Terms and Conditions
Melbourne Racing Club
MRC Member' Loyalty Program - Terms & Conditions
Effective Date: 1 August 2017 (Current as at 1 August 2017)
These terms and conditions (as amended from time to time by the MRC) will apply on and from the above Effective Date to the MRC Pegasus Rewards Loyalty Program and to all points earned by Members after that date.
Reward points earned prior to 1 August 2017 under the former MRC members’ loyalty program will be available to spend during the 2017-18 racing season provided that the Member has renewed their Membership and paid the Subscription Fee for the 2017-18 Racing Season prior to the 1st November 2017.
1.1. These Terms and Conditions form the basis of the MRCs Pegasus Rewards Loyalty Program (the ‘Program’), together with the Club Rules and other communications provided to Members from time to time. It is the Member’s responsibility to read and understand all them.
1.2. These Terms and Conditions govern all aspects of the Program and every Member is bound by them. Each Member accepts these Terms and Conditions (as amended from time to time) each time they pay the Subscription Fee, submit their Membership renewal form, renew their Membership, use their Membership Card or Member Number, claim or utilise a Reward or do anything else contemplated by these Terms and Conditions, or attempt to do any of these things.
1.3. Every effort has been made to ensure that the information provided to Members in relation to the Program is correct. The MRC is in no way responsible or liable if any information provided to Members concerning the Program is inaccurate or incomplete.
1.4. The MRC reserves the right to change the Program and/or these Terms and Conditions at any time at its discretion in accordance with section 10 below. The version of these Terms and Conditions published on the MRC Website from time to time is the current version and will bind all Members.
1.5. These Terms and Conditions are for the benefit of each Member, the MRC and each Partner.
1.6. These Terms and Conditions are governed by and will be constructed in accordance with the law in force in the State of Victoria, Australia. The Member should note their rights under the Competition and Consumer Act 2010 (Cth) and relevant State and Territory legislation which cannot be contracted out of by the MRC. Nothing in these Terms and Conditions either limits, or purports to limit, these rights.
1.7. The MRC includes its employees and representatives. References to “we”, “us” and “our” are references to the MRC.
Current as at 1 August 2017
Alumni Member acknowledges that there may be circumstances that prevent members from attending race meetings, but may want to remain a current member, to ensure years of membership are continued and to avoid paying a higher new member fee. An Alumni Member is not entitled to participate in the Program during the period of his/her Alumni Membership.
Base Rate means the number of Standard Points earned by a Member for an Eligible Transaction. The Base Rate is currently set at 5 points per $1 spent (per section 5 below).
Bonus Points means Program points that are awarded for participation in a MRC or Partner Promotion. Bonus Points are separate to Standard Points but both are Points. Bonus Points are not always issued at the Base Rate.
Club Rules means the rules of the MRC as amended from time to time in relation to any aspect of the MRC’s operations, including (without limitation) the Club Rules, By-laws and conditions of entry.
Dining Transaction means an Eligible Transaction in respect of which a Member has made a restaurant booking at an Eligible Restaurant by:
a) filling in the relevant online booking form;
b) making a telephone booking; or
c) making an oncourse booking in person at a Racecourse.
Dollars means Australian dollars.
Early Bird Offer is an offer for Bonus Points available to Full Members who have renewed their Membership online by paying their Subscription Fee prior to 31 July.
Eligible Restaurant means:
a) Promenade Restaurant at Caulfield Racecourse;
b) Let’s Elope Restaurant at Ladbrokes Park Racecourse; and
c) Gunnamatta Restaurant at Mornington Racecourse.
Eligible Transaction means a transaction (as described in section 5 below) by which a Member makes a purchase from the MRC that the MRC has notified Members is eligible to earn Standard Points and, at the time of the transaction, the Member has (a) successfully scanned their Membership Card or (b) (where the Eligible Transaction is a Dining Transaction) the Member has quoted their Member Number online or over the phone or quoted to oncourse staff when entering a permanent Racecourse restaurant. Please note that wagering and gambling transactions (and any amounts spent on wagering or gaming, either with MRC or any other third party) are NOT Eligible Transactions for the purposes of the Program. Transactions at Caulfield Glasshouse, Steeples, Mornington and/or Sandown Highways are deemed not to be Eligible Transactions her exclusions are described in section 5 below and MRC may notify Members of other transactions that are or are not Eligible Transactions from time to time at its discretion in accordance with section 10 below.
