TERMS & CONDITIONS

1.    Accessing this website

a.     These terms of use (Terms) govern your access to and use of:

                                           i.         this website https://seniorsvictoria.com (Website)

b.     If you do not agree with all of these Terms including our privacy policy, do not access or otherwise use this Website or the Services or any information or materials contained on the Website.

c.     Your use of the Website or the Services means you agree to abide by the Terms below.

2.    Your rights and obligations in respect of the Website

a.     You may view and download and/or print any of the content on the Website, including all text, graphics, images, information or any materials on the Website (Content) that we have expressly permitted may be printed or downloaded on your personal computer, laptop, smart phone, tablet, PDA or other similar device, to avail of our Services or for use in a personal and non-commercial capacity.

b.     You agree that you will not:

                                           i.         alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person on the Website;

                                         ii.         modify or edit the Content or publish, sell or license the Content including, but not limited to, making the Content available on any other website;

                                        iii.         to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website;

                                        iv.         create any links from any other website to this Website without our express prior written permission;

                                         v.         use any Content on the Website for any commercial purpose;

                                        vi.         use any robot, spider, other automatic device or manual process to monitor or copy any Content without our prior written consent;

                                       vii.         use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; or

                                      viii.         take any action that imposes an unreasonable load on the Website’s infrastructure.

3.    Intellectual property

a.     All intellectual property rights in all Content and other information included on this Website and the arrangement of the Content on the Website is owned by us or our licensors.

b.     No duplication, public transmission, modification, deletion or reproduction of the Content may be made without our permission except for printing and storage for personal use or other specific use permitted under copyright law.

c.     Any use of the trade marks, logos or product names appearing on our Website, without permission from us or the relevant rights holder is prohibited, except where specific use is authorised under trade mark law or other laws.

4.    No professional advice

a.     The information provided on this Website is provided for general information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the services referred to on, or made available through, this Website.

5.    The Services

a.     We do not give any advice as to the appropriateness or suitability of the Services for you. We do not give or claim to give legal or financial advice. We do not claim to be linked or working with the government Seniors Card Program. It is solely your responsibility to ensure that the services you purchase through this Website meet your requirements. If you are unsure about your requirements, you should contact seniorsonline.vic.gov.au, any relevant government agency, your accountant or lawyer.

b.     By using our online registration applications, you warrant that the information you supply, including your declaration on submitting the Seniors Card, Seniors Business Discount Card or Replacement Card application is, to the best of your knowledge, accurate, complete and up to date. It is an offence to provide false or misleading information. It is your responsibility to inform us of any changes to that information. You may do this by contacting us at via email or our contact page.

c.     By letting us act as your authorised person to submit your Seniors Card, Seniors Business Discount Card or Replacement Card application through our website, you agree to the terms of https://seniorsonline.vic.gov.au (website).

d.     We may at any time request a form of identification to verify your identity, in connection with our Services.

e.     Neither we (nor any of our authorised representatives) will be liable for any charges or other damages or loss arising in connection with any incorrect information provided by you.

f.      This Website aims to provide you with clear and succinct information. However, if you misinterpret such information, we are not liable in any way for any such misinterpretation. Please contact us if you need to clarify something.

g.     We endeavour to begin working on your registration applications immediately after you have submitted them to us. For this purpose, you authorise us (through our business division seniorsvictoria.com) or our nominated representative to act as:

                                           i.         your authorised person on your behalf, in your application for a Seniors Card;

                                         ii.         your authorised person on your behalf, in your application for a Seniors Business Discount Card or Replacement Card, if relevant.

h.     Application services

                                           i.         As part of our services, we will communicate with the government agency on your behalf, using electronic communications to process your application.

                                         ii.         Personal detail checks carried out via our application forms on the Website are dependent on the Seniors Card application service on the government website. We are not responsible for any errors or omissions if their system is experiencing technical issues, such as downtime or maintenance

                                        iii.         Submission of a Seniors Card, Seniors Business Discount Card or Replacement Card through the Website does not guarantee that you will successfully obtain the card. We do not make any warranties.

                                        iv.         If your Application needs to be reviewed by the government agency, then this may delay the registration or result in your Seniors Card, Seniors Business Discount Card or Replacement Card not being successfully registered.

