SUPER BOOSTER TERMS & CONDITIONS

Last updated: November 2023

1. Welcome to Super Booster

1.1 . Super Booster is a service for Active Super Accumulation Scheme members that allows members to earn rewards on everyday shopping. It is a great way to boost your super and save for your retirement.  

1.2. These Super Booster Terms are between you (as the user of Super Booster) and  LGSS Pty Limited (ABN 68 078 003 497) (AFSL 383558), as Trustee for Local Government Super (ABN 28 901 371 321) (Active Super) and our technology partner, Covalent API Pty Ltd (ABN 65652751598) (Covalent API), together collectively referred to as ‘we’, ‘our’ or ‘us’. 

1.3. Please read these Super Booster Terms and Conditions carefully. 

1.4. You should also read Active Super’s and Covalent API’s Privacy Policies to see how we collect, use and disclose information. 


2. Getting Started

2.1. To use Super Booster, you must first sign up for it using the online form on Active Super’s website. As part of the sign up process, you will need to add one or more of your payment cards, so that they become ‘Linked Payment Cards’. You can add up to five Linked Payment Cards (any Mastercard or Visa card from any Australian Bank).

3. Using Super Booster

3.1. Once you have signed up, you will receive a confirmation email letting you know that you can use Super Booster. 

3.2. Active Super Booster allows you to earn rewards** when you shop with our different partner retailers*. You can earn rewards by using any of your linked cards at partner retailers in-store or online within the portal. To see a list of our partner retailers*, learn how to redeem and check your balance or transaction history, log into the member portal. You will earn rewards in the form of non-concessional super contributions to your Active Super account. We call these ‘Rewards’.**

3.3. Super Booster is intended for use within Australia only. 


4. Earning Rewards

4.1. Rewards** earned through Super Booster will be in the form of a non-concessional super contribution that will be deposited automatically into your Active Super Accumulation Scheme account. For every amount spent at a Partner Retailer*, Covalent API will facilitate payment of 0.5-20% (depending on the specific terms for the Partner Retailer, which may include a minimum spend and/or a rewards cap) of the amount to you in the form of a non-concessional super contribution into your Active Super account. This is not redeemable as cash. 

4.2. To earn Rewards, you must be eligible to make non-concessional contributions. The following conditions need to be satisfied:

  • Your TFN must have been provided to Active Super. If your TFN has not been received, non-concessional contributions cannot be accepted.
  • Non-concessional contributions can be made until you reach age 67.  
  • Between ages 67 and 74, you will need to satisfy the work test. This means that you have worked at least 40 hours in a period of not more than 30 consecutive days during the financial year to which the contributions relate. (From 1 July 2022, individuals between 67 and 74 will not need to satisfy the work test to make non-concessional contributions).Persons aged 75 and over can no longer make non-concessional contributions. 
  • You must have a Total Superannuation Balance of less than the general Transfer Balance Cap ($1.7 million in 2021-2022) on 30 June of the previous financial year. 

4.3. There is a cap on the amount of non-concessional contributions that you can make in a financial year. Non-concessional contributions are capped at $110,000 per year. If you make non-concessional contributions which exceed the non-concessional cap, you may have to pay extra tax. 

4.4. Rewards will be deposited every 3 months, provided your rewards total more than 99c. You can check your rewards balance and transaction history by logging into the Super Booster portal. 

4.5. You agree and acknowledge that you are responsible for keeping track of your contributions and should you exceed any contribution cap in any given financial year, you are liable to pay any associated taxes. We will not be liable for any tax incurred by you in connection with any super contributions made to your Active Super account.  

4.6. You acknowledge that:

  • Only valid transactions will earn Rewards; 
  • ‘Valid transactions' include those that are genuine transactions by an Active Super member at Partner Retailers* using a Linked Payment Card and meets the conditions of a Live Offer;
  • ‘Invalid transactions’ include all or part of a transactions which is returned, amended, cancelled and transactions that do not meet the conditions of a Live Offer or transactions which are made without a Linked Payment Card;
  • It is at our complete discretion, and the discretion of the Partner Retailers, to determine whether a transaction is valid and you acknowledge that we will not be liable for any Reward where we or the Partner Retailers determine a transaction to be invalid.

4.7. We reserve the right to reclaim or adjust any payments in the event that any payment has been paid to you in error or offset claims against future payments. This may include but not be limited to transactions where the Reward is not genuinely due to you or has been paid to you in error.

4.8. We do not hold money in your account similar to a bank and legal title to any Rewards  does not pass to you until you have taken possession by way of a successful contribution into your Active Super superannuation account. 

