Tony & Mark’s Loyalty Program Terms and Conditions

Terms and conditions apply to your participation in the Tony & Mark’s Loyalty Program, and use of the Program website (at In this document, when we say we, us, our (etc.) we are referring to Tony & Marks. When we say you, your (etc.), we are referring to the individual / member of the Program.

Your Agreement with Tony & Mark's

We own and operate the Program and the Site. Your registration for, or participation in, the Program constitutes acceptance of these terms and conditions. We may vary the terms and conditions of the Program from time to time and the current version of the terms and conditions will always be available on the site. If you do not accept changes to the terms and conditions you can terminate your membership by contacting our team (see “Leaving the Program” below). If you continue to participate in the Program, that will constitute acceptance of the updated terms and conditions.

Your Privacy is Important to us

This document should be read in conjunction with the Tony & Mark’s Loyalty Program privacy policy Any personal information about you that is collected in connection with your participation in the Program, will be handled in accordance with these privacy policies.

How to Get Started

Membership of the Program is free. In order to join the Program, you must meet the eligibility requirements (see further under “Your and our responsibilities” below). 

To join you will need to:

(a) Collect a loyalty card in store and
(b) register your account online at 

If you do not provide the information requested in the registration process, you may not be able to fully participate in the Program. As part of the registration process, you will need to:

• Provide a valid email address;
• Provide the unique identifier printed on your loyalty Card;
• Provide a valid phone number and address;
• Agree to receive communications (including by electronic means) as part of the Program.

Full details of how to register can be found at

The Program is a loyalty program through which we provide member offers, deals and promotions (including third party offers, deals and promotions), targeted communications, and the opportunity to participate in competitions and prize draws. The Program is reliant on electronic communications. By agreeing to participate in the Program, you agree to receive electronic communications, the products and services offered through the program, details of promotions and other benefits. If we determine that your email address is not valid, or if you unsubscribe from receiving future electronic communications or offers provided under the Program, you may not be able to receive some or all of the Program benefits (for example, you will no longer receive automatic entry into prize draws) and we may suspend or terminate your participation in the program in whole or in part.
Once you are a registered member, you will have access to all the current benefits (see “Program Member Offers and Rewards” below). Generally, any “in-store” benefits (such as member special pricing and automatic competition entries) will only be available at a Tony & Mark’s store. Your eligibility to receive program benefits may be reduced or removed if you do not complete all of the information requested at registration.

Your and Our Responsibilities

Any Tony & Mark’s Loyalty Program branded Card issued to you, remains our property. You are responsible for its safekeeping, and for the security of your account.

To be eligible for a program account you must:

• Be a resident of Australia;
• Be aged 18 years or over;
• Use your real full name and only provide accurate information to us in relation to the Program;
• Only maintain one program account at any given time; and
• Have full power and authority to register for the program and accept these terms and conditions.

You must provide accurate information about yourself (included in the registration process) and update your account online with any changes to that information. You must not transfer your Program account to another person or allow anyone else to use or receive the benefits of use of your Program account. You must not use your card, the website or any program benefits we provide in any unauthorised or illegal manner.
Our responsibility is to provide the program in accordance with these terms and conditions. We are not responsible if you are unable to access or receive program benefits as a result of your failure, including a failure to provide accurate details or update your details in your account. Where we reasonably believe it is necessary to protect your or our interests, we may decline to issue, withdraw, suspend or cancel your program account and/ or card, and remove Program benefits at any time if we reasonably believe that you:

• Are abusing or attempting to abuse the Program;
• Have materially breached these terms and conditions or the terms and conditions of any Program offers or benefits; or
• Are involved in any behaviour relating to our Program that involves theft, fraud, misconduct, abusive, offensive or other inappropriate behaviour, or the supply of false or misleading information.

The Program is only for personal use. The Program cannot be used for any business transaction or purpose.

Program Member Offers and Rewards

The purpose of the Program is to reward your loyalty to Tony & Mark’s and provide you with member deals and benefits. The program also enables us to gain insights into shopper trends, store and marketing campaign performance and other aspects of customer behaviour and retail performance. This will enable us to provide you with relevant offers and enhance your experience as a valued Tony & Mark’s customer.

Benefits of participation in the Program include:

• Access to third party offers on products and services;
• Targeted marketing communications in relation to the Program, offers and deals provided under the Program; and
• Automatic electronic prize draw entry for promotions.

