Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING YOUR APPLICATION FORM. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OR HAVE QUESTIONS IN RELATION TO THE TERMS AND CONDITIONS, PLEASE CONTACT:

The ACCESS Centre
Level 1, Manning House
Manning Road
University of Sydney, NSW, 2006
Phone: 1800 013 201
email:

UNIVERSITY OF SYDNEY UNION MEMBERSHIP AND ACCESS BENEFITS PROGRAM (PROGRAM)
TERMS AND CONDITIONS OF MEMBERSHIP

1. GENERAL

(i) The promoter of the Program is the University of Sydney Union ABN 73 818 179 759 (“USU”) of Level 5 Holme Building, Science Road, The University of Sydney, NSW, 2006.

(ii) The Program is a program administered by the USU which entitles Members of the Program to certain Benefits as offered by the USU from time to time.

(iii) An applicant becomes a Member of the Program upon completing the Application Form and paying the annual fee or ‘Life of Degree’ fee displayed on the Website. Upon doing so, you acknowledge and agree to be bound by the Terms and Conditions. If there is any conflict between what is set out in the Terms and Conditions and anything a Member has been told by USU, its staff or its agents, the Terms and Conditions shall prevail.

(iv) These Terms and Conditions are effective as at the date of publication. The USU reserves the right to amend the Terms and Conditions of membership and/or the Program from time to time. The USU shall use all reasonable endeavours to advise Members of any such changes, but shall not be liable in any way for any failure to do so.

(v) Each Member is responsible for remaining aware of the Terms and Conditions (as varied from time to time).

(vi) The USU has your permission to contact you with relevant information regarding the Program, by email, telephone, SMS and post where nominated.

(vii) Upon joining, Members of the Program will be issued with an Access Card and a membership number for identification purposes.

2. USU MEMBERSHIPS

(i) Members of the USU will have access to the Program. For Members, the Access Card is the proof of Membership. For Existing Life Members, proof of membership may be an Access Card, a Life Membership Card or a Life Membership Medallion.

(ii) Annual membership and each annual Member’s Access Card are valid until, and expire at, midnight (EDST) on the 31st December of the year printed on the front of the card. Annual Members must re-register by contacting the USU and satisfying the applicable requirements for registration notified by the USU on or before the 31st December each year in order to continue qualifying for benefits in the following year.

(iii) The USU may, at its sole and unfettered discretion, extend the period for which membership and each Member’s Access Card remain valid.

(iv) For all USU membership benefits please visit the Website. For all Access Benefits Program offers visit www.accessbenefits.com.au.

3. MEMBERSHIP REGISTRATION

(i) If you are accepted as a Member via an application at www.accessbenefits.com.au or over the phone you must collect your Access Card in person at The ACCESS Centre. If you are accepted as a Member via application at The ACCESS Centre or at other designated sites(http://www.accessbenefits.com.au/About/Access_Sales_Outlets/Default.aspx), you will be issued your Access Card at that place.

(ii) You must hold an Access Card in order to enjoy the Benefits of the Program. Members may be required to show their Access Card as proof of membership.

(iii) A valid and properly designated Access Card shall be considered to be proof of membership. Other acceptable forms of proof of membership are a USU Life Membership Card and/or a USU Life Membership Medallion

(iv) The USU reserves the right, at its sole discretion, to refuse membership to any applicant.

4. MEMBERSHIP LIMITATIONS

(i) No Member is an agent, contractor, representative or partner of the USU by virtue merely of membership.

(ii) No Member has any power or authority to act for or to assume any obligation or responsibility on behalf of the USU, to bind the USU to any agreement, negotiate or enter into any binding relationship for or on behalf of the USU or pledge the credit of the USU except with the express written authority of the USU.

5. CANCELLATION OR SUSPENSION OF MEMBERSHIP OR ALTERATION OF BENEFITS

(i) You may cease participation in the Program at any time using the unsubscribe function on any nominated communication method or by contacting The ACCESS Centre - Level 1, Manning House, Manning Road, University of Sydney, NSW, 2006, phone 1800 013 201, email . In the circumstances set out below under ”Refund Policy” but subject to clause 5(ii), Members may be eligible to have a portion of the annual fee refunded.

REFUND POLICY

Pre paid membership fees are non refundable[1], with the sole exception of Members who have purchased a ‘Life of Degree’ membership and wish to cease membership due to moving their degree to another, non affiliated university. Refund to these Members will only be provided on subsequent membership years (not the current year), will be in accordance with the table below and will only be provided upon the receipt of satisfactory proof of current enrolment at another non affiliated university.

