Telfast have a cashback promotion offer, if you buy their product you get cashback on the retail price BUT there is a catch. Got online to the website and had to fill out FULL NAME,ADDRESS,PHONE #,EMAIL ADDRESS and given TWO options are you over 18 then do you agree to Telfast STORING and OWNING your personal information. I left that box vacant BUT it is compulsory in order to gain $7 lousy dollars. Did it reluctantly Now the battle begins. COMPLAINED to Telfast said I was informing Federal Authorities and consumer rights Suddenly they tell me alright we will send the cheque, take your name of storing your data but did you read the terms. The terms are an addenda to the application and was NOT mentioned prominently or at Chemist Warehouse, it is long and full of legal jargon,not a consumer friendly transparent company. After more argument they will send the cheque, not store my information BUT anyone else NOT arguing doesnât get this option and the company employees name is JACK, NO SURNAME or other identification. I have just SOLD my personal information for $7 and the company says we are going to protect our employees privacy but NOT yours. I will be alerting authorities how companies âharvestâ our personal information in the name of a âpromotionâ and the consumer is not FULL protected or informed how information is used ,stored,how long itâs stored and what for purpose that benefits the CONSUMER not the company.
OT but possibly of interest. I have been buying generics for years including a Telfast equivalent under the Trust brand. It is a fraction of the price of Telfast even after the rebate program.
Search âTrust Fexofenadineâ for a few hits. There is also a generic of Claratyne.
For those comfortable with generics it beats the rebate program economically and information-wise.
Unfortunately they can ask and use such information if their collection and use are included in the terms and conditions. Telfast has indicated that this is the case. Cashbacks and other free offers have conditions and the ACCC states
Consumers should read the terms and conditions of the offer carefully before deciding to buy the product.
Consumers should check:
- the expiry date of the offer
- waiting times for receiving the offer
- all the steps needed to get the offer.
Consumers should:
- make sure to complete the application carefully to meet all conditions of the offer. For example, the product serial numbers, bar code and a copy of the receipt may need to be included
- keep copies of all documents as evidence in case something goes wrong.
The ACCC also states:
Any conditions or limitations should be made clear to the consumer before the purchase. Itâs against the law for a business to mislead or deceive consumers.
The ACCC doesnât state how this should be achieved. As Telfast provides the terms and conditions on their website, they would meet this requirement. A reasonable person wouldnât expect each product to have pages and pages of terms and conditions attached to the product or within promotional materials. Usually with a cashback, product labels/promotional materials usually state a webpage to visit to obtain them. In relation to Telfast cashback T&Cs, they can be found here:
https://www.telfastcashback.com.au/terms
A reasonable person would also expect some personal information is collected as part of the cashback application process.
It is also worth noting at if one is unhappy with these T&Cs to receive the cashback, one can chose not to apply for it.
Is it now any person who is not digitally connected, and hence able to access the many pages of T&Câs is not a âReasonable personâ?
FWIW does any promotional material for the cash back offer include clear and prominent advice to the purchaser to read the T&Câs before deciding?
Itâs an annoyance to some or perhaps many in the community that we are all expected to be 100% aware of when and where T&Câs apply. Especially how the ACCC etc see the need to inform and compliance, or not!
Life IMHO is too short to read the T&Câs attached to every product and or purchase. As an average consumer the âBuyer be Awareâ principle rules. IE I accept the risk that for a minor expense it is not worth the effort.
Of course consumer and privacy law could be changed to provide greater protection. The requirement one is sharing personal or related data could be prominently included in large font on any promotion. Even on the packaging a large sticker - âGet paid for your data!â would suffice IMHO.
If a reasonable person isnât digitally connected, they can reasonably ask the retailer for further information on the cashback offer. This is another reasonable approach to take to ensure that a reasonable person has information prior to making a purchase decision and/or deciding to apply for the cashback.
Yes, this is an example:
This goes against the advice of the ACCC, If one choses to not read the T&C, then a complaint canât be made at a later date that they donât like them.
A reasonable person also knows that cashbacks have terms and conditions. The ACCC acknowledges this on their website and through stating:
Consumers should read the terms and conditions of the offer carefully before deciding to buy the product
A âreasonable personâ is legal terminology.
It is also a term defined by the ACCC:
Terms can have legal definitions as well as common definitions.