You must present your card at the checkout in your Tony & Mark’s Store to take advantage of any “in-store” benefits and follow the directions provided in member communications and offers to access other Program benefits. Certain products, including gift cards do not qualify for Program discounts and savings, and will not be included in the calculation of qualifying spend or otherwise recognised for the purposes of automatic electronic prize draw entries or other offers. Other products may be added to the above list of excluded products at our discretion. Lists of excluded products will be posted on the Site and/or notified to you via email.
Cards do not have any monetary value, and member benefits are not transferable or exchangeable for cash.

In-store Member Deals

In-store member deals will include discounts and savings on selected products from time to time. Product deals, special offers and other benefits are determined by us, or your local store in our complete discretion and may vary from time to time. We have no obligation to you to make available any deals, offers or benefits in any particular period or at all. Availability of member deals depends on stock availability at your local store. You should be aware that your local Store may not stock all products or varieties for which member deals are promoted, or stock any products or varieties at all times.

Automatic Electronic Prize Draw Entry for Members

Automatic electronic entry to selected Program prize draws is a key benefit of the Program for shoppers who scan their card at their participating local store during the relevant promotion period and otherwise meet the eligibility requirements of the Promotion.

Details of current promotions, including the prize, any eligibility requirements (such as qualifying spend) and the specific terms and conditions of the Promotion will be available on the Site during the relevant promotion period and will be emailed to you prior to commencement of the promotion. You agree that if you scan your Card during the relevant promotion period and otherwise meet the promotion eligibility requirements, you will automatically be entered into the promotion. Promotions are subject to the following general terms and conditions, as well as any promotion-specific terms and conditions (which will prevail if there is any inconsistency):

  1. The Promoter is Tony & Marks, unless otherwise stated.
  2. The Promotion commences and ends on the dates specified by the Promoter. Details of when, where and how the draw will take place, prizes and other promotion-specific details (e.g. eligibility requirements) will also be specified by the promoter.
  3. Entries are deemed to be received at the time your card is swiped in connection with a qualifying transaction at your store. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  4. Information on how to enter and prizes notified to you by the promoter, including additional promotion terms and conditions notified to you via email and/or on the site, form part of the promotion conditions.
  5. Entry is open to residents of South Australia, unless otherwise stated. Employees (and the immediate family members) of agencies/companies directly associated with conducting the promotion, of the participating Tony & Mark’s, the promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  6. To be eligible for entry into the promotion, entrants must, during the relevant promotional period:
    a. Be a registered and subscribed member of the program; and
    b. Present their card when making a qualifying transaction at their Tony & Mark’s store. (Please note that certain products, as described in the promotion-specific terms, will not be taken into account in calculating any qualifying spend for promotion purposes).
  7. Members receive one entry per every $20 spend (or as otherwise provided in the promotion-specific terms and conditions).
  8. Each winner will be notified using the email address or phone number linked to their membership account.
  9. Prizes are not variable or transferable. Prizes are not redeemable for cash. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, they forfeit the prize and the promoter is not obliged to substitute the prize.
  10. The Promoter’s decision is final and binding – No correspondence will be entered into. The promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
  11. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these general promotional terms and conditions or any promotion-specific terms restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  12. If for any reason any aspect of a Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the promoter, the promoter may in its sole discretion cancel, terminate, modify or suspend the promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  13. In the event that a prize (or any part of a prize) becomes unavailable for reasons beyond the promoter’s control, the promoter may substitute that prize (or the relevant part of the prize) with a prize of equal or greater value.
  14. The promoter reserves the right, at any time, to validate and check the authenticity of entries and entrants’ details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software (except as expressly permitted under these terms) or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  15. The promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of a promotion. In the event that there is a dispute concerning the conduct of a promotion, the decision of the promoter is final and binding on each entrant and no correspondence will be entered into. Failure by the promoter to enforce any of its rights does not constitute a waiver of those rights.
  16. The promoter and its associated agencies and companies will not be liable for any loss (without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with a promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  17. Details from entries will be collected and used for the purpose of conducting the relevant promotion (which may include disclosure to third parties, for the purpose of processing and conducting the promotion) and for promotional purposes. By entering a promotion, entrants’ consent to the use of their information as described and agree that the promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. Entrants may access, change and/or update their personal information at All personal information will otherwise be held by the Promoter in accordance with the promoter’s privacy policy.

