Terms & Conditions

Welcome to the Terms and Conditions for Travel Club. This is an agreement ("Agreement") between West Australian Newspapers Ltd (008 667 632) (WAN), the owner and operator of www.westtravelclub.com.au (the "Site), and you ("the User" or “the Member”) a user of the Site. 

These terms and conditions apply when you ("the Member"):

1. Join as a Member of Travel Club; or
2. Redeem a Third Party or Supply Partner Offer from Travel Club; or
3. Register to a Travel Club event; or
4. Purchase a Travel Club product or service over the phone via the Travel Club service team. 

This Agreement is governed by the law of Western Australia and the parties consent to the non-exclusive jurisdiction of the courts of that State and will not object to that jurisdiction on the grounds of convenience or otherwise.  You must be over 18 years of age and living in Australia to become a member or purchase any items and services displayed on this website.

Definitions

In these terms and conditions:

”West Australian Newspapers”, “WAN”, “we” or “us” means West Australian Newspapers Limited (008 667 632) and its related corporations (as defined by the Corporations Act 2001).

“User” means a person who is accessing the website www.westtravelclub.com.au.

“Travel Club” means WAN’s social, content and website www.westtravelclub.com.au.

“Member” means a person who has joined Travel Club and includes Gold Members.

 “Gold Member” means a person who has joined as a Gold Member of Travel Club.

“Third Party” means a person or group besides WAN and the Member.

“Supply Partner” means a person or company that provides products or services to Travel Club Members.

“Offer” means an advertisement which is displayed on the Travel Club website, and is accessible only to Travel Club Members in a variety of ways including through the Facebook sites of WAN publications. “Gold Member Benefits” means discounts, vouchers or free products and or services provided only to Gold Members of Travel Club as part of their membership. These are subject to the various Supply Partner terms and conditions as advised on www.westtravelclub.com.au.

Privacy

WAN is collecting your personal information for the purpose of processing and managing your purchase or membership and understanding our audiences. WAN will otherwise handle your personal information in accordance with Seven West Media's Privacy Policy which is available on our website at http://www.sevenwestmedia.com.au/privacy-policies (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information). By agreeing to these terms and conditions, you agree to the terms of the Privacy Policy. Without limiting the foregoing, WAN may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with WAN. In addition, by subscribing to or ordering from Travel Club, you consent to WAN using your personal information for the purpose of WAN and its related entities sending you information regarding offers, products and services available through them and/ or through their business partners. We will always provide you with the ability to opt out of those communications.

If you do not want your details to be used for the purposes stated please write to The West Australian at email privacy@wanews.com.au or post to Privacy Officer, GPO Box D162 Perth WA 6840 and WAN will ensure that the details are not used for that purpose.

If you do not agree to the Terms and Conditions or the Privacy Policy please cease using our Site immediately.

Services & Commencement

WAN will provide the Travel Club Products and Services for Gold Members identified in the Member Benefits page on the website www.westtravelclub.com.au (as confirmed in the Payment Receipt provided by WAN to the Member) once payment is received by WAN from the Member. Subject to the terms and conditions, the Travel Club Member Benefits will be delivered in accordance with any specifications or requirements set forth in the initial Payment Receipt.

Member Benefits will commence on the date of the purchase of the Travel Club Gold Membership, and the initial term of that contract is 12 months (unless otherwise specified). WAN and Travel Club will not be held accountable for delays caused by the client including but not limited to the provision of address information etc.

