Terms and Conditions - Business Registration Form

Between: The business named on the business registration form overleaf (“Registered Name”) and The State of Victoria, through the Department of Human Services (“DHS”)

1. Definitions

In this Agreement, the following words have particular meanings, which are set out in the DHS Carer Card Guidelines for Businesses: “Agreement”, “Business”, “Carer Card”, “Carer Card Directory”, “Carer Card Holder”, “Carer Card Logo”, “Offer”, “Program”.

2 Agreements, Acknowledgements and Warranties by the Business

The Business hereby:

(a) Agrees to display the Carer Card Logo in a prominent place in all business outlets of the Business that are participating in the Program. If DHS directs the Business to display the Carer Card Logo in a particular way or to dis­play an updated version of the Carer Card Logo, the Business will comply with that direction. The Business may also use the Carer Card Logo in other promotional material, with prior written permission from DHS.
(b) Acknowledges and agrees that its name and details of the Offer will be published in the Carer Card Directory, and also gives permission for DHS to use its name and logo in all promotional or reporting material that DHS produces and distributes in relation to the Program;
(c) Acknowledges that DHS makes no representation or guarantee that any minimum number of sales will result from the Business’s participation in the Program;
(d) Acknowledges and agrees that DHS is not liable for any loss or damage the Business may incur as a result of participating in the Program (including costs, expenses or lost profits);
(e) Acknowledges and agrees that the eligibility criteria for the Carer Card are entirely in the discretion of DHS and may be changed at any time.
(f) Warrants to DHS that it will ensure that the Offer is readily available to Carer Card Holders;
(g) Agrees that the Offer may not be changed or substituted without consultation and agreement with DHS. DHS will retain absolute discretion whether to approve any change to the Offer, and no change will be effective until approved in writing by DHS;
(h) Agrees that the Offer is to remain valid for the duration of this Agreement;
(i) Agrees that it will not withdraw or discontinue the Offer except in ac­cordance with clause 6;
(j) Agrees that all Offers will apply to both cash and electronic transactions;
(k) Warrants to DHS that the products or services sold under the Offer will be free from defects and will be fit for the purposes for which they are offered for sale.
(l) Agrees to indemnify DHS and the State of Victoria against any costs (including legal fees), claims, damages and expenses that may be incurred by DHS or the State of Victoria
i. as a result of the Business failing to perform its obligations under this Agreement, including but not limited to a breach by the Business of any warranty given under this Agreement; and/or
ii. in connection with the supply of, or any failure to supply, the Offer.
(m) Acknowledges that DHS can refuse, at its absolute discretion, to admit applicant businesses to the Program.
(n) Acknowledges that registration in the Program does not constitute an endorsement by DHS of the Business or its products/services, and agrees that it will not in any way represent or hold out that the products/services provided by the Business to Carer Card Holders under the Offer are endorsed by DHS, or that those goods/services are provided by or on behalf of DHS.

3 The Offer

An objective of the Program is to ensure that offers are kept simple and easy to use and understand. Therefore, DHS is unable to accept unreasonable limitations on any offers. In all cases, DHS shall retain absolute discretion to approve the terms of the Offer before agreeing to register the Business in the Program.

(a) The discount shall represent genuine value relative to other consumers of the product or service. It should not be a generally available benefit that has been ‘repackaged’ in order to gain access to the Program.
(b) The minimum level of discount is 10% off the marked price of the relevant good(s) or service(s). A larger discount is expected for higher margin products and/or services. DHS may consider agreeing to a lower discount for lower margin, frequently used or higher cost products and/or services.
(c) Due to low operating margins, package holiday providers may offer a minimum discount of 5%, and travel consultants may limit their offer to travel insurance.

4 Eligibility of Business for participation in Program

4.1 Applications for registration for the Program will only be accepted from businesses of good standing and that do not contravene Acts administered by Consumer Affairs Victoria, other State or Commonwealth Departments, or any other consumer interest group or statutory authority, and that;

  • Operate on the basis of clearly advertised and/or displayed pricing levels; and
  • Are not contravening any legislative provision or professional ethical standards.

4.2 DHS will retain absolute discretion to refuse any application from a business for registration in the Program. Registrations will not be accepted from businesses that, in the opinion of DHS:

  • Are characterised by volatility of operators or financial instability;
  • Have an unfavourable record in relation to vulnerable customers; or
  • Propose an Offer that creates difficulties for consumers in determining the actual benefit or discount.
  • Provide goods or services inconsistent with Carer Card program principles

5 Duration of this Agreement

This Agreement shall have effect from 1 July 2010, unless a later date is specified by DHS in writing, and shall continue in effect for a period of two (2) years, unless terminated earlier in accordance with clause 6.

6 Ending this Agreement

(a) Where the Business wishes to discontinue or withdraw the Offer, it may notify DHS in writing. The Business will continue the Offer until the date agreed to in writing by DHS for the end of the Offer.
(b) DHS may end this Agreement at any time by giving written notice to the Business, if:

  • DHS decides to discontinue the Program, for any reason; or
  • DHS considers that the participation of the Business in the Program is no longer appropriate, for any reason.

Upon receipt of the written notice, the Business will immediately cease displaying the Carer Card Logo in any of its premises or promotional material, or otherwise making any public statements or representations associating itself with the Program.

Privacy Statement

The Victorian Department of Human Services (DHS) is collecting information on this form to assist in the administration of the Carer Card program. Personal information will not be disclosed to any third parties without your consent or unless required by law. DHS may confirm business information with the Office of Fair Trading to assist with the assessment of your registration. Your business addresses and telephone numbers may be accessed by the public through the Carer Card website and directory.

Personal details are protected by the Information Privacy Act 2009.