Lotus Club

Lotus Club Membership Agreement

1 About this agreement

This agreement sets out the terms that apply to your membership of Lotus Club.

It covers things like:

• when your membership begins, and how it might end;
• what you are entitled to as a member of Lotus Club;
• what your responsibilities are as a member of Lotus Club; and
• other legal stuff that you should know about.

If these terms are different from anything you are told over the phone or by one of our representatives, these terms will apply unless we confirm otherwise in writing.

2 Becoming a member

2.1 How can I become a member?

Membership of Lotus Club is by invitation only. If you are invited to become a member, you can take up that invitation by completing the application form at the link below and submitting it through this website.

For annual memberships, click here

For monthly memberships, click here

You must ensure that information you provide during registration, including your name, age and postal information, is accurate and complete.

2.2 Minimum age

You must be at least 18years old to become a member. You warrant to us that you are 18 years old or older on the date you submit your application form.

2.3  The start of this agreement

This agreement starts when we have received your application form, and provided you with an email confirmation of your membership.

2.4  Contacting us

If you would like to speak with us about anything to do with your membership, you can:

• email us at members@lotusclub.com.au; or
• write to us atPO Box 1134, Applecross WA 6153.

3 During your membership – Your general obligations

3.1 Paying membership fees by direct debit

You pay an annual membership fee for your membership. The annual membership fee is set out on our website, at the time you sign up. You pay us in advance via PayPal, using your PayPal account, or using your debit card, credit card or bank account. PayPal’s normal terms and conditions will apply to your payment.

You can choose to pay your annual membership fee yearly in advance, and receive a gift voucher from a participating Benefit Partner.

Alternatively, you can choose to pay your annual membership fee in monthly instalments, on the same payment date each month.

Please tell us and PayPal if you want to change or stop your PayPal payments.

3.2  If your payment fails

If we do not receive your membership fee when it is due, then we may, at our discretion:

• suspend your membership until your payments are up to date; or
• cancel your membership. See 6.2for more details on cancellation.

3.3 Your other general obligations

You agree not to make any disparaging or negative comments about Lotus Club or any of our Benefit Partners. This restriction applies to all comments you make, whether they are:

• online or in real life; or
• during this agreement or after your membership is cancelled.

4 During your membership – Your member benefits

4.1 What you get as a member

As a member, you will receive:

• special access to our website; and
• a Membership Card that you can use to receive some special offers.

The benefits that you receive under this agreement are not transferable. This means that you cannot share your benefits with anyone else, or pass them on to another person.

4.2  Special access to our website

When you sign up to become a member, you will be asked to choose a password. This password may let you access special areas of our website that are not available to people who aren’t members.

You are entirely responsible for maintaining the confidentiality of your password. You must not tell your password to anyone else, or allow them to find it out.

You agree not to use anyone else’s member account. You also agree to tell us immediately if you suspect that someone else has used your account or accessed your password. You are entirely responsible for all use of your account.

4.3  Using our website

All internet-based services are sometimes interrupted or break down. There may be times when our website is not available, or your access is interrupted, and we are not liable to you for that.

Our website (and our social media sites) may contain links to other websites or social media sites run by third parties (such as participating Benefit Partners). We do not sponsor or endorse the operators or content of any linked sites. The people who operate those sites are entirely responsible for them.

Copyright in the content on our website is owned or licensed by us. You are not allowed to copy or adapt that content, or provide it to other people, without our permission.

4.4  Using social media

At Lotus Club, we love hearing from our members, via Facebook, Twitter, YouTube and our other social media sites.

Social media is a great way for you to share your experiences as a Lotus Club member, and an excellent way to communicate with us. We will also use it to provide you with updates and news about Lotus Club.

You agree:

• to comply with our social media policy whenever you interact with us on social media or via our website, whether during your membership or afterwards;
• to only submit content to us that is your original work, and does not infringe the rights of any person;
• when you submit content to us via social media (including text, pictures, videos and other files), we may publish that content as we like, and we may also use, copy and adapt it for any purpose without attributing that content to you; and
• we may, if we like, remove any content that we think is not appropriate.

We may block any member who doesn’t comply with our social media policy, or who we think is otherwise behaving inappropriately. We may also take any other action that we think is appropriate in relation to our social media sites.

