Mint Payments Velocity Frequent Flyer Rewards Plan Terms and Conditions

Terms and Conditions of Use

Effective Date: 1 November 2018

Background:

  1. Mint has made available a customer loyalty scheme called the “Mint Payments Velocity Frequent Flyer Rewards Plan”, as a program partner of the Velocity Frequent Flyer Program.
  2. Under the Mint Payments Velocity Rewards Plan, Merchants who are also a Velocity member, may earn Velocity Points directly when the Merchants use eligible products, services or participate in eligible transactions prescribed under these Terms and Conditions.

It is agreed:

  • Introduction
    • These Terms and Conditions:
      • apply to and govern the contractual relationship between Mint and the Merchant with respect to the “Mint Payment Velocity Frequent Flyer Rewards Plan” made available by Mint as a participant in the Velocity Frequent Flyer Program;
      • are effective as at the date specified above and may be amended from time to time; and
      • operate in conjunction with the Velocity members’ Terms and Conditions (available at https://experience.velocityfrequentflyer.com/member-support/terms-conditions) and in the event of any inconsistency or conflict the Velocity members’ Terms and Conditions prevail.
    • It is the Merchant’s responsibility to read and understand these Terms and Conditions and the Merchant is responsible for reviewing the terms on a regular basis. Mint will post notice of modifications to these Terms and Conditions on Mint’s website. Any queries regarding these Terms and Conditions should be directed to Mint.
  • Definitions & Interpretation:
    • The following definitions will apply in these Terms and Conditions, unless otherwise indicated by the context:

Applicable Transactions” means, subject to any Earn Restrictions, the total value of any transaction processed by a Merchant using a Mint payment product or service, including taxes and charges;

Chargeback” means a debit entry to a Merchant’s Mint Payment Merchant Account processed by Mint, and is the reversal of a credit previously settled to that Merchant, as a result of an invalid transaction;

Designated Merchant Representative” means the individual nominated by a Merchant participating in a Mint Payments Velocity Rewards Plan to receive Velocity Points for Eligible Products.  Such individual must also be a Velocity member;

Earn Restrictions” means exclusions, limitations or restrictions on Eligible Products set out at clause 6.3;

Eligible Products” means the services and/or transactions described in clause 6.1 (subject to the Earn Restrictions), as may be varied from time to time by agreement in writing (and a reference to an Eligible Product is a reference to one of them);

Force Majeure Event” means an event or cause beyond the reasonable control of the affected party including:

  • an act of God, lightning, storm, flood, fire, earthquake or explosion;
  • strike, lockout or other labour difficulty;
  • acts of vandalism or industrial sabotage;
  • act of public enemy, war (declared or undeclared), sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic; or
  • the effect or any applicable laws, orders, rules or regulations of any government or other competent authority;

Insolvency Event” means the occurrence of any one of the following events:

  • an entity becomes ‘insolvent under administration’ as defined in section 9 of the Corporations Act 2001;
  • any step is taken (including without limitation, any application made, proceedings commenced, or resolution passed or proposed in a notice of meeting) for the winding-up or dissolution of an entity or for the appointment of an administrator, receiver, receiver and manager, liquidator or provisional liquidator to the entity or any of its assets;
  • an entity resolves to enter into or enters into a scheme of arrangement or composition with, or assignment for the benefit of all or any class of its creditors or proposes a reorganisation, moratorium or other administration involving any of them;
  • an entity, if a body corporate, becomes unable to pay its debts when they fall due, resolves to wind itself up or otherwise dissolve of itself; or
  • an event analogous to any of those set out in sub-clauses (a) to (d) above occurs;

Merchants” means customers of Mint utilising any of Mint’s payment product or services as end-users, and “Merchant” means any one of them;

Mint” or “Mint Payments” means Mint (Aust) Pty Limited (ABN 49 116 825 033) and any of its related body corporate;

Mint Payments Merchant Account” means in respect of any Merchant, that Merchant’s account with Mint through which it accesses Mint products and services;

Mint Payments Velocity Frequent Flyer Rewards Plan” means, for the purposes of these Terms and Conditions, the loyalty scheme operated by Mint for Merchants relating to the Velocity Frequent Flyer Program;

