THE GOOD GUYS DIGITAL WALLET - TERMS & CONDITIONS

1. Introduction

The Digital Wallet must be downloaded to your mobile device in order for you to receive and redeem StoreCash and other Offers. The Digital Wallet loads into Apple Wallet (iOS) or Google Wallet (Android) on your device.

2. Eligibility

(a) To be eligible to have a Digital Wallet you must:

• be an Australian resident, aged 18+; and
• have a compatible mobile device with a compatible operating system (iPhone 6 or later, running iOS 9 and above, or Android smartphone with NFC and Lollipop 5.0 or later).

(b) Additional terms and conditions relevant to the Digital Wallet and its operation may apply from your software provider, including the provider of your operating system such as Apple or Google, and/or your internet, handset or carrier provider.

3. Privacy, Marketing and Communications:

(a) By downloading the Digital Wallet to your mobile device you:

• consent to the collection, use and disclosure of your personal information as set out in The Good Guys Privacy Policy (as updated from time to time which can be accessed on The Good Guys’ website at www.thegoodguys.com.au/privacy-policy); and
• agree to subscribe to marketing communications from The Good Guys, including in relation to the Digital Wallet (e.g. StoreCash Offers and other Offers). If you have a Gold Service Extras membership and have previously opted out of Gold Service Extras Member Communications then, by signing up to the Digital Wallet, you agree to receive Gold Service Extras Member Communications again.

(b) In order to receive Store Cash Offers, other Offers and other marketing communications from The Good Guys via your Digital Wallet, you must continue to be subscribed to receive marketing communications from The Good Guys or continue to be subscribed to Gold Service Extras Member Communications.

(c) You can unsubscribe from The Good Guys marketing communications or Gold Service Extras Member Communications at any time, by following the unsubscribe instructions in the relevant communication, via the unsubscribe link in the ‘Details’ section of the Digital Wallet, or by sending an email request to privacy@thegoodguys.com.au. However, please be aware that if you are not subscribed to either: (i) marketing communications from The Good Guys; or (ii) Gold Service Extras Membership Communications, you will not receive any Store Cash Offers, Store Cash Notifications, other Offers and other marketing communications from The Good Guys via your Digital Wallet.

4. Removing the Digital Wallet from your Device

(a) To permanently remove the Digital Wallet from your device, follow your device settings/manufacturer’s instructions.

(b) If your Digital Wallet is no longer installed on your mobile device, or is no longer functional or active because you have not enabled updates from Apple or Google or another relevant operating system, you will not receive any further StoreCash, StoreCash Offers or other Offers in your Digital Wallet and any existing and unused StoreCash or other vouchers in your Digital Wallet at that time, or to which you were otherwise entitled, will be void and cannot be used.

(c) Please note that removing the Digital Wallet from your mobile device will not unsubscribe you from The Good Guys marketing communications or Gold Service Extras Member Communications. To unsubscribe from marketing communications or Gold Service Extras Member Communications, you will need to follow the process in clause 3(c).

5. Push Notifications

(a) The Good Guys may attempt to send push notifications to your device to notify you when The Good Guys makes an update to, or deposit in, your Digital Wallet. Whether such push notifications are actually received on your device will depend on your device operating system and its settings. You may miss important communications from The Good Guys if you deactivate push notifications. You may also receive other communications (such as an email or SMS) when The Good Guys makes an update to your Digital Wallet but whether such communications are sent is solely at The Good Guys discretion and you should not rely on receiving such communications.

(b) Please note that deactivating push notifications will not unsubscribe you from The Good Guys marketing communications or Gold Service Extras Member Communications. To unsubscribe from marketing communications or Gold Service Extras Member Communications, you will need to follow the process in clause 3(c).

6. Suspension and Termination of the Digital Wallet:

(a) The Good Guys may block, suspend or terminate your Digital Wallet if:

• (i) The Good Guys reasonably suspects that fraud in relation to or connection with, or unauthorised access to, your Digital Wallet has occurred or may occur;
• (ii) you have, or The Good Guys reasonably suspects that you have, breached these terms and conditions or the terms and conditions relating to StoreCash Offers or any other Offer;
• (iii) required to by law;
• (iv) The Good Guys can no longer support the Digital Wallet for any reason, including as a result of actions by the provider of an operating system such as Apple or Google, and/or an internet, handset or carrier provider; or
• (v) The Good Guys chooses to withdraw the Digital Wallet for commercial reasons in its absolute discretion.

(b) Where The Good Guys takes any of the actions set out in 6(a)(iv)- (v) above it will provide you with reasonable notice in advance where practicable.

(c) The Good Guys may amend, update, change or remove the functionality of the Digital Wallet in its absolute discretion and without notice to you.

(d) Where The Good Guys terminates your Digital Wallet in the circumstances set out above it will, subject to your compliance with these terms and conditions, use reasonable efforts to provide you with another means of realising the value of any unexpired StoreCash or other voucher in your Digital Wallet at the time of termination.

