Terms And Conditions
1. Unless otherwise agreed in writing between Westclub and the person or organisation paying for the particular card in question each and every PERTHcard will be a Westclub card and each and every PERTHcard will be valid for a period expiring on the expiry date detailed on the PERTHcard and if an expiry date shall for any reason not so appear on any PERTHcard then the said card's validity shall expire one calendar year from the date upon which the said card shall have been issued by Westclub to the cardholder and each and every PERTHcard will be subject to all and sundry the conditions herein and shall for all legal purposes be a Westclub card. A PERTHcard shall be deemed issued by Westclub for the purposes of this condition when it is first delivered in person or by postal or courier delivery to the cardholder concerned by PERTHcard or Westclub and if the delivery shall be completed other than in person by the person concerned attending at the office of Westclub then the delivery shall be deemed to have taken place two business days after the date upon which PERTHcard or Westclub shall have commenced the delivery process which delivery process shall be deemed to have commenced upon the date upon which the said card shall have left the office of Westclub by way of the card having been posted or delivered to a courier on route to the cardholder or on route to such other person as may have paid for or ordered the said card.
2. The PERTHcard and Westclub program agreement between PERTHclub and or Westclub and the cardholder is personal to the holder of each card (the “cardholder”) who must be registered with PERTHcard or Westclub so that Westclub may be able to identify the person they are dealing with and therefore no person may use the card to obtain any of the benefit opportunities associated with that card unless that person is registered with PERTHcard and or Westclub as being the holder of that card and their name appears both on the card and in the PERTHcard or Westclub register of members which means that the cardholder must properly activate the card in accordance with the conditions set for activation by Westclub or PERTHclub from time to time in their complete discretion.
3. Each PERTHcard card will be personalised either to the person who pays the card fee or to his/her or their nominee.
4. In the case of a card being issued to a person other than the person who pays the card fee, then the person Company or Club which pays the card fee shall nominate one person to be the cardholder in respect of each Westclub card to be issued and the person paying the card fee shall provide Westclub with the name address and (where they have one) the email address of each cardholder.
5. Westclub will from time to time negotiate certain benefit opportunities for and on behalf of PERTHcard and Westclub cardholders with various suppliers of goods and services (“the Suppliers”) on the basis that the Suppliers will agree to make certain benefit opportunities available to PERTHcard and or Westclub cardholders.
6. Details of the benefit opportunities which the Suppliers have agreed with Westclub to offer to PERTHcard and or WestClub cardholders will be published by Westclub in the form of a Westclub Directory (the “Directory”) and or on a PERTHcard or Westclub Website (the “Websites”) which may be amended and updated from time to time by Westclub in their complete discretion.
7. Each cardholder will have the right to utilise the sections of the Websites deemed appropriate by Westclub on the terms and conditions established by Westclub from time to time in its complete discretion.
8. The holding of a Westclub card is intended to provide each cardholder with benefit opportunities but in each and every case each cardholder must rely on the cardholders own enquiries in deciding whether to make any form of arrangement with any of the Suppliers.
9. Each cardholder must on each and every occasion that the cardholder uses a PERTHcard or Westclub card declare to the Supplier prior to making the said arrangement and prior to enjoying any of the Suppliers goods or services that the cardholder is intending to use the card to obtain a benefit from the Supplier so that the Supplier is aware that the cardholders benefit will be sought in the transaction before the Supplier enters into any arrangement with the cardholder.
10. Every arrangement made between any cardholder and any Supplier will be a separate contract between those parties alone and neither PERTHcard nor Westclub nor the person Company or Club which may have acquired any card for any cardholder will be a party in any way to any such arrangement.
11. Neither Westclub nor the person Company or Club which may have acquired any card for any cardholder has given nor will give any form of guarantee or warranty in respect of any form of arrangement between any cardholder and any Supplier.
12. Neither PERTHcard nor Westclub nor the person Company or Club which may have acquired a card for any cardholder makes any representation about the qualifications experience or expertise of any Supplier or the quality merchantability or fitness for the purpose of any quality of any goods and/or services supplied by the Supplier as a result of the Supplier being included in the PERTHcard or Westclub programme.
13. Westclub will use its best endeavours to encourage all of the Suppliers to at all times provide the benefit opportunities described in the Directory and the Website to PERTHcard or Westclub cardholders but can give no guarantee that this will in all cases happen and if it does not then neither PERTHcard nor Westclub shall have no liability whatsoever to the cardholder.
14. PERTHcard and Westclub cardholders must comply with all dress and behavioural standards reasonably required by the Suppliers at all times and also adhere to the Suppliers other normal trading terms and conditions and do all acts and things as may reasonably be required of them by the Supplier in order to ensure that the cardholder receives the benefit opportunity that the Supplier has agreed with PERTHcard or Westclub to offer to PERTHcard or Westclub cardholders.
15. The terms and conditions attached to the PERTHclub and Westclub cards and all and sundry the details in the Directory and the Websites may be amended in any way and at any time and from time to time by the Directors of Westclub in their complete discretion and without any notice to cardholders.
16. Every PERTHclub and Westclub card always remains the property of Westclub.
17. The rights benefits and privileges attached to each card will be in accordance with these Conditions of Use which may be amended at any time and from time to time by the Directors of Westclub in their complete discretion.
18. The terms and conditions attached to PERTHclub and Westclub cards and the details in the Westclub Directory the Websites and the supplementary information sheets may be changed by the Directors of Westclub from time to time at their discretion and the only notice of the same that will be provided to cardholders will be given by posting the same on the Websites.
19. The card Fee is inclusive of Goods and Services Tax.
20. Any exercise of discretion by Westclub or its Directors will be made reasonably and any dispute between the parties as to the reasonableness of an exercise of discretion shall be referred to Arbitration.
21. No loss whatsoever which may be suffered by any holder of any PERTHclub or WestClub card in any respect may be claimable against PERTHclub or WestClub or its Directors or Shareholders to the extent of that claimed loss shall exceed the amount actually paid by or on the cardholders behalf to PERTHclub or WestClub to purchase the cardholders then current PERTHclub or WestClub card held by the cardholder concerned.