Merchant Terms and Conditions
The ChooseCBR digital discounts program is a web application launched by the Territory (“we” or “us”) to encourage economic stimulus that supports both community and its local businesses directly. It is a free service in which users and businesses may participate.
The Territory will provide funds to the value of $500,000 to the community in the form of subsidised digital discounts. Every Customer will initially receive the value of $40 to spend at participating businesses.
A Customer will receive point of sale discounts, in the form of a discount code applied at checkout, in the amounts of 2 x $2.50, 1 x $5, 1 x $10 and 1 x $20. ChooseCBR Discounts will be valid up until the Program Funds are exhausted, at which time the Program will cease.
There is a minimum spend required to use the ChooseCBR discounts. Refer to General clause 1.5 for more details.
Every Customer who utilises ChooseCBR Discounts will be replenished with the equal value of the subsidised ChooseCBR Discount the following day until the Program Funds are exhausted.
E.g.: Customer A uses a ChooseCBR Discount of $20 at a merchant on the 8th of December, it will be replenished with an equal ChooseCBR Discount value of $20 on the 9th of December.
The Merchant (“you”) is to redeem the ChooseCBR Discount value from an online dashboard. The value of ChooseCBR Discounts redeemed will be paid by the Territory as per the payment terms specified in General clause 4.
ABN - Has the same meaning as it has in section 41 of the A New Tax System (Australian Business Number) Act 1999
ABR – the Australian Business Register is the storage of business and organisation details by the Australian Government.
ACN - Australian Company Number is a unique 9-digit code assigned to a company by the Australian Taxation Office (ATO).
ANZSIC: the Australian and New Zealand Standard Industrial Classification assigns a business to an industry based on its predominant activity as defined by the Australian Bureau of Statistics.
COVID-19: coronavirus disease 2019 caused by the novel coronavirus SARS-CoV-2.
COVID-19 Direction: a direction made by the ACT Chief Health Officer in connection with the public health emergency declared on 16 March 2020 in the Territory pursuant to the Public Health Act 1997 (ACT) in respect of the risks posed to the community of COVID-19.
ChooseCBR Dashboard: the home screen that a Merchant or Customer user is taken to after they log in.
ChooseCBR Discount: a subsidised digital discount voucher (in the form of an alpha numerical code) issued by the Territory for the Program.
Customer: any person (other than a Merchant) who has registered and is eligible to use the Program.
Merchant: any business operating within the ACT that has an approved registration for the Program.
OTP-SMS: a one-time passcode generated by short messaging service for Customers to receive on their mobile phones.
POS: a point of sale device or terminal used by Merchants to accept payments and carry out business transactions.
Program: the ChooseCBR digital discounts program.
Program Funds: the pool of funds made available by the Territory for the Program.
Terms and Conditions: the terms and conditions contained in this document including any schedules and any variations made from time to time.
Territory: the Australian Capital Territory, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth) represented by the Chief Minister, Treasury and Economic Development Directorate.
Transaction: the purchase of goods or services using a ChooseCBR Discount.
1.1 The ChooseCBR Discount values are in Australian dollars and do not include Goods and Services Tax (GST).
1.2 The ChooseCBR Discount is only valid up until the Program Funds are exhausted. When the Program Funds are exhausted, the Program will end, and any unused ChooseCBR Discounts will be void.
1.3 The availability of the Program Funds will be displayed on the Customer’s ChooseCBR Dashboard page. The Customer may check the ChooseCBR Dashboard to confirm that Program Funds are available prior to making any purchase.
1.4 The ChooseCBR Discount can be used to part-pay for goods or services
1.5 The following minimum amount per Transaction applies to the Program:
· use of $2.50 ChooseCBR Discount – a minimum spend of $10 (inclusive of ChooseCBR Discount value);
· use of $5 ChooseCBR Discount – a minimum spend of $20 (inclusive of ChooseCBR Discount value);
· use of $10 ChooseCBR Discount – a minimum spend of $40 (inclusive of ChooseCBR Discount value);
· use of $20 ChooseCBR Discount – a minimum spend of $80 (inclusive of ChooseCBR Discount value).
1.6 The ChooseCBR Discount must be presented by the Customer and redeemed by the Merchant at the time of Transaction.
1.7 The ChooseCBR Discount can only be redeemed at approved and listed participating businesses located within the Australian Capital Territory.
1.8 The ChooseCBR Discount cannot be used to pay for alcohol, tobacco or gambling products.
1.9 The ChooseCBR Discount cannot be used to pay for any illegal products or services.
1.10 The ChooseCBR Discount is considered redeemed when status of the ChooseCBR Discount code shows redeemed in the Customer’s, Merchant’s and Territory’s ChooseCBR Dashboard.
1.11 A ChooseCBR Discount has one-time use only. The full value of a ChooseCBR Discount must be applied to the relevant Transaction at time of redemption.
