The Pass App Terms & Conditions
Effective Date: 4 May 2022
1. Introduction
1.1 These Terms and Conditions govern the usage of The Pass App by Members. They are intended to protect both Members, Australian Venue Co Limited ABN 14 607 666 348 and its Related Entities (otherwise referred to as ‘AVC’) and NZ Venue Co Limited NZBN 9429047059696 (otherwise referred to as ‘NZVC’). It is the Member’s responsibility to read and understand them. Where AVC is referred to in these terms and conditions, it also includes NZVC.
1.2 These Terms and Conditions are effective as at the date specified above and may be amended by AVC from time to time. The current Terms and Conditions are those available via The Pass App. Members will be provided with the opportunity to review these Terms and Conditions at the time of accessing and registering for The Pass App and following any updates in the future.
1.3 It is a condition of joining that every Member accept and agrees to be bound by these Terms and Conditions. If a Member uses The Pass App the Member, and the parent or guardian who provided consent (if applicable), will be deemed to have accepted these Terms and Conditions in their entirety.
1.4 Members download, install, access and use The Pass App at a Members own cost and risk, including but not limited to, any interest service provider costs.
2. Definitions
2.1 In these Terms and Conditions unless the context otherwise requires:
‘ACL’ means the Australian Consumer Law Schedule of the Competition and Consumer Act;
‘AVC’ means Australian Venue Co Limited ABN 14 607 666 348 and its Related Entities;
‘AVC Employee Member’ means a Member that is an employee or officer of AVC;
‘AVC Shareholder Member’ means, subject to any regulatory approvals, a Member that is a shareholder (or representative of a shareholder) of AVC.
‘AVC Website’ means the internet site located at ausvenueco.com.au;
‘Base Points’ means the standard earn rate of Points as 10 Points for every $1 spent via The Pass App.
‘Benefits’ means gifts, prizes, promotional offers, Points, Credits and any other value offered or available to a Member as a result of membership in The Pass App;
‘Bonus Points’ means Points which may be awarded over and above the Base Points;
‘Card Linking / Card Linked’ means a credit or debit card that has been registered by the Member within The Pass App;
‘Consumer’ is as defined by the ACL;
‘Credits’ means any voucher in an Australian dollar or NZ dollar amount that has been provided to a Member for use at any Venue via The Pass App;
‘F&B’ means food and beverages available for sale at an AVC Venue.
‘Force Majeure Event’ means a serious event or circumstance that is beyond AVC’s reasonable control that martially obstructs with or otherwise prevents The Pass App from operating as intended by AVC;
‘GST’ means the Goods and Services tax in Australian;
‘Corporate Member’ means a Member that represents an entity or business that is accepted by AVC for the purposes of Corporate Membership;
‘Corporations Act’ means the Corporations Act 2001 (Cth);
‘Member’ or ‘You’ means any person who has downloaded and competed registration of The Pass App, as allowed by AVC;
‘Membership’ means the account of a Member who has completed registration of The Pass App;
‘Payment’ means all moneys paid by Members throughout AVC Venues via The Pass App;
‘Points’ means the loyalty currency of The Pass App that a Member has accumulated that can be redeemed for Benefits;
‘Privacy Policy’ means the AVC Privacy Policy available at https://www.ausvenueco.com.au/privacy-policy/;
‘Recreational Club’ means a Member that can access standard Points earn, plus additional discounts, plus a percentage of spend contribution towards their nominated club that is accepted by AVC for the purposes of Recreational Club Membership;
‘Related Entity’ has the meaning ascribed to that term in section 9 of the Corporations Act.
‘The Pass App’ means the AVC’s consumer mobile application that is downloadable from either the App Store or Google Play;
‘Terms and Conditions’ means these Terms and Conditions;
‘Venue’ means AVC pubs and bars offering products, services and Benefits to Members.
3. Changes to The Pass App
3.1 AVC reserves the right to make any changes (whether material or otherwise) to The Pass App, these Terms and Conditions and the Benefits offered at AVC’s discretion, including but not limited to:
(a) changes to:
(i) the ways in which Points are earned and redeemed;
(ii) Point earning and redeeming rates;
(iii) Benefits, including the continued availability of Benefits;
(iv) Benefit restrictions or conditions; and
(v) the expiry of accrued Points;
(b) changes to the products and services on which Bonus Points may be earned;
(c) changes to any AVC subsidiary or third-party company participation including restrictions on earning and/or redeeming Points, cancellations, Point earning and redemption levels, Benefits; and
(d) changes to any Venues, AVC products or services.
