Licence to Shop - Terms & Conditions
Version 2.0 27/12/2018
By using our website or placing an order you agree to be bound by these terms and conditions (T&Cs). We reserve the right to change these T&Cs at any time. It is your responsibility to check for such changes.
References to “TVSN”, “we”, “us” or “our” are references to TVSN Channel Pty. Ltd. (ABN 96 111 806 958), its authorised representatives, or another company within the Direct Group grouping of companies (DG) (where applicable).
For further information, and if you would like a printed copy of these T&Cs, please contact the TVSN Customer Care team. Australia 13 23 10 or firstname.lastname@example.org, NZ 0800 101 301 or email@example.com
- The "Licence to SHOP Program" is the loyalty program operated by TVSN. On joining the Licence to SHOP Program, each member may collect benefits and qualify for awards by purchasing qualifying goods or services.
- You acknowledge and agree that:
- Only individuals may be members of the Licence to SHOP Program.
- Membership of the Licence to SHOP Program is currently free (although TVSN reserves the right to charge for membership in the future).
- 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 TVSN’s sole discretion and are governed by these T&Cs. 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 one membership, TVSN reserves the right to combine all those individual’s 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 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 of any change of address or other contact details. If you fail to keep TVSN informed of your current address and other contact details, then TVSN will not be liable for delayed communications or deliveries, including the sending or receiving of voucher awards, unauthorised use of a membership, or the consequences of you 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 if the relevant member:
- fails to comply with the T&Cs; or
- uses TVSN social media or digital platforms in a manner that is not in accordance with law, or is offensive, rude, defamatory or irrelevant; or
- abuses any privilege accorded to the member under the Licence to SHOP program; or
- through unlawful, excessive, frivolous or mischievous action causes TVSN to credit awards or otherwise provide benefits to memberships that are not in accordance with the T&Cs; or
- supplies any misleading information or makes any misrepresentations to TVSN in connection with the Licence to SHOP program, dies, or becomes bankrupt.
- at your request (including but not limited to in respect of reactivation of a membership, which reactivated membership is subject to these T&Cs); or
- as required or permitted by law; or
- for our (or our affiliates’) 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.
- Licence to SHOP (LTS) benefits, as amended from time to time, are detailed on our website(s) (www.tvsn.com.au, www.tvsn.co.nz). LTS benefits will be credited to a member’s LTS account for purchases by the member of qualifying product. LTS benefits may also be credited to a member's account for promotional and incentive programs offered by TVSN on occasion. TVSN will determine which of its products are LTS qualifying products and also the benefits that will be credited to a member’s LTS account for such purchases.
- LTS benefits will be credited to the Licence to SHOP account:
- once the 40 day qualification period has elapsed; and
- only after either:
- full payment has been made; or
- upon TVSN’s receipt of the first instalment payment of the relevant transaction.
- TVSN will deduct LTS benefits for products returned, refunded or cancelled.
- LTS benefits and the rights they confer cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these T&Cs. LTS benefits have no cash or monetary value.
- Periodically, TVSN will forward a Status Update Notification to each Platinum for Life, Platinum, Gold, Silver and Bronze member setting out the membership level, LTS benefits credited and LTS benefits available. TVSN reserves the right to alter or cancel the Program at any time 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 Program 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 Status Update Notification as to a member's entitlement to claim an LTS benefit is conclusive in the absence of obvious error. In the event of a dispute about any details contained in the Status Update Notification, TVSN’s decision in such dispute is final and binding.
- A member who has received a Status Update Notification on his or her membership account will have the relevant LTS benefit value credited to their membership automatically by TVSN.
- If TVSN alters or cancels the Program at any time, TVSN will give members a reasonable period of time in which LTS benefits can be used. The right to use LTS benefits for a period of time after the Program is cancelled or altered is your only compensation in this regard.
LTS Benefit Scheme
- LTS benefits will only be made available in the name of the member’s account and can only be redeemed for the purchase of goods through TVSN.
- A LTS benefit is not redeemable for cash and cannot be cancelled or returned once issued.