Member means a person who is a Full, Life, Social or Chairman’s Club MRC Member or a Full Mornington racecourse member. A Member must be a financial Member to participate in The Program.
Member Number means the MRC Member number associated with a Member’s Membership.
Membership means the category of membership granted by the MRC to a Member for a Racing Season provided that the Member has paid the relevant Subscription Fee.
Membership Card means the non-transferable card associated with a Member’s Membership.
MRC means Victoria Amateur Turf Club (incorporating the Melbourne Racing Club).
MRC Customer Service means the Melbourne Racing Club Call Centre which can be contacted on 1300 GO RACE (46 7223).
MRC Website means mrc.racing.com.
Oncourse Spend means purchases at Point of Sale terminals throughout the permanent facilities (as notified by MRC from time to time) within a Racecourse.
Partner means an official partner or sponsor of the MRC (as nominated by the MRC from time to time) that is an organisation with whom the MRC has an agreement concerning:
a) the MRC crediting to Members certain Bonus Points (where applicable) on behalf of that organisation as a result of certain eligible transactions involving that organisation’s products or services; and/or
b) that organisation supplying other Rewards to Members as agreed with the MRC.
Point of Sale means the MRC sales terminals located within a Racecourse as published (and as amended) by the MRC from time to time.
Points means Standard Points and Bonus Points (collectively) unless otherwise stated.
Program means MRC Members’ Rewards Program.
Promotion means an opportunity to earn Bonus Points through a particular transaction or activity or behaviour that the MRC has notified Members is a Promotion or eligible to earn Bonus Points.
Racecourse means Caulfield Racecourse, Mornington Racecourse or Ladbrokes Park Racecourse.
Race Meeting means a race meeting conducted by the MRC at a Racecourse.
Racing Season means the period from 1 August to 31 July in the following calendar year (inclusive).
Redemption means the exchange of Points for a Reward.
Reward means any product or experience, or other reward obtained by a Member through the redemption of Points under the Program.
Standard Points means Program points eligible to be earned by a Member for their spend on Eligible Transactions.
Subscription Fees means the subscription fees required to be paid by a Member (including any GST)in order to be granted the relevant category of Membership by the MRC for a Racing Season.
Terms and Conditions means these Terms and Conditions as amended from time to time.
- Participation in the Program
3.1 Unless otherwise specified in these Terms and Conditions, all Members are eligible to participate in the Program.
3.2 Employees, directors, contractors and other representatives of MRC and organisations or individuals involved in providing sponsorship benefits to the Program, and the aforementioned parties’ immediate families, are not eligible to participate in the Program.
3.3 Each Member shall remain responsible for advising the MRC of any change of name or address. Changes can be made by contacting MRC Customer Service.
3.4 Should a Member be suspended for any reason in accordance with the Club Rules, their account will be inaccessible for the duration of the suspension. Despite any such suspension, Point expiry rules will still apply per section 6 of these Terms and Conditions.
3.5 Participation in the Program will cease upon a person ceasing to be a Member under the Club Rules (including by death) and upon such cessation all Points will be cancelled from the date of cessation.
- Use of MRC Membership Card
4.1 A Member’s own Membership Card is required to be used by the Member to record attendance at a Racecourse, track Member spend on Eligible Transactions and record participation in any Promotion (as required by the terms of the Promotion) at Race Meetings in order for Standard Points or Bonus Points (as applicable) to be allocated to that Member under the Program.
4.2 It is the sole responsibility of the Member to bring their Membership Card to the Race Meeting and to ensure that their Membership Card is scanned as required at the turnstiles at the Racecourse to earn any Bonus points that may be available from time to time for Racecourse attendance. No retrospective Points will be awarded in respect of attendance, Oncourse Spend, Eligible Transactions, or participation in Promotions, where a Member did not adhere to the above conditions at the time of entry or processing the relevant transaction (as the case may be).
4.3 The MRC Membership Card is and shall remain the property of the MRC (even when in use by the Member) and must be returned on demand. It is not a payment or credit card.
4.4 The MRC Membership Card is valid for use only by the Member and is not transferable under any circumstances.
4.5 The MRC Membership Card is valid for use only during the Racing Season in which the Member has paid their Subscription Fees.
4.6 The MRC reserves the right to require the Member to produce their Membership Card at any time while making an Eligible Transaction or claiming or utilising any Rewards.
