Business Terms

1. By registering for and participating in the Program, the Business acknowledges that it has read, understood and agreed to these Terms and Conditions.
2. All discount values are expressed in Australian dollars.
3. Program funding is limited. Discount availability, replenishment and redemption are subject to sufficient Program funding remaining available. Any unused discounts may become unavailable once Program funding has been exhausted. Current funding availability is displayed within the Portal.
4. Council makes no representation that Program funding will remain available for any minimum period.
5. Council may suspend, void, reverse, cancel or refuse any discount, account, redemption, payment or benefit where it reasonably suspects fraud, attempted fraud, collusion, duplicate registrations, misuse of Program funds or any activity that undermines the integrity of the Program.
6. Council reserves the right to modify, suspend, pause, extend or terminate the Program, in whole or in part, at any time and without liability.
7. Discounts may be used towards eligible goods or services in accordance with the Program Settings.
8. The Program may be limited to a specific geographic area determined by Council. The current Program Area will be published through the Portal and may be amended by Council from time to time.
9. The Portal is the authoritative source of Program Settings, including eligible Businesses, Program Area, funding availability, discount availability and redemption status.
10. Where there is any inconsistency between these Terms and Conditions and Program communications, the Program Settings published in the Portal will prevail with respect to operational Program rules.
11. Council may determine and amend Program Settings from time to time. Current Program Settings are published in the Portal and form part of the Program rules.
12. Council does not guarantee that discounts will be available at any particular time and availability may vary depending on Program Settings and remaining Program funding.
13. Minimum spend requirements may apply to the redemption of discounts and will be published as part of the Program Settings.
14. The myDarwin discount must be presented by the Customer and redeemed by the Business at the time of Transaction.
15. myDarwin discounts may only be redeemed with approved participating Businesses located within the current Program Area.
16. The myDarwin discount cannot be used for any Transaction that includes alcohol, tobacco or gambling.
17. The myDarwin discount cannot be used to pay for any illegal products or services.
18. The myDarwin discount is considered redeemed when status of the discount code shows redeemed in the Customers, Business’s and Council’s myDarwin interface. 
19. Each discount code may only be redeemed once. Where Program Settings provide for replenishment, a replacement discount may subsequently become available.
20. If any error occurs or redemption attempt fails, it needs to be reported immediately with supporting evidence (e.g. screenshots) through the support channels published in the Portal.
21. Redemption rules and limits may apply and will be specified in the Program Settings.
22. At the point of sale, the Customer must pay the difference between the total goods and services purchased plus the appropriate GST less the value of the voucher.
23. The myDarwin discounts are non-transferrable and non-refundable.
24. Council reserves the right to change myDarwin discount status to void when budget Program is reached; where there is suspected abuse of the Program by a Customer or Business; when an error occurs; or for any unforeseen circumstance.
25. Council reserves the right, in its sole discretion, to modify, change or withdraw all or any of the Terms and Conditions, herein contained, applicable to the myDarwin Program at any time without notice to the Business or Customer.
26. If any dispute arises regarding any of the Terms and Conditions contained herein, the decision of Council shall be final and conclusive.
27. Council may verify Customer and Business eligibility, account information, transactions, redemptions and discount usage at any time to ensure compliance with the Program.