4. Termination or Suspension of The Pass App
4.1 AVC gives no warranty as to the continuing availability of The Pass App. AVC may terminate or suspend The Pass App at any time. AVC will give at least three months’ notice to Members of such termination or suspension, except if AVC ceases to operate, or a Force Majeure Event occurs, in which case The Pass App access will cease immediately.
4.2 If AVC terminates or suspends The Pass App, Members will be able to redeem Points during the notice period in accordance with these Terms and Conditions, except where AVC is ceasing to operate as a business and/or has gone into liquidation or other form of administration, in which case AVC may terminate or cancel any Benefits immediately without notice.
5. Membership
5.1 Membership is provided upon a Member completing a registration within The Pass App and accepting these Terms & Conditions. Membership commences on the date that The Pass App access is granted to Members and shall continue until terminated in accordance with these Terms & Conditions.
5.2 Each Member may have only one The Pass App account and this must be in your own name. AVC may request you provide verification of your identify or eligibility. Failure to provide reasonably requested identification details may result in cancellation of your Membership, including the forfeiture of any accumulated Points, Credits and Benefits.
5.3 The information you provide in registration for The Pass App must be accurate and current.
5.4 Each Member must update within The Pass App any change of name, email, mobile number or other details as soon as practicable after the change. AVC are not responsible for any failure by a Member to make any changes in accordance with this clause, or for any incorrect changes processed.
5.5 Members may, at any time, cancel their Membership by providing written notice to AVC. Upon receipt of a written notice, AVC will cancel the relevant Membership and all accumulated Points and Credits in that Member’s account will immediately expire. Accordingly, AVC recommends that Members carefully plan all cancellations to avoid unintentional loss of accumulated Points and Credits.
5.6 Members must not reverse engineer, decompile, translate, disassemble or attempt to discover any source code or underlying ideas or algorithms of The Pass App or any other software forming part of The Pass App.
5.7 Members must not use The Pass App to collect or harvest personal information including internet addresses of anyone utilising The Pass App.
5.8 To register to become a Member, you must be a minimum of 18years old.
5.9 AVC reserves the right to reject or request a change to a Membership account where a Members account details are inappropriate, illegal or otherwise offensive, or similar to existing account details.
5.10 AVC may reject Membership if you have been previously banned from The Pass App, AVC Website, or otherwise breach these Terms and Conditions.
6. Points, Credits, Gift Vouchers and Benefits
6.1 By earning Points, Credits or claiming any Benefit, the Member agrees to be bound by the Terms and Conditions and provides the consents relating to personal information specified in clause 12 and the AVC Privacy Policy. Points may only be earned and/or redeemed in accordance with these Terms and Conditions as amended from time to time.
6.2 The Pass App accounts are valid for use only by the Member and are not transferable in any circumstances.
6.3 You are responsible for keeping your Membership details confidential and You are responsible for any activity via your Membership account. In the event of unauthorised use of a Membership account, it is the Member’s responsibility to advise AVC as soon as possible. The Member is liable for all use of the Membership account until AVC is notified of the unauthorised use.
6.4 Members can purchase AVC Gift Vouchers within The Pass App. Gift Vouchers can be stored and used within The Pass App or sent to recipients. Purchase and usage of gift vouchers is governed by the AVC Gift Voucher terms and conditions which can be viewed at https://www.ausvenueco.com.au/gift-vouchers/.
6.5 It is a Member’s responsibility to determine the suitability of a Benefit for a Member. Benefits must be taken “as is” and cannot be used in conjunction with any other promotion, discount or offer, sold, redeemed for cash, assigned, or otherwise dealt with.
6.6 Any costs a Member may incur in redemption of a Benefit (such a travel to a Venue) are entirely a Members responsibility.
6.7 Benefits are not replaceable if lost or stolen.
7. Bonus Offers
7.1. AVC may create and offer Bonus Offers to any Member that AVC determines to be eligible to receive a Bonus Offer in its absolute discretion and in accordance with this clause 7.
7.2. A Bonus Offer may include any one or more of the following:
(a) rewards;
(b) bonus Credits;
(c) discounted pricing;
(d) bonus Points;
(e) any other reward or incentive that AVC may determine from time to time.
7.3. A Bonus Offer will not be valid when used or applied in conjunction with any other promotional offer, discount or voucher at a Venue. On this basis, eligible Members may not receive a Bonus Offer in circumstances where there is another promotion, discount or other incentive that applies to that same order.
