Telstra Plus Market Terms and Conditions
BUSINESS
- Overview
Telstra Plus Market is not available for new Telstra business customers to join from 29 May 2023. Existing Telstra Plus Market business customers who have joined before 29 May 2023 can continue to use the service until the product is discontinued from 7 September 2023 . Telstra Plus Market is Telstra Corporation Ltd’s (Telstra) online platform that connects our business customers, who are Telstra Plus business members, with our Telstra Plus members. It enables our Telstra Plus members to earn Telstra Plus points when they take up offers from our participating Telstra Plus business members that are advertised on the Telstra Plus Market.
To be involved in the Telstra Plus Market, you must agree to the terms and conditions, and meet the eligibility criteria, as set out below. Our Privacy Statement and the Our Customer Terms Small Business General Terms will also apply to your involvement in the Telstra Plus Market. To the extent of any inconsistency between the Small Business General terms and these terms, these terms will prevail.
- What is Telstra Plus Market?
Telstra Plus Market is designed to connect our Telstra Plus members, with businesses like yours. Our Telstra Plus members who join will be able to see your business and your offers via the Telstra Plus Market section in the MyTelstra app. You will administer, manage and see the performance of your offers via the Telstra Plus Market Business Portal (Business Portal). The Business Portal is managed by our partner, Loyalty Now.
Telstra Plus Market will contain offers from businesses like yourself, with Telstra Plus points allocated to each offer (Offer), which will be awarded to the customer once they have paid for the product or service from the business. The business supplies the product or service directly to the Telstra Plus member, and payment by the Telstra Plus member for the product or service is made directly to the business in all circumstances. The Telstra Plus points will be awarded/issued to the Telstra Plus member directly from Telstra.
Telstra Plus Market requires you to create and manage an account in the Business Portal, upload mandatory information about your business like the name, description, ABN/ACN, contact details, billing details, your retail address (if you have one), some business images and to create Offers. The Business Portal will allow you to track and manage the performance of your Offers.
- Your Data – Collection, Storage and Use
As part of Telstra Plus Market, we will ask you for certain personal and business information, including (but not limited to) your business name, ABN/ACN, Merchant ID (MID), business address, contact information, billing details, website information and images of your products/services. Some of this information may be required and some will be optional – we will make it clear to you where this is the case. Some of the information we will ask for, you may have already provided to us previously when taking up Telstra services; the reason why we will be asking you for these details again is to share this information with our partner Loyalty Now (who is managing the Business Portal and collecting any payments required from business customers for the Telstra Plus Market via direct debit agreements, on behalf of Telstra) for the purposes of assisting us to run the Telstra Plus Market program. Your IP address, geo-location information and web browser fingerprint will be collected as part of a digital signature or digital acceptance process.
We will use information you provide to us about your business and Offers, to customise the way we rank the Offers and show them to customers (based on customer interests and data preferences as available).
We will also use any images that you use (in connection with your Offers and Offer tiles on the Telstra Plus Market) in Telstra’s own advertising of the Telstra Plus Market.
Your information will be stored in accordance with our Privacy Policy, and will only be shared with third parties in order to assist us to run the Telstra Plus Market program. - Merchant ID and sharing with payment platforms
By creating your profile on the Business Portal, and providing or authorising us to find your Merchant ID, you authorise Telstra and Loyalty Now to share your business name and Merchant ID with Mastercard, Visa, and EFTPOS Australia (as applicable) so they:
- know you have enrolled in Telstra Plus Market; and
- can monitor transactions against your Merchant ID to identify the eligible purchases for Offers your customers have redeemed.
As part of the process to locate and verify your Merchant ID, you will be required to perform a transaction on each of your eligible payment terminals/gateways. The details on how to do this will be included in your profile creation in the Business Portal. It can take up to 10 business days to link your Merchant ID, but we will let you know when this process has been completed.
If at any point you change your banking provider, physical terminal or payment gateways, you are required to give us 10 business days’ notice of this change, in order for us to perform a transaction on these new terminals/payment gateways and keep your Merchant ID linking up to date.
- Provision of Products and Services and Offer Creation
You as a participating business agree and acknowledge that:
- Telstra’s role in Telstra Plus Market is to operate the overall program and to load the Telstra Plus points directly on to a customer’s Telstra Plus account, that you have allocated to an Offer, once the customer has taken up and paid for an eligible Offer.
- You as the business who has advertised Offers via Telstra Plus Market are responsible for the fulfillment of any product and/or service in connection with that Offer in a manner reasonably expected. Telstra is not responsible for quality, fulfilment or delivery timeframes of any product and/or service in connection with an Offer that you have listed.
