Member Terms & Conditions

The Program

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 (“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 direct family members; and
allied military personnel where APOD has reciprocal arrangements in place.

In these Terms, ‘immediate family members’ means a spouse, children (who are 18 years of age or over), parents and siblings.

Terms and Agreement

These APOD Membership Terms and Conditions (“Terms“):

contain the terms and conditions that will govern your membership 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 members of APOD, including you (“you”, “your”).

Agreement between APOD and you will occur and is conditional upon:

you submitting a complete online membership application form; and
us accepting that application and granting you membership; and
our receipt of your payment of the membership fee.

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 membership in the program, including but not limited to circumstances in which APOD considers you do not meet the membership eligibility.

You represent and warrant to us that you are 18 years of age or over.

Membership Eligibility

To become an APOD member, you must be 18 years of age or over, and one or more of the following criteria must be met:

Serving Defence Force Members:

You are a current serving Australian Defence Force member; or
You are a former serving Australian Defence Force member (Veteran); or
You are a current or former reservist; or
You are a current or former allied military member where APOD has reciprocal arrangements in place.

Partners/Family of Defence Force Members and other affiliated service providers:

You are a partner or immediate family member of a current serving Australian Defence Force member; or
You are a partner or immediate family member of a former serving Australian Defence Force member (Veteran); or
You are a partner or immediate family member of a current or former reservist; or
You are a partner or immediate family member of a current or former allied military member where APOD has reciprocal arrangements in place; or
You are a member of an overseas affiliated service provider - Rewards for Forces (UK) / CF Appreciation (US / CAN).

APOD Representative:

You are an APOD employee or authorised representative.
You must also be able to provide one of the following forms of identification:
your Veteran Card File Number, First Name and Last Name which can be verified as current with the Department for Veterans’ Affairs; or
the defence.gov.au email address for the serving member whose association you have or are yourself; or

In the case you are a veteran or a person related to a veteran, you must supply us with the full name of the veteran and an email address for verification or PMKeys (formerly known as a service number) if still known.

In the case you are unable to provide us with a Defence email address, or verification of correct Veteran Card or association detail, or for other issues or options of providing verification, please contact APOD directly through our website or via email at (customerservice@apod.com.au)[mailto:customerservice@apod.com.au].

Membership Registration Form

By submitting your registration form to become a Member, you warrant that:

you meet the criteria as outlined above; and
the information provided by you:
is a true and accurate representation of your personal or familial connection with the Australian Defence Force or Department for Veterans Affairs (or the equivalent for allied countries where we have reciprocal arrangements in place) or Department of Veterans’ Affairs; and
can be authenticated to the absolute satisfaction of APOD.

Acceptance of your membership application may be subject to verification of the information you have provided. We reserve the right to conduct identity checks at any time, without warning, to verify your current and / or former connection with the Australian Defence Force or Department for Veterans Affairs. Such checks will be performed in compliance with APOD’s terms regarding collection, management, disclosure and use of personal information.

Our Obligations

We will use our best endeavours to list in the members’ area of our website www.apod.com.au (“Site”) current offers and discounts for products and / or services available to Members from Partners.

Upon the Effective Date, APOD will:

provide you with login details and further instructions for accessing your APOD account;
provide you access to the members’ area of the Site appropriate to your level of membership;
provide such codes, identifications, and other information to allow you to access Offers listed on the website; and
provide in its discretion other items of identification such as a membership card to allow you to identify yourself as a Member.

Your Obligations

You agree you will not duplicate, print, share or loan any part of your membership login to anyone, under any circumstances to any person.

You agree to immediately inform APOD in the event you no longer meet the eligibility terms as set out in these Terms.

You agree not to re-sell Offers to any other person.

Offers

All Offers listed on the Site are available for Members to receive from APOD’s Partners.

Once you decide to accept the Offer from a Partner you will need to either:

go to the Partner’s online shop to purchase the goods and apply the relevant code provided by APOD; or
go to the Partner’s retail shop and provide:
- the required APOD redemption ID as specified in the Offer; and
- evidence of your membership in APOD.

Offers listed on the Site are available to Members of APOD only, and not generally available.

You acknowledge and agree that Offers listed on the Site are:

solely made by APOD’s Partners for the benefit of Members only;
negotiated by APOD on behalf of Members;
not offers made by APOD to supply any products or services whatsoever; and
are not for re-sale and are not redeemable for cash.

Where goods and / or services are to be delivered to your premises, it is your responsibility to correctly inform the Partner of the address details and instructions for delivery.

Offers are subject entirely to the terms and conditions set by the Partner providing the Offer, which will be enforceable as deemed necessary by the Partner. Such terms and conditions may include but are not limited to:

that an Offer cannot be used after a particular date;
that an Offer may not be combined with any other discount or benefit;
that a purchase made with an Offer may be non-refundable if, for example, dates are cancelled or portions are unused;
that restrictions on age apply (including but not limited to sale of alcohol);
that delivery times are estimated and not guaranteed;
that the Offer does not apply or extend to service charges, taxes, gratuities, traveller costs, insurance, or other charges;
that cancellation fees may apply in full.

