Licence to Shop
Version 1.1 30/12/2011
These terms and conditions are published by TVSN Channel Pty. Ltd. (ABN 96 111 806 958) (TVSN, us, we
) and apply to dealings and transactions with past, present and future members of our Licence to SHOP Program (you, your
or, as applicable, member
Once you sign up as a member, each time you place an order with us, you do so under the terms and conditions which are current at the time of placing your order. Please note that these terms and conditions, along with our Returns Policy
, may be changed (varied
) from time to time without prior notice to you and that it is your sole responsibility to check for such changes.
These terms and conditions, which also incorporate our Returns Policy
, form the basis of our Licence to SHOP Program. While current versions are posted to our website(s), printed copies of our current terms and conditions, our current Returns Policy
are also available on request from TVSN Customer Care.
In these terms and conditions "TVSN" means TVSN Channel Pty. Ltd. (ABN 96 111 806 958) or its authorised representatives and "Licence to SHOP Program" means those arrangements by which a member may collect benefits by purchasing qualifying goods or services and thereby qualifies for awards under or in relation to these terms and conditions.
You acknowledge and agree that:
a. Only individuals may be members of the Licence to SHOP program.
b. Membership of the Licence to SHOP Program is currently free (although TVSN reserves all rights to charge for membership in the future).
c. An individual who wishes to become a member of the Licence to SHOP Program can place orders for goods or services supplied or to be supplied by TVSN or on our behalf by approved third party suppliers (Product) in the ways provided for by TVSN and is legally bound by these terms and conditions as varied on from time to time.
d. The version of these terms and conditions which is current at the time you place an order will apply to that order.
e. After issue, protection and security of usernames and passwords issued by TVSN under or in relation to the Licence to SHOP Program is the sole responsibility of the individual(s) to whom they are issued.
Memberships are made available at TVSNís sole discretion and subject to these terms and conditions. Memberships are limited to one per individual and a maximum of four individuals per principal address. If TVSN become aware of an individual with more than a single membership, TVSN reserves the right to combine that individualís memberships into one single membership.
An individual's membership purchases must be linked to that individual's permitted payment method(s). However, more than two memberships linked to a single credit card or single cheque account may be deemed by TVSN as being a single member. Any single member, whether deemed or actual, may use multiple payment methods provided that they are currently permitted payment methods.
You must promptly notify TVSN immediately of any change of address or other contact details. In any event, TVSN is not liable for any delay in relation to communications, including but not limited to the sending or receiving voucher awards or for any unauthorised use of a membership or voucher claims or a member not otherwise receiving postal or email communications in a timely fashion or at all.
TVSN may cancel a membership in the Licence to SHOP program without notice for any reason including but not limited to, if the relevant member:
a. fails to comply with these membership terms and conditions; or
b. abuses any privilege accorded to the member under the Licence to SHOP program; or
c. through excessive, frivolous or mischievous action causes TVSN to credit awards or otherwise operate the memberís account to the detriment of TVSN; or
d. supplies any misleading information or makes any misrepresentations to TVSN in connection with the Licence to SHOP program, or does not use his or her membership for a period of 12 months, or dies, or becomes bankrupt.
A member may terminate membership in the Licence to SHOP Program at any time by giving written notice to the TVSN Customer Care Manager by emailing to firstname.lastname@example.org
a. at your request (including but not limited to in respect of reactivation of a membership, which reactivated membership is subject to these terms and conditions); or
b. as required or permitted by law; or
c. for our (or our affiliatesí) marketing purposes, provided that the information is used in anonymous and aggregated form.
Membership benefits are not transferable.
Any tax, liability, or duty of any kind arising from a member's participation in the Licence to SHOP program is the sole responsibility of the member.
2. Earning benefits
Licence to SHOP benefits, as amended from time to time, are detailed on our website (www.tvsn.com.au). Benefits will be credited to a Licence to SHOP account for purchases by the member of qualifying Product. Benefits may also be credited to a member's account for promotional and incentive programs offered on occasion. TVSN will determine which Product is qualifying Product and the benefits that will be credited to a members account for such purchases.