1.12 If any error occurs or redemption attempt fails, it needs to be reported immediately with supporting evidence (e.g. screenshots) to the ChooseCBR support team via email to chooseCBR@act.gov.au .
1.13 Only one ChooseCBR Discount may be used per Transaction.
1.14 A Customer may only use one ChooseCBR Discount for one Transaction per Merchant per day to support the stimulus objective of the Program.
1.15 All available ChooseCBR Discounts received by a Customer can be used daily if used at different Merchants.
· Example 1: on Monday, use a $5 discount at Merchant A, then use another discount at Merchant B.
· Example 2: on Monday, use a $5 discount at Merchant A. No other discount can be used at Merchant A on this day.
· Example 3: on Monday, use a $5 discount at Merchant A. On Tuesday, use another discount (of any value) at Merchant A.
1.16 At the POS, the Customer must pay the difference between the total goods and services purchased plus the appropriate GST less the value of the ChooseCBR Discount used.
E.g.: the total sale is $22 (Inclusive of $2 GST) – This will include the $5 ChooseCBR Discount and the $17 balance payment from the Customer.
1.17 The ChooseCBR Discounts are non-transferrable and non-refundable.
1.18 If the sum of money paid by a Customer to a Merchant for a Transaction is refunded for any reason, the Merchant must, as soon as practicable, notify the Territory that this has occurred.
1.19 The Territory reserves the right to change ChooseCBR Discount status to void when the Program Funds are exhausted; where there is suspected abuse of the Program by a Customer or Merchant; when an error occurs; or for any unforeseen circumstance.
1.20 The ChooseCBR Discount may only be used at a participating business that has a physical shop or store that is located within the Australian Capital Territory.
1.21 If any dispute arises regarding any of the Terms and Conditions, the decision of the Territory will be final and conclusive.
2.1 You must register through the ChooseCBR website and may be approved by the Territory as a participating Merchant to the Program.
2.2 By applying for registration, you agree to be bound by these Terms and Conditions.
2.3 You must have your own device (computer, smart phone or tablet) that can access the ChooseCBR Dashboard via a web browser to redeem ChooseCBR Discounts at the time of Transaction.
2.4 The bank account you nominate to receive reimbursements must be the same account into which the Commonwealth Government’s JobKeeper payments are made.
2.5 Without limiting any other remedies available to the Territory at law or in equity, the Territory reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your registration if:
- you breach any provision of these Terms and Conditions;
- the Territory is unable to verify or authenticate any information that you provide to us;
- the Territory believes that your actions may cause damage and/or legal liability to the Territory or any other person;
- the Territory, acting reasonably, determines in its absolute discretion that it is appropriate to do so.
2.6 You indemnify and hold harmless the Territory and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- your use of, or in connection to, the ChooseCBR Program website;
- your participation in the Program; or
- your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.
2.7 You are solely responsible for your interactions with the Customer and the Territory is not a party to any Transactions between you and any Customer. We reserve the right, but have no obligation to, monitor and take action regarding any disputes between you and the Customer.
2.8 To the maximum extent permitted by law, the Territory and its employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Program, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.
2.9 This Program is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Territory and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Program or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this Program will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this Program will meet your requirements or expectations;
- anything on this Program, or on any third-party website referred or linked to in this Program, is reliable, accurate, complete or up-to-date;
- the quality of any information or other material purchased or obtained through this Program will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this Program or the servers that make it available are free of viruses or other harmful components.
2.10 To the maximum extent permitted by law, the Territory and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Program by you or any other person.
2.11 You agree that your use of this Program is at your own discretion and risk. You agree to release the Territory and its employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from the Terms and Conditions or the use of the Program by you or any other person. The Territory may plead this release as a bar and complete defence to any claims or proceedings.
2.12 You agree that where required by a COVID-19 Direction, you will have a safety plan that meets the requirements for such a plan stipulated in the relevant COVID-19 Direction.
3.1 Eligible Businesses
To be eligible to participate in the Program, the Merchant must:
- be a GST-registered business with a valid ABN;
- not have an annual turnover in excess of $10 million;
- be a business that falls within one of the classifications set out in Schedule 1;
Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 1.0) will be utilised to assess the eligible sectors. Refer schedule 1.
- have been in receipt of JobKeeper payments at some point during 2020
- operate a physical shopfront within the Australian Capital Territory.
Only one Merchant may be registered for the Program against a single ABN.
The Merchant will be required to generate an invoice for the sale of goods and services. The GST must be calculated appropriately on the full value of the Transaction.
E.g.: The total sale is $22 (Inclusive of $2 GST) – This will include the $5 ChooseCBR Discount and the $17 balance payment from the Customer.
3.2. Businesses Not Eligible
Businesses not eligible:
- solely online businesses are not eligible; and
- home-based businesses may not be eligible.
4.1 The Merchant must input the ChooseCBR Discount alpha-numeric code and total sale value of the Transaction into their ChooseCBR Dashboard at the time of sale, for redemption. If the Merchant fails to do so, the Merchant will not be able to claim reimbursement of the ChooseCBR Discount.
