Customer Terms

1. By registering for the Program, you consent to Council collecting, using and storing your personal information for the purposes of administering the Program, verifying eligibility, preventing fraud, evaluating Program outcomes, reporting on economic activity and complying with legal obligations.
2. You acknowledge that de-identified transactional and participation data may be analysed and reported by Council for economic development, program evaluation, auditing, fraud prevention and service improvement purposes.
3. By registering for the Program, you consent to receiving service-related communications by email, SMS or other electronic means necessary for Program administration.
4. All discount values are expressed in Australian dollars.
5. Council does not guarantee continuous availability of the Portal and may undertake maintenance, upgrades or service interruptions from time to time.
6. 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.
7. Council makes no representation that Program funding will remain available for any minimum period.
8. Customers are responsible for any loss or damage suffered by City of Darwin arising from the Customer's fraudulent activity, deliberate misuse of the Program or material breach of these Terms and Conditions.
9. Council reserves the right to modify, suspend, pause, extend or terminate the Program, in whole or in part, at any time and without liability.
10. Discounts may be used towards eligible goods or services in accordance with the Program Settings.
11. 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.
12. The Portal is the authoritative source of Program Settings, including eligible Businesses, Program Area, funding availability, discount availability and redemption status.
13. 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.
14. 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.
15. 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.
16. Minimum spend requirements may apply to the redemption of discounts and will be published as part of the Program Settings.
17. The myDarwin discount must be presented by the Customer and redeemed by the Business at the time of Transaction.
18. myDarwin discounts may only be redeemed with approved participating Businesses located within the current Program Area.
19. The myDarwin discount cannot be used for any Transaction that includes alcohol, tobacco or gambling.
20. The myDarwin discount cannot be used to pay for any illegal products or services.
21. The myDarwin discount is considered redeemed when status of the discount code shows redeemed in the Customers, Business’s and Council’s myDarwin interface. 
22. Each discount code may only be redeemed once. Where Program Settings provide for replenishment, a replacement discount may subsequently become available.
23. 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.
24. Redemption rules and limits may apply and will be specified in the Program Settings.
25. 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.
26. The myDarwin discounts are non-transferrable and non-refundable.
27. 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.
28. 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.
29. Council will determine disputes relating to Program administration acting reasonably and in accordance with these Terms and Conditions.
30. Council may verify Customer eligibility, account information, transactions and discount usage at any time to ensure compliance with the Program.

1. By applying for registration, you agree to be bound by the Terms and Conditions.
2. Customers are responsible for maintaining the confidentiality and security of their account credentials and must notify Council immediately of any suspected unauthorised access or account compromise.
3. Customers must satisfy any eligibility requirements specified in the current Program Settings.
4. A person may only hold one active Program account regardless of the number of email addresses, mobile numbers or devices available to them.
5. You must agree to receive an OTP SMS on your mobile for password validation.
6. Without limiting any other remedies available to Council, Council may suspend or terminate a Customer's participation in the Program where:
   • the Customer breaches these Terms and Conditions;
   • the Customer provides false or misleading information;
   • Council cannot verify information provided by the Customer;
   • the Customer creates multiple accounts;
   • the Customer engages in fraudulent activity or misuse of the Program;
   • the Customer allows another person to use their account; or
7. Council reasonably believes the Customer's actions may damage the integrity, reputation or operation of the Program.
8. 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
9. You are solely responsible for your interactions with the Business and Council is not a party to any Transactions between you and any Business. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between you and the Business.
10. 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 businessability, fitness for a particular purpose or non-infringement.
11. 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:
12. 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 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.
13. 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.
14. 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.
15. Customers must not:
    • create multiple accounts
    • provide false or misleading information
    • attempt to manipulate Program Settings
    • allow another person to use their account
    • engage in fraudulent transactions.
    • attempt to obtain Program benefits through dishonest or improper conduct.

To be an eligible Customer, you:

• Customers must have a valid email address and mobile number capable of receiving Program communications and account verification messages. An email address and mobile number may only be linked to one active Program account.
• Should have a smart device (mobile phone or tablet) that can access the myDarwin portal via a web browser to present myDarwin discounts to a Business at time of Transaction.
• Additional eligibility requirements may apply and will be specified in the current Program Settings.

1. To redeem a myDarwin Discount, Customers must present their discount from the Portal at the time of purchase and comply with the applicable Program Settings.
2. To redeem a discount, the Customer must present the discount through the Portal in accordance with the Program Settings.

1. Where a refund is issued for a transaction that included a myDarwin Discount, the Customer will only be entitled to a refund of the amount paid by the Customer.
2. myDarwin Discounts are not redeemable for cash, refundable or transferable. Refunded discounts will not be reissued unless otherwise specified in the current Program Settings.
3. Where a transaction is refunded, any associated myDarwin Discount will be cancelled and will not automatically be reissued unless specified in the Program Settings.

Council collects, uses and stores personal information for the purposes of administering the Program, verifying eligibility, preventing fraud, evaluating Program outcomes, reporting on economic activity and complying with legal obligations.

Customers must ensure information provided to Council is accurate and current.

Council will manage personal information in accordance with applicable privacy legislation and Council's Privacy Policy.

For further information regarding Council's approach to privacy, please visit the Council website. 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. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Northern Territory and the courts of appeal from them.