Loyalty Program Terms and Conditions

Last updated: 21.08.2026

1. Introduction

1.1. The Loyalty Program (the "Program") is operated by the Business, as defined in Appendix A ("we", "us", "our", or the "Company").

1.2. These Terms and Conditions govern the Program and the relationship between the Company and the Program members.

1.3. By registering for the Program, you agree to these Terms and Conditions and are bound by them, as may be amended from time to time.

1.4. You also consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Notice, available at the link specified in Appendix A, which is incorporated herein by reference. You also acknowledge that we may disclose your personal information to our supplier Tabit Technologies Pty Ltd. ("Tabit") and you consent to Tabit processing your personal information in accordance with its privacy notice (https://legal.tabit.cloud/au-documents/online-documents/au-online-privacy/) ("Tabit Privacy Notice").

1.5. Membership in the Program is intended for private individuals only and for personal use. It is not intended for businesses, corporations, institutions, or similar entities.

1.6. The Company may engage third parties to provide the Program and/or related services, who will act on behalf of the Company.

2. Membership Eligibility and Registration

2.1. Membership is available to individuals who are 18 years of age or older.

2.2. To become a member, you must complete the registration process, which may include providing personal information such as your name, contact details, and date of birth . Membership is free of charge and is personal to you.

2.3. You are responsible for maintaining the accuracy of your membership details. Please inform us of any changes to your contact information.

2.4. Subject to applicable law, we reserve the right to refuse membership to any person at our discretion.

2.5. The responsibility for providing accurate information on the registration form, including contact details, and for updating the Company regarding any changes to these details, lies solely with the customer. The customer shall have no claim against the Company, including in cases of non-delivery of communications, updates, notifications, or benefits due to errors in providing details or failure to update said details.

2.6. Each individual may hold only one membership account in the Program. The creation of multiple accounts by the same individual is not permitted. If we identify duplicate accounts, we reserve the right to merge or terminate the duplicate account(s) at our discretion, and any Cashback Points associated with duplicate accounts may be forfeited. In the event of a merge, the Company will determine in its sole discretion which account and associated points balance is retained.

3. Earning Cashback Points

3.1. Members earn Cashback Points on eligible purchases made at the Business's locations. The earning rate and dollar value per point are set out in Appendix B. Accumulation is subject to a daily transaction limit and a maximum point balance, as specified in Appendix B. Purchases in excluded categories, as listed in Appendix B, do not earn Cashback Points.

3.2. The following are excluded from earning Cashback Points in all cases, regardless of any other terms: (a) delivery fees, service fees, and gratuities; (b) gift card purchases; (c) any item or order that has been discounted for any reason, whether through a loyalty program benefit, a promotional offer, or any discount applied at the point of sale.

3.3. To earn Cashback Points, you must identify yourself as a member at the time of purchase by providing your phone number. Points cannot be credited retroactively — once a transaction is closed, it is complete and no points will be added for that transaction.

3.4. Cashback Points are earned exclusively on purchases made directly through the Business's own ordering channels. Purchases made through third-party delivery or ordering platforms are not eligible to earn Cashback Points, regardless of whether the Business's products are available on such platforms.

3.5. Cashback Points earned on a purchase will be available for redemption starting from the next purchase following the purchase on which they were credited.

3.6. We reserve the right to adjust the earning rate, eligible purchases, accumulation limits, and other aspects of the Cashback Points system at any time with 30 days' prior notice to members.

3.7. In case of any transaction cancellation, the Cashback Points earned for that transaction will be automatically cancelled. For the avoidance of doubt, no rights will accrue to the member as a result of paying cancellation fees.

3.8. Refunds and Redeemed Points. If a purchase on which Cashback Points were redeemed is subsequently refunded or cancelled, redeemed points will not be automatically restored to your account. To request reinstatement of redeemed points in connection with a refund, you must contact us using the details in Appendix A and provide both the original transaction receipt and the refund receipt. Approved reinstatement requests will be processed at our discretion. Points earned on the refunded purchase will be cancelled in accordance with clause 3.7. The Company will have no obligation to reinstate redeemed points in the absence of the required documentation.

4. Redeeming Cashback Points

4.1. The dollar value of each Cashback Point is set out in Appendix B.

4.2. Cashback Points can be redeemed freely at any time for any purchase at the Business's locations.

4.3. There is no minimum redemption amount. You can redeem any number of points, up to the full value of your purchase.

4.4. To redeem Cashback Points, simply inform our staff at the time of purchase that you wish to use your points. You must identify yourself as a member by providing your phone number.

4.5. Cashback Points can be used for full or partial payment of your bill. If your points do not cover the entire bill, you can pay the remaining balance using other accepted payment methods.

4.6. Redemptions cannot be reversed once processed.

4.7. Cashback Points have no cash value and cannot be exchanged for cash or transferred to other members.

5. Expiry and Cancellation of Points

5.1. Cashback Points will expire after the period specified in Appendix B from the date of issue if not redeemed.

5.2. Enforcement and Abuse.

(a) We reserve the right to investigate any membership activity that we reasonably suspect involves fraud, abuse, misuse of the Program, or violation of these Terms and Conditions.

(b) If, following such investigation, we determine that a member has engaged in fraudulent or abusive activity, we reserve the right to: (i) suspend or terminate the membership without notice; (ii) cancel, reverse, or forfeit any Cashback Points earned in connection with such activity, including points already credited to the account; and (iii) take any other action we deem appropriate in our reasonable discretion. Reinstatement of a suspended or terminated membership is at our sole discretion.