4.7 Each Member undertakes that it will take all possible precautions to prevent any unauthorized use of their Membership Card. In the event of loss or theft of a Membership Card, it is the responsibility of the Member to immediately advise the MRC.
4.8 The MRC will not be liable for misuse of a lost or stolen Membership Card or for any delay in providing a replacement card.
Current as at 1 August 2017
4.9 Replacement Cards – If a Member requires a replacement Membership Card, a replacement card fee of $30.00 (GST inclusive) will be charged, subject to section 4.10 below.
4.10 Replacement Card fee waivers – The replacement card fee will be waived upon request by the Member under the following circumstances:
a) Stolen Card – police report or reference number required.
b) Faulty Card – card has inoperable barcode.
4.11 By submitting his/her Membership renewal, renewing his/her Membership, using the Membership Card or Member Number, or by claiming any Reward the Member agrees to be bound by the Terms and Conditions and provides the consents specified in section 16 relating to Privacy.
- Earning Standard Points and Bonus Points
5.1 A Member may earn Standard Points at the Base Rate for their total spend on Eligible Transactions (including any GST but excluding tips, spend using vouchers or by redeeming points) (other than Dining Transactions which are addressed separately in section 5.2 below), when transacting at permanent Point of Sale terminals within the Racecourse (points can only be earned at outlets where cards can be scanned) and scanning their Membership Card.
5.2 A Member may earn Standard Points at the Base Rate for their spend on Dining Transactions which are Eligible Transactions (including any GST but excluding tips, spend using vouchers or by redeeming points). For the purpose of this section 5.2, spend on a Dining Transaction shall relate solely to the Member’s individual restaurant dining ticket (e.g. where a Member books, and pays for, a table for 6 people for $600, the Member is deemed to have a $100 spend and Standard Points will be issued to the Member on this basis). This section 5,2 does not encompass spend on beverages while a Member is at an Eligible Restaurant, and such spend shall be considered Eligible Transactions with Points accruing on the basis set out in section 5.1.
5.3 Wagering and gambling transactions (and any amounts spent on wagering or gaming, either with MRC or any other third party) are NOT Eligible Transactions for the purposes of the Program.
5.4 Up to date details on Eligible Transaction and Promotions are set out on the MRC Website.
5.5 To earn Standard Points on Eligible Transactions in permanent food and beverage outlet Points of Sale at the Racecourse (other than at an Eligible Racecourse), Members must ensure their Membership Card is swiped at the participating outlet Point of Sale. It is the responsibility of the Member to scan their Membership Card during the transaction before the staff member has cashed the transaction off. The participating outlets and Points of Sale on individual Race meetings may vary between racedays.
5.6 MRC may change the Base Rate at any time, or vary the Base Rate by tier, in accordance with section 10 below. There is no cap to the number of points a Member can earn.
Current as at 1 August 2017
5.7 Subject to section 7.1 below, Standard Points for Eligible Transactions will ordinarily be allocated to a Members’ account at the time of purchase after the relevant transaction. Bonus Points will ordinarily be allocated to a Members’ account within five business days after the relevant transaction.
5.8 A Member may also earn Bonus Points from time to time, as made available by the MRC and Partners, for participation in Promotions on the terms published from time to time by the MRC or Partner and the applicable terms set out in section 17 of these Terms and Conditions. The rate at which Bonus Points are issued will change and will be determined by the MRC. The current Bonus Points available are:
• Full MRC Member Referral – 5000 Points
• Early Bird Offer – 4,000 points
• Full Mornington Member Referral - 2500
• MRC Racing and Events Referral – 2500 Points
• Attendance at a Race Day (Caulfield Racecourse and Mornington Racecourse only) – 200 Points
To earn Bonus Points for referral the new Member must include details of the Member referring them at the time of application.
5.9 Points will not be awarded in relation to any Eligible Transaction that is cancelled or refunded or the relevant product or service is returned. MRC may cancel or deduct any Points that have been awarded in relation to cancelled, refunded or returned Eligible Transactions or products or services.
5.10 Except as provided elsewhere in these Terms and Conditions, or as otherwise specified by MRC, Standard Points may be credited only to the account of the Member who made the Eligible Transaction.
5.11 The basis upon which Members may be permitted to accumulate Standard Points (including any formulae for accruing Points) shall be determined by the MRC in its sole and absolute discretion and may change from time to time in accordance with section 10 below.
