Terms & conditions

1.1 pub+® is the approved loyalty program of ALH.

1.2 ALH has introduced pub+ for persons who enjoy entertainment at our venues and/or stay in our hotels and who apply to become and are approved as members of pub+ pursuant to these Terms and Conditions.

1.3 Members of pub+ may be entitled to certain Benefits through their Membership.

1.4 These Terms and Conditions govern pub+. It is your responsibility as a Member to read and understand them. It is a condition of joining pub+ that you accept and agree to these Terms and Conditions. You will be deemed to have accepted these Terms and Conditions when you apply for Membership pursuant to section 3, and each time you use the App or your pub+ Card.

1.5 These Terms and Conditions are effective as at the date specified above and may be amended by ALH, from time to time, in accordance with section 4.

1.6 Where provided, we will use:

(a) the residential state which you select for your Play Account; or

(b) if you do not open a Play Account, the venue you select as your ‘home venue’ or ‘local’

when applying for Membership

to identify your home state, including for the purpose of any applicable laws in accordance with section 2. You may use your Membership at any of our Participating Venues in any state.

1.7 Membership of pub+ does not automatically give a person a right of entry to all or any part of ALH’s premises or Participating Venues. ALH reserves the right to refuse a person entry to part or all of any premises operated by ALH.

1.8 In these Terms and Conditions where ALH refers to “ALH, we, us or our” we are referring to ALH, and where we refer to “the Member, you” or “your '' we are referring to the Member.

2.1 ALH is regulated under Federal and State Laws, including but not limited to the Anti-Money Laundering Laws, Gaming Laws, Liquor Laws, Australian Consumer Laws, and Privacy Laws.

2.2 ALH ensures that the operation of pub+ complies with the laws of each state and territory in which the loyalty program is available to Members.

Anti-Money Laundering Laws

2.3 ALH is a reporting entity under Anti-Money Laundering Laws.

2.4 As a reporting entity, ALH is required to collect certain personal information from you for the purposes of meeting our obligation to know our customers, and for other related customer due diligence purposes. ALH will collect this information where you apply for, and are approved for, Membership and our Play Account, and/or where required under AML Laws.

2.5 In accordance with its obligations under the AML/CTF Act and AML/CTF Rules, ALH may where it is required by law or by its AML/CTF Program:

• (a) require you to provide Acceptable ID for the purposes of our KYC processes, and to record that Acceptable ID securely in our systems;

  (b) collect additional KYC information from you; 

  (c) conduct enhanced customer due diligence, whether directly or by a third party; and/or

  (d) monitor transactional activity of Play Accounts as part of our ongoing customer due diligence requirements.

Gaming Laws and Liquor Laws

2.6 ALH is licensed in most Australian states and territories and operates in strict compliance with the terms of its licences (which include gaming and liquor licences) in each jurisdiction.

2.7 From time to time, ALH may be required to obtain information from you or about you for the purposes of meeting our regulatory requirements in each state and territory. This includes, without limitation, information from you for the purposes of:

• (a) paying you winnings from EGM Gaming via cheque, or via electronic funds transfer to your nominated bank account; 

  (b) providing you with your Player Activity Statement where you have a Play Account;

  (c) verifying your age; 

  (d) reflecting any self-exclusion request from you;

  (e) complying with any obligation relating to, or otherwise ensuring that you partake in, the responsible consumption of alcohol and gambling; and

  (f) otherwise complying with general and specific conditions of our licence and applicable laws.

2.8 Any information collected from you will be kept securely in accordance with our obligations under the Privacy Act. Clause 17 of these Terms and Conditions sets out how Members’ Personal Information may be collected, used, and disclosed by ALH.

3.1 Australian residents who are aged 18 years or over are eligible to be a Member of pub+. Membership is free.

3.2 Only natural persons may become a Member of pub+. Companies and other persons are not eligible to apply for Membership.

3.3 You may apply to become a Member of pub+ by downloading the App from the IOS and Google play store, or any other App store where the App is made available from time to time. 

3.4 By applying for Membership under this section 3, you agree to be bound by these Terms and Conditions.

3.5 Membership will provide Members the opportunity to earn pub+ Points and receive Benefits, receive pub+ communications, access your Membership details, play In App Games and access to your Benefits. 

3.6 Members may apply for a Play Account under these Terms and Conditions as part of your Membership. Membership does not require you to open a Play Account.

3.7 Employees may become or continue to be Members if permitted by and in accordance with the applicable policy of ALH and/or its Related Bodies Corporate from time to time.

3.8 Membership is granted and maintained at the sole discretion of ALH. 

3.9 The Member undertakes to notify ALH as soon as possible, through the App or at a Participating Venue, of any change of the Member’s name, address, or other identifying details (as relevant) and present Acceptable ID as required to validate such change.

3.10 Members that self-exclude from any Participating Venue will have their Membership suspended or terminated in accordance with section 14.

3.11 Members that are excluded by ALH from any Participating Venue will have their Membership terminated at the sole discretion of ALH in accordance with section 14.

3.12 Members may otherwise be excluded by operation of law (for example, following a determination to bar the patron by a relevant legal authority). ALH will take all appropriate measures to ensure that it complies with these requirements.