4.9. Access to Rewards in your Active Super superannuation account is subject to the rules on how and when you can access your superannuation under Superannuation Law. For further information, visit Active Super’s website.
 
4.10. For the avoidance of doubt and notwithstanding any other provision contained in these terms and conditions, you agree and acknowledge that in all circumstances the payment of a Reward to you is at our discretion and we may refuse to pay a reward to you for any reason.

4.11. We reserve the right to suspend payment of a Reward at any time without notice to you if we reasonably suspect fraudulent activity has taken place.


5. Protecting Your Information

5.1. Any personal information provided to us is collected, used, stored and handled in accordance with Privacy Laws and the privacy policies of Active Super and Covalent API. 

5.2. Covalent API securely tokenise your Link Payment Card information and do not store any Linked Payment card information. Covalent API collect your email address for the purpose of registering you for Super Booster and administering your Super Booster account. Covalent API must comply with Privacy Laws and take all necessary steps to ensure that Personal Information held is stored or recorded accurately and protected against corruption, interference and loss, unauthorised access, use, modification, processing, disclosure or other misuse. 


6. Cancelling and Suspending Super Booster 

6.1. How And When You Can Cancel Super Booster

If you do not want to use Super Booster anymore, you may cancel Super Booster at any time by contacting Active Super. 

6.2. How And When We Can Cancel or Suspend Super Booster 

6.2.1. If we believe that there is a problem with your Super Booster service, we may suspend your use of the relevant part of Super Booster until the problem is resolved. If appropriate in the circumstances, you will be informed if we need to do this.

6.2.2. We may cancel Super Booster at any time. Wherever practical, you will be informed at least 30 days before this happens. In exceptional circumstances, Super Booster may be cancelled or suspended without you being informed in advance. This might include where:

  • You have committed a serious breach of these Super Booster Terms and Conditions, or have repeatedly breached these Super Booster Terms and Conditions;
  • You have carried out (or we reasonably suspect you have carried out) illegal or fraudulent activity using Super Booster;
  • We reasonably believe that the security of Super Booster has been compromised (including suspected unauthorised use); 
  • We reasonably consider that by continuing with these Super Booster Terms and Conditions we may break any law, regulation, code or other duty that applies to us or which we have agreed to follow;
  • You have been threatening or abusive towards our staff;
  • You have not used Super Booster for more than 18 months (explained in more detail, below); and/or
  • You have not followed any reasonable instructions given by us from time to time relating to Super Booster where it is stated that not following the instruction could result in cancellation.

6.2.3. If you do not use Super Booster for more than 18 months, we may suspend your use of all or part of Super Booster. For example, we may delink your Linked Payment Card from Super Booster if you have not used that card at any of our Partner Retailers for more than 18 months. You will usually be emailed before cancellation or suspension, including why this is happening if it is secure and lawful to do so. 

6.3. What happens when we suspend Super Booster?

6.3.1. If we suspend Super Booster, we will deactivate your details and you will not be able to use Super Booster during the suspension. Where possible, we will reactivate your details when the reason for the suspension is resolved.

6.4. What happens when you or we cancel Super Booster?

6.4.1. Once Super Booster is cancelled (whether by you or us) you will not be able to access Super Booster; and

  • We will no longer provide Super Booster to you – this means you will no longer automatically earn rewards at our Partner Retailers when you use your Linked Payment Card; 
  • We will continue to hold limited information about you and your use of Super Booster for as long as is required to enable us to comply with legal requirements. 


7. Changes to These Super Booster User Terms

7.1. Changes you will be told about in advance

7.1.1. We may change the Super Booster Terms and Conditions at any time. The most common reasons for making changes are if:

  • We are changing the way that an existing part of Super Booster operates, introducing new functionality or withdrawing functionality;
  • We consider that we need to take account of developments (or changes we reasonably expect to happen) in technology, security or industry standards;
  • We need to do so to help us manage our business (including, as appropriate, managing our costs, profitability and competitiveness);
  • There are changes in the way that we operate; 
  • We think that we should explain something more clearly; or
  • There is a change in law (including industry codes) that we follow, or in response to decisions of a court, regulator or other relevant body.

7.1.2. You will normally be told at least 30 days before any significant change to these Super Booster Terms and Conditions takes effect. Please check this page and subsequent pages from time to time to take notice of any changes we made, as they are binding on you. 

7.1.3. If you are not happy with a change to these Super Booster Terms and Conditions, you can end our agreement with you by cancelling Super Booster. If we do not receive your cancellation within 30 days of you being told about the change, we will take this to mean that you have accepted the change.