1. You must register through the myDarwin website and may be approved by Council as a participating Business to the Program.
2. By applying for registration, you agree to be bound by the Terms and Conditions.
3. Businesses must participate in the Program honestly, fairly and in accordance with the Program Settings and must not engage in conduct that may distort, manipulate or undermine the objectives of the Program.
4. Participating Businesses must display any promotional materials supplied by City of Darwin, including program stickers or signage, in a prominent location visible to customers for the duration of their participation in the program. Failure to display required promotional materials may affect continued participation in the program.
5. You must have your own device (computer, smart phone or tablet) that can access the myDarwin portal via a web browser to redeem myDarwin discounts at the time of Transaction.
6. Without limiting any other remedies available to Council at law or in equity, Council reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your registration if:
   • you breach any provision of the Terms and Conditions;
   • Council is unable to verify or authenticate any information that you provide to us; or
   • Council believes that your actions may cause damage and/or legal liability to Council or any other person.
7. You indemnify and hold harmless Council 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 connection to, this site; or
   • your negligence or misconduct, breach of the Terms and Conditions or violation of any law or the rights of any person.
8. To the maximum extent permitted by law, Council 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 business ability, fitness for a particular purpose or non-infringement.
9. This Program is provided strictly on an "as is" basis. To the maximum extent permitted by law, Council 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 this 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.
10. To the maximum extent permitted by law, Council 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, the Terms and Conditions or the use of this Program by you or any other person.
11. You agree that your use of this Program is at your own discretion and risk. You agree to release Council 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 this Program by you or any other person. Council may plead this release as a bar and complete defence to any claims or proceedings.
12. Businesses must comply with all applicable privacy laws, including the Information Act 2002 (NT) and Privacy Act 1988 (Cth), when collecting, handling or storing personal information obtained through participation in the Program. Businesses must not collect, store or use customer information obtained through the Program for marketing purposes unless the customer has provided any consent required by law.
13. Businesses must take reasonable steps to protect Portal login credentials, ensure credentials are not shared outside authorised staff, and immediately notify Council of any suspected unauthorised access, credential compromise or cyber security incident which may impact the Program.
14. Businesses must not:
    • process fictitious transactions
    • split transactions to circumvent Program limits
    • redeem discounts on behalf of customers who have not made a legitimate purchase
    • redeem discounts for themselves, related entities or employees except as expressly permitted by the Program Settings
    • collude with customers to obtain Program benefits improperly
    • or engage in any other conduct Council reasonably considers fraudulent or intended to improperly obtain Program benefits.
15. Businesses are solely responsible for determining and complying with their taxation obligations, including GST, payroll tax, income tax and any other applicable taxation requirements arising from participation in the Program.
16. Businesses remain solely responsible for compliance with all applicable consumer protection laws, including refunds, warranties, exchanges and consumer guarantees relating to goods and services supplied to customers.
17. Businesses must not offer gifts, benefits, incentives or inducements to Council employees, contractors or representatives in connection with participation in the Program.
18. Businesses must disclose any actual, potential or perceived conflict of interest that may affect their participation in the Program.
19. Without limiting any other remedies available to Council, Council may suspend, restrict or terminate a Business's registration or participation in the Program where:
    • the Business breaches these Terms and Conditions;
    • Council is unable to verify information provided by the Business;
    • the Business provides false information;
    • the Business engages in fraud or misuse of the Program;
    • the Business ceases trading;
    • the Business becomes the subject of regulatory action relevant to the Program;
    • the Business is convicted of an offence relevant to its participation in the Program; or
    • Council reasonably believes the Business's actions may damage the integrity, reputation or operation of the Program.
20. Council's determination regarding eligibility, reimbursement, Program Settings and participation is final and binding except where required otherwise by law.
21. Council retains ownership of all Program branding, logos, promotional materials and intellectual property. Businesses may only use Program branding in accordance with Council directions and must cease use immediately upon request.
22. Businesses must comply with all applicable anti-discrimination, equal opportunity and accessibility laws.
23. Businesses acknowledge that transaction and participation data may be collected, analysed and reported by Council for economic development, program evaluation, auditing, fraud prevention and reporting purposes.

Eligibilities

To be eligible, a Business must:

• hold all registrations, licences and approvals required to operate its business;
• must maintain all insurance policies reasonably required for the operation of their business, including public liability insurance and any insurance required by law;
• satisfy the eligibility requirements specified in the current Program Settings;
• provide any information reasonably requested by Council to assess eligibility;
• comply with these Terms and Conditions and applicable Program Settings;
• and maintain accurate business information within the Portal.
• Eligible business categories may be determined by Council and published through the Program Settings.
• Additional eligibility requirements may be specified in the Program Settings from time to time.

Not Eligible

Business categories and location of businesses that are excluded from participation may be specified in the Program Settings.

1. The Business must enter the applicable discount code and transaction details through the Portal in accordance with the Program Settings.
2. Council may verify any redemption before approving reimbursement, incentives or other Program benefits.
3. Business must validate the myDarwin discount through the Portal in accordance with the Program Settings.
4. The myDarwin discount is considered redeemed when recorded in the Customer, Business and Council's myDarwin interface.
5. Business agrees to be audited by Council if required by presenting proof of Transaction showing the matching total sale value, myDarwin discount value applied and date of Transaction. The proof can be in the form of POS report or tax invoice.
6. It is the Business's responsibility to train their staff on the Program and the redemption process.

Where a refund is provided for a transaction involving a myDarwin Discount, the Business must only refund the amount paid by the Customer. The value of any myDarwin Discount must not be refunded in cash.

Council may adjust, recover or offset any reimbursement associated with refunded, cancelled, invalid or fraudulent transactions.

1. Council may reimburse Businesses for valid redemptions accepted through the Program.
2. Payment arrangements, supporting documentation requirements, submission processes, payment frequency and payment methods may be determined by Council and published through Program communications or the Portal.
3. Council may require additional information before processing a payment.
4. Council may recover or offset any overpayment, duplicate payment or payment made in error.
5. Council may withhold, reduce, suspend or refuse payment where:
   • a redemption is under review;
   • supporting information is incomplete;
   • fraud or misuse is suspected;
   • the Business has breached these Terms and Conditions; or
   • Program funding is unavailable.
6. Participation in the Program does not guarantee any minimum reimbursement amount.

1. Council may audit Business participation in the Program at any time.
2. Businesses must retain records reasonably required to verify transactions, redemptions and claims made through the Program for a minimum period of seven (7) years.
3. Council may request supporting documentation, including invoices, receipts, transaction records and other information reasonably required to verify compliance.
4. Failure to provide requested documentation may result in suspension, termination or refusal of payment.

1. Council will only collect and use information that is necessary to offer and improve this Program.
2. It is the responsibility of the Business to ensure all information provided is accurate.
3. All personal data is stored within Australian borders and will not be shared with third parties except for the use of this Program. 

For more details the City of Darwin’s approach to privacy please visit https://www.darwin.nt.gov.au/council/governance-strategy/governance/our-approach-to-privacy

1. Council reserves the right to amend the Terms and Conditions 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.
2. You may only vary or amend these Terms and Conditions by written agreement with Council.

These Terms and Conditions will be governed in all respects by the laws of the Northern Territory of Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Northern Territory and the courts of appeal from them.