7. Your Responsibilities:

By downloading the Digital Wallet you acknowledge and agree that:

(a) all information that you have provided to The Good Guys in respect of your Digital Wallet is completed and accurate;

(b) you will ensure that your mobile device is compatible with the Digital Wallet, and is updated as required in order to remain compatible with, and allow optimum performance of, the Digital Wallet at all times;

(c) you will keep your mobile device secure and free from unauthorised access (including by installing and keeping up to date appropriate security software) and will keep confidential your mobile device’s lock, passcode, passwords, and any other information required for a person to access your Digital Wallet and/or redeem any StoreCash or vouchers stored in your Digital Wallet;

(d) you will notify The Good Guys immediately if you believe that there has, or may be, unauthorised access to your Digital Wallet;

(e) if you wish to use Store Cash or other vouchers stored in your Digital Wallet in a The Good Guys store: (i) your device must have a charged battery; and (ii) the screen of your device must be able to be read easily (a cracked screen, dimming, dirt or any other fault, damage or obstruction, which prevents the Digital Wallet from being clearly accessible may mean that any StoreCash or Vouchers earned by you that are in the Digital Wallet cannot be redeemed in store);

(f) operation of the Digital Wallet is largely outside the control of The Good Guys and will be dependent on and affected by, amongst other things, your connection to the internet, your device and its settings, and the software and operating systems used on the device;

(g) you must take your own precautions to ensure that the process which you employ for accessing the Digital Wallet does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your mobile device or its operating system, and contains appropriate protection to prevent damage to your mobile device and its operating system caused by viruses, malicious computer code or other forms of interference; and

(h) except to the extent required by law or expressly set out in these terms and conditions, The Good Guys makes no representations or warranties of any kind as to the operation or availability of the Digital Wallet or the information, content or materials included in the Digital Wallet, and all implied representations or warranties in relation to the operation or availability of the Digital Wallet or the information, content or materials included on the Digital Wallet are excluded.

8. Liability

(a) Nothing contained in these terms and conditions shall be read or applied so as to exclude, restrict or modify, or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by any law (including, without limitation, the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

(b) Except to the extent caused by The Good Guys’ negligence or breach of these terms and conditions, or as otherwise required by law, The Good Guys shall not be liable to you for any loss suffered by you to the extent caused by: (A) information that you have provided to The Good Guys in relation to your Digital Wallet being incomplete or inaccurate; (B) any unauthorised use of, unauthorised access to, or theft of, your Digital Wallet (or StoreCash or vouchers stored in your Digital Wallet) which takes place before you notify The Good Guys; (C) any technical issues with websites, applications, operating systems, Digital Wallets, or the internet, beyond the reasonable control of The Good Guys; (D) any breach by you of these terms and conditions; or (E) anything outside of The Good Guys’ reasonable control and within your reasonable control.

9. Changes to Terms and Conditions

(a) The Good Guys reserves the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears in your Digital Wallet or you are otherwise notified.

(b) If you can demonstrate to The Good Guys’ satisfaction (with both parties acting reasonably and in good faith) that:

• (i) any amendment to these terms and conditions; or
• (ii) any amendment to, update to, change to, or removal of, the functionality of the Digital Wallet pursuant to clause 6(c) of these terms and conditions,

will have a significant detrimental impact on you, and you therefore wish to remove the Digital Wallet from your device, The Good Guys will (subject to your compliance with these terms and conditions) use reasonable efforts to provide you with another means of realising the value of any unexpired StoreCash or other voucher in your Digital Wallet at the time of removal.

(c) Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

(d) These terms and conditions are governed by the laws of Victoria, Australia.

10. Definitions

Digital Walletmeans the digital “wallet” made available by The Good Guys for download by you, which (following download) is stored in either Apple Wallet or Google Wallet (or equivalent) on your mobile device and which is subject at all times to these terms and conditions.

Gold Service Extras means The Good Guys Gold Service Extras membership program which is subject at all times to The Good Guys Gold Service terms and conditions available at https://www.thegoodguys.com.au/gold-service-extras-terms-and-conditions.

Gold Service Extras Member Communications means all communications (including marketing communications) sent to Gold Service Extras members relating to their Gold Service Extras memberships.

Offer means an offer provided by The Good Guys, which may include promotions or discounts, the reward for which is credited to the Digital Wallet.

StoreCash means a reward in the form of a voucher with a set value and expiry date deposited in your Digital Wallet that can be used to purchase goods and services at The Good Guys in store, online (only at www.thegoodguys.com.au), or over the phone, subject at all times to the StoreCash terms and conditions available at https://www.thegoodguys.com.au/storecash-terms-and-conditions.

StoreCash Notification means an SMS or an email sent to you by The Good Guys notifying you that your earned StoreCash has been deposited in your Digital Wallet.

StoreCash Offer means an offer from The Good Guys for customers to earn StoreCash when meeting the qualifying conditions, and which is subject at all times to the StoreCash terms and conditions available at https://www.thegoodguys.com.au/storecash/storecash-terms-and-conditions.

The Good Guys means The Good Guys Discount Warehouses (Australia) Pty Ltd (ACN 004 880 657).

v4 3 November 2023