Everyday Savers Pty Ltd trading as Australian Partners of Defence (“APOD,” “we,” “us,” or “our”) provides a subscription-based program called the APOD Member Program in which its members who are in possession of a current and valid APOD membership card and website login (“Members”) may access discounts, offers, or benefits offered by commercial partners of APOD (“Program”).
Persons who may be Members include:
- current serving members of the Australian Defence Force and their immediate family members
- former serving members (Veterans) of the Australian Defence Force and their immediate family members
- reservists of the Australian Defence Force and their immediate family members
- allied military personnel where APOD has reciprocal arrangements in place
- an APOD employee or authorised representative
In these Terms, ‘immediate family members’ means a spouse, children (of 18 years or over), parents and siblings.
Terms and Agreement
These APOD Discount Partner Terms and Conditions (“Terms”):
- contain the terms and conditions that will govern your participation in the Program; and
- will upon acceptance, operate as an agreement between APOD and you (“Agreement”).
These Terms are applicable to our relationship with all commercial partners of APOD, including you or the entity you represent (“you”, “your”).
Agreement between APOD and you will occur and is conditional upon:
you submitting a complete program application through the website (https://apod.com.au)[/];
us accepting that application as being appropriate for participation in the Program; and
you accepting these Terms, indicated by the earlier of:
- you checking the box at the bottom of these Terms; or
- you publishing your offer on the APOD website.
The agreement will commence upon satisfaction of each of the conditions set out in the previous paragraph (“Effective Date”).
For the sake of clarity, APOD reserves the right not to accept any application as being appropriate for participation in the program, including but not limited to circumstances in which APOD deems an application not appropriate in accordance with our guidelines, requirements, recommendations or policies.
You represent to us that you are lawfully able to enter into contracts, and if you are entering into these Terms on behalf of an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
Upon your acceptance into the Program and agreement to these Terms, you agree to:
- publish through APOD one or more discount, offer, or benefit (“Offer”) that is available to Members;
- make available to Members the Offer as published by you; and
- not publish any Offer(s) that may adversely affect the APOD brand or that may reasonably be anticipated to offend APOD members e.g. explicit or offensive images or language.
Following publication of your Offer(s), you agree you will deal directly with Members who wish to access the Offer(s).
You agree to publish your Offer(s) with all relevant information, and that the information in any published Offer is kept up to date and current. Without limiting this term, the publication of an Offer must:
- state the Offer(s) in clear terms;
- include information on how Members can access your Offer(s);
- state all terms and conditions of your Offer(s);
- include such logos and images to clearly identify you;
- provide information on locations where the Offer(s) may be accessed; and
- include any relevant weblinks and promotional codes.
You further agree to:
- display APOD marketing materials (as supplied to you by APOD from time to time) in your place/s of business (“Materials”);
- indicate that you are participating in the Program on your website;
- include on any website you operate an active weblink to the APOD website; and
- comply with the APOD branding guidelines.
You will at all times:
- conduct your activities in the Program in a professional and competent manner;
- ensure you have reasonable appropriate dispute resolution policies and procedures in place for responding to Members;
- comply with all applicable laws, regulations and orders of any governmental authority; and
- not engage in any illegal, harmful, false or deceptive acts or practices.
By publishing any Offer(s) through APOD, you warrant that:
- the details of the Offer(s) have been communicated with all of your staff; and
- the Offer(s) will be honoured at all agreed points of sale (in store and / or online).
promote the Offer(s) to its members and will provide a link from the APOD website to your website; and
- APOD marketing materials for display in your place/s of business and on your website;
- an active weblink to the APOD Site to be included on your website.
You acknowledge that APOD may use mechanisms that rate or allow customers to rate products or services. These ratings will be displayed on your offer page on the APOD site and will be available to APOD members. You give permission for APOD to take these actions and to publish this material.
You acknowledge and agree:
- that this Agreement does not create any agency, partnership, joint venture or employment relationship of any kind; and
- not to contract any obligations in the name of APOD or to represent any form of relationship with APOD beyond this Agreement.
Offers that you list on the Site are to be made available to Members to receive directly from you.
Members who have accepted an Offer from you will either:
- go to your online shop to purchase the goods and apply the relevant code provided by APOD; or
- go to your retail shop and provide:
- the required APOD redemption ID as specified in the Offer; and
- evidence of membership in APOD.
You acknowledge and agree that any Offer(s) that you list on the Site are:
- made by you solely for the benefit of Members only (and are not available to general members of the public);
- not offers made by APOD to supply any products or services whatsoever; and
- are not for re-sale and are not redeemable for cash.
APOD assumes no responsibility for any arrangements, contracts, purchases, or disputes between Members and you.
You permit APOD to make corrections, amendments, deletions to, or to remove, any Offer that you list on the Site in its absolute discretion.
This Agreement will commence on the Effective Date and will remain in effect until terminated (“Term”).
Either party may, by giving at least 30 days’ written notice, terminate these Terms for any or no reason.
In addition, APOD may immediately terminate these Terms upon breach by you of any of these Terms.
Without limiting APOD’s rights of termination, APOD may terminate this Agreement if, in APOD’s reasonable opinion, the Offer or any aspect of your business does not meet our guidelines, requirements, recommendations or policies.