(c) We will not be liable to any member for any loss or damage arising from enforcement actions taken in good faith under this clause, including actions taken based on a reasonable but ultimately incorrect suspicion of fraud or abuse, or the cancellation or forfeiture of Cashback Points.

5.3. Inactive Accounts. An account is considered inactive if no purchases, redemptions, or other account activity have been recorded for a period of 24 consecutive months. We reserve the right to close inactive accounts and void any remaining Cashback Points balance without further notice to the member. Prior to closing an inactive account, we will make reasonable efforts to notify the member using the contact details on file.

6. Additional Benefits

6.1. The purchase of Company products as part of benefits and/or promotions given to members shall be made only through payment in cash or credit card. No other means of payment will be accepted, including coupons, vouchers, compensations, credit points, gift cards, discount cards, and the like.

6.2. The redemption of benefits is subject to the availability of products in the branch inventory where the customer wishes to redeem the benefit.

6.3. Each benefit can be redeemed only once, unless otherwise stated.

6.4. The Program may offer additional benefits to members, including time-based or milestone rewards. Details of any such benefits, if offered, are available on the Business's website or as communicated to members from time to time.

6.5. Any additional benefits are offered at the sole discretion of the Company and do not constitute a commitment to provide such benefits on an ongoing basis. The Company reserves the right to modify, suspend, or discontinue any additional benefit at any time.

7. Communications

7.1. By joining the Program, you consent to receive communications from us regarding your account and Program offers. The collection, use, and processing of your personal information, as well as your rights regarding marketing communications, are governed by our Privacy Notice, available at the link specified in Appendix A.

7.2. Please note that even if you opt out of marketing communications, we may still contact you with important information related to your account or these Terms and Conditions.

8. Modifications to the Program

8.1. We reserve the right to make changes to the Program, including modifications to these Terms and Conditions, the way Cashback Points are earned, redeemed, or expire, and any other aspect of the Program.

8.2. Minor or operational changes — including adjustments to excluded purchase categories, daily transaction limits, point balance caps, and contact or administrative details — may be made at any time and will take effect upon posting to the Business's website or notification through the Program.

8.3. Material changes that may adversely affect members' ability to earn or redeem Cashback Points will be communicated with at least 30 days' notice via email and/or prominent notices on our website and in our locations. This will allow you to cancel your membership within that notice period if you do not wish to accept the relevant change.

8.4. Your continued participation in the Program after changes are made constitutes your acceptance of those changes. If you do not agree with the changes, you may cancel your membership in the Program.

8.5. We may suspend or terminate individual memberships without notice in cases of suspected fraud, abuse of the Program, or violation of these Terms and Conditions.

9. Limitation of Liability

9.1. We will use commercially reasonable efforts to deliver the Program to you in accordance with these Terms and Conditions. However, you acknowledge and agree that we will not be liable to you for any failure to comply with these Terms and Conditions that is beyond our reasonable control.

9.2. Subject to clause 9.4, our liability to you will in all cases be limited to an amount that is the greater of: (a) the amount of Cashback Points on your account at the time the event giving rise to liability occurred; or (b) the amount of Cashback Points that should be on your account but are not due to an error by us.

9.3. Subject to clause 9.4, and with the exception of us honoring or paying you the value of any Cashback Points that you may be entitled to, in no circumstances will we be liable to you for any indirect or consequential loss (this includes loss of revenue or profits, loss of opportunity, and any other commercial or economic loss of any kind).

9.4. Nothing in this clause 9 limits or excludes any of your rights and remedies which we are not lawfully permitted to so limit or exclude. To the extent that the consumer guarantee provisions of the Australian Consumer Law apply to our supply of any goods or services to you, and we are lawfully permitted to limit our liability, we limit our liability for any failure to comply with a consumer guarantee to, at our election: (a) resupplying the relevant goods or services to you; or (b) paying you the cost of having the relevant goods or services resupplied.

10. Governing Law

10.1. These Terms and Conditions are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the federal courts of Australia sitting in Victoria.

11. Program Termination

11.1. The Company reserves the right to suspend, modify, or terminate the Program at any time, for any reason or no reason, at its sole discretion.

11.2. In the event of full Program termination, the Company will provide members with at least 90 days' written notice, during which members may redeem any outstanding Cashback Points in accordance with these Terms and Conditions.

11.3. Upon expiry of the notice period, any unredeemed Cashback Points will be automatically forfeited and will have no cash or other value. The Company will have no further obligation to members in respect of forfeited points.

11.4. Beyond honoring the notice period set out in clause 11.2, the Company will not be liable to any member for any loss, damage, or claim arising from the suspension, modification, or termination of the Program.

By participating in the Program, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

Appendix A – Business Configuration

Field

Value

Business Legal Name

Phix Hospitality Group PTY LTD

ABN

74 640 332 190

Operating Name / Brand

Bar Nina

Principal Business Address

85a Stanley St Darlinghurst 2010

Privacy Notice URL

www.barnina.au/loyaltyprivacynotice

Contact Email

info@barnina.au

Appendix B – Points Terms

This Appendix sets out the specific parameters that apply to the earning, redemption, and expiry of Cashback Points under the Program. The highlighted values below should be completed by the Business prior to publication.

1. Each Cashback Point has a dollar value of  $1.00 .

2. Members earn Cashback Points at a rate of  10%  of the total eligible spend per transaction.

3. Points are not earned on purchases in the following excluded categories: None

4. A member's Cashback Point balance may not exceed [ $200] at any time.

5. Points may only be earned on [ 2 ] transaction(s) per member per day.

6. The maximum value of Cashback Points that may be applied to a single transaction is [ $200].

7. Cashback Points that are not redeemed will expire [ 12 ] months from the date on which they were issued.