5.12 Points are not money, cannot be transferred or exchanged or refunded for money and cannot be used by any person other than the Member who accumulated the Points. It is the Member’s responsibility to ensure that their Membership Card has been:
a) properly inserted into/placed in front of and accepted by the card reader/scanner when entering the Racecourse at any Race Meeting; and
b) properly scanned at the Point of Sale terminal when making an Eligible Transaction at a Point of Sale, prior to the transaction being cashed off by the staff member.
5.13 The MRC shall not be liable in any way in relation to the unavailability of Points which fail to accumulate as a result of Partner error, technical malfunction, or by reason of operator fault, misrepresentation or any other reason beyond the reasonable control of the MRC.
5.14 The MRC reserves the right to adjust a Member’s Points balance and to withdraw or alter any Rewards where such Points or Rewards have accumulated as the result of any error, technical malfunction, operator fault, misrepresentation or any other reason, including any act or omission (including negligence) by the MRC or a Partner.
5.15 Any notice issued by the MRC to the Member specifying the number of Standard Points or Bonus Points accumulated by the Member may be adjusted by the MRC by any subsequent notice.
Current as at 1 August 2017
5.16 Bonus Points and other Promotions:
a) MRC may from time to time enter into arrangements with its Partners in relation to the awarding of Bonus Points to Members on behalf of those Partners. Such arrangements may change from time to time and may include the awarding of Bonus Points for participation in Promotions, or as purchasing incentives. Those Bonus Points are earned in accordance with the terms and conditions offered by the Partner, and are subject to change.
b) MRC may, from time to time, also offer other arrangements or approve other ways in which Members may earn Points. Additional terms and conditions applicable to earning those Points will be made available through the MRC Website, emails, SMS notifications and on course screens at the Racecourses.
c) Members should check all applicable terms and conditions with the relevant Partner or on the MRC website or by calling MRC Customer Service before participating in any such Promotion or purchasing the applicable products or services.
- Points Expiry
6.1 Points accumulated through the Program will carry over to the next Racing Season if the Membership is renewed and provided that the Member has paid the Subscription Fee for the next Racing Season.
6.2 MRC Members who do not renew can keep their Points balance to be used in the future by purchasing an Alumni Membership. For every year they buy an Alumni Membership they can keep their points, for a maximum of two consecutive years. Those that then renew their MRC Membership will receive the Points balance for use.
6.3 If a MRC Member does not renew their membership or purchase an Alumni Membership prior to 1 November in the following Racing Season, their Program points will expire.
- Awarding of Points
7.1 Points will ordinarily be awarded within 5 business days. There may be some delay between an Eligible Transaction or attendance at a MRC Race meeting and the awarding of Standard Points and Bonus Points. The MRC will take all reasonable steps to limit such delays beyond the reasonable processing time, but will not be liable in the event of delays which are not within its reasonable control.
7.2 Members can check their Points balance by logging into their Members portal via the MRC Website or by calling MRC Customer Service. During an MRC Race Meeting, Members can request a receipt or a verbal balance update on making a purchase.
7.3 Members cannot pool or combine their Points with those of other Members and Points cannot be assigned, transferred, or otherwise made available for the benefit of any other person or legal entity.
8.1 The MRC may at any time and without prior notice change the Rewards that are to be made available or offered to Members. The MRC shall have no obligation to make available or offer any particular Reward.
8.2 The MRC shall not be liable in any way to any Member in relation to the availability or withdrawal of a particular Reward that may have been previously displayed or promoted as being available. The MRC will not be liable for any failure to offer any particular Reward.
Current as at 1 August 2017
8.3 Rewards cannot be used in conjunction with other discount programs, offers or special events, whether run by the MRC or a third party, unless otherwise approved by MRC or specified in the terms and conditions of a particular discount program, offer or special event.
8.4 Rewards cannot be assigned, transferred, or otherwise made available for the benefit of any other person or legal entity.
- Redeeming Rewards
9.1 A Member may redeem their Program points as soon as they have sufficient Points for an available Reward.
9.2 A Member who has accumulated the required number of Program points may contact MRC Customer Service, visit the MRC Website or visit the Raceday and Ticketing Office on the Racecourse to make a redemption of items then available or for food & beverage Rewards, at the Point of Sale.
9.3 Provided that the Member has the required number of Points, the MRC may allow Members to redeem their Program points for Rewards which the MRC, in its sole and absolute discretion, chooses to make available at the time of redemption. Once redeemed, Program points will be subtracted from the Member’s account. Reward availability is limited.