4.1 ALH may amend pub+ at its sole discretion (acting reasonably) including without limitation to:

• (a) the existence and operation of pub+;

  (b) these Terms and Conditions and any policies referred to in these Terms and Conditions;

  (c) elements of Membership (including the Play Account);

  (d) the types and nature of Benefits;

  (e) the number of pub+ Points required for the Unlock Moment;

  (f) the expiry, cancellation, or accrual of pub+ Points;

  (g) Member eligibility; or

  (h) the services ALH provides.

4.2 Subject to section 4.7, ALH will provide Members with reasonable advance notice (being no less than 30 days) of any material changes to pub+ (as determined by ALH acting reasonably), by notification through the Website, the App, at Participating Venues or otherwise as required by law. Any changes to pub+ will not be effective until after the period of advance notice has expired.

4.3 ALH will, where possible, notify Members of any changes to Benefits provided by Third Party Offerors.

4.4 If a Member continues to use its Membership or seeks to access or use any Benefits after the period of advance notice has expired, the Member will be deemed to have accepted the changes to pub+ under section 4.1. 

4.5 If ALH makes a change to pub+ that is likely to have a materially detrimental effect on Members then ALH will notify affected Members under this section 4 by the email provided by the Member, by a direct notification through the App or otherwise as required by law.

4.6 Upon closure of pub+ under section 4.1(a), any pub+ Points, pub+ Coins or any other Benefits which have not been redeemed will immediately and automatically be deemed surrendered by the Member and cancelled.

4.7 Notwithstanding section 4, you acknowledge and agree that ALH may be required to cancel (in whole or part) or suspend pub+, Website or App with immediate effect if required by law, or due to security or technical issues.

5.1 In order to access your Membership, you must download and complete the onboarding steps in the App on your mobile device.

5.2 At the point of downloading the App, you may be invited to accept the terms and conditions of the App in the App Store.

5.3 The App and pub+ Digital Card are the property of ALH.

5.4 The pub+ Digital Card housed within the App is the unique identifier of your Membership. You may also be provided with a pub+ Card in accordance with these Terms and Conditions where you apply for a Play Account.

5.5 Each use by you of the App and/or your pub+ Digital Card is deemed acceptance of these Terms and Conditions.

5.6 It is your sole responsibility to protect the App and pub+ Digital Card and to take precautions against any loss or unauthorised use. 

5.7 The App and pub+ Digital Card issued to you may only be used by you for the purposes of your Membership. You must not give your pub+ Digital Card to any other person or Member for any purpose whatsoever. An ALH Staff Member may require you to produce identification satisfactory to ALH for the purposes of verifying that the App and pub+ Digital Card you are using was issued to you, and you must comply with such request. Where ALH identifies that a person other than you is using your App or pub+ Digital Card, ALH may take action up to and including immediate termination of your Membership.

5.8 Members must notify ALH as soon as is reasonably practical, of any damage, loss, theft of or suspicious activity on their App or pub+ Digital Card.  ALH will not be responsible for any use of the App or pub+ Digital Card, including any redemption of any Benefits by a person other than the Member.

5.9 Benefits, Promotional Offers and Third Party Offers referenced, promoted, featured, or advertised in the App are offered by ALH at its sole discretion, may not be offered in or by all Participating Venues, or made available to all Members, and may be subject to availability.

6.1 The Play Account is an additional account available to Members who wish to earn Gaming Points when playing EGM Games at Participating Venues

6.2 To establish a Play Account, members must opt-in to pub+ Play through the App by performing the following steps:

• (a) establishing a gaming profile with such information from the Member as required by ALH;

  (b) setting up a PIN; and 

  (c) setting up the Play Limits (or such other limits as required by law for example, YourPlay). 

6.3 A Member is only entitled to one Play Account, and you will only be issued one physical pub+ Card to match your In App Barcode for that Play Account.

pub+ Card

6.4 ALH will issue the Member with a pub+ Card, upon the provision of Acceptable ID by a Member at a Participating Venue.

6.5 Each use of the pub+ Card is deemed acceptance of these Terms and Conditions.

6.6 Your pub+ Card may only be used by you for the purposes of your Membership. It is your responsibility to protect your pub+ Card and take precautions against loss or unauthorised use. You must not give your pub+ Card to any other person for any purpose whatsoever. An ALH Staff Member may require a person to produce identification satisfactory to ALH for the purposes of verifying that a pub+ Card is being used by the relevant person to whom it was issued, and such person must immediately comply with such request.

6.7 Where a pub+ Card is used by a party that is not the Member, ALH retains the right to terminate the Membership.

6.8 Members must notify ALH as soon as is reasonably practical, through a Participating Venue, of any damage, loss or theft of their pub+ Card. ALH may replace a damaged, lost or stolen pub+ Card at its discretion, subject to the relevant Member satisfying ALH's identification requirements and collecting the replacement pub+ Card from Participating Venue. ALH may charge a reasonable fee for the replacement pub+ Card or cancel the Membership where the Member, in ALH’s opinion, has claimed an excessive number of lost, damaged and/or stolen pub+ Cards.