7.4. AVC may determine whether a Member is eligible to receive a Bonus Offer in accordance with the following criteria:
(a) location of the Member;
(b) availability and location of Venues;
(c) date and time;
(d) member profile (spend, visitation and other metrics);
(e) inclusion on a sporting, community, corporate or other type of list;
(f) the application of other offers, discounts and promotions on the same order.
7.5. AVC does not guarantee nor warrant that Members will be deemed eligible for any Bonus Offer. As noted at clause 7.1 above, AVC has the absolute discretion in deciding whether a Member is eligible to receive a Bonus Offer.
7.6. AVC reserves the right at any time to change, cancel, pause or place conditions on any Bonus Offer whether immediately or at a date specified by AVC in its absolute discretion.
8. Member Referrals
8.1. Each Member is assigned with a unique referral code that is linked to their Membership and The Pass App. Subject to clauses 8.4 and 8.5, any Member may share their respective referral code with any other person and may consequently receive benefits under The Pass App Referral Program in accordance with this clause 8.
8.2. A Referrer can receive up to 500 Bonus Points for referring a Member who successfully completes each of the following:
(a) downloads The Pass App;
(b) creates a valid account;
(c) executes a transaction (using their chosen stored payment method) of a value that exceeds AUD $1.00 (such transaction value shall not include any credits that were made available to that Member as a result of signing up to The Pass App).
8.3. A Referee shall receive 500 Bonus Points upon completion of the steps referred to at clause 8.2 above.
8.4. A Referrer may refer a maximum of one hundred (100) new Referees to The Pass App.
8.5. AVC reserves the right to change, end or pause, the whole or any part of The Pass App Referral Program without notice (including without limitation, any benefits provided under The Pass App Referral Program).
8.6. Any violation or misuse of The Pass App Referral Program can result in a Referrer’s Membership being immediately suspended or cancelled, whether permanently or indefinitely, and will result in the forfeiture of any benefits received and accrued by the Referrer under The Pass App Referral Program.
9. Member obligations and responsibilities.
9.1 Members must not:
(a) act in any way which breaches these Terms and Conditions; or
(b) abuse or misuse The Pass App, any Benefits, facilities, discounts, competitions, offers, services or arrangements accorded to the Member as a result of Membership including by:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to AVC;
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Benefit or Points other than in accordance with these Terms and Conditions; or;
(iv) using any automated software or other automated means to enter into or otherwise inappropriately manipulate a promotion or The Pass App.
9.2 Each Member is responsible for ensuring that they have sufficient Points in their account balance to redeem for any Benefit that they request.
9.3 AVC reserves the right to require proof from the Member, including copies of relevant receipts, invoices, purchase orders, contracts or similar information in respect to any claim of purchase.
10. Suspension or Termination of Membership
10.1 If a Member has committed a breach of any of the Terms and Conditions or AVC at its discretion identifies potential suspicious activity, fraud or abuse, then AVC may do any one or more of the following:
(a) suspend or terminate the Member’s Membership and/or the right of the Member to use their Points;
(b) reverse or cancel the Member’s Points or any part thereof; or
(c) cancel or refuse to honour any Benefits or both, that have been redeemed by or provided to the Member.
10.2 Membership will terminate automatically on the death of the Member. Points earned but not yet redeemed will be cancelled. AVC will close the Member’s The Pass App account on notification of the Member’s death. AVC will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.
11. Earning Points and Benefits
11.1 Members will earn Points for food & drink purchases processed via The Pass App at any AVC Venue, excluding function payments. In addition to the Base Points (being the standard earn rate of 10 Points for every $1 spent), Members may also be given opportunities to earn Bonus Points during specified campaign periods. This will be at the complete discretion of AVC. Some promotional offers or Bonus Points may not be available in all locations or may only be available for a limited time.
11.2 Except as provided elsewhere in these Terms and Conditions, or as otherwise specified by AVC, Points may be credited only to the account of the Member who has processed an eligible transaction.
11.2.1 Eligible transactions may be processed by Members by either ordering through The Pass App or paying with The Pass App at the bar.
11.2.2 Members will be given an opportunity to activate Card Linking within The Pass App during the registration stage. Members will be asked to register one or multiple credit or debit card, which will be used to process transactions. These will be stored securely in an encrypted state with a third-party payment platform provider. AVC will not retain the credit or debit card details on any AVC systems.
11.3 Points will not be awarded in relation to any transactions that are cancelled or refunded. AVC may cancel or deduct any Points that have been awarded in relation to cancelled or refunded transactions.
11.4 Except as otherwise provided in these Terms and Conditions, Points will expire if there is no account activity on the Members’ account. Account activity requires a Member to have earned or redeemed Points within the previous consecutive 12 whole month period from that point in time.