- A LTS benefit may only be used for new purchases, and cannot be deducted from existing orders or applied against Easy Payments instalments.
- If the full amount of the LTS benefit is not used in one transaction, the balance of the benefit will remain on the customer’s membership up until the defined expiry date. The balance will not be refunded.
- TVSN is not liable for any loss or theft of any LTS benefits. If TVSN agrees to replace a lost or stolen benefit, the member must comply with such conditions as TVSN imposes.
- LTS benefits expire 90 days from the issuance of the Status Update Notification. TVSN is not liable for any LTS benefits not being redeemed either within time or for any other reason whatsoever.
- Refunds or credits for product purchased through redemption of LTS benefits will be credited to the member’s account. Credited LTS benefits will be available for 60 days from the date of TVSN processing the refund or credit transaction. Credited LTS benefits will only be reinstated a maximum of 2 times.
- Additional benefits are available at TVSN’s discretion during limited periods as advised by TVSN from time to time.
- Additional benefits will be rewarded for a member shopping during the limited period stated by TVSN at its sole discretion. These promotions are run on Australian Eastern Standard Time.
- Additional benefits will be credited to the Licence to SHOP membership as stated in paragraph 2.2 above.
Other deductions for benefits
- In addition to deductions for awards claimed, TVSN has the right to deduct from a members account LTS benefits credited in error.
- Members may pay for products and delivery charges by those means (including but not limited to credit cards and debit cards) which TVSN may permit in its sole discretion, from time to time (permitted payment methods) and, subject always to TVSN’s exercise of its overriding sole discretion to grant or withhold Easy 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 Easy 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 Easy Payments (where offered), 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 these T&Cs). TVSN reserves the right to make any changes or place limitations regarding the number of Easy Payments transactions a member may have "open" concurrently.
- A member may only have one Easy Payments item per order except in the event where the identical product and product number has been ordered. Where different product across varying product numbers has been ordered the order will be split out in to separate Easy Payments orders and Easy Payments facility fees, packaging, handling, postal charges and delivery surcharges (including but not limited to regional surcharges and bulky good surcharges will be applied to each separate order).
- If a member defaults on a second or subsequent Easy 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 $8.95 (inclusive of GST) will be charged and the member deemed to be in payment default.
- If a member pays by cheque in full 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 refer the member's details to TVSN's debt collection agency. TVSN may also, at its sole discretion, immediately make a demand for payment of:
- the outstanding instalments that are currently due for payment;
- any fees and charges relating to processing of the payment; and / or
- any remaining unpaid amounts that would otherwise have become payable as future instalments.
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 TVSN’s right under clause 7.7 above, if a member continues to be in default on payment, TVSN may, at its sole discretion add to the member’s account as a debt due and payable in addition to the then outstanding balance:
- direct costs incurred by TVSN in engaging a debt collection agency to recover the debt, and
- interest on the debt for each day it remains outstanding in an amount equal to the Commonwealth Bank of Australia’s then interest rate for unsecured business loans, and
- the amount of any reasonably incurred legal fees and associated costs incurred by TVSN in seeking to recover the debt.
- 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 reserves the right to 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 will not accept an Easy Payments order by credit/debit card if the credit/debit card expires ahead of the last instalment payment date except in circumstances where the new expiry date is provided.
- Notwithstanding clause 7.11 above, where a credit/debit card expiry date has or is about to expire, we may attempt to calculate the new expiry date and continue to process the transaction.
- Gift Cards can be used as full or partial payment for the purchase of goods through our website(s): TVSN.com.au, TVSN.co.nz or other modes as defined by TVSN . They can also be used by calling the Customer Care Team on 13 23 10 (AUS) or 0800 101 301 (NZ).
- Gift Cards or Virtual Gift Cards are not redeemable for cash and cannot be cancelled or returned once issued.
- The value or the balance of a TVSN Gift Card or Virtual Gift Card cannot be transferred to a new TVSN Gift Card or a TVSN Virtual Gift Card.
- is unable to cancel a Gift Card or Virtual Gift Card once issued.