An important thing to remember is that, while we encourage our members to post content, the fact that content has been posted on our social media sites does not mean that we endorse that content, or take any responsibility for its accuracy.

4.5 Competitions and promotions

We may run competitions and special promotions for Lotus Club members on our website or social media sites. If you decide to participate in any such promotion, you will have to comply with its terms and conditions. We will make those terms and conditions available to you at the time you enter. If those terms and conditions are different from this agreement, then those terms and conditions will apply to the promotion, to the extent that they are different.

4.6 Your Lotus Club Membership Card

We will provide you with a Membership Card when you become a member.

The Membership Card is our property. You cannot share your Membership Card with another person, or lend it to anyone. If you lose or damage your Membership Card, please contact us, and we can replace it for a small fee.

4.7 Using your Membership Card

You can use your Membership Card to receive discounts, benefits and special offers from participating Benefit Partners. To receive any such benefit or special offer, you will need to show your Membership Card to the Benefit Partner at the time that you buy their product or service. The Benefit Partner may also request you to provide photo ID.

Benefit Partners may have their own terms and conditions related to their products or services, and you agree to comply with those terms and conditions.

4.8 Changes to partner benefits

We may add or remove Benefit Partners from time to time. Also, our Benefit Partners may, from time to time, change the savings and benefits that they offer to Lotus Club members.

Our website offers the most up-to-date information on savings and benefits offered by participating Benefit Partners. We will make reasonable efforts to maintain the currency of our database of Benefit Partners and their offers. But we are not responsible for incorrect or incomplete information regarding the Benefit Partner or its offer, or for incomplete information provided by a Benefit Partner regarding its offers.

4.9 Claims against Benefit Partners

Our Benefit Partners are independent businesses. We are not acting as their agent or representative. Our connection with them is that we have an arrangement with them to offer you benefits, discounts or special offers.

We do not endorse or sponsor any of our Benefit Partners, or the products and services they provide. We do not make any claims about whether those products and services are suitable for you. Please consider your own circumstances before taking advantage of any benefits offered by a Benefit Partner.

When you buy products or services from participating Benefit Partners, whether you use your Membership Card or not, you need to pay them directly for those products or services. We are not responsible for those payments, or for any related costs or refunds.

Any product or service that a Benefit Partner provides you is a contract between them and you. We cannot accept any responsibility for a breach of contract or negligence, or for any inaccuracy in advertising material. If you want to make a claim regarding anything a Benefit Partner has done or not done, you should bring your claim against the Benefit Partner, not against us. You release us from any claim arising out of any act or omission by a Benefit Partner.

5 During your membership – Changes

5.1 Changes to the fees

We may increase your membership fees at any time during your membership. However, before increasing the membership fees, we will notify you about this at least 14days beforehand by writing to you at the last email address you gave us. We will assume that you have received our email on the business day after it was sent.

If we have notified you about a fee increase, you authorise us to increase any debits from your nominated account.

5.2 Changes to this agreement

We may sometimes change our terms and conditions.

We will give you at least 28 days’ notice of any changes by publishing them on our website. If you do not agree with any of these changes, you can cancel your membership. (See 6.1 for details on how to cancel.)

If you continue to use your Membership Card or pay your membership fee after those 28 days, then we will assume that you agree with the changes, and the new terms and conditions will apply to your membership.

The most up-to-date terms and conditions always apply. A copy of the latest terms and conditions will be on our website at www.lotusclub.com.au.

6 Ending your membership

6.1 If you want to cancel your membership

You can cancel your membership at any time. You might want to cancel, for example, if we do not fulfil our obligations to you. Unless the law states otherwise, you won’t have any other claim against us if this happens.

You can ask to cancel your membership by:

• emailing us at cancel@lotusclub.com.au; or
• writing to us at PO Box 1134, Applecross WA 6153.

When you do this, please always:

• give us your email address so we can confirm your request in writing; and
• make sure that you cancel your direct debits with your financial institution.

If you pay your membership fee monthly, the cancellation will take effect:

• if you ask to cancel when there are 7 business days (or more) before your next payment date: at the end of your current membership month; or
• if you cancel when there are less than 7 business days before your next payment date, then at the end of your next membership month. This means that there will be one more payment debited from your account after you tell us you want to cancel.

