The following agreement is made between Seniors Card Participating Businesses and the Seniors Card Program when they become a registered Participating Business:
The Seniors Card Program ("Program") is administered by Communities, Sport and Recreation, a Division of the Tasmanian Government ("the Crown") Department of Communities Tasmania.
Businesses registered with the Program agree to provide discounts to Seniors Card holders ("Customers").
It is agreed that the Business wishes to register with the Program to provide either or both products and services to Customers for the Discount (as defined in clause 1). In consideration for the Crown agreeing to allow the Business to register and participate in the Program, the Business agrees to sell either or both, products and services to Customers subject to the Discount and subject to the following terms and conditions of this Agreement:
- it must provide either:
- a discount;
- of 10% or more; or
- a discount which equates to $20 or more, which dollar value discount must equate in value to a discount of 10% or more off the normal price of the offered products or services; or
- subject to the prior approval of the Department, entirely at the Department's discretion, a discount of less than 10% off the normal price of the offered products or services;
- it must ensure that it specifies a 'percentage' or 'dollar value' Discount. Wording such as 'varying levels of discount', 'up to X%', 'approximately X%' or 'X% to X%' are not acceptable and must not be used;
- unless otherwise agreed by the Department, entirely at the Department's discretion, it must provide a Discount offer for a minimum of 24 months from the date of commencement of its participation in the Program with provision to re-negotiate the Discount offered after that time;
- it must clearly display Seniors Card promotional material in all its business shopfronts;
- it must ensure the Discount is readily available to Customers nominated in the relevant offer and that all of its staff are made aware of the existence and terms of the Discount;
- the Discount offered must not be changed or substituted without the prior written consent of the Department, entirely at the Department's discretion;
- it fully indemnifies the Crown against any cost (including legal fees), claims, damages and expenses that may be incurred by the Crown arising from, or attributable to, any, or all of, the Business;
- failing to perform its obligations under this Agreement; or
- in connection with the supply of any, or all of, the products or services or the Discount offered to a Customer; or
- any failure to supply any, or all of, the products or services or the Discount to a Customer;
- that the Department may make enquiries with the Australian Securities & Investments Commission, and other authorities, regarding the Business' trade activities and any other matters relevant to the Business' participation in the Program;
- that the Business' registration with the Program ceases when the Discount offered is withdrawn or is no longer available to the Customers;
- to immediately remove all Seniors Card promotional materials and logos from display and advertising materials, when the Business' registration with, or participation in, the Program ceases;
- to promptly contact the Department, and in any event within five days, of the Business deciding to withdraw from the Program;
- that the registration, and participation of the Business in the Program does not constitute any endorsement whatsoever of either, or both, the;
- Business; or
- the products and services provided by the Business, by the Department; and
- that the Department may immediately withdraw the registration and participation of the Business in the Program if the Business fails to comply with any one or more of the terms and conditions of this Agreement.
In registering with the Program, the Business acknowledges and agrees that:
- the Department can refuse, entirely at its discretion, to admit an applicant business to participate in the Program; and
- the Department will advise Customers to take any unresolved issues between the Customer and a registered Business to Consumer Affairs and Fair Trading.