PACIFIC AUTO CLUB MEMBERSHIP TERMS AND CONDITIONS

Terms and Conditions

Effective 15 November 2015

1. Introduction
1.1 These Terms and Conditions and the Club Rules govern membership of the Pacific Auto Club and the use of Pacific Auto Club facilities.
1.2 Each Member of the Pacific Auto Club is responsible for complying with, and ensuring that their guests comply with, these Terms and Conditions and the Club Rules.
1.3 These Terms and Conditions are effective from the date of publication shown above and may be amended from time to time.

2. Definitions
2.1 In these Terms and Conditions, unless the context otherwise requires:
‘Benefits’ means any of the discounts, services or arrangements offered or provided to the Member from time to time by Pacific Automotive as a result of membership in the Pacific Auto Club;
‘Card’ means the Pacific Auto Club membership Card issued to the Member;
‘Club Rules’ means any rules, in addition to these Terms and Conditions, that Pacific Automotive reasonably deems to be necessary or convenient for the administration of the Pacific Auto Club or its facilities and that are notified to Members and their guests, including any rules posted on mymechanic.com.au or displayed in a Pacific Auto Club facility.
‘GST’ means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (C’th) and the related imposition Acts of the Commonwealth;
‘including’ means including without limitation;
‘Member’ (also referred to as ‘you’ or ‘your’) means a person who is a member of the Pacific Auto Club at the relevant time;
‘Guest’ means anyone who you have authorised to use facilities of Pacific Auto Club in a capacity of a Member;
‘Pacific Automotive’ (also referred to as ‘us’) means Pacific Automotive Services Pty Ltd ABN 73 145 379 773;
‘Pacific Auto Club Service Centre’ means the centre operated by or on behalf of Pacific Automotive Services Pty Ltd where membership information is processed and the Pacific Auto Club is administered;
‘Eligible Repairs’ means the repairs other than replacement of tyres, wheels, batteries and pre-assembled drivetrain components (such as engine, gearbox, differential).

3. Types of membership
3.1 Individual membership can be granted to individuals who are over 18 years of age and accumulate 1000 Pacific Auto Club Points.
3.2 One Point is granted for each dollar spent by you on Car Service and Car Repair; Points are also granted to you on any Car Service and Car Repairs provisioned by your Guests presuming Guests themselves are not Club Members;
3.3 Members can access Pacific Auto Club discounts program based on accumulated Points (also referred as “Points Schedule”); Discounts can only apply to invoices raised against Car Service and/or Eligible Repairs on item-by-item basis;
3.4 Pacific Club may change Points Schedule anytime without prior notice;
3.5 Discounts in Points Schedule are final and cannot be combined with any other offer;
3.6 The Points do not have monetary value and cannot be redeemed for cash and cannot be paid with or offset against any outstanding monies.
3.7 The Club membership is not available to Fleet Customers. For the purpose of these terms and conditions the Fleet Customer is an enterprise which possesses three or more vehicles.

4. Changes to the Benefits, Terms and Conditions or Club Rules
4.1 Pacific Auto Club reserves the right at all times to vary the Benefits, these Terms and Conditions and the Club Rules, and the Benefits offered in any way including by:
(a) opening new facilities;
(b) closing or ceasing to operate its facilities;
(b) changing the way its facilities are operated, including contracting any third party to provide the facility or any goods or services;
(c) varying the hours of operation of any its facility;
(d) varying the layout, location or other aspects of the facilities including the times during which they are available; and
(e) imposing restrictions on the use of facilities, goods or services by a Member or group of Members as may reasonably be deemed by Pacific Auto Club to be necessary or convenient for the orderly administration of the Pacific Auto Club and associated facilities;
4.2 Pacific Auto Club will use reasonable endeavours to advise Members of any material changes to the Benefits including by publishing the changes on the Pacific Auto Club pages of mymechanic.com.au.

5. Membership
5.1 Upon acceptance of enrolment in the Pacific Auto Club, each Member will be assigned a membership number and issued with a Card. The Card, along with the Membership number, Member’s surname and Member’s date of birth may be used for security of the Member’s membership information.
5.2 It is the Member’s responsibility to ensure the Card is kept secure.
5.3 Individual Members must enrol separately and may hold only one membership of the Pacific Auto Club at any time.
5.4 Each Member is responsible for advising the Pacific Auto Club of any change of name or address.
5.5 Membership will terminate automatically on the death of a Member. Pacific Auto will terminate the Member’s account on receipt of notification of the death of the Member.
5.6 Except as specified in these Terms and Conditions, membership is non-refundable and not transferable.

