Participating Business Terms and Conditions

Preamble

Please read the Participating Business Terms and Conditions (Agreement).
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The Seniors Card Program and the Carer Card Program (hereinafter together referred to as the Program) are administered by the State of Victoria (State) as represented by the Department of Health and Human Services (Department).

The State may, from time to time, engage a third party to administer the Program on its behalf. References in this document to State include any third party engaged by the State to administer the Program.

Definitions

Application means an online application in the application form which must contain details of the Offer;

Carer or Carer Card Holder means any person holding a valid Carer Card, being a card issued by the State to a person who satisfies the eligibility criteria determined by the State in its sole discretion and that may be amended by the State at any time;

Carer Card Program means a program coordinated by the State, whereby the State issues Carer Cards to members of the public, and Participating Businesses register with the State to provide discounts and benefits to Carer Card Holders;

Participating Business means a business which makes an Application to register with the State to provide discounts and benefits to Seniors Card and Carer Card Holders;

Senior or Seniors Card Holder means any person holding a either a valid Seniors Card or Seniors Business Discount Card, being a card issued by the State to a person who satisfies the eligibility criteria determined by the State in its sole discretion and that may be amended by the State at any time;

Seniors Card Program means a program coordinated by the State, whereby the State issues Seniors Cards to members of the public, and Participating Businesses register with the State to provide discounts and benefits to Seniors Card Holders.

Eligibility Requirements

To be eligible to be a Participating Business, an applicant must submit an Application and meet the following eligibility requirements (Eligibility Requirements).

  1. The applicant must be a legal entity (e.g. a company, incorporated association or sole trader).
  2. The applicant must provide an offer that is specifically for Seniors Card Holders and Carer Card holders, provides genuine savings to Seniors Card Holders and Carer Card Holders, gives clear statements about savings for cash and credit transactions and is otherwise acceptable to the State. Discounts of less than 5% and ineffective or confusing offers will not be accepted. Discounts between 5 – 9.9% must be discussed with the State prior to being accepted.
  3. The applicant's business must be considered by the State to be appropriate to be part of the Program, having regard to the nature and conduct of the business. In considering whether the applicant’s business is appropriate, the State may take into account:
  1. any past conduct in relation to the Program;
  2. information provided by government agencies, such as (but not limited to) Consumer Affairs Victoria, the Australian Competition and Consumer Commission and the Australian Securities and Investments Commission, about the applicant or the business; and
  3. whether the applicant is solvent and engages in transparent, ethical business practices.

By submitting the Application, the applicant agrees to the State making all enquiries it considers necessary to assess the Application. The State will notify in writing approved applicants. Upon approval, the applicant becomes a Participating Business and is bound by the terms of the Agreement below. For the avoidance of doubt, the State retains absolute discretion regarding whether or not to approve the terms of an Offer (including whether or not to impose conditions or limitations on any Offer) prior to agreeing to register any Participating Business in the Program.

Agreement

This Agreement is between the State and the Participating Business.

  1. During this Agreement, the Participating Business agrees to the State making enquiries and exchanging information about the Participating Business or the directors or officers of a Participating Business with Consumer Affairs, the Australian Securities and Investment Commission, the Australian Competition and Consumer Commission or any other relevant registration, licensing or policing body at any time.
  2. The Participating Business will be accepted into the Program on the date the State informs the Participating Business in writing that it has been approved to become a Participating Business.
  3. This Agreement continues until:
    1. the Participating Business withdraws from the Program by giving three months’ written notice to the State;
    2. the State terminates this Agreement by written notice on the basis that the Participating Business no longer meets the Eligibility Requirements set out above, has breached this Agreement, or is otherwise unsuitable to participate in the Program or that participation of the Participating Business in the Program is otherwise inappropriate; or
    3. the State terminates the Seniors Card Program and/or the Carer Card Program for any reason. 
  4. The Participating Business must:
    1. make the offer contained in its Application (Offer) available at all times, except with the prior written consent of the State;
    2. display the ‘Seniors Card and Carer Card Welcome Here’ promotional material in a prominent place at all business locations listed in the Offer;
    3. use the ‘Seniors Card and Carer Card Welcome Here’ logo in accordance with the brand style guide available on www.seniorsonline.vic.gov.au for promotions within the State;
    4. only use the ‘Seniors Card and Carer Card Welcome Here’ logo in national promotions if the Offer is made to all Seniors and Carers nationally;
    5. ensure that products or services which form part of an Offer comply with the standards detailed in the Australian Consumer Law and any other State consumer legislation;
    6. not engage in conduct which breaches the Australian Consumer Law and/or any other State consumer legislation;
    7. not change the Offer without prior written consent of the State;
    8. not represent the State as the provider or supplier of the Offer or otherwise represent that the Offer is endorsed by the State or the Department;
    9. resolve consumer complaints fairly, promptly and to the satisfaction of the Seniors Card Holder and/or Carer Card Holder, as applicable;
    10. immediately cease using or displaying Program logos after termination of this Agreement.
  5. The State may at its absolute discretion:
    1. include information about the Participating Business on various communication platforms or in various publications. The Participating Business gives the State permission to publish the name, logo and details of the Participating Business and the Offer in this manner;
    2. provide information about the Participating Business in response to enquiries to the Seniors Card program team  and Carer Card program team (or any other team which may be established to handle the Program), as applicable;
    3. provide the Participating Business with the opportunity to participate in promotional events related to the Program.
  6. The Participating Business acknowledges and agrees that the State and the Department have no liability for any loss or damage, whether direct or indirect, incurred by the Participating Business as a result of or in connection with its participation in the Program, in connection with any Offer or Application, or in relation to this Agreement including, without limitation, any failure by the State to provide the services or benefits detailed in clause 5 of this Agreement.
  7. The Participating Business indemnifies the State and the Department in respect of any claim, demand, cost, damage, loss, liability or expense (including but not limited to legal fees) incurred by the State and/or the Department as a result of or in connection with the Participating Business breaching this Agreement or supplying or failing to supply the Offer.
  8. If the Participating Business is a franchisor it:
    1. Must ensure all its franchisees comply with the terms and conditions of this Agreement;
    2. warrants that, at the date of this Agreement, each of its franchisees is solvent; and
    3. indemnifies the State and the Department, on the terms detailed in clause 7, with respect to a breach of the terms of this Agreement by any of its franchisees.
  9. The State and/or Department may, at their absolute discretion, update the terms of this Agreement and/or the Terms and Conditions applicable to Seniors Card Holders and/or Carer Card Holders at any time. In the event that a Participating Business does not consent to the updated Agreement or Terms and Conditions, the Participating Business may terminate the Agreement by written notice to the Department, in accordance with Clause 3a. A Participating Business will be deemed to have consented to the terms of the Agreement if it provides Offers to Seniors Card Holders or Carer Card Holders and/or does not notify the Department in writing that it intends to terminate the Agreement in accordance with the notice provisions in clause 3a.
  10. The Participating Business agrees to comply with all applicable laws.
  11. This Agreement is governed by the laws of the State of Victoria and the parties agree to the exclusive jurisdiction of the courts of the State of Victoria (and the courts that may hear appeals therefrom) in the event of any dispute.