9.4 Members acknowledge that terms and conditions apply to Reward items obtained by redeeming Points, which terms and conditions shall be made available at the time of redemption, and include the following:
a) Reward items (such as dining experiences) are limited and are offered subject to availability;
b) Points cannot be redeemed for certain Rewards (i.e. race day dining packages and race day experiences) on Stella Artois Caulfield Cup Day, Ladbrokes Caulfield Guineas Day, Ladbrokes Blue Diamond Day, Hyland Race Colours Underwood Stakes Day (CAU), Ladbrokes Peninsula Cup day (MOR), Zipping Classic Race Day (LBP), Ladbrokes Mornington Cup day (MOR); and
c) the MRC takes no responsibility for any injury or loss suffered during the participation in the Reward.
9.5 The redemption of any Reward is subject to the Member having the sufficient Points balance.
9.6 The terms and conditions upon which Program points may be redeemed for Rewards, including the number of Points required to be accumulated for any Reward or redeemed for any particular Reward, shall be determined by the MRC in its sole and absolute discretion, and may be amended or changed by the MRC without notice.
9.7 A Reward will be displayed for redemption through the MRC Website if it is available at the time the relevant entry is posted on the Website. A Reward may however become subsequently unavailable before the order and delivery form is processed.
9.8 Additional terms regarding the redemption of Program points for particular types of Rewards are set out in the terms published by or on behalf of the MRC from time to time on the MRC Website. Where there is inconsistency between these Terms and Conditions and any other terms and conditions published on the MRC website, these Terms and Conditions prevail.
Current as at 1 August 2017
9.9 Except as required by law, Rewards will not be replaced if stolen, lost, damaged, destroyed or otherwise altered after delivery to the delivery address nominated by you. Neither the MRC nor a Partner will accept a Reward where the product is no longer of merchantable quality due to any act or omission on the Member’s part, including where the Reward has been damaged by use for the purpose for which it was not intended while in the Member’s possession.
9.10 In addition to any statutory rights a Member may have and which cannot be excluded by these Terms and Conditions, a Member may return any Rewards which are faulty, damaged or unfit for use within 21 working days of delivery. If a Member requests a refund in respect of any such Reward, which is demonstrated to be faulty, damaged or unfit for use, MRC will return the Points within the 21 working days period and make the necessary adjustments the Member’s Program account. Adjustments to Points may take up to 7 working days.
9.11 It is the responsibility of each Member, using the MRC’s Website or any other means that the MRC may make available, to keep track of all redemptions made against their Program account and ensure that sufficient Points are held in credit to cover any Rewards redemption requests. Members must report any unauthorised Reward claims or discrepancies from their account within 60 days of the occurrence.
9.12 Rewards advertised by MRC relate solely to an individual Member’s right to redeem their Points in respect of that Reward. For example, where MRC has advertised that 7500 Points shall entitle the Member to a “Dining experience in the Let’s Elope Restaurant” this shall be construed to relate solely to the Member’s individual restaurant ticket, rather than an entire table at the Let’s Elope Restaurant. To the extent a minimum booking number is required, the Member’s guests will be required to separately purchase their restaurant ticket or (if such guests are also Members) separately redeem their Points for the Reward.
- Changes to the Program
10.1 MRC reserves the right to change the Program and/or these Terms and Conditions at any time at its absolute discretion.
10.2 The MRC shall use all reasonable endeavours to notify Members:
a) of any changes to the Program and/or these Terms and Conditions; and
b) at least 30 days in advance of any changes to the Program and/or these Terms and Conditions that materially reduce the benefits available to all or most Members under the Program, but the MRC shall not be liable in any way for any failure to do so.
10.3 Each Member agrees that posting details of any change to the Program on the MRC Website shall be sufficient notice for the purposes of this section 10.
- Cancellation or Transfer of Rewards
11.1 Rewards made available under the Program cannot be transferred or cancelled by the Member once they have been issued unless at least 3 days’ written notice is provided by the Member to the MRC of the cancellation.
11.2 Members who elect not to use a Reward once it has been issued will not be entitled to any credit or reinstatement of Points. The Reward will be deemed forfeited (unless otherwise determined by MRC in its absolute disrection).