(ii) The USU reserves the right in its absolute discretion to suspend or terminate the membership of any Member for breach of these Terms and Conditions or for any conduct which the USU, in its discretion, deems to be unacceptable. In such cases, the Member will not be entitled to any refund of fees.

(iii) The USU reserves the right in its absolute discretion to withdraw, cancel, deny access to, or in any way change any of the Benefits advertised or offered at any time and the USU will not be liable for any loss or damage suffered by the Member resulting from such withdrawal, cancellation or change. The USU shall have no liability to any Member for any variation in the Benefits offered under the Program.

6. INDEMNITY AND LIMITATION OF LIABILITY

(i) To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the USU, its officers, directors, employees, contractors or agents for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:
(a) any breach of your obligations under these Terms and Conditions; and
(b) your violation of any third party right, including but not limited to any intellectual property rights or privacy rights; and
(c) any claim or action brought or threatened by another person based on any facts which, if substantiated, would constitute a breach by you of your obligations under these Terms and Conditions.

(ii) The Benefits offered as part of the Program are provided by third parties other than the USU. The USU shall not be held liable for any loss or damage in relation to the products or services provided by third parties. Members should make their own enquiries regarding the terms and conditions that apply to products or services offered by third parties.

(iii) In all cases, the liability of the USU for any default under any implied agreement compelled by any law is limited to the amount of the annual fee paid by the Member.

7. CARD USE

(i) All Access Card holders are entitled to obtain any applicable discounts with any participating Partner for goods or services upon presentation of their Access Card. Discounts are not available under any circumstances except upon presentation of a valid Access Card. Access Cards must be presented at the time of purchase or entry.

(ii) Entry into an event is subject to the terms and conditions that apply to that particular event (including any imposed by the promoter of that event or the venue owner). Possession of an Access Card does not automatically admit a card holder into that event.
(iii) When making purchases online or over the phone, you must submit your AID.
(iv) If you do not present your Access Card at the time of purchase/entry, then you agree that the USU is not liable for any claim by you for a refund. You agree that the USU is also not liable for any claim of refund if a discount is not given by a Partner after presenting your Access Card at the time of purchase.

(v) You may only use your Access Card for your own benefit. Your Access Card is non-transferable and cannot be used by another person. You may not lend or otherwise give your card to another person for their use.

(vi) USU reserves the right to cancel your Access Card and/or your membership in the Program and/or with the USU in the event of unauthorised use.

8. LOST, STOLEN OR DAMAGED ACCESS CARDS

(i) It is your responsibility to take care of your Access Card and keep it and your AID secure. You must notify the USU promptly if your Access Card is lost, stolen or damaged.

(ii) USU will replace lost, stolen or damaged cards, but will charge you a specified fee for doing so, regardless of the circumstances.

(iii) For replacement cards, you should visit The ACCESS Centre, Level 1, Manning House

9. MEMBER PACKS/WELCOME BAGS

(i) USU member packs are only available as advertised at any particular time and in limited quantities.

(ii) USU member packs are only redeemable on collection of an Access Card or as advertised.

(iii) Strictly one member pack per Access Card holder (subject to availability of promotional stock).

(iv) Any Access Card holder who tampers with the member pack process or who fraudulently and dishonestly attempts to collect more than one pack will not receive a member pack and may have their membership of the Program and/or the USU cancelled.
(v) Member packs are available strictly only while stocks last and are issued on a first come first served basis. Not all Access Card holders will necessarily get a member pack.
(vi) The USU is not liable if any member pack is lost, stolen, damaged or tampered with in any way.

(vii) Member pack offers may change or be cancelled at any time without notice.

(viii) The USU makes every effort to ensure that member pack material is up to date and accurate at the time of printing, but accepts no liability for any direct or indirect loss or damage arising from use of or reliance on that information, even if it is inaccurate or out of date.

(ix) Member packs cannot be transferred or exchanged.

(x) Member pack value is calculated on the estimated dollar saving relating to each offer subject to compliance with the applicable offer terms and conditions.

10. THIRD PARTY OFFERS

(i) Some Benefits require Access Card holders to register as a member with third party programs. This is entirely at your discretion and in doing so you may be communicated with directly by the third party, which is no longer within the control of the USU. You may unsubscribe from these offers at any time by contacting the third party directly.