If you pay your membership fee annually, the cancellation will take effect 28 days after you notify us.

6.2 When we can cancel your membership

We may cancel your membership if:

• we reasonably believe that you have not complied with this agreement;
• we reasonably consider that you have brought Lotus Club or any Benefit Partner into disrepute;
• we reasonably believe that you have behaved in a way that is risky or seriously inappropriate, or that you have broken the law; or
• we do not receive the membership fees from you as required by the agreement.

If we cancel your membership, we will notify you by emailing you at the last email address you gave us. We will assume that you have received our email on the business day after it was sent, and the cancellation will take effect from this date.

6.3 If your membership is cancelled

If your membership is cancelled, whether by us or you, then:

• the date of cancellation will be the date that the cancellation takes effect under 6.1 or 6.2;
• you must not use your Membership Card to access any special offers or discounts from Benefit Partners after the date of cancellation; and
• you must return your Membership Card by post to the this address:

PO Box 1134
Applecross WA 6153

Any membership fee that you have paid will not be refunded, except as required by law.

Once your membership is cancelled, you can re-join only if we invite you do so.

7 Other legal stuff

7.1  Your personal information

When you become a member, you give us some personal information about you on the application form. During your membership, we may also collect information about you, such as the services or products that you enjoy from participating Benefit Partners. When you use our website, we may also collect information about you through cookies, which are small files that allow us to monitor use of our website.

We may use your personal information to:

• carry out this agreement;
• provide you with information about products, services or special offers;
• to get your opinions or comments about products, services or Benefit Partners; and
• to record statistical information for marketing analysis.

We may disclose your information to participating Benefit Partners, and you consent to us doing this. We may also provide your information to other companies who provide us services such as marketing, market research, mail-house services, hosting and product development services, analysis of members lists, or consulting services.

We promise not to sell your personal information to third parties.

You have the right to access and review your personal information, and ask for it to be corrected. If you want to do this, or if you want to ask us anything else about your personal information, please contact us. (See 2.4for details on how to contact us.)

7.2 Our liability to you

You have certain rights under the Competition and Consumer Act 2010 that cannot be excluded, modified or restricted. Nothing in this agreement, including this 7.2, is intended to restrict or modify those rights.

Other than those rights, or any other rights that you have that cannot be excluded or limited by law:

• we do not give you any warranties to make any representations to you in relation to your member benefits (except as set out in these terms and conditions);
• we do not give you any warranties or make any representations in relation to any participating Benefit Partners or their products or services;
• all implied terms, and any terms, conditions and warranties inserted into this agreement by law, are excluded (or, if they can’t legally be excluded, they are limited to the fullest extent allowed by law);
• our liability to you in relation to any goods or services that we are found responsible for is limited (at our option) to the cost of replacing or fixing those goods or services, or refunding the amount you paid for them; and
• we are not liable to you for anything else that we do or don’t do in connection with this agreement.

7.3 Laws that apply to this agreement

This agreement is subject to the laws of Western Australia.

If a court decides that any part of this agreement is invalid or unenforceable, that part will be deleted from this agreement. The other sections will remain valid and enforceable.

7.4 Other terms and conditions that apply to you

This agreement applies in addition to the terms of use of the Lotus Club website, which can be found at www.lotusclub.com.au/terms-of-use/

If those terms of use are inconsistent with anything in this agreement, then the terms of this agreement will have priority.

7.5 Terms that will continue after this agreement has ended

Some of the terms of this agreement will continue after your membership has been cancelled, and after this agreement has ended. They are:

• 3.3 (“Your other general obligations”);
• 4.8 and 4.9 (about our Benefit Partners);
• 6.3 (“If your membership is cancelled”);
• 7.2 (“Our liability to you”); and
• 7.3 (“Laws that apply to this agreement”).

7.6 The meaning of some words in this agreement

Word	Meaning
Lotus Club, we, us, our	Lotus Club Pty Ltd (ABN 20 164 051 521).
You, your	a member of Lotus Club.
Benefit Partner	a business that offers discounts or benefits to Lotus Club members.
Membership Card	the Lotus Club membership card that we provide to you when you become a member (and any replacement card that we may provide you).