11.5 Within 30 days prior to the Points expiration date, AVC will notify Members of the pending expiry risk.
11.6 Points cannot be re-credited once they have expired. Any re-crediting of Points will be at AVC’s complete discretion.
11.7 AVC reserves the right to reverse or cancel any Points credited to a Member incorrectly, or not in accordance with, or in breach of, the Terms and Conditions at any time.
11.8 AVC reserves the right to change the rate of Points earn and the ways Points can be earned at any time.
11.9 Members are responsible for managing access to their The Pass App account and should keep personal details (including passwords and details for accessing their Member account) secret. Any use by other parties, including employees, agents, suppliers or relations (whether authorised or unauthorised) is solely at the risk of Members and the Member will have no recourse to AVC for any activities which take place within the account by such persons without Member’s authority. This includes the redeeming of any accumulated Points balances for Benefits.
11.10 AVC will not be responsible for activity within a Member account which occurs because of human error by the Member or any person using the account. This includes the member processing Points redemptions without intending to do so and provision of incorrect email or mobile phone number details. While AVC may consider reversing such activities on a case-by-case basis, the responsibility lies solely with the Member.
11.11 There will be four unique Member types, with access to different Benefits. All Members, irrespective of type, will receive a $10 Credit for joining. This Credit can be used to discount any F&B purchase at any AVC Venue.
Types of Members
1. Customer Members
• Base Points earn on general food and beverage (F&B)
2. Major Corporate Members
• Base Points earn on F&B transactions
• Additional percentage discounts
• A percentage of spend contribution towards the cost of a future function
3. Recreational Club Members
• Base Points earn on F&B transactions
• Additional percentage discounts
• A percentage of spend contribution towards their nominated club
4. AVC Employees and AVC Shareholders Members
• Base Points earn on F&B transactions
• Additional percentage discounts
Any additional percentage discounts are provided at AVC’s absolute discretion and can be updated and/or removed at any time without notice.
12. Transfers
12.1 A Member cannot transfer Points, Credits or Benefits to another Member account or to a non-Member.
13. Redeeming Points, Credits and Benefits
13.1 Unless otherwise stated, Members will be able to access Benefits that are available through The Pass App, through the redemption of Points.
13.2 The number of Points that must be redeemed in relation to a particular Benefit is determined by AVC. AVC do not give any warranty or make any representation in relation to the underlying value of any Benefits.
13.3 Members must have in their account at least the number of Points required to redeem the chosen Benefit at the time the redemption is processed.
13.4 Any credit or refund made to a Member under these Terms and Conditions will be made under the following guidelines:
(a) Refund of a transaction that is paid fully via credit, will be refunded to the Member as credit.
(b) Refund of a transaction that is paid fully via card, will be refunded to the Member’s to card.
(c) Refund of a transaction that is half credit and half card, will be refunded back to the Member as half credit and half card.
(d) Refund of a transaction that is part credit and part card, but the refund amount is less than half of the total transaction, will be refunded back to the Member via card only.
13.5 Any credit refunded to a Member will be issued with a new 6-month expiry date.
13.6 Points may be converted into Credit. Credit will be stored in the Member’s account and can be redeemed when transacting at any AVC Venue via The Pass App. Credits will expire after 6 months if not used.
13.7 AVC may also gift Credit to certain Members. Gifted Credit may have a shorter expiry period and may be restricted to be used only at select venues.
13.8 Members acknowledge that the amount of Points required to redeem a Benefit may vary from time to time, without notice.
13.9 AVC may at any time and without prior notice to Members withdraw, limit, modify, cancel, increase or decrease any particular Benefit.
14. Personal and Business Information
14.1 Each Member acknowledges that AVC collects, uses and discloses information about the Member (and in the event of Corporate Memberships their business, and in the event of Recreational Club Memberships their club) in accordance with the Privacy Policy and these Terms and Conditions in order for AVC to provide the Member with the Benefits and administer The Pass App including (but not limited to) special promotions, monitoring your Membership account, personalised marketing, customer service, market research or marketing material via any method, or for other reasonable related purposes.. If the Member permits device location settings on the device they are using The Pass App on, The Pass App will track the Members location. If a Member completes Card Linking, the Member expressly consents to AVC sharing a Members personal information with the third party payment provider AVC utilises from time to time.
14.2 If the Member does not provide all or any part of the requested information, the services provided to that Member by AVC, and the Benefits that the Member receives, may be affected.
