Terms and Conditions for the Online Account
1. The terms and conditions below (terms) govern your use of the Blue Light Card website (including our mobile apps) (Website). The Website is operated by Blue Light Card Pty Ltd, ACN 658 375 725 (Blue Light Card, we, us, our). When Blue Light Card is mentioned below, it will refer to Blue Light Card and its employees, directors and shareholders.
2. These terms concern your use of the Website, including the use of the online offers, discounts, gift cards and other saving options provided via the Website. This also includes the use of your physical Blue Light Card (Card), the processes of purchasing the Card, and other services that may be provided by us. Please read through these terms carefully. If you do not agree with any of these terms, do not use the Website. If you use the Website, your use of it indicates that you agree to be bound by these terms.
3. We may amend these terms from time to time, without notice to you, by posting an updated version of the terms on the Website. You should regularly check these terms for any amendments. If these terms are amended, you must comply with the updated terms. If you do not agree to the updated terms, you must immediately cease using the Website.
4. The Website is intended for use in Australia by users who are resident in Australia. It is not intended for use in any other countries, although the Website may be accessed from locations outside Australia. If you use the Website from a location outside Australia, then you acknowledge and agree that such use may not be compliant with the laws and regulations of the location in which you use the Website and we take no responsibility for any such use.
5. You acknowledge and agree that we are not responsible for any information contained or not contained within the Website and to the extent that any information is provided on the Website, it is provided on an ‘as is’ basis and we make no warranty as to its accuracy, currency or completeness. This includes any information on the Website for companies wanting to offer a discount to users, or any other advertisements or materials contained on the Website created and submitted by third parties. You acknowledge that all information relating to companies’ offers on the Website is provided directly by the relevant company.
6. The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your device that you used to access the Website.
7. We do not warrant or guarantee the security of the Website. You are solely responsible for the security of the device you use to access the Website and for using appropriate and up-to-date software on your device to detect and manage the threat posed by viruses and other harmful code.
8. We endeavour to ensure the service we provide is free from defects though we are not responsible or liable for any consequential errors or omissions within the service.
9. We will use reasonable endeavours to generally make the Website available during normal business hours. However, the availability of the Website depends on various third party suppliers and, accordingly, we do not warrant or guarantee that you will be able to use the Website at any time, or that your use of the Website will be continuous, uninterrupted, secure or error-free.
10. We make no guarantee as to the reliability or performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your relevant drive with which you access the Website, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.
11. Without limiting any other part of these terms, you must not use (or attempt to use) the Website:
- (a) for any unlawful or dishonest activity, or any activity prohibited by these terms;
- (b) in contravention of any law or direction given by us;
- (c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
- (d) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website;
- (e) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party; or
- (f) to impersonate any person or entity or to misrepresent your identity in any way.
12. We may ask you to cease any conduct which we believe is contrary to your obligations under these terms, and you must immediately comply with any such request.
13. You are responsible for the safe keeping of your username and password and must make sure that you do not disclose that information to any other person. You must change your password if we ask you to do so, which you acknowledge that we may do in order to ensure the security of your account.
14. You must not create multiple accounts or try to change your username. If you forget or lose your password then, in order to access your account, you must reset your password using the ‘forgotten password’ link on the Website. You must contact us if this cannot be achieved, through the ‘Contact’ page of the Website. Multiple accounts will not be approved by us. Email addresses can be updated by visiting the ‘My Account’ page, once logged in to the Website.
15. You must make sure that your information is correct and up to date at all times. If any change occurs, you must update your information by visiting the ‘My Account’ page, once logged in to the Website.
16. The use of the Website is reserved for Australia’s frontline workers in emergency services, healthcare, defence force and aged & disability support. The qualification criteria for this service is determined solely by us. You must be aged 16+ to qualify.
17. We reserve the right to remove you from the Website, freeze your account and/or revoke your membership in our discretion and without prior warning to you if you breach the eligibility criteria at paragraph 16 above or you breach these terms in any other way.
18. We reserve the right to remove you from the Website, freeze your account and/or revoke your membership in our discretion and without prior warning to you if you use abusive language or conduct when communicating with our employees or behave in any way that we deem inappropriate.
Third party sites and links
19. We provide discount codes for companies offering goods and services. The transactions that take place with these companies are done through their external websites and thus are not completed on the Website. Therefore, you acknowledge and agree that it is the companies that are responsible for the transaction security on any purchases made, we are not responsible for any such purchases or the security of any external websites, and we will not be liable in any way for any such purchases or transaction security or for any liability, damage, cost or expense, or claims howsoever arising in relation to such purchases or transaction security.
20. You also acknowledge that we are not responsible for the handling of any complaints or queries in relation to any purchases you make via a third party website and to the extent that you wish to make any such complaints or queries, you must direct those complaints to the relevant third party; we will not pass on any such complaints to such third parties.
21. The Website contains links to third party websites that are not maintained or controlled by us. Whilst we do pick our companies carefully, you acknowledge and agree that we are not responsible or liable for any material on these third party websites. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. The inclusion of such a link on the Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of that third party website, or for any information, product or service referred to on that website.