Terms and Conditions” means the Mint Payments Velocity Rewards Plan Terms and Conditions administered by Mint, as provided in this document;

Velocity” means Velocity Frequent Flyer Pty Ltd (ACN 601 408 824);

Velocity member” means a person whose application for membership of the Velocity Frequent Flyer Program has been accepted and whose membership has not been closed, cancelled or terminated in accordance with the Velocity members’ Terms and Conditions, as published by Velocity from time to time;

Velocity members’ Terms and Conditions” means the terms and conditions of membership of the Velocity Frequent Flyer Program published from time to time;

Velocity Points” means the Points (or equivalent unit of measure, howsoever described) of the Velocity Frequent Flyer Program that can be earned and redeemed by a Velocity member in accordance with the Velocity members’ Terms and Conditions; and

Velocity Frequent Flyer Program” means the Velocity Frequent Flyer Program operated by Velocity from time to time in accordance with the Velocity members’ Terms and Conditions as published by Velocity from time to time.

  • In this Terms and Conditions:
    • words importing the singular shall (where appropriate) include the plural and vice versa;
    • if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • words importing any one gender shall (where appropriate) include the other gender and vice versa;
    • words importing natural persons shall (where appropriate) include corporations, firms unincorporated associations, partnerships, trusts and any other entities recognised by law and vice versa;
    • headings are for convenience of reference only and shall not affect the meaning of interpretation of these Terms and Conditions; and
    • reference in these Terms and Conditions to any statutory enactment or law shall be construed as references to that enactment or law as amended or modified or re-enacted from time to time and to the corresponding provisions of any similar enactment or law of any other relevant jurisdiction.
  • Application of Terms and Conditions
    • By claiming any Velocity Points under the Mint Payments Velocity Rewards Plan, Merchant agrees to be bound by these Terms and Conditions in addition to the Velocity members’ Terms and Conditions.
  • Changes to Mint Payments Velocity Rewards Plan
    • Subject to clause 2, Mint may implement any changes (whether material or otherwise) to these Terms and Conditions and the Velocity Points offered in relation to Eligible Products, including changes to:
      • the ways in which Velocity Points are earned under the Mint Payments Velocity Rewards Plan;
      • the Eligible Products;
      • restrictions, conditions and eligibility to earn Velocity Points under the Mint Payments Velocity Rewards Plan.
    • Mint will inform Merchant of material changes to these Terms and Conditions and where such changes will reduce the number of Velocity Points offered to Merchant under the Mint Payments Velocity Rewards Plan, when possible, give the Merchant at least 30 days’ notice.
    • Without limiting clause 1 in any way, Merchant will be taken to have received the notice referred to in clause 4.2 if Mint notifies Merchant of the change by sending an email to the email address in the Mint Payments Merchant Account.
    • Merchant acknowledges that Velocity is responsible for operating the Velocity Frequent Flyer Program and that Velocity may change the Velocity Program from time to time as it sees fit, or nominate a new Velocity Frequent Flyer program in addition to or substitution for the then current Velocity Program.
  • Termination or suspension of the Mint Payments Velocity Rewards Plan
    • Mint gives no undertaking as to the continuing availability of the Mint Payments Velocity Rewards Plan. Mint may terminate or suspend the Mint Payments Velocity Rewards Plan at any time and will give at least 60 days’ notice to the Merchant of such termination or suspension, except if the Velocity Frequent Flyer Program ceases to operate, in which case the Mint Payments Velocity Rewards Plan will cease immediately.
    • If Mint terminates or suspends the Mint Payments Velocity Rewards Plan, subject to the Velocity members’ Terms and Conditions, the Merchant will be able to redeem Velocity Points for rewards during the notice period, except where:
      • an Insolvency Event occurs to Velocity; and/or
      • an Insolvency Event occurs to,

in which case Velocity Points in Velocity Frequent Flyer Program may be cancelled without notice.

