Indulge Card

Indulge Card Cardholder Agreement Terms and Conditions

1 December 2009

Introduction

By purchasing and/or receiving the Indulge Card (“Card”) as a gift, you are agreeing to the following specific terms and conditions of the Indulge Card Cardholder Agreement. You understand that Excitin Pty Ltd., the parent company of Indulge Card (BN B2218139W) (“Company”) and its subsidiaries, website, vendors, merchants, retailers, sponsors, and partners make available online information and services to cardholders of this program (”Program”). By ordering and purchasing the Indugle Card, submitting your information, or using the Indulge Card you are indicating that you are 18 years old or older and agree to be bound by this Agreement. You acknowledge that the Agreement may be modified or terminated at any time. Any changes will appear on the www.indulgecard.com.au and www.indulgecard.com website (”Site”). It is your responsibility to refer to the Agreement prior to using the Card. You will be deemed to have accepted any change to this Cardholder Agreement if you continue to use the Card after that change has been posted.

The Company, Indulge Card is a fee-based privilege card program offered by www.indulgecard.com and www.induglecard.com.au that provides Cardholders with savings and benefits offered by participating subsidiaries, vendors, merchants, retailers, sponsors, and partners online and at merchant locations serving different industries around the world.

1. Membership Eligibility

Membership is open to all Australian residents aged 18 and above. Membership is accepted at the sole and absolute discretion of Excitin Pty Ltd.

2. Card Purchase

When you purchase the Indulge Card, you must provide the Company with accurate and complete information (including but not limited to name, e-mail address, and shipping address) and advise Company of any changes by contacting them. Company will use this information to create your account and, where applicable, mail you a Card and materials. You will receive Card materials that may include, but are not limited to, a Card with your Card number, inserts containing subsidiaries, vendors, merchants and retailers. When applying online or over the phone the Card materials will be shipped within 2 to 3 weeks from time of purchase.

One month before your card expires, your membership will be automatically renewed and you will receive your new Card and materials in 2 to 3 weeks from time of renewal. When you purchase your card online, you will be asked to create a username and password to view your account. You may not select a password that violates anyone’s rights or one that, in Company’s sole discretion, Company considers offensive, improper, or inappropriate. If you do so, Company may modify or delete it. When you purchase your card online you will be asked to select a secret password hint question and secret answer. Your secret answer will allow you to retrieve your password in case you forget it.

Only individuals can apply for the Indulge Card. Corporations, partnerships, trusts and other entities are not eligible to participate. Each member may only hold one Indulge Card and Membership cards may not be held jointly. Company does not permit the sharing of your Card, number, password, or benefits or privileges with any other person. If Company reasonably believes that any of your Card materials are being used in any of these ways, Company reserves the right to cancel your Cardholder rights immediately. If you believe someone has used any of your Card materials without your authorization, please contact Company immediately.

Contacting Indulge Card:

•             By e-mail at indulge@indulgecard.com

•             By telephone at (+613) 8682 9244 (Monday to Friday 9am to 5pm)

3. Members

Members will be issued with a membership number and membership card. The use of this number/card is deemed to be acceptance of these terms and conditions to the benefit of Indulge Card  and all participating vendors. The membership card remains the property of Indulge Card and must be returned upon request. Misuse of membership cards or program benefits may result in termination of membership or withdrawal of benefits without refund.

Membership cards are not transferable and may only be used by each member to whom the card is issued to. Company reserves the right to modify the structure, benefits and other features, of the Indulge Card including these terms and conditions or to terminate the Indulge Card program at any time. Although Company will use reasonable efforts to notify members of material changes, it is the responsibility of members to keep themselves up to date in respect of all the terms and conditions of the Indulge Card. Any use of the program by a member will be deemed as acceptance of any amendment. Company will not be liable for loss or damage resulting there from.

4. Fees

Eligible individuals can sign-up for a 12 month Card. The current retail price of the Card (” Fee”) is AUD $57. You agree to pay the Fee when the charge is incurred. The Card is valid for a period of 12 months from the purchasing date, as noted on the expiration date listed on the Card.

Each successful applicant will receive a notification e-mail within 5 days of application and shall receive the Indulge Card within 2-3 weeks. If the successful applicant does not receive notification or the card within this time it is the responsibility of the applicant to contact Company  to seek assistance.

As membership is based on a subscription, Company will automatically re-bill the purchaser for the next 12 months at the current member rate unless the member cancels their membership 30 days before the end of the membership period.

5. Card Use

Your Indulge Card and your Card number are your keys to privileges, benefits, services and saving. Carry your Card with you at all times. The Card is nontransferable and may only be used by the person whose name is printed on the front of the card.

To use your Card at participating vendors, merchants, retailers and partners you must show your Company Indulge Card before you make a purchase at a participating vendor, merchant, retailer, and partner. A vendor, merchant, retailer, and partner have the right to deny a benefit if you do not present your Card before payment. A vendor, merchant, retailer, and partner may reserve the right to ask for your valid identification to verify you are a rightful Cardholder. They will not use the Card as a form of payment. Company uses this information to track vendor, merchant, retailer, and partner performance to analyze offer and discount to better serve your needs.

The Uses of the Indulge Card at participating nightclubs, bars, cafés, dance club, pubs, or any establishment where alcohol beverages are served: The cardholder must present a valid Indulge Card and a valid identification to receive free or discounted admission or alcoholic drinks to the above mentioned venues. The Company and participating vendor, merchant, retailer, and partner are independent contractors. Company is not liable for any products or services provided by any vendor, merchant, retailer, and partner.

