Merchant Terms & Conditions
Merchant Terms and Conditions
By clicking the ‘Register’ button you agree to the Merchant Terms and Conditions as outlined below.
Definitions
In these Merchant Terms and Conditions, the following words are defined and have a specific meaning:
o ‘Confidential Information’ means any information that is not publicly known or readily available to the public;
o ‘Local Rain Check’, ‘we', 'us' and 'our' are a reference to Mackbron Pty Limited trading as Local Rain Check;
o 'Merchant' means any participating retail store, hospitality provider or other service provider that we act as agent for and provide the System to;
o 'Merchant Goods' means any merchandise offered for sale by a Merchant;
o 'Merchant Services' means any services that are offered for sale by a Merchant;
o ‘Opticard’ means an international company that provides secure electronic payment processing services;
o ‘Processing Fee’ means the fees charged to us as defined in the Fee Schedule below, and passed on to you;
o ‘System’ means the services to be provided by Local Rain Check for the processing of Rain Checks;
o 'the Rain Check’ and ‘Rain Checks’ mean the voucher or vouchers supplied by us for use by customers to redeem for Merchant Goods and/or Merchant Services;
o 'You' and 'your' are a reference to you as the Merchant.
Operation of Local Rain Check
1. This System has been set up to help Merchants during the period of the Covid-19 virus. The purpose of the System is to help Merchants sell Rain Checks, which can be redeemed in the future for any Merchant Goods and/or Merchant Services they ordinarily sell.
2. We act as agent for, and provide a not-for-profit service to, you as a Merchant. We issue Rain Checks and collect payment on behalf of Merchants.
3. Rain Checks can be purchased by any member of the general public (‘Purchaser’)
4. All funds received by us from a Purchaser, less the applicable Processing Fee as outlined in the Fee Schedule below, are passed on by us to Merchants as soon as the funds have cleared.
5. We provide the System.
6. You are the seller of the Rain Check and are solely responsible for providing the Merchant Goods and/or Merchant Services to the Purchaser when the Rain Check is redeemed.
Terms of Business
7. You agree that we have the exclusive right to administer, maintain, repair and service the System.
8. You agree that you will not engage or solicit a third party for the administration, maintenance, repair or service of the System.
9. You will exercise reasonable care to protect our Confidential Information. Reasonable care means at least the level of care that you would reasonably use to protect your own Confidential Information. Some of our Confidential Information may also be protected as trade secrets.
10. We will exercise reasonable care to protect your Confidential Information.
11. If you decide to stop advertising via this website (www.localraincheck.com.au) you will still be obligated by law to honour any Rain Checks already purchased, subject to these Merchant Terms and Conditions.
12. Rain Checks are valid for three (3) years from date of purchase.
13. We will at all times ensure that the System complies with industry codes.
14. We will use all reasonable efforts to ensure that no virus is coded into or introduced to the System. In the event a virus is found to have been introduced to the System, we will use all reasonable efforts to reduce the effects of the virus within reasonable time frame.
15. We may remove you from the System and from this website without notice if you violate any of these Merchant Terms and Conditions.
16. Any dispute in connection with these Merchant Terms and Conditions will be submitted to arbitration in accordance with Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia.
17. These Merchant Terms and Conditions shall be governed by the relevant Federal and State Law, dependant on the jurisdiction in which the Merchant is located.
Purchase of Rain Checks
Purchasers also have obligations when they purchase a Rain Check. Our Purchaser Terms and Conditions can be found here.
Fee Schedule
I. Local Rain Check does not receive any payment for provision or operation of the System.
II. At the time of purchase, the Rain Check attracts a Processing Fee which we will pass on to you.
III. The Processing Fee is comprised of:
a. Transaction fees as rendered to us by PayPal and or the credit card transaction processor, which are subject to change; and
b. A one-time Opticard voucher issuance fee which is subject to change. The rate charged by Opticard for voucher issuance as at 26 April 2020 is USD0.35.
IV. We will transfer the net amount of the purchase, after deduction of the Processing Fee, to your nominated account. We will affect this transfer by the end of the business day following the day of fund receipt. The timing in which these funds will be received into your account will be dependent on your financial institution.
V. In accordance with the terms and conditions of your PayPal account, you may incur additional fees at the discretion of PayPal.