If these Terms are terminated for any reason:
- all licenses granted by you or us will immediately terminate;
- you will immediately cease use of, and remove from your site, all Materials; and
- you will immediately cease to identify yourself or hold yourself out as an APOD Partner.
Limitation of Liability
You agree to indemnify and hold APOD and its officers, directors, employees, and contractors harmless for any indirect, incidental, special, consequential, or exemplary damages, claims, including all legal fees and disbursements, for any loss of revenue, profits, or goodwill, even if advised of the possibility of such damages arising from or in connection with:
- your participation in the Program;
- your use of Materials; or
- any investments, expenditures, or commitments by you in connection with these Terms, the Program, or your use of or access to Materials.
To the fullest extent permitted by law, you agree:
- to fully and forever waive, release, discharge and hold harmless APOD and its officers, directors, employees, and contractors, from any and all direct and / or consequential loss, damage, liability, claims, expenses, demands, actions, and causes of action whatsoever, suffered by you, and you agree not to commence or assist in the commencement of any suit or action, whether in law and / or in equity, in any way resulting from your participation in the Program.
- to fully indemnify APOD and its officers, directors, employees, and contractors, for any direct and / or consequential loss, damage, liability, claims, expenses, demands, actions, and causes of action whatsoever, whether in law and / or in equity, we suffer in any way resulting from your participation in the Program.
All content provided by us on our Site (“Material”) is the intellectual property of APOD, and respective third-party authors, developers, and service providers and are the copyrighted work of APOD, and/or the third-party providers.
Any use of the Materials outside these Terms may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any Materials from our Site except as allowed under these Terms without the prior express written permission of APOD.
You agree that you will not use any automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You consent and permit APOD to disclose information about you, your business, and your participation in the Program to third parties including but not limited to Department of Defence, Department of Veterans’ Affairs, for any purpose reasonably related to the ongoing management, enhancement, and maintenance of the Program for Members and/or Partners.
Except as may be strictly required by law, or to your legal representatives, your accountants, and / or the Australian Taxation Office, you agree:
that any information disclosed by APOD in connection with the Program and not publicly available will be treated as confidential information; and
you will treat any information regarding any third-party, including
- information identifying third parties or from which third parties may be identified, (“Third-Party Data”) that APOD provides to you as confidential information, and you will only use such Third-Party Data to market your goods and services in connection with APOD and its services with our express permission.
You agree not to use any personal information provided to you about Members for any purpose other than strictly as required for the purposes of meeting your obligations under this Agreement.
In this Agreement, unless the context otherwise requires:
- a reference to a party to this Agreement includes that party’s executors, administrators, successors and permitted assigns;
- where a word or phrase is given a defined meaning in this Agreement, any other part of speech or other grammatical form in respect of such word or phrase shall have a corresponding meaning;
- any heading, index or table of contents used in this Agreement is for convenience only and shall not affect the interpretation of this Agreement; and
- no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it.
These Terms are subject to any law or statute to the contrary, to the minimum extent of any inconsistency. If any term becomes invalid or unenforceable, it is the intention of the parties that all other provisions shall continue and remain in full effect.
You acknowledge and agree that prior to accepting these Terms you were given a reasonable opportunity to examine them.
You agree these Terms constitute the entire agreement between the parties and supersedes all prior written or oral negotiations agreements and understandings between the parties, which have ceased to be legally effective from the Effective Date.
You agree that the parties are not bound by any warranty, representation, collateral agreement, or implied term, under the general law or imposed by legislation, unless:
- such warranty, representation, collateral agreement, or implied term is contained in these Terms; or
- it is an implied warranty or term imposed by statute which is mandatory and cannot be excluded by the parties’ agreement.
No waiver (whether express or by delay or failure to act) by APOD of any breach of these Terms by you shall be deemed to be a waiver of any other breach.
These Terms and Conditions will not be assignable or transferable by you without the prior written consent of APOD.
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.
This Agreement is governed and construed in accordance with the law of the jurisdiction in the State of South Australia. Each party irrevocably submits to the jurisdiction of the courts situated in that State.
Where you enter this Agreement as a trustee of a trust or of trusts, you represent and warrant to and in favour of APOD that in respect of each trust:
- you have been properly appointed as trustee under a duly executed stamped deed that is legally valid, binding and enforceable and all the powers conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and that the trust is a valid and subsisting trust;
- you are the sole trustee and have the power under the terms of the deed establishing the trust to enter into and be bound by this Agreement on behalf of the trust and this Agreement is being executed as part of the due and proper administration of the trust for the benefit of the beneficiaries of the trust;
- you will remain as the sole trustee of the trust until termination of this Agreement;
- no restriction on your right of indemnity out of or lien over the trust assets exists or will be created or permitted to exist and that right will have the priority over the rights of the beneficiaries to the trust assets.
We may from time to time modify these Terms, or change or discontinue the Program as a whole, or any aspect of it. We will notify you of changes by posting them on the Site or by sending you an email using the email address provided to us in your application for the Program. You agree to check the APOD website regularly for changes. Changes will be effective upon the earlier of the date such changes are published on our website or, if we notify you by email, as stated in the email message. By continuing to participate in the Program, you agree to comply with and be bound by the most current version of these Terms. We last modified these Terms on the date listed at the beginning of these Terms.
Effective as of 1st November 2019