6.9 All pub+ Cards remain the property of ALH and must be returned on request.

PIN

6.10 The Member will be required to establish a PIN for their Play Account.

6.11 Members can reset their PIN at any time during the life of their Membership through the App. 

6.12 ALH will not be liable for any unauthorised use of the App or the Membership (including access to Benefits held in the Deals section of the App) as a result of a Member’s PIN becoming known to another person.

Player Activity Statements and other required notices

6.13 Members with Play Accounts will receive regular Player Activity Statements where required and/or in accordance with applicable law.

6.14 To the extent permitted by law, each Member will be deemed to have requested to receive their Player Activity Statements, as well as any other notices or information required by law to be sent to the Member, via email.

6.15 Subject to section 6.14, to the extent permissible by law, each Member will be deemed to have received, requested, accessed, collected or otherwise interacted with their Player Activity Statement pursuant to any applicable legal obligation if: 

• (a) ALH takes all steps within its reasonable control to cause the matters required of it to be completed; 

  (b) the Member, being entitled to make an election with respect to an interaction, does not make that election; and 

  (c) it would not be inconsistent with the purpose of the legal obligation for that interaction with the Player Activity Statement to be deemed to have occurred.  

6.16 Members acknowledge that if they do not comply with a requirement of law with respect to Player Activity Statements or any other information or notice, ALH will be entitled to take any action required or permitted by law with respect to their account, including suspension or termination of the Member’s account.  

6.17 Unless otherwise specified, references to ‘points’ earned or accrued in a Player Activity Statement requested by or issued to a Member will be references to Gaming Points.

7.1. pub+ enables Members to:

• (a) accrue pub+ Points (as outlined in this section 8);

  (b) participate in an Unlock Moment (section 9); and

  (b) redeem pub+ Coins and other Benefits (sections 10 and 11).

8.1 Subject to these Terms and Conditions, Members may be eligible to be awarded pub+ Points for spending on eligible products and services at Participating Venues where the Member presents their Membership. The terms of the pub+ Points, including the expiry date of Points (one year, as set out in section 8.15) will be made available to the Member in the App at the point of issuance.

Gaming Points

8.2 Where permitted by law and otherwise available, members may earn Gaming Points in respect of playing EGM Games, provided that they have established a Play Account.

8.3 Gaming Points may only be redeemed for pub+ Points.  Gaming Points are automatically redeemed for pub+ Points when a member ends their gaming session on an EGM by:

(a)        removing their pub+ Card from the card reader; or

(b)        ending the session via a selection on the machine itself

8.4 The minimum earn rates for pub+ Points and Gaming Points are is as follows:    

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Explanation:   If a Member were to play EGM Games and accrue $20 in turnover, they would earn 2 Gaming Points.  Upon removing their card from the EGM, the Member’s 2 Gaming Points would immediately be redeemed for 2 pub+ Points, which would then be available to the Member to redeem for Benefits in the App. 

For the remainder of section 8, unless otherwise specified the term Points refers both to pub+ Points and Gaming Points.

8.5 From time to time, ALH may determine in its absolute discretion to vary the earn rates for points set out in 8.4 as part of promotional activity.  Where it does so, access to enhanced earn rates will be subject to the Member complying with any terms or conditions set by ALH which govern that specific promotional activity.  

8.6 From time to time, ALH may determine in its absolute discretion to vary the earn rates for points set out in 8.4 as part of promotional activity.  Where it does so, access to enhanced earn rates will be subject to the Member complying with any terms or conditions set by ALH which govern that specific promotional activity. 

8.7 ALH will determine eligible products and services upon which pub+ Points may be awarded at its sole discretion.

8.8 A Member will not be awarded pub+ Points as a result of spend or play (where the Member has a Play Account) by a person other than the Member. Any pub+ Points awarded for such spend or play may be reversed by ALH.

8.9 A Member will be able to monitor the number of pub+ Points they have accrued in the App. The specification of the number of pub+ Points deemed to have been awarded by the Member is final and conclusive, subject to any adjustment by ALH under this section 8.

8.10 ALH may place a cap on the Points earning capacity of an individual Member at its discretion (acting reasonably) and by notice to the Member.

8.11 Points are non-transferable, cannot be exchanged for money, do not have individual value and are not redeemable other than in accordance with these Terms and Conditions.

8.12 In order to earn pub+ Points, it is the Member’s responsibility to ensure that their pub+ Digital Card or pub+ Card has been presented or is therwise in use at the time of the transaction. No Points will be awarded where the pub+ Digital App or pub+ Card is not presented.

8.13 It is the Member's responsibility to check at the time of the transaction that pub+ Points have been correctly allocated and immediately notify ALH or a Participating Venue of any discrepancies. pub+ Points can be checked on a Member’s account at ‘Activity Snapshot’ found in the App. 

8.14 ALH may adjust the Member’s Points at its discretion (acting reasonably).

8.15 When using pub+ Points, the oldest pub+ Points will be deducted first.

8.16 pub+ Points expire one year from the date of earning those pub+ Points. pub+ Points cannot be re-credited once they have expired.  Gaming Points do not expire.

RM:  Note - in case of partial points which have not accrued to a Gaming Point yet.

8.17 ALH may reverse or cancel any Points credited to a Member incorrectly or not in accordance with these Terms and Conditions.

