1. Introduction

1.1 These Terms and Conditions form the basis of RASHAYS® Rewards. They are intended to protect both Members and RASHAYS® Cafes & Restaurants Pty Ltd (otherwise referred to as ‘RASHAYS®’). It is the Member’s responsibility to read and understand them.

1.2 These Terms and Conditions are effective as at the date specified above and may be amended by RASHAYS® from time to time. The current Terms and Conditions are those available on the RASHAYS® website at the time of access. Members will be provided with the opportunity to review these Terms and Conditions at the time of joining RASHAYS® Rewards.

1.3 Every Member is bound by these Terms and Conditions.

2. Definitions

2.1 In these Terms and Conditions unless the context otherwise requires:

‘Benefits’ means any of the discounts, gift vouchers and/or offers available to a RASHAYS® member as a result of membership in RASHAYS® Rewards;

‘Member’ means a person who is a member of RASHAYS® Rewards;

‘Membership Account’ means the record of a member’s membership, which is available to the member online at rashays.com;

‘RASHAYS®’ means RASHAYS® Cafes & Restaurants Pty Ltd ABN 54 786 120 096;

‘rashays.com’ means this internet site;

‘RASHAYS® Rewards’ means the rewards program operated by RASHAYS®;

‘RASHAYS® Customer Care’ means a centre operated by or on behalf of RASHAYS® where membership information is processed and/or RASHAYS® Rewards is administered;

‘Terms and Conditions’ means these RASHAYS® Rewards Terms and Conditions;

3. Changes to RASHAYS® Rewards

3.1 Subject to clause 3.2, RASHAYS® reserves the right to make any changes (whether material or otherwise) to RASHAYS® Rewards, the Terms and Conditions and the Benefits offered, including:

(a) changes to the ways in which RASHAYS® Benefits are accessed, earned and redeemed.

(b) changes to the Benefits themselves, including the continued availability of Benefits, and Benefit restrictions or conditions;

(c) changes to any RASHAYS® products or services.

3.2 RASHAYS® will use best efforts to advise Members of material changes to these Terms and Conditions;

3.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if RASHAYS® notifies Members of the change by providing notice at the email address provided to RASHAYS® by the Member or, if no valid email address is held by RASHAYS®, by posting details of the changes on rashays.com;

4. Termination or Suspension of RASHAYS® Rewards

4.1 RASHAYS® gives no warranty as to the continuing availability of RASHAYS® Rewards. RASHAYS® may terminate or suspend RASHAYS® Rewards at any time.

4.2 If RASHAYS® terminates or suspends RASHAYS® Rewards, Members will be able to redeem RASHAYS® Benefits during the notice period in accordance with these Terms and Conditions, except where RASHAYS® is ceasing to operate as a business and/or has gone into liquidation or other form of administration, in which case RASHAYS® may terminate or cancel any Benefits immediately without notice.

5. Membership

5.1 Membership of RASHAYS® Rewards is provided automatically when a Member registers.

5.2 To register as a Member of RASHAYS® Rewards, Members must create an account at www.rashaysrewards.com

5.3 Each Member may have only one RASHAYS® Rewards account.

5.4 Each Member must advise RASHAYS® of any change of name or other details as soon as practicable after the change. Changes may be made directly on www.rashaysrewards.com or by contacting RASHAYS® Customer Service team (customerservice@rashays.com). RASHAYS® are not responsible for any failure by a Member to notify RASHAYS® of any changes in accordance with this clause, or for any incorrect changes notified to RASHAYS®.

5.5 Members may, at any time, deactivate their Membership by logging into their account at www.rashaysrewards.com. Once cancelled the relevant Membership and all accumulated RASHAYS® Benefits in that Member’s account will immediately expire. Accordingly, RASHAYS® recommends that Members carefully plan all cancellations to avoid unintentional loss of accumulated RASHAYS® Benefits.

6. Earning Benefits

6.1 By earning or redeeming RASHAYS® Benefits, the Member agrees to be bound by these Terms and Conditions and provides the consents relating to personal information specified in the RASHAYS® Privacy Policy. RASHAYS® Benefits may only be earned and/or redeemed in accordance with these Terms and Conditions as amended from time to time.

6.2 RASHAYS® Rewards accounts are valid for use only by the Member and are not transferable in any circumstances.

6.3 In the event of loss, theft or unauthorised use of a RASHAYS® Rewards card or unauthorised use of a Membership account, it is the Member’s responsibility to advise RASHAYS® as soon as possible. The Member is liable for all use of the card or Membership account until RASHAYS® is notified of the loss, theft or unauthorised use.

7. Member obligations and responsibilities

7.1 Members must not:

(a) act in any way which breaches these Terms and Conditions; or

(b) abuse or misuse RASHAYS® Rewards, any Benefits, facilities, services or arrangements accorded to the Member as a result of Membership including but not limited to:

(i) engaging in illegal or fraudulent activities; or

(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to RASHAYS®; or

(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Benefits other than in accordance with these Terms and Conditions.