- Goods & Services Tax (GST)
12.1 Membership - the Subscription Fees are subject to GST.
12.2 Awarding Points - the MRC does not charge GST on the awarding of Points to Members. However, the goods and services purchased which give rise to the awarding of points may be subject to GST.
12.3 Redeeming Points - the MRC does not charge GST on any Points redeemed for goods and services provided through the Program.
12.4 This information relates to the Program only and should not be taken as a guide to the GST impact on other loyalty programs.
12.5 All other taxes and duties that may be payable in respect of a Member’s participation in the Program or the claiming or use of a Reward are the sole responsibility of the Member.
- Termination of the Program
13.1 The MRC gives no warranty as to the continuing availability of the Program.
13.2 Subject to section 10, the MRC expressly reserves the right to terminate, suspend or change the Program at any time without notice. These changes may affect any features of the Program and these Terms and Conditions.
13.3 In the event that the Program ceases to operate, all Points that have not been exchanged for available Rewards within 30 days of the MRC issuing a notice of the cessation to Members, will be cancelled. In addition, all Rewards that have been accumulated in connection with the Program will be deemed to be cancelled if they have not been issued or used by the same date.
- Termination of Member Participation
14.1 Unless otherwise expressly stated in these Terms and Conditions or otherwise agreed with the MRC, a Member’s participation in the Program automatically terminates in accordance with section 3.5 upon that individual ceasing to be a Member for any reason.
14.2 The MRC reserves the right at any time in its absolute discretion to suspend or terminate a Member’s participation in the Program, which shall include any breach of these Terms and Conditions.
14.3 Each Member agrees that he/she will not:
a) act in a way which breaches these Terms and Conditions;
b) transact using their Membership Card while intoxicated or act in an offensive manner toward any other Member, any MRC staff member or any other member of the public;
c) abuse or misuse the Program or any Rewards, awarded to the Member as a result of their participation in the program;
d) engage in illegal or fraudulent activities; or
e) supply or attempt to supply false or misleading information, or make a misrepresentation to the MRC.
Current as at 1 August 2016
14.4 All Points and Rewards to which the Member is entitled at the time of termination of the Member’s participation in the Program shall be forfeited upon termination and will not be reinstated.
15.1 If any part of a scheduled Race Meeting including any race, performance, event or any other element of the Race Meeting is cancelled, abandoned, postponed or relocated, in whole or in part, due to adverse weather conditions or for any other cause beyond the MRC’s control, there is no right to refund, exchange or credit and no obligation is assumed by the MRC for the arrangement of a substitute event, performance or any other element.
15.2 Programs, menus, duration and timing may be subject to alteration without notice. The MRC reserves the right to vary, add, withdraw or substitute advertised programs, menus and facilities.
15.3 In the instance where internal Point of Sales Systems become unavailable for usage on a race day, the Melbourne Racing Club may, at its absolute discretion, elect to re-apply any special offers on a different race day (but, for the avoidance of doubt, is in no way required to do so). If the Melbourne Racing Club elects to:
- re-apply any special offers, Melbourne Racing Club will use its reasonable endeavours to inform Members of the new date for the special offer as soon as reasonably practicable; or
- maintain those special offers for the originally intended race day despite the outage, Members will receive an information card and must hold all receipts of payments made during the outage and either (a) provide all receipts to staff in the Race Day Office on the race day; or
(b) scan and email receipts to firstname.lastname@example.org within 60 days of occurrence to be entitled to claim any relevant points. Members should note that unfortunately during such times they will not be able to redeem points for purchases.
15.4 In the absence of manifest error, the MRC’s determination regarding any matter under these Terms and Conditions is conclusive and will not be disputed by a Member.
15.5 All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Program are expressly excluded to the full extent permitted by law. Any liability that the MRC may have to a Member under statute in respect of such goods and services which cannot be excluded is limited, where permitted, to:
a) supplying, or paying the cost of supplying, the services again; or
b) replacing or repairing, or paying the costs of replacing or repairing, the goods; or
c) supplying equivalent goods or services, at the MRC’s sole discretion.
15.6 Subject to section 15.5, any liability that the MRC may have to a Member whether for negligence, breach of contract or otherwise is limited:
a) in the case of any claim relating to Points, to crediting that number of Points to the Member’s account; or
b) in the case of any claim relating to a Reward, to crediting to the Member’s account the number of Points published by the MRC as required to be redeemed to claim that Reward;
15.7 Each Member agrees that to the extent that the MRC is required to provide notice of any matter or to publish any matter to Members under these Terms and Conditions or otherwise, posting details of that matter on the MRC Website shall be sufficient notice (or publication as the case may be) of that matter to the Member and it is the Member’s responsibility to stay up to date with the Program by regularly reviewing those matters notified/published on the MRC Website.