Fees & Membership

1. The standard annual membership fee for a Travel Club Gold Member is AUD$49.00.
2. Prices quoted on www.westtravelclub.com.au for Travel Club Memberships are inclusive of GST. Please note delivery fees for products are included in this membership fee.
3. Travel Club products can be picked up for free from Newspaper House, 50 Hasler Rd, Osborne Park (please bring your Payment Receipt as proof of Gold Membership) or delivery by contacting  info@westtravelclub.com.au or 1800 429 000 during business hours which are 9am to 4pm Monday to Friday.
4. Upfront Payment: The full Annual Membership fee payment will be debited in one instalment from the Member’s nominated credit card account on the date of joining the Travel Club, and then annually on each anniversary via a nominated MasterCard or VISA account, given notice by WAN.
5. Your membership may be suspended if payment is not received by the invoice payment due date.
6. A Travel Club membership is not transferable. Only the named person/s listed on the membership website may use it.
7. A Travel Club membership is not refundable. 
8. There is no pro-rata or refund membership memberships.
9. If your payment is not successful or dishonoured by your financial institution, you will receive notification requesting immediate payment. If your payment is not successful or dishonoured WAN reserves the right to charge a dishonour fee. Your new or renewed yearly membership will not be confirmed until a successful payment has been processed.
10. You authorise WAN to debit from your nominated credit card account in amounts advised.
11. By joining the Travel Club as a Gold Member, you agree to an automatic rollover of your Travel Club membership from year to year unless you choose to opt out during the designated timeframe set by WAN.
12. If a payment falls due on a day which is not a business day in Western Australia, the debit will occur on the next business day.
13. If payment fails to transfer from your bank, further attempts will be made to clear the funds until it has been processed.
14. It is your responsibility to:
    1. Have sufficient clear funds available in the nominated credit card account on the scheduled payment date.
    2. Ensure the account details you have provided are correct, including letting us know should the expiry date change.
    3. Ensure your contact details are correct at all times and to update them if they do change.
    4. You acknowledge that membership fees may increase from year to year.
15. WAN will provide you with 10 (however many days' notice we can) via email of changes in the new amount of your next year’s membership prior to the payment being deducted and/or of any changes to the Travel Club terms and conditions.
16. We may refer any outstanding balances to our collections agency for recovery. This may incur additional costs that you will be responsible for.
17. You may only pay your Travel Club Membership dues online with a credit card. No other form of payment will be accepted.
18. If you believe a payment has been done incorrectly, please contact our membership team on 1800 429 000 during business hours which are 9am to 4pm Monday to Friday.
19. You become a member of Travel Club at your risk entirely and WAN accepts no liability for any matter arising from your use of the Membership.
20. New paying members cannot be added on to an existing Annual Membership and will need to create their own Annual Membership.
21. WAN reserves the right to refuse any application for membership.
22. If your membership is suspended or cancelled, all membership benefits including access to Third Party / Supply Partner Offers will be suspended.
23. A Travel Club membership is only valid during the period up to and including the date of expiry.
24. Membership benefits, terms and conditions may be amended or revoked at WAN’s discretion.
25. You acknowledge that the products and services available under Travel Club may be modified by WAN from time to time (including, without limitation, any pricing).

Changes to Your Membership Details

Your Travel Club Membership details can be changed by you online via your member login portal. 

To make any changes to your account or membership with any of Travel Club’s Third Party Suppliers, you will need to contact these companies directly.

Cancellation

Should you wish to cancel, you can do so by changing your payment for a Travel Club membership online via the portal or contacting Travel Club membership team on 1800 429 000 during business hours (9am to 4pm Monday to Friday) before the end of your annual membership. Or, to opt out of your Travel Club Membership online before the automatic renewal payment is deducted, you will need to login to your Member portal and cancel your membership using the ‘Cancel Membership’ button.

Please note that should you choose to cancel prior to the end of the annual period, your membership will still run to the end of the current subscription period and you will not be refunded any amounts already paid in advance for year. 

WAN reserves the right to suspend or cancel your Membership at any time in its absolute discretion, provided that WAN gives you notice of such suspension or cancellation. In the event that WAN cancels your Membership, you will receive a pro-rata refund for the outstanding portion of your Membership.

Travel Club Offers & Additional Products

Clients will be provided with the option to purchase other products and services in addition to their Travel Club Membership.  Purchases of these additional products and services will be billed and managed separately to any Travel Club Services.

Delivery Areas

Print Memberships to Pacific Magazines and deliveries of Travel Books (part of the Member Benefits) are valid in the existing delivery network of Australia only.

Indemnity & Warranty

The information contained on this Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. To the maximum extent permitted by law, WAN gives no warranties of any kind in relation to the Site or its contents or in relation to any goods or services supplied to you by WAN or a Third Party as a consequence of you using the site. The images used on the site are for illustration purposes only and may not reflect your actual holiday experience.

Except for liability for fraudulent misrepresentation, we are not liable for:

1. any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;
2. any dealings you have with Third Parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
3. any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms.

In the event that this Agreement constitutes a supply of goods or services to a consumer as defined in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (C’th) as amended, or any other national, State or Territory legislation (“the Acts) nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder which pursuant to the Acts or any of them is applicable or is conferred on Publisher where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, WAN’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

1. In relation to goods (A) the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or (B) the repair of the goods or payment of the cost of having goods repaired;
2. In relation to services (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again

as in each case WAN may elect.

By using this Site, you forever release and indemnify WAN, its Related Entities (as defined in the Corporations Act 2001), their directors, employees, contractors and agents against any loss or liability, whether direct or indirect and whether foreseeable or not, whether in contract, tort or under a statute or otherwise which they may suffer or incur as a result of the supply by the Third Party / Supply Partner of any goods or services, or use of any goods or services supplied by the Third Party as a as a consequence. 

WAN is not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.

The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error free, available all the time and/or free from viruses.

Disclaimers

You agree that any errors made in entering your contact information and order details are your responsibility and WAN is not liable for any consequences that may arise as a result of such errors or incorrect information, including but not limited to the address as notified by you. If you change your email address or any other relevant details or do not receive your Member Benefits, you should notify WAN by contacting the Member Services Team on 1800 429 000 during business hours which are 9am to 4pm Monday to Friday.