6. Use of the Card and Benefits
6.1 By using the Benefits, the Card, the Member agrees to be bound by these Terms and Conditions and the Club Rules, and provides the consent specified in clause 12.
6.2 The Card issued are and will remain the property of Pacific Automotive Services Pty Ltd and must be returned on demand or on termination of membership, whichever happens first. A Card must not be sold or copied by any person except Pacific Automotive.
6.3 The Card and membership number are valid for use only by the Member and their Guests. Cards are valid for use only during the period indicated on them (if any) and are not transferable. Members may authorise Guests by temporarily handing over the Card and directing them to visit the Pacific Auto Club facility;
6.4 In the event of loss, theft or unauthorised use of your Card, it is your responsibility to immediately advise the Pacific Auto Club Service Centre.

7. Fees
7.1 There are no joining or renewal fees, Pacific Auto Club reserves the right to charge a fee for any service requested by a Member including the issue of a replacement Card;
7.2 Pacific Auto will waive the replacement Card fee under any of the following circumstances:
(c) the Card has been stolen and a police report or reference number is provided to Pacific Auto; or
(d) the Card was not received by the Member from Pacific Auto (for example, it was lost in the mail)
7.3 Pacific Auto Club may amend the fees at any time.
7.4 All Pacific Auto Club fees are inclusive of any applicable GST. The Member is responsible for any additional costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from their use of the Benefits or any other goods or services offered or provided in connection with their membership.

8. Liability
8.1 Some of the goods or services which are offered or provided to Members in addition to the Benefits offered or provided by Pacific Auto Club are supplied by third party suppliers. The provision of those goods or services will be subject, in each case, to the terms and conditions of the suppliers and any claims relating to the supply of those goods or services should be made to the supplier.
8.2 Pacific Auto Club will not be liable for refusal by any third party to accept or honour the Card nor will Pacific Auto Club be liable for any loss or damage suffered in relation to the supply of goods or services by third parties.
8.3 Pacific Auto Club is not liable for any third party content on the Internet that the Member may find offensive, upsetting or defamatory. The Member is responsible for maintaining the security of all log-in identification information made available to them to access the Internet. Pacific Auto Club is not liable for any personal security breaches suffered by the Member or their guests when using the Internet or for any loss or damage suffered as a result of the unavailability of the Internet, including interruptions during use.

9. Termination
9.1 Pacific Automotive Services Pty Ltd reserves the right to terminate or cease to operate the Pacific Auto Club at any time. Pacific Auto Club will use its best endeavours to give Members as much notice of any such termination as is reasonably practicable in the circumstances.
9.2 Pacific Auto Club reserves the right in its absolute discretion to terminate the membership of any Member at any time by giving such notice to the Member as is reasonably practicable in the circumstances.
9.3 In the event that membership is cancelled by Pacific Auto Club, a pro rata refund of the membership fee (if any was paid) will be made for any remaining period of membership, except in circumstances where the Member has:
(a) breached of any of these Terms and Conditions or the Club Rules;
(b) damaged any facilities, equipment or goods owned by Pacific Auto Club;
(c) acted in any way which is likely to be detrimental to the interests of Pacific Automotive Services Pty Ltd or the Pacific Auto Club; or
(d) supplied or attempted to supply misleading information, or made any misrepresentation to the Pacific Auto Club.

10. Personal information
10.1 It is a condition of membership that you consent and authorise Pacific Auto Club to collect and use the information on your application form and other information you provide to Pacific Auto Club and disclose it to any other person (including a related body corporate, agent or contractor) for the purposes of:
(a) Pacific Auto Club or any of its related bodies corporate providing services to you including the awarding of points in the Pacific Auto Club Points program (where applicable);
(b) Pacific Auto Club or any of its related bodies corporate improving Pacific Auto Club customer service, including by means of research, marketing, product development and planning;
(c) Pacific Auto Club marketing its products or services or the products or services of third parties; and
(d) any third party providing services to Pacific Auto Club, any of its related bodies corporate or Members in connection with the administration of the Pacific Auto Club and Pacific Auto Club Points program (where applicable).
10.2 Pacific Auto Club will not otherwise disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.
10.3 Pacific Auto Club will provide you with access to and the ability to correct your personal information held by Pacific Auto Club on request by you.

11. Interpretation and governing law
11.1 Pacific Auto Club acknowledges that certain consumer protection legislation implies conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded. For example, for consumers, services come with a non-excludable warranty that they will be provided with due care and skill. Nothing in these Terms and Conditions is intended to exclude or restrict the application of such laws.
11.2 You agree that implied terms under consumer protection laws will not apply to these Terms and Conditions where the membership has been obtained for business purposes, provided that the relevant provisions may by law be excluded.
11.3 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions will continue to apply.
11.4 These Terms and Conditions are governed by and will be construed in accordance with the laws applicable in Australia, irrespective of where the application for membership has been completed by the Member or submitted to Pacific Auto Club. Any action or other legal process in connection with these Terms and Conditions against Pacific Auto Club will, unless otherwise agreed by Pacific Auto Club, be instituted and carried on only in the appropriate court in Australia.