8.18 Points accrue in whole integers only, and no partial Points are issued to a member.

8.19 When a member accrues eligible turnover from playing EGM Games which is not sufficient to earn a Gaming Point, that turnover will be treated as a running balance and credited towards turnover in future play on EGM Games. (For example, if a member accrues turnover equal to 50% of the amount required to earn a Gaming Point and ceases to play EGM Games, the next time they play EGM Games they will only need to accrue 50% of the required turnover before earning their next Gaming Point).

9.1 Subject to these Terms and Conditions, upon the awarding of a designated pub+ Points total, ALH may make available an Unlock Moment for the purpose of a Member claiming a Benefit that ALH may make available from time to time.

9.2 The Unlock Moment will occur as follows:

• (a) the Member may accrue a designated number of pub+ Points in accordance with these Terms and Conditions. The designated number of pub+ Points will be set out on the Website;

  (b) upon the Member accruing the designated number of pub+ Points, an Unlock Moment occurs where the Member is shown a screen with a selection of different pub+ Coins, from which the Member may select one set of pub+ Coins;

  (c) the Unlock Moment must be commenced from within the App, and must occur within 90 days of the Member earning the designated number of pub+ Points;

  (d) the selected pub+ Coins are then automatically allocated to the Member’s wallet within the App; and

  (e) the Member may then use the pub+ Coins on Eligible Transactions at any ALH venue.

9.3 ALH will publish information on the Unlock Moment and the potential Benefits on its Website and, where possible, via the App directly to Members. 

9.4 ALH does not permit a Member to combine pub+ Points with other Members in order to activate a Unlock Moment.

10.1 ALH may make available Benefits in accordance with these Terms and Conditions and as notified on the Website.

10.2 ALH may make available pub+ Coins, which may allow a Member to:

• (a) allocate the pub+ Coin against an Eligible Transaction; or

  (b) redeem the pub+ Coin in exchange for a Benefit.

10.3 The terms of the pub+ Coin, including its expiry date (generally, 90 days), will be made available to the Member in the App at the point of issuance. ALH will determine, in its sole discretion, the Eligible Transactions and Benefits against which pub+ Coins may be redeemed. 

10.4 ALH may, acting reasonably, place restrictions on the issue and redemption of pub+ Coins, including but not limited to:

(a) restrictions required to ensure compliance with laws or other similar requirements; or

(b) restrictions which differentiate between members or classes of members

10.5 pub+ Coins are non-transferable and are not redeemable other than in accordance with these Terms and Conditions.

10.6 The purchase of ALH goods and services using pub+ Coins is not a taxable supply. A tax invoice will not be issued, and GST should not be claimed on these transactions.

10.7 ALH and its Related Bodies Corporate exclude and limit liability in relation to pub+ Points, pub+ Coins and Benefits pursuant to the terms of section 13.

11.1 As at the effective date, pub+ Coins are issued in A$1 increments. ALH reserves the right to vary the value of pub+ Coins from time to time upon reasonable notice to you in accordance with section 4. 

11.2 Each pub+ Coin may only be redeemed by a Member in full. Where a pub+ Coin value is greater than the value of the Eligible Transaction or Benefit against which the pub+ Coin is being redeemed, the Member will surrender any amount of the pub+ Coin that is not used. Where a Member redeems a pub+ Coin and the value of the pub+ Coin is less than the total Eligible Transaction or Benefit value, the Member must pay the difference to ALH at the point of sale.

12.1 ALH may, from time to time, make Promotional Offers to individual Members or groups of Members via pub+.

12.2 You acknowledge that these Promotional Offers may be subject to additional terms and conditions, which will be made available to you via the Website or the App.

12.3 ALH may cap or otherwise limit the earning of pub+ Points on Promotional Offers.

12.4 To the extent permitted by law, ALH and its Related Bodies Corporate exclude and limit liability in relation to Promotional Offers pursuant to the terms of section 19.

13.1 ALH may notify Members of Third Party Offers from time to time. Even though ALH may provide a Member with the notification of the Third Party Offer, Members acknowledge and agree that such offers are not provided by ALH or a Participating Venue, but by the relevant specified third party.

13.2 Third Party Offers will be subject to their own consent requirements and terms and conditions, which will be reasonably notified to you.

13.3 Third Party Offers are made by third parties. ALH does not make any warranties, representations, guarantees or promises in relation to Third Party Offers.

13.4 The Member may agree to receive offers from Endeavour Brands by consent to ALH or directly to Endeavour Brands (as applicable).

13.5 To the extent permitted by law, ALH and its Related Bodies Corporate exclude and limit liability in relation to Third Party Offers pursuant to the terms of section 19.

13.6 To the extent permitted by law, the liability of ALH and its Employees or agents for any breach of warranty or liability which by law cannot be excluded, restricted, or modified, or under any express warranty, is limited at ALH’s option to:

(a) recrediting pub+ Points; or

(b) replacing or resupplying the Benefit.

14.1 A Member may determine to self-exclude themselves from a Participating Venue in accordance with the relevant law of the state or territory where the self-exclusion request is made. A Member may determine to self-exclude from the gaming room of a Participating Venue, or from all areas of the Participating Venue.