Benefits will be credited to the Licence to SHOP account only after full payment of the relevant transaction. Membership benefits will be deducted for products returned, refunded or cancelled. TVSN reserves the right to make any change regarding fair usage including but not restricted to, limiting the number of transactions any member may refund, cancel or return.
Benefits for part payment transactions will be credited on the full value of the order, from first part payment to completion of the final payment.
Benefits and the rights they confer cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these terms and conditions. Benefits have no cash or monetary value.
3. ďAnniversary LetterĒ and voucher scheme
Periodically, TVSN will forward an "Anniversary Letter" to each Platinum for Life, Platinum, Gold, Silver and Bronze member setting out the membership level, vouchers credited and benefits available during the following 12 month period (being, together with the points system upon which they are currently calculated, collectively for convenience, the Scheme). TVSN reserves the right to alter or cancel the Scheme at any time without notice and without compensation save as expressly provided for under or in relation to these terms and conditions. TVSN will make available revised (current) versions of the relevant Scheme documentation both via its website(s) and, upon request, in printed form but TVSN is not otherwise obliged to notify members or third parties of variations or cancellation and is not liable in any way for failure to do so.
The "Anniversary Letter" as to a member's entitlement to claim a voucher value is conclusive in the absence of obvious error. In the event of a dispute about any details contained in the "Anniversary Letter", TVSNís decision in such dispute is final and binding.
A member who has received an "Anniversary Letter" on his or her membership account will have the relevant voucher value credited to their membership automatically by TVSN. For security reasons, the member must make purchases personally.
Vouchers will only be made available in the name of the memberís account.
The value of the voucher claimed will be deducted from the awarded voucher balance of the member's account, with the oldest voucher purchases being deducted first. The voucher may only be used for new purchases, and cannot be deducted from existing orders.
TVSN is not liable for any loss or theft of any voucher values. If TVSN agrees to replace a lost or stolen benefit, the member must comply with such conditions as TVSN imposes.
Voucher values must be redeemed within 60 days from the issuance of the "Anniversary Letter". TVSN is not liable for any voucher amount not being redeemed either within time or for any other reason whatsoever.
Refunds or credits for Product purchased through redemption of vouchers will be credited to the memberís account. Credited voucher values will only be available for 30 days from the date of TVSN processing the refund or credit transaction. Credits or refunds for voucher purchased Product will only be made a maximum of twice.
4. Other deductions of benefits
In addition to deductions for awards claimed, TVSN will deduct from the benefits balance in a Licence to SHOP member's account any benefits credited in error and any benefits relating to a transaction which is cancelled or reversed or where a refund is given.
Members may pay for Product and delivery charges by those means (including but not limited to credit cards, debit cards, cheques and money orders) which TVSN may permit, in its sole discretion, from time to time (permitted payment methods) and, subject always to TVSNís exercise of its overriding sole discretion to grant or withhold part payment facilities to a member, either in whole or in part.
If a member seeks to make a card payment in the full amount or against a first part payment, and the relevant card payment is rejected or declined for any reason, TVSN reserves its rights under these terms and conditions to reject the relevant order either in whole or in part.
If a member elects to pay by part payment, that member agrees to pay the full amount over the specified time frame as set out in the payment schedule on the Product receipt (unless the relevant ordered Product is validly returned under and in accordance with our Returns Policy). TVSN reserves the right to make any changes or place limitations regarding the number of part payment transactions a member may have "open" concurrently.
If a member uses part payment facility, a $2.20 fee (inclusive of GST) will be added to the first part payment. A member may only have one part payment item per order.
If a member defaults on a second or subsequent part payment and such payment made by card, TVSN will attempt to seek payment a second time. However, if the relevant card payment is declined on the second attempt, a fee of $4.95 (inclusive of GST) will be charged and the member be deemed in payment default.
If a member pays by cheque in full payment or against any part payment, and the cheque is dishonoured or otherwise does not clear, the member is deemed in default on payment.
If a member continues to be in default on payment, TVSN may, at its sole discretion, refer the member's details to TVSN's debt collection agency to recover the outstanding balance. Until the debt is paid in full, the member's account will remain on hold and no further orders will be taken.
