Terms and Conditions of Seniors Card Business Provider with a Shop Front
The Seniors Card scheme is conducted by the NSW
Ageing, Disability and Home Care Department (DADHC). Any reference to
'Seniors Card' shall mean and include any reference to DADHC.
The Business Provider:
agrees to display the Seniors Card Welcome Here Logo in a prominent place in all business outlets that participate in the agreed Offer, and not to do so in those outlets, which do not participate;
agrees to be included in the Seniors Card website (www.seniorscard.nsw.gov.au) business listings, free of charge;
agrees to be listed in the Seniors Card Discount Directory (if business/outlets are located in NSW), free of charge;
agrees to be provided with an opportunity to buy advertising space in the annual Seniors Card Discount Directory produced by DADHC;
shall not represent that DADHC or its contractors are the Provider or supplier of the Offer and acknowledges that DADHC or its contractors are not responsible for any unsold stock nor do they make any representation that any minimum number of sales will result from the program;
agrees that DADHC does not warrant the provision of any services or the supply of any goods by an advertiser or their agency as a result of a listing on the Seniors Card website or an advertisement in the Seniors Card Discount Directory;
shall not be entitled to use the DADHC name or otherwise refer to DADHC in conjunction with the Offer in any other way concerning its business or otherwise except with the prior written consent of the Department;
accepts responsibility for and warrants that it will ensure that the Offer is readily available to Seniors Card members for a period of at least 12 months commencing with the application date and with an option to renew at the publication time of the annual Discount Directory if both parties agree;
warrants to DADHC and its contractors that the Offer will conform with the description above, that products or services sold shall be free from defects in materials or workmanship and will be fit for the purposes for which the Offer is purchased by the customer and that no other Offer may be substituted without prior written approval;
agrees to keep DADHC and its contractors fully indemnified against all costs (including legal fees), claims, damages and expenses incurred by DADHC and/or its contractors in connections with any failure by the Provider to perform its obligations under this Agreement and/or in connection with the supply or any failure to supply this Offer;
agrees that DADHC and its contractors will not be involved in disputes between customers and the Provider;
consents to the making of enquiries and the exchange of information with the Office of Fair Trading and other authorities regarding its trading activities and any other matters relevant to this application;
agrees that business membership in the Card ceases when the Offer is withdrawn or is no-longer available to card holders and all Seniors Card logos will be immediately removed or withdrawn from display or from advertising material;
agrees that membership may be withdrawn by DADHC at any time at DADHC's sole discretion;
acknowledges that DADHC can refuse at its total discretion to admit to the scheme applicants who have an unfavourable record in relations to consumers and in particular vulnerable consumers.
Terms and Conditions of Seniors Card Business Provider without a Shop Front
The Business Provider:
agrees to be included in the online Seniors Card directory produced by the Department of Ageing, Disability and Home Care (“DADHC”) for the duration of the Business Provider’s Seniors Card campaign from [insert start date] to [insert finish date] (“the Campaign Period”);
shall not represent that DADHC or its contractors are the providers or suppliers of goods or services (“the Products”) offered by the Business Provider to Seniors Card Members (“the Offers”);
acknowledges that DADHC and its contractors are not responsible for any unsold stock of the Products;
do not make any representations that any minimum number of sales of the Products will result from participation in the Business Provider’s Seniors Card campaign;
acknowledges that DADHC does not endorse, recommend, represent or guarantee any Product offered by the Business Provider.
shall not be entitled to use DADHC’s name or otherwise refer to DADHC in conjunction with the Offer in any other way concerning its business or otherwise except with the prior written consent of DADHC;
accepts responsibility for and warrants that it will ensure that the Offer is readily available to Seniors Card Members for the Campaign Period with an option to renew at the publication of the online Seniors Card directory if both parties agree;
warrants to DADHC and its contractors that the Products will conform with the description of the Offer, that the Products sold shall be free from defects and will be fit for the purposes for which the Offer is purchased by the customer and that no other goods or services may be substituted for the Products;
agrees to keep DADHC and its contractors fully indemnified against all costs (including legal fees), claims, damages and expenses incurred by DADHC and/or its contractors in connections with any failure by the Business Provider to perform its obligations under this Agreement and/or in connection with the supply or any failure to supply the Products the subject of the Offer;
consents to the making of enquiries and the exchange of information with the Office of Fair Trading and other authorities regarding its trading activities and any other matters relevant to this application;
agrees that its participation in the Business Provider’s Seniors Card campaign ceases when: the Offer is withdrawn by the Business Provider; the Offer is no-longer available Seniors Card Members; it is terminated by DADHC in accordance with the provision below.
The Business Provider agrees that upon any cessation of its participation in the Business Provider’s Seniors Card campaign, all Seniors Card logos will be immediately removed or withdrawn from display or from advertising material;
Agrees that its participation in the Business Provider’s Seniors Card campaign may be withdrawn by DADHC at any time at DADHC’s sole discretion;
acknowledges that DADHC can, in its absolute discretion, refuse to admit to the online Seniors Card directory, any applicant who has an unfavourable record in relation to consumers, in particular vulnerable consumers.