7.2. Changes we can make without you being told

7.2.1. If we change the Super Booster Terms and Conditions to introduce new features or functionality, we can do this without you being told in advance as long as the changes do not have a negative effect on:

  • The existing services we provide to you at the time of the change; or
  • Your legal rights under these Super Booster Terms and Conditions.

7.2.2. You can also end our agreement with you by cancelling Super Booster after we make the change, but the change will apply to you until you do so.

 

8. Licence Restrictions

8.1. All intellectual property rights in Super Booster belong to us and/or our licensors. You have no intellectual property rights in, or to, Super Booster other than the right to use Super Booster in accordance with these Super Booster Terms and Conditions, and you will not be entitled to grant any rights to any third party in relation to Super Booster.

 

9. Links to Other Websites and Apps

9.1. Super Booster may contain links to websites and/or apps of third parties, such as our Partner Retailers. Your access and use of any third party sites and apps, including any purchases you make, is your responsibility and will be subject to the terms and conditions and privacy policies of that third party site or app. We are not responsible to you for your use of any of these third party sites or apps or third party goods or services you purchase. 

 

10. How to Make Contact

10.1. You can contact Active Super by emailing hello@activesuper.com.au with the subject ‘Super Booster’ or through the ordinary channels as stated on the website. 

10.2. We may need to contact you, for example to comply with our legal obligations.

 

11. What If Things Go Wrong?

11.1. We rely on the information provided to us by the payment schemes (Visa or Mastercard as applicable) and other parties to provide Super Booster to you. We will apply reasonable measures to ensure the information they provide to us is accurate but, as long as we do that, we are not responsible to you if they give us incomplete or incorrect information. 

11.2. If you believe you have not received Rewards which you should have done, please make contact by referring to section 12 above. 

11.3. If you do not receive Rewards and we are at fault, we will use reasonable efforts to resolve that situation for you. Even if we are not at fault, we will also help you to find out why you have not received any Rewards which you believe you should have received.

11.4. You will be responsible for any losses you may suffer arising from your wilful breach of these Super Booster Terms and Conditions, deliberate misuse of Super Booster or gross negligence. “Gross negligence” means that something you have done or have not done which is very obviously wrong or careless.

11.5. Super Booster is for personal use only. If you use it for any business purposes, we will not be responsible to you for any business losses.

11.6. While we will try to ensure that Super Booster is available for you to use at all times, we cannot promise that it will always be available. We may have to suspend access to Super Booster if we need to implement system changes, make upgrades, conduct maintenance or deal with technical issues. We will try to keep these periods to a minimum and you will be provided with advance notice where possible.

11.7. We will not be responsible to you for any failure to provide Super Booster due to scheduled or required downtime, or for any reason that is beyond our reasonable control. Examples of this include (but are not limited to):

  • Payment scheme blocking our access to information from your Linked Payment Card;
  • Failure of your handset or device, or of any machine, data processing system or transmission link; or
  • Outages or lack of coverage or signal on any phone network.

11.8. We will not be responsible to you for any losses which would not have been reasonably foreseeable by us at the relevant time.

 

12. Third Parties

12.1. Covalent API may use third party suppliers to perform data analysis, administrative and ancillary services required to enable it to provide Super Booster. 

12.2. Covalent API will exercise reasonable skill and care in selecting, using and monitoring any third party suppliers we use in relation to Super Booster. 

 

13. Charges

13.1. Super Booster is free to members. There is no charge for using Super Booster.

 

14. General

14.1. We can delay enforcing our rights under the Super Booster Terms and Conditions without losing them.

14.2. If we cannot enforce any part of these Super Booster Terms and Conditions, it will not affect any of the other paragraphs or parts.

14.3. You may not transfer any of your rights and/or obligations under the Super Booster Terms and Conditions.

14.4. These Super Booster Terms and Conditions cannot be relied on by anyone who is not a party to them. No third party has the right to enforce these Super Booster Terms and Conditions.

14.5. These Super Booster Terms and Conditions and any communications we send to you will be in English. 

14.6. The Super Booster Terms and Conditions are governed by the laws of New South Wales, Australia and by using Super Booster you submit to the non-exclusive jurisdiction of the courts of New South Wales. 

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** For every dollar spent at a Partner Retailer, a proportion (between 0.5-20%, depending on the specific terms for the Partner Retailer) will be paid into your Active Super account in the form of a non-concessional super contribution. This is not redeemable as cash. Terms and conditions apply.