Coupon Card Program Membership - Terms & Condition of Use.
The laws of the State of Victoria, Australia govern the terms and conditions of use of the Coupon Card Discount Card Membership Program ("the Program", "the Card", "cards", "Membership Card") and its website, www.couponcard.com.au ("the website", "Website") as detailed herein.
1. User Agreement
1.1. By using the Program and the Website and any of its associated services and functionality (in each case, the Website) you ("the Member", "member", "You", "you", "your" etc.) signify your agreement to be bound by these terms and conditions (“Agreement“, "Terms & Conditions") and our Privacy Policy. Please read this Agreement and the Privacy Policy carefully before using the Website or the Program.
1.2. This Agreement is formed between you and LOCALNET A.B.N. 14 582 367 985 ( "The Business", "We”, “Us”, "Our" etc).
1.3. Anyone who uses the Website and/or Program is referred to in this Agreement as “you"," You” and “your“ or "Your".
1.4. You should regularly check this Agreement to make sure you are familiar with the most current version.
1.5. If you do not agree to any of the terms or conditions of this Agreement, you must not use the Website or the Program.
1.6. We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
2. Your Use of the Website
2.1. You agree to use the Website only for purposes that are permitted by:
2.1.1. this Agreement;
2..1.2. any applicable law or regulation; and/or
2.1.3. generally accepted practice or guidelines.
2.2. You must not, nor attempt to:
2.2.1. access any part of the Website by any means other than through the interface provided by us;
2.2.2. engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
2.2.3. interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
2.2.4. use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
2.3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
3. Membership, Registration & Eligibility
3.1. You must be a registered & eligible member to obtain the benefits of the Program
3.2 Only individuals are entitled to participate in the Program or purchase a Coupon Card Membership (the “Card”, "Cards").
3.3 Corporations, firms, trusts, partnerships and other entities (other than individual persons) may not use the Card.
3.4. When registering and activating your membership, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.
3.5. We reserve the right to accept or reject your application for membership for any reason and without providing your with our reason.
3.6 To be eligible for registration, you represent and warrant that:
3.6.1 you are at least eighteen (18) years of age; and
3.6.2 you will use the Website and Card in accordance with this Agreement.
4. Merchants, Discounts & Offers
4.1 The Membership Card can be used to obtain discounts and promotional offers from participating organizations ("Merchants", "Program Participants") in various industries. Program Participants and their addresses or contact details are listed on Our website. We cannot guarantee that all members of a franchised system will all be Program Participants, even if some of them are.
4.2 Discounts and offers that are available using the Card are personal to You, the Card holder . They are not transferable, and cannot be exchanged for cash, credit or any other form of payment or value. The Card is not a charge, credit, stored value card or gift card. Cards are not transferable and remain Our property.
4.3 The Merchant Program Participants, their addresses and/or contact details and their discount and promotional offers are listed on Our website. You must be a registered Member and logged in to view the current offers and participating Merchants' details.
4.4 Both the Program Participants and their discount and promotional offers may change from time to time, and are regularly updated on Our website. You should check Our website regularly.
4.5 Program Participant offers are valid from the time they are published on Our website, and deemed to be expired upon removal from the website. You understand that Program Participants may not honor offers once they have been removed from the website.
4.6 In order to claim a promotional or discount offer from a Program Participant, You will be required to present the Card at the time when You book, purchase or pay for eligible goods or services from the Program Participant. If You are making a booking with a Program Participant in person, You are required to identify Yourself as a Card holder and present the Card at the time You make Your booking, in order to be eligible to receive the discount or other promotional offer from the Program Participant. If You are making a telephone or internet booking with a Program Participant, You are required to identify Yourself as a Card holder and give the Program Participant the Card number (or enter it on their website) at the time You make Your booking or place your order, in order to be eligible to receive the discount or other promotional offer from the Program Participant. You may also be required to present the Card to the Program Participant at the time you redeem that telephone or internet booking.
4.7 Discount and promotional offers are subject to availability and Program Participants’ restrictions, exclusions and special conditions. In general, discount and promotional offers listed under the Program on the website may not be combined with any other third party discount programs or other Program Participant offers and are limited to a single claim per Membership Card unless otherwise specifically stated or permitted by the Program Participant.
4.8 You agree to be bound by the terms and conditions applicable to Program Participants’ goods and services, when you purchase those goods or services from those Program Participants.
4.9 We are not acting as agents for any of the Program Participants. Nor are any of the Program Participants Our agents, or otherwise authorised to contractually bind Us in any way. If You purchase or acquire any goods or services from a Program Participant, that transaction will be between You and that Program Participant, and You will deal with any dispute that You may have with that Program Participant in relation to their goods or services, any representation that they make, or any discount or other promotional offer that they have offered as part of their participation in the Program.
5. Membership Cards, Fees & Payments
5.1 Memberships Cards may be purchased from Our website or paticipating resellers for the price of the Membership Fee. Once you have received your Card you must visit Our website and register to become a Coupon Card Program Member, before you start using the Card.
5.2 The price of membership and other charges are shown on the website and are in Australian dollars and include GST where applicable. All membership fees are non-refundable.