- Information that you post on Telstra Plus Market is:
- true and correct;
- does not infringe the intellectual property rights of any person;
- complies with all relevant laws; and
- is not misleading or deceptive, or likely to mislead or deceive.
- For each Offer that you create you must ensure that:
- If the Offer has an end date/s, these are included and can be easily read by a customer;
- If an Offer is only available online or instore (as opposed to both) this is made clear in the Offer; and
- There are no conditions apart from expiry date, and specific sales channel, that attach to any of your Offers.
- you haven’t exceeded your allocated credit limit (see clause 8 below);
- you only have a maximum of one fixed Offer and one variable Offer at any one time on the Telstra Plus Market (see below for explanation of Offer types);
- the imagery you have included in your Offer is not offensive or inappropriate;
- you are not selling items/services that Telstra also sells;
- you continue to meet the eligibility criteria for the Telstra Plus Market (see clause 2 above); and
- the number of Telstra Plus points that you allocate to your Offer is not too high or too low (we will give you guidelines for Offer creation to assist you with this).
Offer Approval
Each Offer must go through an approval process with Telstra, before it is live in the Business Portal and published on Telstra Plus Market. Telstra has ultimate discretion as to whether to approve each Offer. When deciding whether to approve an Offer, Telstra will take into account any factors it reasonably considers to be relevant, which may include confirmation that:
When creating an Offer you will choose between a fixed points Offer or a variable points Offer. A fixed points Offer is designed to incentivise your customers to spend a higher amount e.g. spend $100 or more and get 1000 Telstra Plus points.
A variable points offer is designed to reward your customers for every dollar they spend at your business e.g. get 10 Telstra Plus points for every dollar you spend.
It can take up to 72 hours for us to review and approve your Offer, and we will notify you in writing when your Offer has been approved or rejected. If we reject your Offer, we will provide you with the reason(s) for this.
Offer removal
Once an Offer is removed it can take up to 5 hours for the offer to be removed from the Telstra Plus Market program. If a customer makes a purchase during this time, you must honour it and will still be liable for the points on any successful transactions that occur.
Customer disputes
If you have a dispute with a customer in relation to a product or service you have provided, you need to resolve this with the customer directly. If the matter can’t be resolved, we would also like you to contact us about it, because even though we are not the supplier of the product or service and will not be able to facilitate a resolution with the customer in relation to your products and services, it is important for us to keep across any issues related to Telstra Plus Market. You can contact us at 1300 219 170.
Direct Debit Authorisation
It is a condition of joining the Telstra Plus Market that all payments by you to us are made via direct debit to PBC Nominees Pty Ltd trading as Loyalty Now (Loyalty Now). You will be direct debited by Loyalty Now on behalf of Telstra in relation to any payments required by you for the Telstra Plus Market. As part of the sign up process for Telstra Plus Market, you will be required to complete a Direct Debit Request and accept the Loyalty Now Direct Debit Request Service Agreement.
Billing and credit assessment
Charging
You will be charged $0.005 for each Telstra Plus point that is awarded to Telstra Plus members in connection with taking up any of your eligible Offers. The amount that you pay for each Telstra Plus point is separate and unrelated to any redemption ratio in the Telstra Plus Rewards Store.
Credit assessment
- When you sign up to Telstra Plus Market or login to your Telstra Plus Market account/s, your Telstra account will be checked for any fraud, collections or credit management activity.
- In addition, Telstra will check the status of your Telstra account/s on a weekly basis (for fraud, credit management activity or collections) and share that information with Loyalty Now so that Loyalty Now is aware if a business’ status has changed. If your Telstra account is shown to have fraud, credit management activity or be in collections, and:
- you attempt to access Telstra Plus Market for the first time, you will be prevented from accessing the Business Portal; or
- if you have already signed up to Telstra Plus Market then your Telstra Plus Market account will be placed in a suspended state and your Offer/s (if any) will be removed from the Telstra Plus Market. You will be required to contact support to fix this.
- In addition to steps outlined above, if your Telstra account is shown to have fraud , credit management activity or collections, your Telstra services (outside of Telstra Plus Market) will be managed in accordance with Our Customer Terms Small Business General Terms found at small-business-general.pdf (telstra.com.au)
- Businesses whose Telstra accounts are clear of any fraud, credit management or collections activity have a monthly $250 credit limit for Telstra Plus Market and will be sent a monthly invoice. If your Telstra account has any of these flags at any point in time (fraud, collections or credit management activity), your Telstra Plus Market credit limit will be reduced to $0, and as noted above, you will either be prevented from accessing the Business Portal or you will be placed in a suspended state and your Offer/s (if any) will be removed from the Telstra Plus Market.
