security reasons;

(d)           to respond to changes in the cost of providing the Citro Cashback; or

(e)           to make these Cashback Program Terms clearer or to provide additional features.

11.2          Unless the change has no material impact on your obligations, or otherwise reduces your obligations, we will give you 30 days' advance notice of any change.

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12. How we communicate

You agree to receive communications including communications highlighting Discounts or other deals available through the Cashback Program. We may communicate with you using the contact information you have provided to Citro or when registering or using an Account and Card. You consent to receive electronic communications including any notices or other information that we may be required to provide you by law in writing unless you have withdrawn or varied your preferences via the App. We may also send you push notifications if you install the App.

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13. Liability

13.1          You agree that we are not liable for any loss, damage or liability in connection with:

(a)           the unauthorised use of your Rewards or Discounts;

(b)           any goods and/or services purchased from third parties by you;

(c)           any merchant or product descriptions contained on our website or contained in communications sent to you by us or on our behalf, where these are provided to us by a Participating Partner;

(d)           any failure of or delay in a Participating Partner or Hay failing to provide us with any information or perform any act upon which we depend; or

(e)           any failure or default beyond our reasonable control,

(f)            any failure of or delay in an Eligible Superfund acknowledging, accepting or otherwise honouring the monetary value of your Rewards balance when redeemed by you to your Eligible Superfund;

except to the extent that the loss, damage or liability is the result of our fraud, negligence or wilful misconduct (including that of our employees and agents).

13.2          You have the benefit of certain protections as a consumer under the Australian Consumer Law. Nothing in this document shall be taken to exclude liability which may not be excluded under the Australian Consumer Law. However, to the extent permitted under the Australian Consumer Law and except as otherwise specified in these Cashback Program Terms, in relation to any loss you have suffered:

(a)           our liability is limited to the cost of providing the relevant services again; and

(b)           we have no liability for any indirect, special or consequential loss (including loss of profits, actual or anticipated revenue).

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14. Privacy

14.1          You agree that we may collect, hold, use and disclose your personal information as described in these Cashback Program Terms and any other privacy notices that we provide you.

14.2          We collect personal information that you provide to us or generate when you register for the  Cashback Program. This personal information is used for:

(a)           any specific purposes for which you provide it to us;

(b)           the general operation of the Cashback Program, so that you can access and use the functions and services of the Cashback Program;

(c)           to help our partners to fulfil their regulatory obligations; and

(d)           other purposes as otherwise notified to you.

14.3          Our Privacy Policy (available at: https://www.ampcitro.com.au/privacy-policy) describes how Citro collects, hold, use and disclose personal information in the course of its business operations as a whole.  It also explains how you can seek to access or correct any personal information Citro holds about you, how to complain about a privacy breach and how Citro will deal with a privacy complaint.

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15. Permitted Use

When participating in the Cashback Program and using the Card and Account (in this clause, the Services), you agree that you will not (i)use the Services or any component for any improper or unlawful conduct; (ii) use the Services or any component for any commercial purposes or analysis; (iii) reverse engineer or decompile any of the Services or components made available to you; (iv)use the Services or its components other than for the purpose of obtaining the benefit of the Services; or (v) allow any third party to engage in any of the conduct mentioned in this section in respect of the Services.

16. Governing law

These terms and conditions are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.

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