(ii) All Partner offers are subject to the individual terms and conditions of the Partner and may change or be cancelled at any time without notice to you. Changes will be published as soon as reasonably possible on the Program website, currently at www.accessbenefits.com.au. Partner offers can be viewed by clicking on the Partner offer under the Partner page.

(iii) Partner participants in the Program may change at any time without notice. Notification of changes in Partners will be displayed on the Website as soon as reasonably practicable.

(iv) In making a purchase or accepting a Partner offer, you enter into a contract directly with the Partner concerned and not with the USU.

11. INFORMATION AND PRIVACY

(i) The USU is committed to ensuring that the collection, accuracy, use, disclosure, de-identification and destruction of your details comply with the Privacy Act 1988 (Cth) and National Principles.

(ii) The USU’s Privacy Policy forms part of these Terms and Conditions. To the extent of any inconsistency, these Terms and Conditions shall prevail.

(iii) You have the right to view and correct or update your personal information by arrangement with The ACCESS Centre or through any facility set up for Members online.

(iv) You may access the personal information pertaining to you that you have provided to the USU by emailing The ACCESS Centre ( ) and arranging a suitable time to do so.

(v) USU may use your personal information to keep you informed of specials, promotions, events, competitions, discounts and free offers. You will be contacted via email, telephone, SMS and/or post where applicable and where you have opted to receive this information on the Application Form. You may opt out of these communications paths at any time by giving USU notice in writing.

(vi) USU may use your information for its own planning, research, marketing and product and service development.

(vii) The USU communicates with its Members and keeps them informed via a number of communications paths and cannot be held responsible for any Member not being aware of a special, promotion, event, competition, discount and/or free offer or any Member failing to take advantage of that offer and/or missing out on an opportunity.

(viii) The USU may share anonymous and aggregated membership information with current or prospective Partners for the purpose of securing better offers for Members, or with data analysis specialists, data mail houses, data processing organisations and specialist call centres for the purposes of improving existing or potential Benefits. When such disclosures are made, your personal information will be protected through confidentiality agreements and/or other contractual obligations.

(ix) The USU may provide your information to: any outsourced service provider to the USU; a Partner for the purpose of promoting or using its products or services (and any of its outsourced service providers); regulatory bodies; government agencies; law enforcement bodies and courts; and other parties to whom the USU is authorised or required by law to disclose information.

(x) USU will take all reasonable steps to ensure your personal information is protected from unauthorised access, misuse, modification and disclosure while stored or transmitted by it.

(xi) If USU already holds any personal information about you, this may be because it was obtained from The University of Sydney with your authorisation when you enrolled with the University, by other means of authorisation, or because it was existing information obtained with permission through your previous USU membership registration.

(xii) USU Member and/or Access Card holder feedback is welcomed at any time via .

12. DISCLAIMER

(i) While the USU makes every effort to ensure information about the Program is available, complete, accurate and up to date, it cannot guarantee this and accepts no liability whatsoever if any information is unavailable, incomplete, inaccurate or out of date.
(ii) USU disclaims any and all warranties, express or implied, regarding the handling of any of your information, including personal information, by any third party.

13. DEFINITIONS

“Access Card” means the card issued to Members who have elected to join the Access Program;

“AID” means the last six digits on the front of your Access Card;

“Application Form” means the application form provided by the USU for the purpose of admitting new Members;

“Benefits” means use of the facilities, services or arrangements offered or available to the Member from time to time during the period of membership;

“Existing Life Member” means any graduate from the University who applied for, and was granted, Life Membership of the Union prior to January 1 2006.

“Member” means a member of the USU who has paid the annual or Life of Degree membership fee and includes an Existing Life Member;

“National Principles” means the National Privacy Principles prescribed by the Privacy Act 1998 (Cth) as amended from time to time;

“Partner” means any third party with whom the USU has an arrangement, from time to time, to provide goods or services to Members;

“Privacy Policy” means the USU’s privacy policy from time to time and as at the date of this Agreement as set out on the Website. To view the USU's privacy policy please go to http://www.usuonline.comhttp://www.usuonline.com/assets/document/USU_Privacy_policy_Mar11.doc;

“Program” means the Access Benefits Program administered by the USU;

“Terms and Conditions” means these terms and conditions as varied from time to time;

“University” means the University of Sydney;

“Website” means the website of the USU, currently located at http://www.usuonline.com 

16 February 2011

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