14.3 AVC collects personal and business information about each Member, including their engagement with The Pass App. The kinds of personal information that we may collect and hold from you or about you include:
• contact information, such as your name, e-mail address and telephone number;
• date of birth and gender;
• account information such as username, password and transaction history;
• information concerning your interests, buying habits and product preferences; and
• any other personal information submitted to us by you.
We may also collect sensitive information, such as health information (for example, for the purposes of contact tracing related to Covid-19). We will only collect this type of personal information with your consent.
In your interactions with us, we may include links to various third-party websites. If we do that, the third parties will be responsible for their content and what they do with any personal information they collect.
For further information visit the AVC Privacy Policy – https://www.ausvenueco.com.au/privacy-policy/.
14.4 Marketing consent: By becoming a Member of The Pass App, the Member provides their express consent to AVC to send marketing communications including via The Pass App, email, SMS or other digital means.
AVC may associate and combine data collected from third parties with the Member’s personal and business information and use that combined personal and business information to tailor the Member’s experience and content, including third party content and otherwise in accordance with these Terms and Conditions.
The Member can opt out of receiving all or any of these communications:
(a) for email and digital advertising by updating their email preferences in their profile, or by unsubscribing via link at the bottom of any email communication;
(b) for SMS messages, by opting out directly from an SMS.
Opting out of these communications will impact AVC’s ability to provide the Member with all the Benefits that would otherwise be available to the Member as part of Membership.
14.5 When Members browse The Pass App or contact AVC electronically, AVC may record geographical tagging, cookies and statistical data. This may include the Member’s IP address, date and time of the Member’s visit, operating system, language preferences, device characteristics, pages visited, information downloaded and type of browser used to access the website.
14.7 While The Pass App may contain links to other websites with the exception of related entities, those websites are not subject to AVC’s privacy standards, policies and procedures. AVC recommend that Members make their own enquires as to the privacy policies of these third parties. AVC is not responsible for the privacy practices of these third parties.
15. Liability and Warranties
15.1 AVC acknowledge that certain jurisdiction’s laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers in Australia, certain services come with statutory guarantees under the Competition and Consumer Act 2010 (Cth) that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 13.2 is not intended to exclude or restrict the application of such laws.
15.2 Subject to clause 13.1, and to the extent permitted by law in any applicable jurisdiction, AVC and any of their officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions or The Pass App, including, without limitation, any changes to the Terms and Conditions of The Pass App, save to the extent that such loss or claim arises from the negligence or wilful misconduct of AVC.
15.3 AVC is not liable if interference with or damage to a Member’s computer systems occurs in connection with the use of The Pass App or linked websites.
15.5 Members are required to update and retain their registered personal details for access to The Pass App, and acknowledge that any activity, accumulated Points and Credits will be forfeited if Members are unable to correctly login to The Pass App using their registered login credentials.
15.6 AVC will not be liable for any damage to or any viruses which may affect a Member’s computer on account of your access to The Pass App.
15.7 To the extent permitted by law, AVC provides The Pass App on an “as is” basis. AVC disclaims any warranties (either express or implied) as to fitness for a particular purpose, merchantability, non-infringement, accuracy or that The Pass App will be free from malicious code or error-free.
15.8 While AVC uses commercially reasonable efforts to include accurate and up-to-date information on The Pass App, AVC makes no warranties or representations as to its accuracy.
15.9 AVC assumes no liability or responsibility for any errors or omissions in the content of The Pass App.
16. General
16.1 Interpretation: In these Terms and Conditions, unless the contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) dollars or ‘$’ means Australian dollars;
(c) unless otherwise stated, all dollar amounts include any applicable GST;
(d) dates or times are Universal Time Code (or GMT) dates or times;
(e) a reference to ‘include’ or ‘including’ means ‘including but not limited to’.
16.2 Governing Law: The Terms and Conditions and membership in The Pass App are governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for Membership has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of Victoria.
16.3 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including but not limited to under the Competition and Consumer Act (2010) Cth and under State and Territory consumer protection legislation.
16.4 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
16.5 AVC recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to Membership and Benefits. AVC is not responsible for any taxes applicable to the Membership and Benefits, that is solely the Member’s responsibility.
16.6 AVC may, change or add to The Pass App, any information or offers including products and services contained herein at any time.
16.7 While AVC will use all commercially reasonable efforts to ensure that information on The Pass App is accurate and up to date, AVC will not be liable to Members for any errors displayed within The Pass App.
17. Electronic Listings and Advertisements
17.1 AVC does not accept responsibility for the accuracy, error or omission in any Benefits or advertisements published within The Pass App and disclaims all liability to Members for any loss or damage arising from such inaccuracy, error or omission.