  • Earning Velocity Points
    • To be eligible to receive Velocity Points under the Mint PaymentsVelocity Rewards Plan, a Merchant shall nominate a “Designated Merchant Representative” to receive Velocity Points on behalf of the Merchant. The Designated Merchant Representative must be an existing Velocity member. Velocity Points will be awarded to the Velocity member account for the Designated Merchant Representative. Designated Merchant Representative may enrol as Velocity members at any time subject to the Velocity members Terms and Conditions.
    • Subject to the exclusions, limitations and other conditions specified in this clause 6, Mint will award Velocity Points to a Merchant as follows:

 

Eligible Products Eligibility Velocity Points earn rate
Acquisition Offer A Merchant will be eligible to receive Velocity Points when it signs up to a Mint Payments Velocity Rewards Plan via the Mint and Velocity co-branded landing page. 5,000 Velocity Points
Retention Offer A Merchant will be eligible to receive Velocity Points when a Merchant participating in the Mint Payments Velocity Rewards Plan links their Mint Payments Merchant Account and Velocity member account and processes Visa and Mastercard credit transactions using any of the Mint Payments merchant services products. 1 Velocity Point per AUD$20 Applicable Transactions processed through Mint Payment POS
Anniversary Points A Merchant who has linked their Mint Payments Merchant Account to their Velocity account will be eligible for Velocity Points for customer anniversary bonuses on each anniversary of establishing their Mint Payments Velocity Rewards Plan. 2,500 Velocity Points on each anniversary
Referral Points An existing Merchant who makes a referral that results in the establishment of a new Mint Payments Velocity Rewards Plan will receive Velocity Points upon the establishment of a new Mint Payments Velocity Rewards Plan. 15,000 Velocity Points per referral

 

  • The Eligible Products are subject to the following Earn Restrictions:
Eligible Products Earn Restrictions
Acquisition Offer In order to allocate Velocity Points a Designated Merchant Representative must hold a current Velocity member membership.
Retention Offer ·           Mint Payments Merchant Account and Velocity member membership account must be linked.

·           payments must be processed via Mint to be eligible to receive Velocity Points.

·           payments processed using Visa or Mastercard cards shall be eligible to earn Velocity Points.

Anniversary Points To be eligible for the anniversary Points, Merchant must:

·           maintain a Mint Payments Velocity Rewards Plan continuously for the relevant 12-month period; and

·           process at least AU$150,000 in Applicable Transactions during the applicable period.

Referral Points To be eligible for the referral Points:

·           Merchant referrer must be a Velocity member.

·           the referee must be a Velocity member.

·           the referee must sign up for a Mint Payments Velocity Rewards Plan using the promotional code for the individual referrer.

 