14.2 If a Member’s Membership is terminated by reason of the Member becoming self-excluded pursuant to section 14.1 (for example, a membership will be terminated if a Member determines that he or she intends to self-exclude from a Participating Venue for life), ALH will afford the Member a reasonable opportunity (as determined by ALH) to redeem their points at a Participating Venue (other than any area from which they have self-excluded).

14.3 If a Member’s membership is suspended by reason of the Member becoming self-excluded pursuant to section 14.1 (for example, a membership will be suspended if a Member determines that he or she intends to self-exclude from a Participating Venue for three months), any points accrued and not redeemed will not be affected, other than as explained under sections 8.11 and 10.3.

14.4 Where a Member has been excluded from a Participating Venue by ALH, by an authorised third party or by operation of law (for instance, by a determination or equivalent by the Commissioner), ALH may terminate the Member’s Membership and all pub+ Points, pub+ Coins and Benefits retained in the Deals section of the App will be deemed surrendered by the Member and cancelled.

15.1 If the Member wishes to voluntarily surrender their Membership they may do so at any time by:

• (a) notifying an ALH Staff Member at a Participating Venue and returning their pub+ Card (where applicable); 

  (b)by contacting ALH using the ‘Contact Us’ form on the Website (once available); or

  (c) deleting their account via the App in accordance with the instructions on the App. 

15.2 If a Member voluntarily surrenders their membership in accordance with this section 15, any pub+ Points, pub+ Coins or any other Benefits which have been accrued and not redeemed will immediately and automatically be deemed surrendered by the Member and cancelled. 

15.3 ALH will notify the Member of the above before he or she finalises the termination of his or her membership under this section 15.

15.4 A Member may voluntarily close their Play Account by notifying ALH under sections 15.1(a) and (b) above.

Suspension or Termination of Membership by ALH

15.5 ALH may suspend or terminate a Member’s Membership, in part or in whole, where it has determined (acting reasonably) that a Member: 

• (a) has failed to comply with these Terms and Conditions; 

  (b) has experienced, is experiencing or is likely to experience harm as a consequence of the Membership;

  (c) has engaged in dishonest or fraudulent activity;

  (d) has been intimidating or disruptive to patrons or staff;

  (e) is suffering mental incapacity; 

  (f) is causing or is likely to cause reputational damage to ALH and/or its Related Bodies Corporate and/or a Participating Venue; or 

  (g) where required to do so by law.

15.6 Membership will immediately and automatically terminate upon the death of the Member.

15.7 Unless ALH determines otherwise, if a Membership has been suspended, that Member will not be entitled to participate in pub+, earn any pub+ Points, take advantage of ALH’s Voluntary Pre-Commitment (excepting Victoria), take advantage of Benefits, or claim any Rewards pending further notice from ALH.

15.8 Unless ALH determines otherwise, upon the termination of a Member's Membership, any pub+ Points, pub+ Coins or Benefits that have been accumulated by the Member will immediately and automatically be deemed surrendered by the Member and cancelled.

15.9 In the event of the termination or surrender of a Member’s Membership under clauses 14 or 15, Any data or Personal Information held by ALH which is associated with the Member will be retained only to the extent as required by law, and if retained will be handled in accordance with our Privacy Policy. accordance with our Privacy Policy

New South Wales, Queensland, Northern Territory, South Australian and Tasmanian Venues

16.1 Sections 16.1 - 16.6 apply to all Members with a Play Account playing EGM Games at Participating Venues located outside of Victoria.

16.2 Members may use Voluntary Pre-Commitment in conjunction with their App. Procedures for doing so are set out in the ‘Play’ Section of the App and as varied and/or replaced from time to time by ALH as detailed on the Website.

16.3 If used by the Member, the Voluntary Pre-Commitment will allow a Member to set a limit on:

• (a) the amount of time, in a 24-hour period, that the Member may play EGM Games using their pub+ Card; and/or

  (b) the Member's net loss, in a 24-hour period, on EGM Games played using their pub+ Card. 

16.4 If a limit referred to in section 16.3 above is reached, the Member will receive an electronic notification superimposed on the screen of the machine upon which the Game is then being played (where that capability is available). This information will also be available to the Member via the App.  At that time, although the Member may continue playing EGM Games, the Member will cease to earn pub+ Points as a result of any further EGM Games played before the commencement of trading at a Participating Venue on the next trading day. 

16.5 If a Member has set a limit referred to in section 16.3 above, any new limit set by the Member that increases the limit on amount of time or net loss, will not take effect until commencement of trading at a Participating Venue on the next trading day. 

16.6 If a Member has set a limit referred to in section 16.3 above, any new limit set by the Member which decreases the amount of time or net loss, will take effect immediately. 

Victorian Venues

16.7 ‘YourPlay’ is a Victorian Government pre-commitment scheme for electronic gaming machines, and is administered by Intralot Gaming Services Pty Ltd. YourPlay is available to Members and non-members in all ALH Victorian gaming rooms, with all ALH electronic gaming machines connected to YourPlay. YourPlay allows participants to apply a time limit or net loss limit when playing electronic gaming machines.

16.8 Members may use YourPlay in conjunction with their pub+ Card or In App Barcode. Procedures for doing so are set out in the ‘Play’ Section of the App and as varied and/or replaced from time to time by ALH as detailed on the Website, on YourPlay brochures available in Victorian venues, and at https://www.yourplay.com.au/web/victoria#intro.