8. Suspension or Termination of Membership

8.1 If a Member has committed a material breach of any of the Terms and Conditions, whether intentionally or otherwise, then RASHAYS® 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 RASHAYS® Benefits; and/or

(b) reverse or cancel the Member’s Benefits or any part thereof;

8.2 Membership will terminate automatically on the death of a Member. Benefits earned but not yet redeemed prior to the death of the Member will be cancelled. RASHAYS® will close the Member’s RASHAYS® Rewards account on notification of the Member’s death. RASHAYS® will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

9. Redeeming RASHAYS® Rewards Benefits

9.1 The Benefits available to Members can be found at www.rashays.com. The range and types of Benefits may change from time to time without notice at the discretion of RASHAYS®. Rashays Rewards is not available for online ordering or delivering through 3rd party applications such as Uber Eats, Menulog & DoorDash.

9.2 There is a limit of one RASHAYS® rewards redemption per bill.

9.3 The RASHAYS Rewards Benefit of 5% off next time you dine in will appear in your Rashays Wallet within 24 – 48 hours. This is a dine in only offer, which is available at ALL RASHAYS Restaurants. It CANNOT be used in conjunction with any promotions, limited time only offer/items, Rewards member offer, special promotion, lunch menu, meal deals, hot special menu items and not with an events or buffet menu. This benefit also excludes all drinks.

9.4 Kids Eat Free on Mondays applies for kids 10 & under only (offer not applicable on public holidays, special days i.e. Mother’s Day, Father’s Day or buffet menu)

9.5 Kids Eat Free is only discounted for one child per paying adult main meal. The child must be ordering from the Little Rascals™ menu and the adult must order a full priced adult meal. The individual main meal must be priced at $15.95 or higher (Excludes Breads, Starters, Lunch Menu, Hot Specials, Desserts & Drinks – offer not applicable on public holidays, special days including Mother’s Day, Father’s Day and more, with a special events or buffet menu or any Limited Time Offers.) All adults and children must be in attendance. Dine in ONLY.

9.6 Rashays Wallet is not redeemable for cash and cannot be withdrawn. Balance can be fully redeemed or partially redeemed for a transaction. Balance is not refunded if the membership is cancelled.

9.7 Members acknowledge that:

(a) all reasonable efforts will be made to ensure that information in relation to Benefits is correct, but except as required by certain statutory warranties under consumer protection laws, RASHAYS® accepts no liability for the lack of completeness or correctness of such information;

(b) Benefits may be of limited stock; and

(c) Benefits may be offered for a limited time;

9.8 RASHAYS® may at any time and without prior notice to Members withdraw, limit, modify, cancel, increase or decrease any particular Benefits and the quantity of a Benefit available for redemption.

9.9 A valid membership MUST be presented before finalizing the bill. No membership benefits (including wallet) will be applied once the bill has been finalized.

10. Gift vouchers

10.1 RASHAYS® gift vouchers cannot be converted to or exchanged for money.

a) Gift vouchers can only be redeemed in store.

b) A gift voucher is valid from the date of issue.

c) Cannot be used after the expiry date.

d) Can not be re-loaded.

11. Personal Information

11.1 Each Member acknowledges that RASHAYS® collects, uses and discloses information about the Member in order to provide the Member with Benefits and administer RASHAYS® Rewards and to undertake the activities further set out in this clause. The information about such use in this clause 12 should be read alongside the Privacy Policy available on the RASHAYS® website, which contains more detailed information about how a Member’s personal information is processed.

11.2 If the Member does not provide all or any part of the requested information, the services provided to that Member by RASHAYS®, and the Benefits that the Member receives, may be affected.

11.3 RASHAYS® collects personal information about each Member, including their engagement with RASHAYS® Rewards. For details of the types of information RASHAYS® collects and how it used by RASHAYS®, visit the RASHAYS® Privacy Policy.

11.4 Marketing consent: By becoming a RASHAYS® Rewards Member, the Member provides their express consent to RASHAYS® to send marketing communications including via direct mail, telephone, email, SMS, in-app notifications or other digital means.

RASHAYS® may associate and combine data collected from third parties with the Member’s personal information and use that combined personal 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;

(b) for in-app notifications via app preferences; and

(c) for SMS messages, by opting out directly from an SMS.

Opting out of these communications will impact RASHAYS®’ ability to provide the Member with all the Benefits that would otherwise be available to the Member as part of Membership.

12. Liability

12.1 RASHAYS® acknowledges 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. This clause is not intended to exclude or restrict the application of such laws.

12.2 Subject to clause 13.1, and to the extent permitted by law in any applicable jurisdiction, RASHAYS® 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 RASHAYS® Rewards, including, without limitation, any changes to the Terms and Conditions or RASHAYS® Rewards, save to the extent that such loss or claim arises from the negligence or wilful misconduct of RASHAYS®, or any of their officers, employees or agents.

13. General

13.1 Interpretation: In these Terms and Conditions, unless the contrary intention appears:

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

(b) dollars or ‘