- Lost or stolen cards, illegible or defaced cards will not be replaced or refunded.
- Gift Cards or Virtual Gift Cards cannot be used on existing orders or outstanding Easy Payments – they can only be used for new purchases.
- the full amount of the TVSN Gift Card or Virtual Gift Card is not used in one transaction, the balance of the Gift Card or Virtual Gift Card will remain on the customer’s membership for the next purchase. The balance will not be refunded.
- TVSN Gift Card or Virtual Gift Card will expire in 3 years from the date of issue. Once expired, the value of a TVSN Gift Card or TVSN Virtual Gift Card any remaining balance will expire and not be refunded or credited.
- T&Cs (eg for the Licence to SHOP program) apply to any transaction involving a TVSN Gift Card or Virtual Gift Card.
- check the balance of a TVSN Gift Card or virtual Gift Card, call our friendly Customer Care Team 13 23 10 (AUS) or 0800 101 301 (NZ)).
- TVSN reserves the right to make any variation to these T&Cs from time to time where we consider it reasonable and necessary to do so. Any new terms will be displayed on our website (and are available upon request in printed form) and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these T&Cs from time to time to verify such variations. You acknowledge and agree that, by placing an order at or after such variation, you are bound by the T&Cs as varied.
- All conditions and warranties, arising as to the condition, suitability, quality, fitness or safety of any product supplied by TVSN are expressly excluded to the fullest extent permitted by applicable law. If a product supplied by TVSN fails to meet a consumer guarantee, TVSN is obliged to:
- when there is a major failure, provide you with a replacement or refund; or
- where there is a minor failure, repair the product. If a repair service is not available a refund or replacement product will be issued
- The liability that TVSN may have to you whether for negligence, breach of contract or otherwise is limited:
- the case of any claim relating to benefits, to crediting those benefits to the member’s account.
- In the case of any claim relating to an LTS voucher, to crediting the correct value of the LTS voucher shown in the "Anniversary Letter" as necessary to claim that LTS voucher.
- 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. Products are deemed to be at your risk from the time of delivery to your 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 cancel an order without charge if they notify TVSN prior to TVSN processing that order for despatch. TVSN provides various means for cancellation to be communicated to it, including phone 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 a product after an order has been processed, this can be done in accordance with these T&Cs, please see clause 5 above in relation to ‘Can I return an Item?’.
- A member may only change a delivery address under or in relation to an order prior to despatch of the corresponding product. 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, postage & handling, postal charges and delivery surcharges of couriered items to non-metropolitan areas as defined by TVSN).
- TVSN endeavours to provide accurate, timely and up-to-date pricing for product and delivery charges (including but not limited to packaging, postage & handling, postal charges and delivery surcharges of couriered items to non-metropolitan areas as defined by TVSN) but you acknowledge that errors or omissions may occur in pricing from time to time.
- 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. All responsibility for delivery services lies with the relevant delivery service provider (currently Australia Post/NZ Post and their 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 required to make delivery, you acknowledge that these may incur additional charges.
- TVSN is not able to combine multiple-orders into one despatch due to system processing limitations.
- This website (TVSN.com.au and TVSN.co.nz) and all intellectual property rights in it including but not limited to any content are owned by TVSN. Intellectual property rights means rights such as: Copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Nothing in these T&Cs grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust, try to circumvent or delete any digital rights or other security technology contained within the website.
- Each time you place an order with TVSN or otherwise transact with TVSN under or in relation to these terms and conditions, you represent and warrant that:
- you agree to be bound by these T&Cs (as varied from time to time), such that there exists a legally enforceable agreement between you and TVSN;
- that you are able to form legally binding contracts under applicable law; and
- 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.
- Notwithstanding any other provision of these T&Cs, you agree and give your consent such that:
- TVSN may undertake such credit checks as it regards as reasonable in its sole opinion to determine your creditworthiness at any time without notice;
- TVSN may undertake address verification checks as it regards reasonable to verify your address details correlate with those attached to your account at any time without notice; and
- 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 T&C (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.