In addition to TVSNís right under clause 5.7 above, if a member continues to be in default on payment, TVSN may, at its sole discretion add to the memberís account as a debt due and payable in addition to the then outstanding balance (i) the direct costs incurred by TVSN in engaging a debt collection agency to recover the debt, and (ii) accrued interest on the debt for each day it remains outstanding in an amount equal to the Commonwealth Bank of Australiaís then interest rate for unsecured business loans, and (iii) the amount of any reasonably incurred legal fees and associated costs incurred by TVSN in seeking to recover the debt.
TVSN reserves the right refuse to process a payment against a credit card after the second attempt (or in relation to a dishonoured or otherwise non-cleared cheque).
TVSN reserves the right to re-submit any late payment instalment at any time after any late payment or default. In the event that the full instalment of a late payment cannot be deducted, TVSN reserves the right to deduct any amount less than the value of the due amount until the debt is paid in full.
TVSN will not accept a payment by credit card if the credit card expires ahead of the last instalment payment date except in circumstances where the new expiry date is provided.
Notwithstanding clause 5.11 above, where a credit card expiry date has or is about to expire, we may attempt to calculate the new expiry date and continue to process the transaction.
TVSN Gift Cards
a) A TVSN Gift Card can only be redeemed for the purchase of goods through TVSN.
b) A TVSN Gift Card is not redeemable for cash and cannot be cancelled or returned once issued.
c) Lost or stolen cards, illegible or defaced cards will not be replaced or refunded.
d) A TVSN Gift Card can only be used for new purchases: it cannot be used for existing orders or outstanding part payments.
e) If the full amount of the Gift Card is not used in one transaction, the balance of the Gift Card will remain on the customerís membership for the next purchase. The balance will not be refunded.
f) The Gift Card will expire 2 years from the date of issue.
g) When a TVSN Gift Card expires, remaining funds on the Gift Card will not be refunded or credited.
h) The terms & conditions of TVSNís current Licence to Shop program (also available in hardcopy on request) apply to any transaction involving a TVSN Gift Card.
TVSN reserves the right to make any variations to these terms and conditions at any time without prior notice and in its absolute discretion (even if the change has the effect of reducing or eliminating the number or value of, or the period for expiry of existing or future benefits, the benefits balance in any memberís account). TVSN will make available revised (current) versions of relevant documentation both via its website(s) and, upon request, in printed form but TVSN is not otherwise obliged to notify members or third parties of variations and is not liable in any way for failure to do so. You acknowledge and agree that, by placing an order at or after such variation, you are bound by these terms and conditions as varied.
TVSN reserves the right to suspend, terminate or modify the Licence to SHOP program at any time without prior notice. TVSN will not be liable for the suspension, termination or modification of the Licence to SHOP program on any account whatsoever including (without limitation) for any benefits balance in a memberís account at the time of suspension, termination or modification.
All conditions and warranties, arising as to the condition, suitability, quality, fitness or safety of any Product supplied under the Licence to SHOP program are expressly excluded to the fullest extent permitted by applicable law. Any liability TVSN may have to a member or third party in receipt of Product is limited, where permitted, to supplying, or paying the cost of supplying, Product again or, if applicable, repairing, or paying the costs of repairing, the Product each at TVSN's sole option.
The liability that TVSN may have to a member whether for negligence, breach of contract or otherwise is limited:
a. In the case of any claim relating to benefits, to crediting those benefits to the members account.
b. In the case of any claim relating to a voucher, to crediting the correct value of the voucher shown in the "Anniversary Letter" as necessary to claim that voucher.
c. In any other case, to a maximum of five per cent (5%) of the value of the relevant order.
An individual notice shall be deemed to be given by TVSN to a member if it is sent to the postal or email address of the member appearing in the TVSN database. TVSN may also give general notices affecting some or all members through its website(s) or through such other channels of communication under its control as TVSN, in its sole discretion, deems appropriate.