You acknowledge and agree that:

Offers may be subject to availability (including limits on availability to allow full-paying customers);
there may be high demand for certain Offers at certain times;
images of goods and services displayed on the Site may vary from what is provided by a Partner at the time of redemption of the Offer.

Disclaimer – Offers

You acknowledge that Offers listed on the Site may change from time to time and with no notice to you.

We attempt, to the best of our ability, to keep the information on our Site current, accurate and complete, however we make no representation as to the currency, accuracy and completeness of any information on the Site.

APOD does not accept any liability for:

the value or quality of goods or services received through any Offers made by Partners;
non-availability of goods or services displayed as Offers on our Site;
timing of delivery, or mis-delivery of goods or services purchased through Offers on our Site from Partners.

We will use our best endeavours however 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.

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

Term

Unless terminated earlier in accordance with these Terms, your membership:

is monthly from the Effective Date (for monthly subscriptions);
is for a period of 12 months from the Effective Date (for annual subscriptions);
may be extended for further periods of 1 month or 12 months upon payment by you of the subscription fee.

DVA Corporate Licence Members

If intend to be covered by APOD’s corporate licence with the Department of Veterans’ Affairs (“the Licence”), these Terms are varied as follows:

you will submit a completed online membership form, and include confirmation of your intention to be covered by the Licence;
your application may then be accepted by APOD in accordance with these Terms;
upon acceptance of your application, APOD will confirm your eligibility to be covered by the Licence with the Department of Veterans’ Affairs;
following confirmation of your eligibility, payment of your membership fee (as required by clause 6(c) herein) will be made by the Department of Veterans’ Affairs;
the Commencement Date will be that date upon which we received payment from the Department of Veterans’ Affairs;
unless terminated earlier in accordance with these Terms, your membership is for a period continuing for the duration of the Licence or to the next 30th of June (whichever is earlier); and
your membership may be extended:
- in the event that the Licence continues to apply, for the duration of the Licence or to the next 30th of June (whichever is earlier);
- in the event that at any point the Licence no longer applies, upon payment by you of a subscription fee (in which case these terms that apply to the Licence no longer apply).

You agree to provide your veteran card details to APOD in order that APOD can confirm your eligibility to be covered by the Licence with the Department of Veterans’ Affairs.

Veteran Spouse Members

To qualify for a free veteran spouse membership:

you will be invited by a member covered by APOD’s corporate licence with the Department of Veteran Affairs;
your account will be linked with the above member’s account;
your membership term will be for 6 months or until 31 October 2020 (whichever is earlier);
a spouse is a partner, de facto or married, who normally lives with a current or ex-serving defence member; and
your membership may be extended at APOD’s sole discretion or if you chose to pay for a subscription.

Termination

Membership will immediately terminate should you no longer meet the eligibility terms as set out in these Terms.

We may terminate your account if you have:

breached any of these Terms;
provided us with false or misleading information;
engaged in conduct that brings APOD or the Program into disrepute (as determined by us in our unfettered discretion); or
engaged in fraudulent activity in connection with the Program in any way.

We may, at our sole discretion, suspend your membership for any period if we reasonably suspect that you have breached these Terms or otherwise engaged in conduct that we consider brings APOD or the Program into disrepute.

Upon suspension or termination of your membership, we reserve the right to notify Partners that your membership has been suspended or terminated.

As membership gives immediate access to all Offers available through the Program, we do not provide refunds of membership fees for early termination or any other reason.

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 membership in the Program.

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 membership 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.

In any event, you agree our maximum aggregate liability to you arising as a result of the performance or contemplated performance of the Terms will be limited to the cost of your APOD membership for the year in which any such liability is incurred.

Intellectual Property

All content provided on our Site (“Materials”) is the intellectual property of APOD, its Partners, and respective third-party authors, developers, and service providers and are the copyrighted work of APOD, Partners and/or the third-party providers.

Any unauthorised use of the Materials 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 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 use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Confidentiality

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 and liability for all activities that occur under your account or password.

Personal Information

Personal information is collected by us for the purposes as disclosed in our Privacy Policy. By submitting a complete online membership application form, you warrant that you have read our Privacy Policy.

You consent to and permit APOD to collect, manage, and use your personal information, and to disclose your personal information to third parties including but not limited to Department of Defence, Department of Veterans’ Affairs, and to our Partners, for the purposes set out in our Privacy Policy.

In circumstances where you have provided us with personal information about another person (for example, to verify you are a direct family member of a current or former member of the Australian Defence Forces (including reservists), you warrant that you have sought and gained their permission to give us that information.

General

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 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 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.

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