16.9 If utilised, Yourplay will allow a Member to set certain limits on:

• (a) the amount of time that the Member may play Games using their pub+ Card or In App Barcode; and/or

  (b) the Member's maximum loss, in a certain period on Games played using their pub+ Card or In App Barcode.

16.10 If a limit referred to in section 16.9 above is reached, the Member will receive an electronic notification superimposed on the screen of the machine upon which the Game is then being played. At that time, although the Member may continue playing Games, the Member will cease to earn pub+ Points as a result of any further EGM Games played until the relevant period to which the limit relates has expired.

16.11 If a Member has set a limit referred to in section 16.9 above, any new limit set by the Member that increases the limit on amount of time or net loss will not take effect until at least 24 hours after the Member has notified ALH of the new limit.

16.12 If a Member has set a limit referred to in section 16.9 above, any new limit set by the Member which decreases the amount of time or net loss, will take effect immediately.

16.13 Any Member or past Member is entitled to access all information held by ALH relating to that person's participation in pub+ making a request at a Participating Venue. This information will be provided free of charge.

16.14 To the extent permitted by law, ALH and its Related Bodies Corporate exclude and limit liability in relation to YourPlay pursuant to the terms of section 19.

17.1 By becoming a Member, you agree that ALH may collect, use, and disclose your Personal Information in accordance with these Terms and Conditions, including:

(a) the Permitted Purposes; and

(b) our Privacy Policy, which forms part of these Terms and Conditions.

17.2 Our Privacy Policy explains how we handle personal information. If you do not provide ALH with the required Personal Information that is requested, you will be unable to become a Member.

17.3 The Privacy Policy details how you can contact us, and how you can seek access to and correct your personal information or raise a privacy concern with us.

17.4 As a Member, you provide your express consent for ALH to disclose your information to third parties for the Permitted Purposes.

Opt in

17.5 Where you have opted in to receive marketing and promotional communications, you agree that ALH may send you commercial electronic messages and tailored advertising relating to pub+ (which include direct marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone, or post).

Opt out

17.6 Alternatively, you may have opted-out of receiving commercial electronic messages and other advertising that we send you directly (including opting-out of receiving such communications through certain media or opting-out of receiving such communications via certain channels), or you may have modified your communication preferences on your pub+ account. In the case of certain electronic communications (including email or SMS), you may also use the opt-out facility we provide in that communication. If you use the opt-out facility provided in that electronic communication, you will be unsubscribed from the specific channel used for that commercial electronic message.

17.7 In limited circumstances, our cybersecurity controls may block you from accessing our Website in order to unsubscribe. If this happens, please lodge a request via the App or via the Contact Us page on the Website with the channel(s) (i.e., email or SMS) from which you wish to unsubscribe, and we will ensure that your request is actioned as soon as possible.

17.8 Opting out of receiving commercial electronic messages from pub+ will not withdraw your consent to receive messages from other ALH brands under separate terms and conditions. If you would like to opt-out of other ALH brands, please follow the opt-out facilities in their communications or other opt-out options set out in their terms and conditions.

17.9 Tailored advertising is advertising that is specifically tailored to particular segments of pub+ Members based on certain attributes, behaviours or preferences which they have in common. Tailored advertising is facilitated through the use of cookies and other digital technologies. For more information (including on how to opt-out of tailored advertising), please see our Cookies Statement at www.alhgroup.com.au/privacy.

17.10 If you have any questions about how to opt-out or unsubscribe please visit the FAQs on the Website or lodge a request via the App or via the Contact Us page on the Website.

17.11 Regardless of whether you opt-out of any and/or all commercial electronic messages (including email, SMS or push notifications, where applicable), you agree to still receive service-based electronic messages relating to your membership, including changes to these Terms and Conditions, our Privacy Policy or any collection statement of which you are reasonably notified, account transactions or important information (for instance recall notices) relating to products you have purchased or other information we’re required to provide you by law.  Your agreement to receive service-based communications is effective until such time as you elect to terminate your pub+ membership.

17.12 You may not opt-out of receiving service-based communications without terminating your pub+ membership. To terminate your pub+ membership, you will need to delete your account in accordance with the steps set out under section 15 of these terms and conditions. Once your membership has been terminated you will thereafter no longer receive commercial electronic messages or service-based communications which are sent to pub+ members.

17.13 You acknowledge and agree that we are not required to include an unsubscribe function in electronic messages where it may be impracticable for us to do so. This may include push notifications or service-based electronic messages (such as account creation and order confirmations) that contain hyperlinks to website content that is primarily factual in nature, such as our Privacy Policy or these Terms and Conditions, where such pages incidentally contain commercial content (for example in the page footer).

17.14 In the event a Member has self-excluded themselves from use of EGM Games, or has been excluded by ALH from use of EGM Games, in accordance with these Terms and Conditions or otherwise under relevant law, the Member will not receive commercial electronic messages from pub+ in relation to gaming for the duration of the self-exclusion or suspension. 

17.15 We may send service and marketing-related notifications to your device provided that you have opted-in to receiving such notifications on your device. You can opt out from allowing the App to send you notifications by adjusting the permissions in your device settings or adjusting the communication preferences in the App on your device. Please note that these notification settings are specific to your device.