It is expressly agreed and declared that Product remains the sole and absolute property of TVSN as legal and equitable owner until all monies owing to TVSN in respect of the relevant Product order(s) have been paid. Product will be deemed at your risk from the time of delivery of the relevant Product delivery to the specified delivery address.
TVSN reserves the right to accept or reject any order it receives either in whole or in part, for any reason or no reason, and in its sole discretion.
A member may only cancel an order without charge prior to that order being processed for despatch. TVSN may provide various means for cancellation to be communicated to it but the sole risk and responsibility lies on the member to confirm cancellation with TVSN ahead of the order being processed for despatch. If a member wishes to return Product after an order has been processed, this must be done under and in accordance with our Returns Policy.
A member may only change a delivery address under or in relation to an order prior to despatch of the corresponding Product. A member acknowledges that making a change to the delivery address will require cancelling that order and re-issuing a new order. The member further acknowledges the risk of stock from an item being sold in the period between the cancellation and re-issuing of an order. TVSN may provide various means for change of address to be communicated to it but the sole risk and responsibility lies on the member to confirm change of address with TVSN ahead of the relevant Product being despatched.
TVSN will seek to indicate through its website(s), on-air, the IVR, Customer Care and other means of communication whether or not pricing of Product includes or excludes delivery charges (including but not limited to packaging, handling and postal charges).
TVSN endeavours to provide accurate, timely and up-to-date pricing for Product and delivery charges (including but not limited to packaging, handling, postal charges and regional surcharges) but you acknowledge that errors or omissions may occur in pricing from time to time and that, in the event of any such error or omission occurring in relation to your order(s), you will negotiate in good faith with TVSN to resolve the issue.
TVSN will, where relevant and commercially reasonable, seek to provide reductions on delivery charges (including but not limited to packaging and handling charges) where possible in relation to ďmulti-packĒ orders but, otherwise, all responsibility for delivery services lies with the relevant delivery service provider (currently Australia Post and its affiliates), including but not limited to timing, point of delivery and charges. Where special delivery services (including but not limited to express delivery services, bulky item delivery services or courier services) are requested or are necessary to make delivery, you acknowledge that these may incur additional charges.
TVSNís ď30 Day Money Back GuaranteeĒ applies subject to terms and conditions, including but not limited to these terms and conditions. In order to make use of TVSNís ď30 Day Money Back GuaranteeĒ, you must comply strictly with our Returns Policy.
TVSN will not combine multiple-orders into one dispatch due to system processing limitations.
Each time you place an order with us or otherwise transact with us under or in relation to these terms and conditions, you represent and warrant that:
b. that you are able to form legally binding contracts under applicable law; and
c. if you are placing an order on behalf of any other person(s), you are duly authorised to enter into a legally binding agreement on behalf of the relevant person(s), that the relevant person(s) will abide by the provisions of the such agreement and the relevant person(s) will indemnify us against their failure to abide by the provisions of such agreement.
a. TVSN may undertake such credit checks as it regards as reasonable in its sole opinion to determine your creditworthiness at any time without notice; and
b. in the event of any default on payments owing by you or on your behalf to TVSN in respect of any order for Product or otherwise under or in relation to these terms and conditions, TVSN may, at its sole discretion, report such default to one or more credit rating agencies.
Our failure to insist upon or enforce strict performance of any provision of these terms and conditions or any agreement arising under or in relation to these terms and conditions (resulting agreement) is not be construed as a waiver of any provision or right. Any waiver of any provision or right will be effective only if in writing and signed by us.
These terms and conditions, together with any resulting agreement, are made under the laws of the State of New South Wales and any claims or disputes of any kind whatsoever arising under or in relation these terms and conditions or any resulting agreement are governed by those laws. You irrevocably consent and submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and any courts competent to hear appeals from those courts in relation to these terms and conditions or any resulting agreement and any claims or disputes arising under or in relation to these terms and conditions or any resulting agreement.
Headings in these terms and conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of sections or provisions within these terms and conditions.
If any terms or provisions arising under these terms and conditions or any resulting agreement are unenforceable for any reason, the affected portion is deemed severed and the remainder shall remain in full force and effect.