4.2 The Merchant agrees to be audited by the Territory if required by presenting proof of Transaction showing the matching total sale value, ChooseCBR Discount value applied, and date of Transaction. The proof can be in the form of a POS report or tax invoice.
4.3 It is the Merchant's responsibility to train its staff on the Program and the redemption process.
5.1 The Territory will use its best endeavours to reimburse the Merchant within two weeks of the ChooseCBR Discount being redeemed in accordance with clause 1.10.
5.2 The Territory will produce an invoice which will be sent to the Merchant at time of payment.
5.3 Payments are processed by the Territory every Tuesday and Thursday.
5.4 It is the Merchant's responsibility to ensure that all supporting documents for each Transaction are available upon request.
6.1 The Territory will only collect and use information that is necessary to offer and improve this Program and for its internal reporting purposes.
6.2 The Territory will not disclose any information collected other than in accordance with the privacy notice for this Program.
6.3 It is the responsibly of the Merchant to ensure all information provided to the Territory in connection with the Program is accurate.
6.4 All personal information (as that term is defined in the Information Privacy Act 2014 (ACT)) is stored within Australian borders and will not be shared with third parties except for the use of this Program.
6.5 If you wish to learn more about the Territory’s approach to privacy please visit www.act.gov.au/privacy.
7.1 The Territory reserves the right to amend all Terms and Conditions relating to the Program and any other policy in relation to this Program at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Program will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Program.
8.1 These Terms and Conditions will be governed in all respects by the laws of the Australian Capital Territory. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and the courts of appeal from them.
16 Printing (including the Reproduction of Recorded Media)
161 Printing and Printing Support Services
1612 Printing Support Services
39 Motor Vehicle and Motor Vehicle Parts Retailing
392 Motor Vehicle Parts and Tyre Retailing
3921 Motor Vehicle Parts Retailing
3922 Tyre Retailing
41 Food Retailing
411 Supermarket and Grocery Stores
4110 Supermarket and Grocery Stores
412 Specialised Food Retailing
4121 Fresh Meat, Fish and Poultry Retailing
4122 Fruit and Vegetable Retailing
4129 Other Specialised Food Retailing
42 Other Store-Based Retailing
421 Furniture, Floor Coverings, Houseware and Textile Goods Retailing
4211 Furniture Retailing
4212 Floor Coverings Retailing
4213 Houseware Retailing
422 Electrical and Electronic Goods Retailing
4221 Electrical, Electronic and Gas Appliance Retailing
4222 Computer and Computer Peripheral Retailing
4229 Other Electrical and Electronic Goods Retailing
423 Hardware, Building and Garden Supplies Retailing
4231 Hardware and Building Supplies Retailing
4232 Garden Supplies Retailing
424 Recreational Goods Retailing
4241 Sport and Camping Equipment Retailing
4242 Entertainment Media Retailing
4243 Toy and Game Retailing
4244 Newspaper and Book Retailing
4245 Marine Equipment Retailing
425 Clothing, Footwear and Personal Accessory Retailing
4251 Clothing Retailing
4252 Footwear Retailing
4253 Watch and Jewellery Retailing
4259 Other Personal Accessory Retailing
427 Pharmaceutical and Other Store-Based Retailing
4271 Pharmaceutical, Cosmetic and Toiletry Goods Retailing
4272 Stationery Goods Retailing
4273 Antique and Used Goods Retailing
4274 Flower Retailing
4279 Other Store-Based Retailing n.e.c.
ACCOMMODATION AND FOOD SERVICES
45 Food and Beverage Services
451 Cafes, Restaurants and Takeaway Food Services
4511 Cafes and Restaurants
4512 Takeaway Food Services
4513 Catering Services
452 Pubs, Taverns and Bars
4520 Pubs, Taverns and Bars
453 Clubs (Hospitality)
4530 Clubs (Hospitality)
ADMINISTRATIVE AND SUPPORT SERVICES
722 Travel Agency and Tour Arrangement Services
7220 Travel Agency and Tour Arrangement Services
ARTS AND RECREATION SERVICES
89 Heritage Activities
891 Museum Operation
8910 Museum Operation
892 Parks and Gardens Operations
8921 Zoological and Botanical Gardens Operation
8922 Nature Reserves and Conservation Parks Operation 90 Creative and Performing Arts Activities
900 Creative and Performing Arts Activities
9001 Performing Arts Operation
9002 Creative Artists, Musicians, Writers and Performers
9003 Performing Arts Venue Operation
91 Sports and Recreation Activities
913 Amusement and Other Recreation Activities
9131 Amusement Parks and Centres Operation
9139 Amusement and Other Recreational Activities n.e.c.
95 Personal and Other Services
951 Personal Care Services
9511 Hairdressing and Beauty Services
953 Other Personal Services
9531 Laundry and Dry-Cleaning Services