- If you want to increase this Telstra Plus Market credit limit, you will be required to contact support and it will be at Telstra’s discretion as to whether the limit can be increased and by how much. At no point, will a credit limit be allowed to exceed $4,999.
- Payment terms and invoicing
- You will be invoiced on a monthly billing cycle if you have outstanding charges due. Invoices will be sent on day 1 of the month where you will then have 10 days of notice to review. On day 10 the direct debit will occur and funds will be debited from your account by Loyalty Now.
- Your monthly invoice will include your invoice period, invoice issue date, the number of points you awarded in your billing period, and the total amount payable for the invoice period.
- Non payment of bills
- If the direct debit fails then you will be notified of non payment by Loyalty Now and asked to correct the details of the direct debit. If your direct debit fails three consecutive times your Telstra account will be placed in a collections status and in a suspended state until payment is received]. If your Telstra account is in a suspended state you can only view the Business Portal and your Offer/s will be removed from Telstra Plus Market until the suspended state is lifted. This suspended state will be lifted when your account is no longer in collections.
- n addition to steps outlined above, if your Telstra account is placed in a collections status, your Telstra services (outside of Telstra Plus Market) will be managed in accordance with Our Customer Terms Small Business General Terms found at small-business-general.pdf (telstra.com.au)
- Changes and exiting Telstra Plus Market
If you no longer want to be involved in Telstra Plus Market and want to have your account deleted, you will need to contact Telstra support on 1300 219 170. You will need to pay for any Telstra Plus Points earned by your customers before the date that you exit the Telstra Plus Market program. Your final payment will be via direct debit by Loyalty Now on behalf of Telstra.
We may cancel or suspend the Telstra Plus Market program, or change the Telstra Plus Market program or these terms. We will give you 30 days notice of program cancellation, and as much notice as practicable of any program suspension. If we reasonably consider that a change to the Telstra Plus Market program or these terms has a detrimental impact on you, we will give you 30 days notice of the change. If we reasonably consider that a change to the Telstra Plus Market program or these terms is likely to benefit you or have a neutral impact on you, then we can make the change immediately without telling you.
If you do something which is contrary to these terms and conditions, that breaches any other laws or that we determine is either abusive, fraudulent or not in the spirit of the program, or become ineligible to participate, then we may suspend or end your involvement in Telstra Plus Market. Where this occurs, we will notify you after we have taken the necessary actions to suspend or end your involvement with Telstra Plus Market.
If there is a change of ownership performed on any of your Telstra services, your Telstra Plus Market account will be cancelled automatically upon the change of ownership occurring. This will mean that if the new account owner would like a Telstra Plus Market account, they will be required to set up a new one.
- Consumer Guarantees
If the Competition and Consumer Act 2010 (Cth) states that there is a guarantee in relation to our supply of services to you (being the supply of the Telstra Plus Market Business Portal to Telstra Plus business customers ) in connection with this document (including the consumer guarantees under the Australian Consumer Law), and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election) us supplying the services again or paying the cost of having the services supplied again.
Otherwise, nothing in these terms excludes, limits or modifies your rights under the consumer guarantees under the Australian Consumer Law.
- Intellectual Property Rights
All intellectual property rights related to Telstra Plus Market, belong to us or our licensors.
- Governing Law
Even if you don’t live in Victoria, these terms and conditions are governed by the laws of the State of Victoria, Australia.
DIRECT DEBIT REQUEST SERVICE AGREEMENT
PBC Nominees Pty Ltd trading as Loyalty Now
ABN 68 146 885 930
This is your Direct Debit Request Service Agreement with PBC Nominees Pty Ltd trading as Loyalty Now (“Debit User”) 512 536 on behalf of Telstra in relation to any payments required by you for the Telstra Plus Market. It explains what your obligations are when undertaking a Direct Debit arrangement with the Debit User. It also details what the Debit User’s obligations are to you as your direct debit provider. Please keep this Agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request and should be read in conjunction with the authorisations you provided to the Debit User in the Direct Debit Request.