To the extent permitted by law, WAN is not liable to you for any loss or damage incurred by you in connection with your Membership, whether direct, consequential, special, indirect or other loss or damage. In any event, WAN’s maximum liability to you is limited to the value of the Membership fees paid within the previous twelve months.

To the extent permitted by law, you specifically agree that WAN, its employers and Travel Club Third Party / Supply Partners are not responsible or liable for:

• Any damages, claims, losses, liabilities, costs and expenses of any kind for any Content you choose to upload, download, post, email, transmit, store, share or otherwise make available to any other person, any Third Party or any website, including social media platforms;
• Any unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into by you through our website;
• Any threatening, defamatory, obscene, offensive or illegal content or conduct of any party;
• Any infringement of another's rights, including intellectual property rights;
• Any Content; or
• Any Third Party website, material or content (whether accessed via this website or otherwise) or any Third Party service available from this website by linking to that Third Party site.

WAN and Travel Club Content

WAN and Travel Club copyright material must not be reproduced without permission.  ALL copyright material including, but not limited to articles, information, data, photographs and artists illustrations contained within Travel Club is owned by WAN and is subject to Australian and international copyright laws. Subject to the provisions of such laws the client must not copy, reproduce, re-broadcast or re-transmit any material contained within, whether in whole or in part, by any means or attempt to deal in infringing copies taken from this site.

Where WAN has assisted in the creation or uploading of content for a Supply Partner or Third Party onto Travel Club, WAN and Travel Club do not warrant the accuracy of such content. The Supply Partner or Third Party is responsible for checking the accuracy of all information and content provided to them by Travel Club.

Links to Third Party Websites

We are not liable or responsible for the Third Party content on this Site. Third Party content includes, for example, comments posted by users and the content of advertisements.

Certain content displayed on this website may be sourced from, and certain links on or from this website may lead to, sites and resources located on servers maintained by others over whom we have no control. We make no representation as to, and accept no liability for, the use of such content or such links or the accuracy or any other aspects of that content or the information.

If our website links to the website of a Third Party, you understand and agree that we take no responsibility for any information provided on that website or its content generally. Any issue that you may have with that Third Party website is the sole responsibility of the relevant Third Party / Supply Partner service or content provider.

Where this Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of Third Party sites or resources.

Third Party Agreements

The Third Party Supplier, by submitting or authorising material for publication by Travel Club and in consideration of the Travel Club agreeing to publish the material:

Indemnifies WAN, Travel Club their employees, agents and related companies (as defined in the Corporations Act) against all actions, proceedings, claims, demands, losses, damages, cost and expenses (including indemnity legal costs) arising out of or in connection with the publication of the material including any such action, proceedings, claims, demands, losses, damages, costs and expenses relating to defamation, malicious falsehood, breach or infringement of copyright, trademark or design, breach of the Competition and Consumer Act or breach of any other legal, equitable or statutory rights or breach of the warranty.

Warrants that publication of the material will not give rise to any claim of breach of any legal, equitable or statutory rights against WAN or Travel Club and will not breach any laws or regulations including, the prohibitions relating to advertising in the Australian Consumer Law (schedule 2) of the Competition and Consumer Act.

Agrees that WAN and Travel Club have no liability to the client and the client indemnifies WAN and Travel Club in relation to any claims by third parties in relation thereto including by means of any failure of telecommunications services or systems which affect any such Third Party.

General

You acknowledge and agree that you are entitled to purchase a Gold Membership from Travel Club for personal use only and that Memberships cannot be exploited for any commercial purpose, including on-selling your Membership to any Third Party. You acknowledge that these Terms and Conditions may be modified by WAN from time to time, and agree that you are responsible for regularly reviewing these Terms and Conditions and your continued use of the membership constitutes your acceptance of any such modifications.

Any changes made after you have placed an order will not affect the order, unless such changes have been required by law. 

Force Majeure:
WAN shall not be liable in any circumstances whatsoever to perform any obligations to be performed by it hereunder where such failure is due to any cause beyond its reasonable control, provided that so soon thereafter as such cause has abated WAN shall use reasonable commercial efforts to resume performance of the obligation hereunder frustrated thereby.

Non-waiver
The failure or delay of WAN to exercise any right or remedy provided for herein shall not be deemed a waiver of that right or remedy or of any other rights or remedies available hereunder.

Enforceability
If any provision or portion of this Agreement is held to be unenforceable or invalid, the remaining provisions and portions thereof shall nevertheless be given full force and effect.

Customer Service Contact

To get in touch with the Travel Club Help Desk please:

1. Send a message: though our online Contact form
2. Send an email to: address info@westtravelclub.com.au
3. Phone: 1800 429 000 during business hours which are 9am to 4pm Monday to Friday.