Website Terms & Conditions

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using www.apod.com.au ("the Site") operated by Everyday Savers Pty Ltd, ABN 35 602 028 740, trading as "Australian Partners of Defence" or "APOD Defence Discounts" or "APOD". The words "we", "us" or "our" refers to APOD and the words "you" and "your" refer to users of this public website. Our offices are located at 322 Military Road, Largs Bay, SA, 5016, Australia. This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.apod.com.au.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

This site is a business and commercial site. It is therefore not intended for persons under the age of 18, however if you are serving under the age of 18, you should obtain written consent from your superior, parents, guardian, or a responsible adult to obtain permission to use this site.

The information, materials and services contained on this site are provided to you 'as is', and 'as available'. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage. We also do not warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (1) use of this site, or the inability to use this site by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

By completing a member application form and submitting online, you acknowledge that you are aware of the following terms and conditions and that all transactions conducted, as an APOD member will be subject to these terms and condition

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by APOD without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.

Intellectual Property 

The Site and its original content, graphic, images, videos, features and functionality are owned by APOD and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination 

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites 

Our Site may contain links to third-party sites that are not owned or controlled by APOD. APOD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law 

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Australia without giving effect to any principles of conflicts of law.

Changes To This Agreement 

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

If you have any questions about this Agreement, please contact us at:

Website: www.apod.com.au

Email: hello@apod.com.au

Arbitration 

For any disputes or discrepancies you may have with APOD, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served. 

The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Copyright and Trademark Notices 

All contents of the www.apod.com.au website are Copyright © 2016 APOD and/or its suppliers, affiliates and partners. All rights reserved.

Disclaimer: The images, products, services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied and shall remain under APOD possession unless agreed upon by APOD and user/client. 

APOD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

APOD takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Who is APOD?

APOD is a privately owned business dedicated to tracking down the best deals and discounts for Defence related members, their partners and families who become a member of APOD. 

APOD has no association or direct link to the Commonwealth Government however we operate exclusively within the Australian Defence community.

What Does APOD do?

APOD negotiates in-store and on-line discounts with major retailers and service providers and provides members access to those benefits via www.apod.com.au as part of a discount membership program.

Member - Definition

APOD recognises a member as a person who:

  • Has a recognisable relationship to Defence as described in the Membership Application form online
  • Agrees to the Terms and Conditions as set out in the APOD - Defence Discounts Membership Terms and Conditions
  • Meets the criteria for eligibility and upholds a current status of membership

For all information regarding membership of APOD, please refer to the Membership Terms and Conditions and/or the FAQ's located on the website www.apod.com.au.

Member Login

Once you have submitted your registration form, you will receive a confirmation email which will contain your 'login' details and further instructions for accessing your APOD Account. Please note: the username is your email address and the password is your chosen word at the time of completing the form online.

As an APOD registered member, you will have access to the member's area of the website www.apod.com.au applicable to your level of membership.  All current discounts and offers both in store and online, which you will be able to access from your PC or hand held mobile device from anywhere you have access to the Internet.

It is important to note you are the only person authorised to use your membership login for the purposes of redeeming your offers and discounts.

You agree you will NOT duplicate, print, share or loan any part of your membership login to anyone, under any circumstances to any NON-APOD member. Failing to comply with these terms and conditions may result in immediate cancellation of your membership without reimbursement. 

Redeeming a Discount or Offer

In order to lay claim to a discount you must be an existing APOD member. You may redeem a member discount or offer ("discount") simply by logging into your member account, either via your mobile device or PC, and clicking on the business discount listing you wish to claim.

When you click on the individual discount listing, you will be presented with the redemption method needed to claim your discount whether in store, online or over the phone.

Each discount offer has its own set of redemption instructions and criteria, which you can find by clicking the green button that says "REDEEM NOW".  It is important that you read and understand the process clearly to avoid disappointment.

The responsibility lies with the member to conform to the redemption instructions to access the discount offered via APOD.

No information on our Site constitutes or should be deemed as an offer by APOD to supply any Products or Services. APOD discount partners make all the offers and APOD does not accept any liability for the value of the offer nor the quality of the product.

All products and service discounts offered through our portal www.apod.com.au mean that 'you' as an APOD member are essentially dealing direct with the supplier of these products and services and that as an APOD member you are entitled to receive the said discount indicated. This means that once you decide to accept the discount you will need to either:

a) Go to the online shop to purchase the goods and apply the Promo code provided by APOD; or,

b) Go the shop and provide the required APOD redemption ID as specified in the offer on the APOD website www.apod.com.au.