  • Merchants shall not discouragethe use of any card, processor or system and shall be liable for any loss or damage suffered by Mint in connection with a Merchant discouraging use of a card, processor or system.
  • A Merchant is not entitled to claim Velocity Points for:
    • funds held in reserve;
    • transactions which have received either a full or partial Chargeback;
    • transactions which have been voided, refunded, or reversed;
    • transactions that take place when Mint Payments Merchant Account is placed on hold;
    • transactions which have received a dispute notice;
    • where Mint believes that there is risk associated with the Merchant or its Mint Payments Merchant Account.
  • To earn Velocity Points in relation to an Eligible Product, Merchant must comply with any requirements or procedures advised by Mint prior to the establishment of the Mint Payments Merchant Account.
  • It is the Merchant’s responsibility to check whether a product or other activity is eligible to earn Velocity Points, and if so how many Velocity Points will be earned, before undertaking the relevant activity.
  • Mint reserves the right to deny or revoke the crediting of Velocity Points in Velocity Frequent Flyer Program at any time if Mint determines that Velocity Points were improperly obtained or erroneously credited to the Merchant.
  • Unless otherwise determined by Mint, a Merchant is not eligible to earn Velocity Points in the Mint Payments Velocity Rewards Plan if the Merchant’s principal place of business is located outside of Australia.
  • Mint may offer additional opportunities to earn Velocity Points in Velocity Frequent Flyer Program under a special promotion from time to time, in which case the terms and conditions referred to in the promotion will apply.
  • Crediting Velocity Points in Velocity Frequent Flyer Program
    • At the end of each month, Mint will generate a merchant statement (“Merchant Statement”) which will display the Velocity Points that the Merchant has earned and accumulated during the period covered by the Merchant Statement for Eligible Products. It is the Merchant’s responsibility to check that the correct number of Velocity Points has accumulated.
    • Mint will endeavour to instruct Velocity Frequent Flyer Program to credit the applicable number of Velocity Points to the Designated Merchant Representative’s Velocity member account within 60 days after the Merchant receives a Merchant Statement for an Eligible Product. Mint bears no responsibility or liability for any delay in the allocation of Velocity Points.
    • If the Merchant believes it is entitled to more Velocity Points than the Merchant Statement shows, it must contact Mint within 90 days after the Merchant receives the Merchant Statement. The Merchant may be required to also send copies of the relevant sale receipts showing the transactions for which the Merchant believes it is entitled to additional Velocity Points. Mint will investigate all queries and make the final decision if there is any dispute. Mint may adjust the Merchant’s total Velocity Points (backdating the adjustment if necessary) if Velocity Points have been incorrectly credited or debited for any reason.
    • Unless otherwise specified by Velocity Frequent Flyer Program, claims for the crediting of Velocity Points cannot be made if the Designated Merchant Representative’s Velocity member membership is not current or if the Velocity member membership account was not active at the time the transactions took place on the Eligible Product.
  • Suspension or termination of a Merchant or Velocity Points in Velocity Frequent Flyer Program
    • Mint reserves the right to terminate a Merchant’s participation in the Mint Payments Velocity Rewards Plan or withhold or cancel Velocity Points claimed under the Mint Payments Velocity Rewards Plan if the Merchant or any of its representatives has attempted to claim Velocity Points under the Mint Payments Velocity Rewards Plan to which they were not entitled.
    • Mint and Velocity will not be liable for any loss or damage whatsoever suffered by any person as a result of such withholding or cancellation and the Merchant is responsible for ensuring that its nominated Velocity Points recipients are notified of this.
  • Personal Information
  • Taxation Implications
    • It is recommended that Merchants, and their nominated recipients of Velocity Points, seek independent advice from their accountant or tax adviser so that any potential tax implications or liabilities, such as fringe benefits tax or income tax, that may arise from the earning and/or redemption of Velocity Points are understood. Any tax implications arising to the Merchants or their nominated recipients of Velocity Points are the Merchant’s sole responsibility and Mint and Velocity will not be responsible or liable for any taxes as a result of the issue, receipt or redemption of Velocity Points.
  • Intellectual Property
    • The Merchant acknowledges and agrees that all intellectual property rights in the Mint Payments Merchant Account, which the Merchant is provided access, is owned by Mint. The Merchant agrees that nothing in these Terms and Conditions transfers or assigns any intellectual property rights from Mint to the Merchant.
  • Indemnity
    • To the maximum extent permitted by law, the Merchant shall fully indemnity Mint and keep Mint indemnified, its officers, employees and agents, against loss, costs, expenses, demands, taxes or liability whether direct or indirect arising out of a breach of these Terms and Conditions by the Merchant or the Merchant’s wilful, unlawful or negligent act or omission.
  • Entire Agreement
    • These Terms and Conditions, together with the Velocity members’ Terms and Conditions, the terms of use of Mint’s website and merchant portal:
      • contain the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms and Conditions; and
      • supersede any prior agreement or understanding on anything connected with that subject matter.
    • Waiver
      • A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
      • The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
      • A waiver is not effective unless it is in writing.
      • Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
    • General
      • Mint is not liable for any failure to perform or delay in performing its obligations under these Terms and Conditions if that failure is due to anything beyond reasonable control of Mint which includes the occurrence of a Force Majeure Event.
      • If any part or provision of these Terms and Conditions or their application to any person or circumstance is illegal or unenforceable the part or provision will be interpreted as may be necessary to ensure it is not illegal or unenforceable and if any part or provision cannot be so interpreted then it will be severed from these Terms and Conditions and the remaining provisions will continue in force.
      • These Terms and Conditions are governed by the laws of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia and any Court capable of hearing appeals from that jurisdiction.