                                         v.         We try to submit your application as soon as possible, if for any reason your application is unsuccessful, we will notify you as soon as possible. We are not liable for any direct or indirect loss, costs or damage incurred or suffered by you due to your online application.

                                        vi.         If your application is rejected for any reason, we will advise you of the reason that your application has been rejected and offer possible solutions where it is practicable to do so.

                                       vii.         While we will try to overcome objections on your behalf, we do not make any warranty or guarantee that we will be able to do so. If your objection is not successful, we will cancel your application.

                                      viii.         As soon as we have submitted your application and have received your Card number or Card reference number, we will advise you.

6.    Fees and charges

a.     Fees

                                           i.         Unless otherwise specified in these Terms, any fees and charges payable to us must be paid by you on submission of a Seniors Card, Seniors Business Discount Card or Replacement Card application form. Your registration application or replacement form will not be successfully submitted until you pay all relevant fees and charges.

                                         ii.         Unless otherwise stated, all fees and charges are in Australian dollars.

                                        iii.         The fees are inclusive of goods and services tax (GST) where applicable.

b.     Refunds

                                           i.         To the extent permitted by law, we do not provide any refund of fees paid in connection with the Services except as stated in these Terms, including:

A.    if you notify us that you would like to withdraw your application before we have initiated the registration process. In such circumstances, we may provide you with a full refund less the Administration Charge. The decision whether to provide you with a refund under such circumstances is entirely at our own discretion; or

B.    if an application has been submitted and put on hold and not issued and you then want to withdraw your application, we may provide you with a partial refund of 50% of the application fee, at our discretion.

7.    Accuracy of information

1.     We are providing this Website and the Content on an “as is” basis. While we try to keep the information on the Website as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from this Website or the results obtained from using this Website.

8.    Availability of the Website

 .      While we try to ensure that the Website, including the Content, functionality, performance and features are available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.

a.     We may suspend your access to the Website without prior notice due to maintenance, system failure, repair or any other reason beyond our control.

9.    Privacy

0.     Our Privacy policy, which forms part of these Terms, applies to any personal information collected by us from users of the Website.

10.                  Indemnity

0.     You indemnify us (including our officers, directors, agents, subsidiaries and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using our Services.

11.                  Limitation of liability

 .      Your use of this Website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any Content available on or through this Website.

a.     Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:

                                           i.         we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and

                                         ii.         all implied conditions, guarantees, warranties and rights are excluded.

b.     We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, this Website and the Services. Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (ACL).

c.     Subject to the provisions of clauses 11(b) and 11(c) of these Terms, and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Website, the Services or the Content, including but not limited to:

                                           i.         any loss or claim relating to your registration through the Website; or

                                         ii.         if caused by any computer virus including a virus passed from this Website to your computer or other device or any third party computer, or loss of online connection to this Website, the Services or the Content, or interruption to access to this Website, the Services or the Content.

d.     Any reliance you place on, or any act done based on or in response to, the Content or this Website will be at your own risk. You indemnify us against any loss or damage of any kind suffered by you in relying on the Content or this Website.

12.                  Third Party Sites

 .      We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).

a.     We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Sites.

b.     Any links, logos, images, trade names or trade marks of a, or to a Third Party Site does not imply that:

                                           i.         the Third Party Site is in any way affiliated with us;

                                         ii.         the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or

                                        iii.         we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site.

c.     We take no responsibility for any Third Party Site accessed via the Website. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site.

d.     If you decide to link to a Third Party Site, you leave our Website at your own risk.

13.                  Termination

 .      We reserve the right to immediately terminate your access to all or any part of this Website, the Content or the Services if you breach any of these Terms.

a.     We may otherwise terminate your access to this Website, the Content or the Services upon reasonable notice, which will not be less than 7 days.

14.                  Modification to Terms

 .      We may amend these Terms and any of our other policies relating to the Website, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified.

a.     You are responsible for reviewing these Terms regularly. Continued use of this Website and our Services after any such amendments constitutes your consent to such amendments.

15.                  General

 .      These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.

a.     If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect.

b.     These Terms record the entire agreement between you and us in relation to your use of this Website, the Content and the Services.