As long as you have access to the internet, you will have the ability to access APOD discounts from anywhere in the world via your PC or mobile device.

Compliance

APOD and its affiliates reserve the right to refuse service, terminate membership, remove or edit content, or cancel member accounts at their sole discretion.

The APOD discounts and offers are specifically negotiated on behalf of APOD members only, not Defence members. The discounts available through APOD bear no reference or association with the Australian Defence Force or the Commonwealth Government.

It should be noted that presentation of a Defence ID card does not qualify you to receive APOD discounts, nor serve as adequate identification of you as an APOD member.

About the Discounts and Offers

APOD will use its best endeavours to list Discount Partners with the most competitive discounts and offers on a range of Products and Services. APOD reserves the right to change or re-negotiate discounts and offers for Businesses, Products and Services displayed on the APOD Site at any time.

Please note: While APOD will negotiate where possible the 'best' discount possible, it is important to note that APOD is not responsible for gaining the "only' discount from the same business for the same period of time or on the same product or service.

Termination or Breach

Without limiting any other remedies available to APOD at law, in equity or under this Agreement, we may at our sole discretion, suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our Site, provided us with false or misleading information, or breached the terms and conditions of your Agreement. Upon suspension or termination of your membership, we reserve the right to notify participating businesses that your membership has been frozen or cancelled. Neither you, nor any other member or seller may manipulate the price of any item once downloaded or collected. Please note that business discounts and offers will change from time to time so we advise that you check in to your account if you looking to make the most of the discounts and offers available to you both online and in store.

No Warranty 

Our suppliers and we provide our Site and services on and 'as is' basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, our suppliers and we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.

Legal Capacity To Transact 

By accepting these Terms and Conditions you acknowledge that you are over the age of 18 years. If you are a serving member under 18 years of age, please provide us with written consent from an authorised parent or guardian prior to applying for membership. Should APOD suffer any damage or other losses as a result of a membership or transaction entered into by a minor, APOD reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with APOD.

Correction of Errors and Inaccuracies; Limitations on Quantity 

Whilst APOD makes every reasonable effort to present accurate information on this Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to the business discount listings and locations. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to cancel your membership.

Indemnification

You must indemnify and hold APOD and its employees, representatives, agents, affiliates, businesses, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify APOD under this Section, APOD will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from APOD.

Our Liability

We will not be responsible if any business or third party questions your identity or refuses to accept your membership ID card, however in the event of this happening, please notify member@apod.com.au so that we can address the matter directly with the APOD business partner in question.

In no event shall we, our participating businesses, suppliers or related entities be liable for lost savings or profits or any special, incidental or consequential damages arising out of or in connection with our Site, services or these Terms and Conditions (however arising, including negligence). Our maximum aggregate liability to you arising as a result of the performance or contemplated performance of the Terms and Conditions will be limited to the cost of the APOD membership fee.

Force Majeure

APOD shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of APOD, and APOD shall be entitled to a reasonable extension of time for the performance of such obligations.

Release

Our Site acts as an avenue to allow participating businesses to offer their goods and services to our members, in a discounted format. We are not involved in the actual transaction between the member and the business offering the discount or offer on our Site. As such, in the event that you have a dispute with a listed APOD business, you release APOD (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages of any kind, arising out of or in any way connected with such disputes.

All promotional content provided on the Site are provided by respective third party authors, developers, or service providers ("third party providers") and are the copyrighted work of APOD and/or it's third party providers. We attempt, to the best of our ability, to keep the information on this Site current, accurate and complete, however we make no representation as to the currency, accuracy and completeness of any information on the Site. Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

No Waiver 

No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and APOD's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision

Notices and procedure for making claims of copyright infringement 

Pursuant notifications of claimed copyright infringements should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

Complaints Process 

We welcome every opportunity to resolve any concerns you may have with our services .If a problem does arise please follow the following steps. We work hard to provide you with exemplary customer service. So if you ever feel less than satisfied, please let us know straight away. We'll work with you to sort out your complaint quickly and fairly.

Here's what to do:

1. Please put your complaint in writing and email it to our Internal Dispute Resolution (IDR) Committee at: complaints@apod.com.au.

2. One of our dedicated officers will look into your complaint thoroughly.

3. They will get in touch with you after receiving your call, letter or email to let you know the outcome of their investigation within 15 days.

4. Usually, we can resolve any problems that our customers experience. But if you don't agree with the way we've resolved your formal dispute, you can contact the Office of Regulatory Services at www.ors.act.gov.au/community/fair_trading. This service is free of charge.

 

This Agreement was last updated on 2nd May, 2017.