15.8 The Program, and these Terms and Conditions, are governed by the laws of Victoria, Australia and each Member through their participation in the Program irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia. Members agree that a judgment in any proceedings brought in the courts of Victoria, Australia will be conclusive and binding and may be enforced in any courts of any other jurisdiction.
parties on behalf of the MRC) in connection with the Program or specific Rewards or events.
16.2 In addition, each Member hereby consents to the personal information the MRC or any Partner collects about the Member in connection with the Program (including in connection with the Member’s transactions with the MRC or any Partners) being collected, held, disclosed and used by MRC, its service providers and Partners for the purpose of:
a) meeting any MRC or Partner commitments to Members;
b) disclosing that information to any third party service provider whom the MRC or Partner engages to assist in meeting commitments to Members;
c) providing Members with tailored marketing about MRC and third party products that MRC considers will be of interest to Members; and
d) improving the customer service provided to Members, including by means of research, marketing, product development and planning.
16.3 Each Member acknowledges that data will be collected as part of Ad hoc offers (as defined at section 17.1). Such data may include personal information (and may include the location of the Member and the fact that the Member attended a particular raceday), and (in addition to that data being used in accordance with section 16.2) the Member consents to such personal information being:
a) used for the purposes of the relevant Ad hoc offer or Promotion and tracking the spend and behaviour of the Member to assist with developing the design of the Program; and
b) disclosed to any third party service provider whom the MRC engages to provide data analysis services.
- Ad hoc offers
17.1 MRC may from time to time offer all or some members Bonus Point opportunities (or ways to earn Point redemption opportunities) on an ad hoc basis (Ad hoc offers). Such Ad hoc offers are usually one off or time constrained or temporary offers that are communicated to Members from time to time (for example, double points offers etc).
17.2 Unless determined otherwise by MRC in its sole discretion, the following additional terms and conditions apply to any such Ad hoc offers:
(a) Each Ad hoc offer is valid on the dates specified by MRC or, if no such dates are specified, the offer is valid only on the day that the offer is sent to the Member;
(b) Each Ad hoc offer is personal to the Member it is sent to and cannot be transferred to or accepted by any other Member;
(c) Any Ad hoc offer that includes or relates to an offer of an alcoholic beverage will only be satisfied if it can be satisfied in accordance with the MRC’s obligations for responsible service of alcohol. MRC promotes the responsible service of alcohol and any Member wishing to take up such an offer must be 18 years or over;
(d) Ad hoc offers are only available to Members and not their guests or any third parties;
(e) Ad hoc offers may be made to one or more Members or a limited number of Members, at MRC’s discretion;
(f) The MRC may place limitations on Ad hoc offers in terms of the number of times an offer can be accessed by a Member or the time during which they are available. Limitations for each offer will be communicated by the MRC prior to the offer being made available;
(g) Members must scan or provide their Membership Card to take up an Ad hoc offer at the specified Point of Sale (or permanent retail outlet) or provide their Member number to MRC Customer Service to take up an Ad hoc offer;
(h) Where an Ad hoc offer relates to a raceday prize draw:
I. Members must, during the relevant promotion period stated in the raceday prize draw’s terms and conditions, swipe their MRC Membership Card at the designated permanent retail outlet Point of Sale when making the required purchase (eg. food and beverage purchase) before the staff member has cashed the transaction off. It is the responsibility of the Member to scan their Membership Card during the transaction;
II. the designated outlets and Points of Sale may vary between racedays and will be notified to Members as part of the promotion or on the MRC Website;
III. where the promotion requires the purchase of food and/or beverage to enter the draw, purchases of food and/or beverages by redeeming points are excluded;
(i) Ad hoc offers are subject to available stock and may be withdrawn at any time;
(j) Ad hoc offers may be subject to other applicable terms and conditions which will be made available in the relevant communication or through the MRC Website; and
(k) In accordance with section 5.13 the MRC shall not be liable in any way in relation to the unavailability of Points which fail to accumulate as a result of Partner error, technical malfunction, or by reason of operator fault, misrepresentation or any other reason beyond the reasonable control of the MRC.