Directory partner listing T&Cs

RACT Member Rewards Programme
Directory Partner Terms and Conditions

 

You acknowledge that your addition to, and retention on, the RACT Member Reward directory (a non-exclusive listing of your business on the relevant section of the RACT website) is for the period up to 30 June 2021, at the discretion of RACT on the basis of your compliance with the following terms:

1. Confidentiality, Privacy and Reporting

1.1 You and RACT must not publicly disclose, or use for a purpose other than satisfying these Terms, any information or material acquired or produced in connection with, your addition to RACT’s Directory Partner list, (“Confidential Material”), without the other party’s prior written consent, except to the extent that: 

a) RACT and other auto clubs may include data from you in aggregate in order to publish data regarding the benefits received by their members through the Programme;
b) RACT and other auto clubs may include data from you in order to advise individual members of RACT of the benefits they have received through the Programme;
c) RACT may provide the data to service providers for the purposes of tracking the benefits for the purposes of clauses 1.1(a) and 1.1(b);
d) RACT may pass the data amongst RACT Group, being all companies that trade under the RACT brand;
e) the Confidential Material is available to the public generally, other than by breach of these terms;
f) a law requires you and/or RACT to disclose, file, record or register something that includes Confidential Material;
g) disclosure is necessary or advisable to get a consent, authorisation, approval or licence from a governmental or public body or authority;
h) it is necessary or advisable to disclose the Confidential Material to a taxation or fiscal authority;
i) the Confidential Material is disclosed confidentially to professional advisers:
i) to get professional advice about these terms; or
ii) to enforce these terms; or
j) the parties agree otherwise in writing.

 

1.2 You must, in respect of any Personal Information (as defined under the Privacy Act 1988 (Cth)): 

a) comply at all times as if you were a person subject to the Privacy Act 1988 (Cth) and any subordinate legislative instruments or regulations; and

i) only collect, use or disclose Personal Information as authorised, or for the purpose of fulfilling its obligations, under these terms;

ii) ensure that no person engaged by you who has access to any Personal Information under these terms, uses, discloses, transfers or retains such Personal Information provided under these terms, except in performing their duties of engagement;

iii) only disclose the Personal Information to its employees to the minimum extent necessary to perform its obligations under these terms, and ensure that any person to whom the Personal Information is disclosed will manage the Personal Information consistently with your obligations under this clause 1;

iv) ensure that you take reasonable technical, administrative, and physical steps necessary for the Personal Information held or controlled by you to be protected against misuse, loss, unauthorised access, interference, modification or disclosure.

 

2. Your Conduct

You must not act in a manner that, in RACT’s sole discretion and opinion, is outside its values or service standard expectations, which includes your compliance with all applicable laws.

 

3. Consistency of Member Offer

Unless otherwise agreed in writing with RACT, you must continue to provide the discount /offer you have stated within the Directory Partner application process to all current RACT members who show a RACT membership card or provide other means of evidence of their valid membership of RACT.

 

4. RACT’s Intellectual Property

Unless otherwise agreed in writing with RACT you are not entitled to use the RACT logo or any associated branding elements, but can reference your involvement in the program providing you refer to it on all occasions as 'RACT Member Rewards'.

 

5. Your Intellectual Property

You warrant and represent to RACT that it is entitled to use any trademarks or other intellectual property purported to be yours to be included in any advertisement published or displayed in relation to the Partner Directory or other marketing material that may be distributed by RACT under these terms without the separate or subsequent approval of such use required by any third party.

 

6. Indemnity

You indemnify RACT against all damages or claims arising from RACT’s use of intellectual property you purport to be entitled to use; or from any and all complaints raised by RACT Members in respect to your dealings with them in respect to the provision of the discount/offer you have stated will be provided within the Directory Partner application process and any liability arising out of the provision of goods or services to RACT Members by you.

7. Termination of agreement

RACT shall have the right to terminate your inclusion within the Partner Directory at any time with immediate effect. You may terminate your inclusion within the Partner Directory by providing at least three days' notice in writing to: royalrewards@ract.com.au

8. Governing Law – This agreement shall be governed by and constructed according to the law of Tasmania and the parties submit to the non-exclusive jurisdiction of the courts of Tasmania.

9. Relationship
The non-exclusive inclusion on RACT’s Partner Directory does not constitute the relationship of partnership or employee and employer between RACT and you.

10. Privacy disclosure statement
RACT is collecting Personal Information in relation to your application in order to manage your businesses inclusion in RACT’s Partner Directory and the information will be used, disclosed and retained in accordance with the Privacy Act and RACT’s Privacy Policy. RACT’s privacy policy is available on RACT’s website https://www.ract.com.au/privacy

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