Discounts and discount codes
24. Each discount code may be subject to specific terms and conditions specified at the time the discount code is issued.
25. You acknowledge and agree that we are not obliged to provide you with a replacement discount code if it gets lost and/or gets used by someone else; this will result in the discount code being cancelled.
26. We reserve the right to amend or remove any offer or discount at any time.
27. When you receive a discount code via the Website, you acknowledge and agree that the relevant discount code may only be used by you, and you must not share that discount code with any other person. Further, you acknowledge and agree that we reserve the right to remove you from the Website, freeze your account and/or revoke your membership in our discretion and without prior warning to you if you breach this clause.
28. You acknowledge and agree that all companies listed on the Website reserve the right to add, amend or withdraw their offer(s) at any time.
29. Should an offer not work and not provide a discount, please contact us to notify us and report this. If you continue with a purchase without the discount, then you acknowledge and agree that you have authorised the transaction with no discount and it will be down to the company’s discretion as to whether they provide a refund on the discount amount.
30. Cards are posted to the address that you provide when you register for an account via the Website. Once the Card has left our offices, it will be delivered to the address provided. You acknowledge and agree that we are not responsible for any loss or non-arrival of the Card once it has left our possession.
31. We cannot refund a purchase for a Card that has been posted. A refund will only be provided if the Card is returned to us within 28 days of postage.
32. You are responsible for the safe keeping of your Card and you must make sure that you do not lose your Card. If your Card is lost or stolen, you must inform us and make us aware of this as soon as possible.
33. New Cards can be purchased via the Website for $9.95 (admin fee) for a 2-year Card. The $9.95 payment fee is an admin processing fee for us to process your Card application. Once paid, this admin fee is valid for a 12-month period, during which you need to provide us with the relevant information to process your Card application. If this time period lapses, then this fee will be non-refundable. If, after liaising with us, it is deemed that you are not eligible then you will be refunded so long as you can show you have been in contact with us regarding your membership during that 12-month period.
34. By making payment through the payment portal on the Website, you agree to be bound by any applicable user agreement or terms and conditions of such payment portal.
35. You must provide your own ID in order to apply for a Card. We are not responsible for proving your eligibility for the service. In order to ensure the protection and integrity of your information, any ID that we receive via the post will be destroyed. Please make sure any ID sent is a photocopy and not an original document.
36. Non-arrival of Cards must be reported to us within a 90-day period of your order. Outside of this 90-day period, Cards will be classed as lost and a new Card application will require a new payment of $9.95.
37. You acknowledge and agree that we are not responsible for the non-arrival of any post sent by or to us.
38. We reserve the right to remove you from the Website, freeze your account and/or revoke your membership in our discretion and without prior warning to you, if we consider that you are, or could be, a security risk.
39. When using the Website and/or registering for an account, we may collect certain personal data about you. We will do so in accordance with all applicable privacy laws. Please see our Privacy Notice to find out more about how we ensure the protection of your personal data, as well as the personal information we will collect from you and hold.
40. All third party trademarks referred to on the Website are acknowledged as the property of their respective owners and we have the relevant permissions to use those trademarks in the manner in which they are used on the Website.
41. Under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer, called the ‘Consumer Guarantees’.
42. Where you, as a consumer, acquire our goods (i.e. a Card) or services (i.e. the provision of discount offers) under these terms through your use of the Website and those goods or services:
- are of a kind ordinarily acquired for personal, domestic or household use or consumption, the operation of the Consumer Guarantees cannot be, and are not in these terms, excluded, restricted or modified; or
- (b) are not of a kind ordinarily acquired for personal, domestic or household use or consumption, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this section to be void) to, at our option:
- (i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
- (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
43. For the avoidance of doubt, paragraph 42 above does not apply in relation to any goods and/or services purchased by you from a third party (even though those goods and/or services may be promoted by us via the Website) and only relates to our goods and services provided via the Website. You acknowledge and agree that your rights in relation to any goods or services purchased by you from a third party will be enforceable against that third party, pursuant to any terms and conditions to which you have agreed with that third party at the time of purchase.
44. You agree to indemnify us and hold us harmless from and against any losses liability, damage, cost or expense, or claims, howsoever arising (Loss) suffered or incurred by us in connection with, or arising out of, your use the Website, including Loss arising out of or in connection with claims made against us by a third party.
45. You acknowledge and agree that your access to, and use of, the Website is at your own risk.
46. To the extent permitted by law, we exclude from these terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this section to be void).
47. Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising, directly or indirectly, from or in connection with your use of the Website/App, including, without limitation:
- (a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary loss; and
- (b) any other Loss.
48. These terms shall be subject to the laws of New South Wales, Australia. These shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use. The courts of New South Wales (and any court competent to hear appeals from such courts) shall have exclusive jurisdiction over disputes arising from these terms.
49. We do not waive a right, power or remedy in connection with these terms if we fail to exercise or delay in exercising the right, power or remedy.
50. If any provision of these terms is found to be invalid by a court of competent jurisdiction, then the relevant provision may be severed from these terms and the invalidity of that provision will not affect the validity of the remaining provisions.