Targeted Marketing Communications

A key benefit of the program is that from time to time you will receive targeted marketing communications to the contact details you have provided (via email, SMS, etc.). You can opt out of receiving marketing communications at any time by managing your preferences or by using the unsubscribe function in the emails or by contacting us using the details provided in our privacy policy at However, when you opt out of receiving marketing communications, you will also cease to be eligible for automatic prize draw entry to promotions.

Access to Third Party Offers

Another benefit of the Program is that you may access member-exclusive offers for third party goods or services. These offers will vary from time to time, and we make no commitment regarding the ongoing availability of any offers.

Members may accept those offers by contacting the third party provider directly. Any agreement for the provision of goods and services will be entered into directly by the member and the third party (or its nominee). You are responsible for evaluating whether you want to access those third party offers and you should review any applicable terms or policies of that third party.

Other Member Rewards and Benefits

Any other member rewards or benefits which we offer from time to time will be published at

Lost, Damaged or Stolen Cards

If your Card is lost, damaged or stolen please email Our team will be in touch to issue a replacement card.

Changes to / Cessation of the Program

We are under no obligation to continue to offer the Program. We reserve the right to change these terms and conditions and any other rules or benefits of the program, at any time. We will give you reasonable notice (including by posting on the site and/or by email) of any material change to, or cessation of, the program or material changes to these terms and conditions.

Leaving the Program

You can choose to leave the program at any time. You may cancel your membership by using the “Contact us” option on the site or by any other account-closure method we may make available. If you cancel your membership, you will not be eligible to receive program member benefits and any pending benefits not already received by you will be automatically forfeited. If you used your membership of the program to accept a third party offer, your agreement with that third party will remain subject to its own terms.

Third Parties and Our Liability

While we own the Program, we have third parties that help us operate it and selected businesses and organisations that we may promote through the Program. You acknowledge that Tony & Mark’s and our third party service providers will handle your data.

If you are also a member of a Third Party Program, the operator of that Third Party Program may also use your data in accordance with its own terms and conditions and privacy policy. We may receive data from the Third Party Program provider, and may also provide your data to them in connection with our administration of the program and to enable your enrolment in their program (see under “Third Party Programs” for more information).

You also acknowledge that third party offers that may be made as part of the program are made on behalf of those third parties and that we are not responsible for providing and do not endorse those third parties or third party offers. Tony & Mark’s is not responsible for any agreement you subsequently enter into with a third party as a result of a third party offer.

Consumer protection legislation may confer rights and remedies on you which cannot be excluded, restricted or modified (Non-excludable Rights). Nothing in these terms and conditions is intended to exclude, restrict or modify your non-excludable rights. Nevertheless, to the maximum extent permitted by applicable law, you agree that we will not be liable to you for any loss, damage, cost or expense you may suffer, due to:

• Tony & Mark’s and other program participants’ conduct, representations, products and/or services;
• Events beyond our reasonable control; or
• The suspension or termination of your account in accordance with these terms.


Subject to your Non-Excludable Rights, we do not guarantee that the functions contained on the site will be uninterrupted or error free and do not warrant that the site or its server is free of computer viruses, bugs or other harmful components or that defects will be corrected even if we are aware of them.

Furthermore, to the extent permitted by law and subject to your Non-Excludable Rights, neither we nor any party involved in creating, producing or delivering the program or site accepts any liability for the accuracy, timeliness or completeness of the information contained on the site or any responsibility for any errors or omissions in the content on the site whether or not we are aware of such errors or omissions, nor do we or they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access the site or program, whether arising in tort, contract or otherwise.

Unless otherwise noted, all materials on the Site are protected as copyright, trade names, trademarks or are other intellectual property owned by us and/or our affiliates or by other parties that have licensed their material or trademarks to us. Other than viewing and downloading content from the Site for purposes permitted on the site, you do not have the right to use these intellectual property rights without the written permission of their owner. You agree that you will not use the Site for any unlawful or improper purpose. You will not violate or attempt to violate the security of the site. All rights not expressly granted are reserved.

Links may be included on the Site which will allow you to connect with sites that are not under our control. We provide these links only as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the contents of any linked site. You access them at your own risk. You should carefully review the terms of use and privacy policies of all external websites that you visit.


Your use of the program does not grant you any rights in the program. These program terms and conditions and the Tony & Mark’s Rewards privacy policy (available at constitute the complete and exclusive agreement between you and us about the program. These terms and conditions supersede any and all prior agreements and/or agreements made at the same time as you accepted (or reaccepted) these terms and conditions. A failure to enforce any right or provision of these terms and conditions will not restrict either you or us from enforcing that right or provision now or in future.