18.1 ALH may suspend the operation of pub+ or cease to operate pub+ at any time. Where possible, ALH will provide notice of such suspension or cancellation in accordance with these terms and conditions.

18.2 If pub+ ceases to operate, all pub+ Points, pub+ Coins and unused Benefits will be cancelled.  Any data or Personal Information held by ALH associated with Members will be retained to the extent required by law, and if retained will be handled in accordance with our Privacy Policy.

19.1 To the extent that pub+ and/or anything received by a Member pursuant to these Terms and Conditions constitutes a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, ALH and its Related Bodies Corporate do not exclude, restrict or modify any non-excludable obligations, term

• (a) ALH and its Related Bodies Corporate exclude all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including, without limitation, loss of opportunity, loss of profits or any other monetary loss or damage) whether direct, indirect, special or consequential, arising in any way, whether directly or indirectly, out of pub+; and

  (b) ALH and its Related Bodies Corporate exclude all express and implied warranties relating in any way, whether directly or indirectly, to pub+.

  (c) ALH and its Related Bodies Corporate limit liability to allocating to the relevant Member's pub+ Card or App the number of pub+ Points, pub+ Coins and/or Benefits which ALH considers appropriate in connection with the circumstances in which the relevant claim arose.

20.1 ALH’s decisions in respect of pub+ are final and binding.

20.2 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

20.3 In consideration of ALH admitting the Member to Membership and by use of the App or pub+ Card, the Member acknowledges the right of ALH to rely upon these Terms and Conditions as an indication of the Member’s consent to any acts authorised or contemplated by these Terms and Conditions.

20.4 ALH reserves its right to waive in respect of any Member or Members (at our discretion) any right or requirement in these Terms and Conditions and/or the application of, or compliance with, any of these Terms and Conditions. Where ALH exercises this waiver, this does not operate as a waiver of such right, requirement, application, or compliance if it arises again.

20.5 Any tax liabilities and other duties arising from the receipt of any Benefit, pub+ Points, and pub+ Coins are and remain the sole responsibility of the Member. ALH recommends Members seek independent legal advice about any tax consequences of the accumulation and redemption of pub+ Points, pub+ Coins and Benefits.

20.6 This document is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and of any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Terms and Conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

21.1 In these Terms and Conditions unless the context otherwise requires:
● ‘Acceptable ID’ means a valid form of primary photographic identification document which includes, without limitation, a valid passport, drivers’ licence, proof of age card, and national identity cards.

● ‘Active Member’ means a pub+ member who has used their loyalty card within the preceding 12 months but does not include a member whose membership has been cancelled, locked, disabled, or deactivated or is barred.

● ‘Activity Snapshot’ means the location in the App where Members will be able to view their pub+ Points.

● 'ALH' means Australian Leisure and Hospitality Group Pty Limited (ACN 067 391 511) and its executors, administrators, successors and permitted assigns.

● ‘ALH Staff Member' means an employee, agent, or contractor of ALH, its Related Bodies Corporate or any Participating Venue.

● ‘ALH Website’ means www.alhgroup.com.au

● ‘Anti Money Laundering Laws’ means the AML/CTF Act, the AML/CTF Rules and the AML/CTF Program.

● ‘‘AML/CTF Act’ means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

● ‘AML/CTF Program’ means the ALH Anti-Money Laundering and Counter-Terrorism Financing Program.

● ‘AML/CTF Rules’ means the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (Cth).

● ‘App’ means the pub+ mobile application that is downloaded from either the App Store or Google Play.

● 'Australian Consumer Law' has the meaning given in the Competition and Consumer Act 2010 (Cth).

● 'Benefits’ means any items, Venue Vouchers, Gift Cards, Third Party Offers, goods or services, member pricing, discounts, offers, prize draws, bonuses or other arrangements offered or available to a Member as a result of Membership.

● ‘Deals’ means in the section of the App where Members will be able to access their pub+ Coins.

● 'EGM Games' means games played on a device regulated under Gaming Laws.

● ‘Eligible Transactions’ means those non-gaming transactions at ALH clearly marked as transactions against which Members can redeem pub+ Coins.

● ‘Employees’ has the same meaning as ALH Staff Member.

● ‘Endeavour Brands’ means Dan Murphy’s, BWS, Jimmy Brings, Shorty’s Liquor, Pinnacle and other retail drinks brands nominated from time to time on the Website.

● ‘Gaming Points’ means the points earned by Members while playing EGM Games pursuant to these Terms and Conditions.

● ‘Gaming Laws’ means the Gaming Machines Act 2001 (NSW), Gaming Machine Act 1991 (Qld), Gambling Regulation Act 2003 (Vic), Gaming Machines Act 1992 (SA), Gaming Machine Act 1995 (NT) or Gaming Control Act 1993 (Tas) and such other laws and regulations regulating the operation of electronic gaming machines or poker machines.

● ‘Gift Card’ means a gift card issued to a Member as a Benefit pursuant to these Terms and Conditions, which may be used for payment towards the goods and services offered by a third party up to the dollar value stored on the gift card (which will not be greater than $4,500) and on the terms and conditions of the card issuer.

