TERMS AND CONDITIONS APPLICABLE TO BUSINESSES PARTICIPATING IN NSW SENIORS CARD SCHEME
Please read these terms and conditions as they will apply immediately to all businesses whose applications to participate in the NSW Seniors Card Scheme are approved.
The NSW Seniors Card Scheme is administered by the NSW Department of Communities and Justice. The Department may at any time engage a third party to administer the Scheme on its behalf. Therefore, references in this Agreement to the DCJ include any third party engaged or appointed by DCJ to administer the Scheme.
Agreement means the agreement represented by these Terms and Conditions;
Commencement Date means that date when You are notified that Your application to be registered as a Participating Business is approved;
DCJ means the NSW Department of Communities and Justice;
Discount means the percentage discount stated in (and approved by Us) in your application for registration as a Participating Business;
NSW Fair Trading means NSW Fair Trading Operations Intelligence branch within NSW Department of Communities and Justice
Offer means the Discount available to Card Holders who purchase goods and/or services from You;
Participating Business means a business in respect of which an application for registration as a participant to provide discounts and benefits under the Seniors Card Scheme has been approved;
Senior or Card Holder means any person holding a either a valid Seniors Card or Seniors Savers Card, being a card issued by or on behalf of the DCJ to a person who satisfies the eligibility criteria determined by or on behalf of DCJ in its sole discretion and that may be amended by DCJ at any time;
Seniors Card Welcome Here Logo means the Logo in the form, style and get up approved, from time to time, by Us;
Seniors Card Scheme or Scheme means the scheme administered and coordinated by DCJ, whereby DCJ issues Seniors Cards to members of the public, and Participating Businesses register to participate in the Scheme to provide discounts and benefits to Card Holders;
You or Your means the Participating Business;
We or Us or Our means the DCJ.
2. Acceptance of Terms and Conditions
You accept that you will be bound by this Agreement from the Commencement Date.
This Agreement will continue to apply until:
3.1 You give Us not less than 3 months’ written notice that You want to withdraw from the Scheme, or You tell us this after We have given You written notice of a change to this Agreement under paragraph 9 below; or
3.2 We give You written notice that You no longer meet the eligibility requirements to be a Participating Business or You have breached this Agreement or We end the Seniors Card Scheme.
4. Obligations of Participating Business
You agree to:
4.1 display the Seniors Card Welcome Here Logo in a prominent place at all Your business outlets other than at those outlets in respect of which You have notified us, at the time of making Your application for registration as a Participating Business, will not participate in the Scheme;
4.2 not alter or use the Seniors Card Welcome Here Logo in any way not authorised under this Agreement or in writing by Us;
4.3 ensure that the Offer is made available to all Card Holders;
4.4 not change the Offer without Our written consent;
4.5 ensure that all goods and services which form part of the Offer comply in all respects with the requirements of the Australian Consumer Law and any other applicable laws;
4.6 use Your best efforts to resolve any complaints or queries raised by a Card Holder fairly, promptly and in accordance with applicable law;
4.7 not make any representations on behalf of Us or any other agency or instrumentality of the NSW Government except as expressly permitted under this Agreement. For clarity, You must not make any statement that could create the impression that We or the Government of NSW is the provider of the Offer or the goods and/services being acquired by a Card Holder from You, or that We or the Government of NSW has endorsed the Offer or Your goods and/or services;
4.8 immediately remove the Seniors Card Welcome Here Logo from all Your outlets on the termination of this Agreement;
4.9 ensure that the terms of this Agreement are complied with by any business that is a licensee of You (including a franchisee) as if that licensee was a party to this Agreement.
You agree that We have the right (at our sole discretion) to:
5.1 include (without charge to you) Your details (including name, logo, contact details and Offer on the Scheme’s website (from time to time) (currently www.seniorscard.nsw.gov.au) and on, or in, any other communication platforms and publications (including Our Senior Card Directory) relating to the Scheme. You acknowledge and accept that, provided We have given you the opportunity to check and inform Us in writing of any corrections to those details, neither We, nor any agency of the NSW Government will have any responsibility or liability to You for the content, contact and other details appearing in any of these communication platforms and publications;
5.3 to provide you with the opportunity (subject to applicable terms and conditions (including payment of fees etc.) to offer to purchase various advertising and marketing products or services (including advertising space) with Us for Your business and the Offer.
6.1 Subject to paragraph 4.6 above, You agree to promptly provide us, when requested, with all information reasonably necessary to respond to any queries raised by a Card Holder in connection with any interaction by the Card Holder and You or Your business in respect of an Offer. Despite the first sentence, You accept that it is Your responsibility to address and resolve queries and complaints directly with a Card Holder.
6.2 You also agree to promptly provide Us with any information we request that we consider to be relevant to Your participation or continued participation in the Scheme.
7. Accuracy of Application
You confirm to Us that all information contained in Your application for registration as a Participating Business was, when submitted, true and correct in all respects. You also confirm that You will notify Us in writing promptly on becoming aware that any such information is no longer true and accurate.
8. No Liability
8.1 You acknowledge and agree that neither DCJ nor any other agency of the NSW Government will have any liability to You for any loss or damage, whether direct or indirect, incurred by You as a result of or in connection with Your participation in the Scheme, any Offer, Your application for registration as a Participating Business or otherwise in relation to this Agreement.
8.2 In consideration of being authorised to participate in the Scheme, You agree to indemnify Us and the NSW Government in respect of any claim, demand, cost, damage, loss, liability or expense incurred by Us or the NSW Government as a result of or in connection with You breaching this Agreement or supplying or failing to supply the Offer.
9. Changing Terms and Conditions
9.1 You acknowledge and accept that We may change this Agreement or the terms and conditions applicable to Card Holders at any time.
9.2 We will notify You in writing of any changes to this Agreement and this Agreement as changed will become binding on You 21 days after We notify You of the changes. If you do not consent to these changes you may terminate this Agreement provided We receive Your notice of termination before the expiry of the 21 day period. If you do not notify Us of Your intention to terminate this Agreement within the 21 day period and You continue to provide Offers to Card Holders, You will be deemed to have consented to the changes and will be bound by the amended Agreement.
10. Governing Law
This Agreement is governed by the laws of the State of New South Wales and the parties agree to the exclusive jurisdiction of the courts of the State of New South Wales.
By submitting your application to become a NSW Seniors Card Participating Business, you hereby confirm that you agree to the terms of this Agreement.