- Definitions
Account means the account held at Your Financial Institution from which Debit User is authorised to arrange for funds to be debited (which will decrease the available balance in the account); Agreement means this Direct Debit Request Service Agreement between you and Debit User; Business Day means a day other than a Saturday or Sunday or a national public holiday; Debit Day means the day that you have authorised Debit User to arrange for funds to be debited from your Account (which will decrease the available balance in your Account); Debit Payment means a particular transaction where a debit is made; Debit User means PBC Nominees Pty Ltd trading as Loyalty Now; Direct Debit refers to the process whereby you provide Debit User with the Direct Debit Request which authorises Debit User to arrange for funds to be debited from an account held with Your Financial Institution (which will reduce the available balance in that account); Direct Debit Request means the Direct Debit Request between you and Debit User (including a request made when you sign up to the Telstra Plus Market); Merchant Application means the Telstra Plus Market business terms and conditions) entered into between you and Telstra, Telstra means Telstra Corporation Ltd Us/We means the Debit User; Your Financial Institution is the financial institution nominated by you on the Direct Debit Request at which your Account is maintained.
- Debiting your Account
Upon entering your bank account details for Billing in the Direct Debit Request and clicking on ‘Save and submit’, or providing Debit User with a valid instruction, you agree to the terms of this Direct Debit Request Service Agreement and authorise Debit User to arrange for funds to be debited from your Account (which will reduce the available balance in your Account). You should refer to this Direct Debit Request Service Agreement and the Merchant Application for the terms of the Direct Debit arrangement. We will only arrange for funds to be debited from your Account (which will reduce the available balance in your Account) as authorised in the Direct Debit Request and the Merchant Application. If the Debit Day falls on a day that is not a Business Day, we may direct Your Financial Institution to debit your Account on the following Business Day. If you are unsure about which day your Account has or will be debited, you should ask Your Financial Institution.
- Changes
If you wish to change or defer a Debit Payment or terminate this Agreement, you must notify Telstra at least fourteen (14) Business Days before the next Debit Day. This notice should be emailed to merchantsupport@telstraplusmarket.com.au. Alternatively, you may arrange it through Your Financial Institution, which is required to act promptly on your instructions. Debit User may vary any details of this Agreement or a Direct Debit Request at any time by giving you at least thirty (30) days written notice.
- Your obligations
It is your responsibility to ensure that there are sufficient clear funds available in your Account to allow a Debit Payment to be made in accordance with this Direct Debit Request Agreement and the Merchant Application. If there are insufficient funds in your Account to meet a Debit Payment: you may be charged a fee and/or interest in accordance with the Merchant Application and/or any fees or interest imposed by your Financial Intuition. and you must arrange for the Debit Payment to be made by another method or arrange for sufficient cleared funds to be in your Account by an agreed time so that Debit User can process the Debit Payment. If a Debit Payment fails three consecutive times, Telstra will place your Telstra Plus Market account in a collections status and in suspended state, until payment is received. You should check your account statement to verify that the amounts debited from your Account are correct.
- Disputes
If you believe that there has been an error in debiting your Account (which has resulted in your available balance in your Account being reduced), you should email merchantsupport@telstraplusmarket.com.au.
If Telstra concludes, as a result of its investigations, that your Account has been incorrectly debited (which has resulted in your available balance in your Account being reduced) Telstra will respond to your query by arranging for Your Financial Institution to adjust your account (including interest and charges) which will result in your available balance in your Account being increased by the sum of the error.
If Telstra concludes as a result of its investigations that your Account has not been incorrectly debited, Debit User will respond to your query by providing you with reasons and any evidence for this finding in writing.
If Telstra cannot resolve the matter or you are not satisfied with Telstra’s proposed resolution, you can still refer it to Your Financial Institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
- Accounts
You should check: with Your Financial Institution whether direct debiting is available from your Account as direct debiting is not available on all accounts offered by financial institutions; your Account details which you have provided to Debit User are correct by checking them against a recent account statement; and with Your Financial Institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
- Confidentiality
Debit User will keep any information (including your Account details) in your Direct Debit Request confidential. The Debit User will make reasonable efforts to keep any such information that Debit User has about you secure and to ensure that any of Debit User’s employees or agents who have access to information about you do not make any unauthorised use, modification reproduction or disclosure of that information. Debit User will only disclose information that it has about you: to the extent specifically required by law; or for the purposes of this Agreement (including disclosing information in connection with any query or claim). Debit User may provide a copy of the Direct Debit Request to another financial institution in the event any payment that is made in accordance with the Direct Debit Request is disputed.
- Notice
If you wish to notify Telstra in writing about anything relating to this Agreement you should email merchantsupport@telstraplusmarket.com.au. If Telstra or the Debit User need to send you a notice in writing, that is required to be sent by ordinary post, we will request that you nominate a physical address for the notice to be sent to. Any notice will be deemed to have been received two Business Days after it is posted. Any other notices will be sent by email to the email address nominated in your Direct Debit Request.