Purchases and sales made as a result of the Indulge Card Program are solely between the member, as a consumer, and the participating vendor, as a seller of the product or service. Company has no responsibility or obligation with respect to purchases or sales (including no responsibility or obligation for disputes between an individual member and any participating vendor). Accordingly, in consideration for Company making the Indulge Card program available to members and participating vendors, members and participating vendors who make sales or purchases through the Indulge Card Program acknowledge and agree that under no circumstances shall Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the purchase, sale or use of any products or services purchased or sold. Company does not negotiate or guarantee prices or terms made available by participating vendors to members through the Indulge Card Program, and it is strongly recommended that members research and compare prices, levels of service, and consider any other relevant factors before making any purchase.

6. Expiration and Cancellation

Your Card will expire on the date printed on the front of the card, which is at least 12  months from date of purchase. Company reserves the right to terminate your Card at any given point in time if we determine that you have violated any provision of this Agreement. 

When you purchase the Indulge Card, you become a member. If you would like to cancel your membership subscription, you must advise Company in writing 30 days before the end of the membership period.

7. Lost or Stolen Cards

If your Card is lost or stolen, unfortunately, it will not be replaced. You will have to purchase another one to replace the current card.

8. The www.indulgecard.com and www.indulgecard.com.au website

The websites (”Site”) above offers the most up-to-date information on partner benefits offered by participating merchants. We take reasonable efforts to maintain the currency of our database of partners and their offerings. However, Company is not responsible for third parties’ restrictions or changes to their offers not communicated to Company. As a Cardholder you will have to login to access certain sections of the Site, using the Card number on your Card or your unique username. In order to login to your account you will have to set-up a password during the account creation process. Cardholders who purchase or activate their Card online or by phone will be asked to create a password as part of their purchase or activation process. If you forget your password, upon verification that you are the rightful owner of the account, Company will e-mail your password to the e-mail address you provided during the order process or activation. You will be verified by answering your secret question.

You may access the Site to edit and update your account information and communication preferences. When changing information on your account you agree to provide accurate and complete information. Cardholders can search for benefits and privileges and participating networked partners online. When you wish to purchase goods or services online at the Site or at a Indulge Card networked partner’s website, you may be required to enter your Card number or specific retailer coupon located on Indulge’s website in order to receive the benefit or discount.

9. Intellectual Property

Except for the temporary copy held in the computer’s cache and a single permanent copy retained by a user for his or her personal use, no content on the Website may be used, copied, reproduced, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or part.

The Website and the content on it are supplied for informational use. You must not reproduce, publish, make an adaptation of, or communicate, any of the content on the Website in any manner or in any form (whether visible or not) for any purpose whatsoever.

The Indulge Card logo is a trade mark of Excitin Pty Ltd.

Your use of the Website does not create a licence or any other rights with respect to the trade marks, service marks, copyright, or other intellectual property or proprietary rights in or on the Website.

10. Merchant, Vendor, Retailer, Sponsor, and Partner Disputes

Company is not responsible if a vendor, merchant, retailer, or partner changes its offering due to new ownership or acquisition. If you have a dispute with a vendor, merchant, retailer, or partner, report the concern to Company, and Company will take commercially reasonable efforts to solve the dispute on your behalf.

Please submit an emailed report to indulge @indulgecard.com with the following information: vendor name, vendor address, date of purchase, benefit/privilege/discount denied, and purchase information.

COMPANY and its vendors, merchants, retailers, partners are independent contractors. COMPANY IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY vendor, merchant, retailer, partner OF THE PROGRAM, OR FOR ANY ERROR, OMISSION, OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANYLIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY THIRD PARTY IN CONNECTION WITH THE PROGRAM.

11. E-mail Policy and Communication Preferences

Cardholders have the option to receive Company e-mail updates when they order or activate their Cards online. Company uses these updates to provide additional savings, special offers, site upgrades, new features, events, promotions, and more. You have the option to e-mail us to opt out from receiving these e-mails using the link at the bottom of any promotional e-mail you may receive. Cardholders can also update these preferences logging into their account on www.induglecard.com and www.indulgecard.com.au

Company reserves the right to e-mail you with information essential to your participation in our program (for example, information on lost passwords, Card shipment information and Card expiration/renewal). You will not have the option to opt-out of e-mails of this nature.

12. Corporate Cards

Company permits certain enterprises, companies and other third-party organizations to purchase the Indulge Cards in large quantities and to resell or distribute them to the Partner’s customer base. Company collects from the Corporate Partner the necessary information to mail a Card and materials. If you have received a Indulge Card, the Corporate Partner may have enrolled you in the program and submitted your information to Company, but only after receiving authorization from you to do so. The Corporate Partner, not Company, is liable if the Corporate Partner failed to receive your consent. Once we receive your information, it will be governed by our Privacy Policy.

 13. Changes to offers by vendor, merchant, retailer or partner

Offers made available through the Indulge Card Network may change from time to time. Company reserves the right in its sole discretion to change the offers and/or participating vendor, merchant, retailer, or partner at any time. In addition, vendor, merchant, retailer or partner may elect to change offers from time to time. Company will make commercially reasonable efforts to make appropriate updates to the Site to reflect offer changes. For a listing of current offers, Cardholders should visit www.indulgecard.com.au. If you become aware of a discontinued offer not listed, please notify Company by sending an e-mail to indulge@induglecard.com. Company undertakes no obligation to provide a replacement or substitute offer for any offer discontinued.

14. Privacy Guidelines

By using the Company Indulge Card you acknowledge that any information we receive from or about you through the Card will be treated according to our Privacy Guidelines at www.induglecard.com