5.3 All Memberships (Cards) have a fixed validity period commencing in April of each year and expiring in March of the following year. If you join anytime after April, your membership is valid only for the time remaining to the end of March of the year shown as the expiry date on your Card.
5.4 Cards may only be used for goods and services that You have booked, purchased, paid for and received during that stated validity period.of your Membership Card
5.5 Any tampering with or alteration to a Card has the effect of automatically invalidating it, and your membership.
5.6 Replacement cards will only be issued upon receipt of payment equivalent to the membership fee. and no refund will be payable to You if a Card is lost, stolen, damaged or destroyed.
5.7 Card remains Our property at all times and must be returned or destroyed at our request.
5.8 Cards are not transferable and You will be solely responsible for the misuse of your Card.
5.9 Merchants are not required to honor offers if you are unable to present a valid Membership Card.
6. Changes to the Website and Program
6.1. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
6.2 We may from time to time also change the way the Program operates or
6.3 suspend or terminate the website and Program at any time without any liability to You or any other person.
7. Termination
7.1. We may stop (temporarily or permanently) providing access to the Website at our discretion and without prior notice.
7.2. We may terminate or suspend your membership or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.
7.3. We will not be liable to you or any third party in the event of us taking actions under clauses 7.1 and 7.2.
7.4 You may terminate your Membership to the Program at any time by simply returning your Membership Card to us and notifying us in writing.
8. Representation or Warranty
8.1 You acknowledge and agree that apart from where required by law, this website and all website content and goods and services that We provide (including the Card) are provided “as is” without warranties of any kind, expressed or implied.
8.2 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
8.3 Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
8.3.1. errors, mistakes or inaccuracies on the Website;
8.3.2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
8.3..3. defamatory, harmful, offensive or unlawful conduct of any user on the website;
8.3.4. personal injury or property damage of any nature resulting from your access to or use of the Website;
8.3.5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
8.3.6. any interruption or cessation of transmission to or from the Website;
8.3.7. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
8.3.8. the quality of any product or service provided by Merchants.
8.4 We do not warrant, endorse, guarantee or assume responsibility for any other websites, content or resources linked to or from Our website.
8.5 You warrant to Us that all of the information that You provide to Us when applying for Membership is true and correct. Without limiting Our rights, We may cancel the Card that we have allocated to You, if any of that information is false or misleading in any way.
8.6 You acknowledge that apart from where stated to the contrary in these terms and conditions, We have not made any representations or given any warranties:
8.6.1 that any particular discount will be available to You on presentation of the Card to any Program Participant; or
8.6.2 as to the availability, or the nature, functionality, quality or fitness for any purpose of any goods or services that You order or acquire from Us or from any Program Participant.
9. Disclaimer & Indemnity
9.1 We do not accept any liability whatsoever with regard to goods or services provided by any Program Participants or a Program participant’s failure, delay or refusal to supply any goods or services, or any discount or other promotional offer, whether or not in connection with the Program. The rights, if any, that You may have in connection with those matters are solely against the Program Participant. All goods and services supplied to You by any Program Participant will be subject to the terms and conditions of the Program Participant supplying the goods or services, which will constitute the only contract in connection with that supply.
9.2 Except as provided by law, neither We nor Our related corporations nor Our employees, officers and agents will be under any liability to You, whether in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
(a) the Card,
(b) the Program;
(c) Your use of the Card and participation in the Program;
(d) the accuracy, completeness or usefulness of any website content or information contained in Our website, or
(e) any goods or services offered or supplied by Us pursuant to these Terms and Conditions or by any Program Participant.
If We suffer or incur any loss or damage in connection with any breach by You of these Terms and Conditions, You agree to indemnify Us for those losses and damages.
9.3 We do not accept any liability in respect of death or injury, or consequential damages arising from or in connection with the supply of any goods or services by a Program Participant, the conduct of the Program, or the loss or destruction of a Card.
9.4 To the extent permitted by law, Our liability in respect of any goods or services that We supply to You Ourselves is limited to any one or more of the following (at Our discretion):
(a) replacement of the goods or supply of equivalent goods or services;
(b) the repair of goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods or, in the case of services, having the services supplied again.
9.5 To the extent permitted by law, Our liability in respect of:
(a) the Card,
(b) the Program;
(c) Your use of the card and participation in the Program;
(d) the accuracy, completeness or usefulness of any website content or information contained in Our website, will not exceed in the aggregate the amount that You have actually paid Us in respect of the Card.
9.6 Information about products and services on the Website is based on material provided by Merchants. You understand and agree that except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by Merchants changing products or services without notice to us.
9.7 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
10. Intellectual Property
10.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
10.2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
10.3. You may not:
10.3.1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
10.3.2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
10.4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
11. Transfer and Assignment
11.1. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
11.1.1. we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
11.1.2. we shall be entitled to assign the benefit of any agreements we have with you to the third party.
12. General
12.1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
12.2. This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
12.3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
12.4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
13. Privacy and Personal Information
13.1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.
Terms and Conditions last updated on 7 January 2014.
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