Please note as a positive the thoughtful and considered relies are always appreciated. Hopefully they answer some of the common questions others may have.
To add to the ACCC advice - always carry a magnifier just in case there is fine print. No argument about what the ACCC actually says.
Whether what the ACCC says is looking out for the best interests of the consumer or those who provide the legislation and guidance?
Ignorance has generally never been an accepted excuse. However such concepts were developed at a time when statute and common law as it might apply to consumers could be âwritâ upon a few pages. Or displayed as a short list on a counter display. These days the digital revolution has expanded the scope such that every dealing has attached a tailored and unique set of Terms and Conditions. This in addition to the many reams of consumer legislation and regulation. Plain English missing from language law professionals often find cause to argue over.
Not one here to blame the consumer if they initially overlook the T&Câs for a $7 benefit. Is the alternate ask in this discussion that some consumers expect to be free to claim the cash back, and do so without consequence of loosing anonymity or personal data.
Note:
A simple declaration. Iâve benefitted from cash backs and have weighed the gains vs risks. With Fujitsu for Air Conditioners, and the Qld Govt with their Demand Response add on. Not pocket change in value, the cash incentives for both were significant. One needs to read the T&Câs and weigh the outcomes.
Is the greater need in these examples whether the content shared is secure and any further use truely anonymised? To note for those who have purchased solar PV or more recent motor vehicles the product sale and product registration includes a degree of connectivity and tracking/monitoring. All tied to ones personal details and contact options.
You donât need a magnifying glass. If one asks almost anyone (viz. reasonable people) whether a special offer such as a cashback has terms and conditions (or things which must be done and agreed to get the cashback), they would say âyesâ. Knowing this, one knows they have terms and conditions, no differently to any interaction with a business.
If one thinks a reasonable person would would say ânoâ, then this opens up anyone contacting Telfast without meeting basic conditions such as purchasing their product(s), to ask for the $7 cashback. This is a ridiculous proposition.
One doesnât need a magnifying glass as one knows there will be terms and conditions.
If one refuses to read T&Cs and makes assumptions about what they might he, or thinks the T&Cs donât apply to them, a business making an offer can refuse providing the offer to such individuals. If businesses didnât have T&Cs, it would be impossible to operate a business.
You are correct and they do - and what I have posted and is consistent with the ACCC advice. Any every reasonable person knows this is the case.
I have never applied for a cashback nor entered a âprizeâ giveaway as I particularly donât want to be used for promotional purposes or to receive marketing materials (which are common across all T&Cs).
You are angry because ⊠big pharma want to pay you $7 to spam your personal info and you agreed?
This kind of crap happens daily with all sorts of bonus / loyalty / prize draws. Only you can decide if the effort to outsmart the marketing team is worth it.
What I use is a burner email and mobile (Sim from $5 a year at Aldi mobile).
Hint: Yes that works with c$atg&t as well but donât tell 'em.
At a store checkout teen says âwhatâs your mobile number?â I say âNone of your ⊠I mean ⊠Just a moment while I look that up. Itâs recently changedâŠâ No more store spam.
Like Phil T I buy the generic I get Heyfexo 140 tablets delivered for around $29 compared to Telfast at chemist warehouseâs 70 tablets for the same price
So you sold your soul for $7.00?
I donât see an issue here.
Itâs interesting that you only received a first name for the companyâs employee.
We recently dealt with a large home maintenance company that offers services like electrical work, roofing, and plumbing. None of their invoices or quotes included names and only first names were shown in emails, and the workers who visited were only identified by first names. When I approved a quote, I only gave my first name and signed with just my first name, which isnât part of my usual signature, and they didnât question its legality.
Chemist Warehouse is also disappointing in the competitions it runs. Purchase something and enter a âgreatâ comp (e.g. win $10k or maybe a holiday, etc.) and have to do the same inputting the individual information of course. Reading the terms and conditions states when comp will be drawn and winners published but this information can never be found on their site. Their customer help phone numbers are totally ineffective whatever the reason you may need to call for. The person (if it gets answered) on the other end of the line NEVER knows anything about anything ever! I only continue to go there as they sell medication I need that is not on PBS and is less half the price of other pharmacies. ($135 versus $60)
Thank you for this link phb! I must admit that I havenât looked for it for several months now so itâs great to see that theyâre now âon the jobâ (my constructive feedback to them must have worked 
)