● ‘In App Barcode’ means the barcode that will be used to identify members for pub+ deals when scanned at the bar.

● 'In App Games' means free games played within the App but are not EGM Games or games regulated under Gaming Laws or the AML/CTF Act.

● ‘KYC’ means ‘know your customer.’

● ‘Liquor Laws’ means the Liquor Control Reform Act 1998 (Vic); the Liquor Act 2010 (ACT); the Liquor Act 2007 NSW); the Liquor Act 1992 (Qld); the Liquor Act 2019 (NT); the Liquor Control Act 1988 (WA); the Liquor Licensing Act 1997 (SA) and the Liquor Licensing Act 1990 (TAS) and such other laws and regulations.

● ‘Member’ means a person who is a member of pub+.

● ‘Membership’ means a membership of pub+.

● ‘Participating Venue’ means a licensed venue that is participating in pub+ in the provision of the Benefits, pub+ Points and/or pub+ Coins in accordance with these Terms and Conditions and as listed on the App. Such Participating Venues may change from time-to-time as notified on the Website and/or the App.

● ‘Permitted Purpose’ means the following:

○ creating and managing your Member account;

○ comply with our obligations under applicable laws and our internal processes and procedures, including to identify you as required or appropriate;

○ monitor and ensure the integrity of gaming in ALH venues;

○ implement gambling harm minimisation strategies;

○ enable the payment of winnings;

○ provide assistance to Members and respond to Members’ enquiries;

○ share your personal information with third party service providers to the extent necessary for them to help us run pub+ and/or assist us to deliver pub+ products and/or services;

○ generate consumer insights about you in order to better understand your preferences and interests, tailor your experience and enhance products and services supplied to you; and;

○ communicate with you including for marketing purposes in accordance with section 17.4 (including via direct mail, telephone, email, SMS, or other digital means).

● ‘Personal Information’, which includes sensitive information, has the meaning given in the Privacy Act 1988 (Cth). For the purposes of these Terms and Conditions includes without limitation:

○ your personal details such as name, address, phone number, email address, date of birth and any other personal information provided in your Membership application form;

○ details in relation to your patronage of the Venue;

○ details in relation to your use of Voluntary Pre-Commitment (where you have signed up for a Play Account); and

○ details in relation to requests you have made for Benefits, pub+ Points, pub+ Coins (and the outcome of those requests).

● ‘PIN’ means the personal identification number which is a user-led 4-digit number set up by the member during the gaming opt-in process to authorise updates to the member’s play limits in the EGMs.

● ‘Play Account’ means the optional account available to Members by application to enable Members to:

○ accrue Gamingpub+ Points from gaming playing EGM Games, which can be redeemed for pub+ Points;

○ select and set Play Limits (in addition to any program available in each state and territory - for instance, YourPlay in Victoria);

○ access gaming activity through Player Activity Statements and, subject to relevant laws, on-demand from the App; and

○ access gambling support services.

● ‘Player Activity Statement’ means a statement of gaming activity on EGM Games when using a membership card (physical or digital). The Player Activity Statement provides a person with a record of activity based on EGM Games play. The nature of the information included in a Player Activity Statement may change from time to time in accordance with Gaming Laws and related regulatory requirements.

● ‘Playing Limits’ means the setting of time and/or loss limits.

● ‘Privacy Laws’ means the Privacy Act 1988 (Cth).

● ‘Privacy Policy’ means the Endeavour Group Limited Privacy Policy available at https://www.alhgroup.com.au/privacy.

● ‘Promotional Offers’ means the ad hoc or targeted promotional offers to Members or groups of Members that may change from time to time.

● ‘pub+’ means the App and loyalty program operated by ALH in accordance with these Terms and Conditions.

● ‘pub+ Card’ means the physical card issued by ALH to Members who have applied and been approved for a Play Account.

● ‘pub+ Coins’ means the manner of presentation of digital coupons in the App.

● ‘pub+ Digital Card’ means the digital card housed within the App to identify the member's unique pub+ Account.

● ‘pub+ Points’ means the points earned by Members pursuant to these Terms and Conditions, other than Gaming Points.

● 'Related Bodies Corporate' has the meaning given to it in the Corporations Act 2001 (Cth) and for the avoidance of doubt, includes Endeavour Group Limited, the owner of the Endeavour Brands.

● ‘Representative’ of a party includes an employee, agent, officer, director, auditor, advisor, partner, consultant, contractor, or sub-contractor of that party.

● 'Terms and Conditions' means these terms and conditions as amended from time to time.

● ‘Third Party Offer’ means an offer to a Member made by a third party permitted by, but not related to, ALH.

● ‘Unlock Moment’ has the meaning given to it in section 9.

● ‘Venue Voucher’ means a physical or digital voucher issued to a Member as a Benefit pursuant to these Terms and Conditions, which may be used for payment, towards food and beverages offered by a Participating Venue, up to the dollar value shown on the voucher.

● ‘Voluntary Pre-Commitment’ means the ability for Members to voluntarily set time and/or net loss limits on electronic gaming machine play under pub+, which once reached, results in electronic notification to the Member and prevents the Member from earning any further pub+ Points as a result of subsequent electronic gaming machine play until a predetermined period of time has passed.

● ‘Website’ means pubplus.com.au.