National Lotteries and Newsagents Association
Subscription – Terms and Conditions
Last updated 3 March 2020
- Purpose and objectives of the National Lotteries and Newsagents Association
The purpose and objectives of the National Lotteries and Newsagents Association Ltd (ABN 68 639 041 919) (NLNA) are to:
- promote the Australian newsagency industry including the owners and employees of retail newsagents, suppliers to newsagents and other relevant stakeholders (collectively the Industry);
- pool information, establish networks and share specialised skills and resources;
- provide a forum for all people engaged in the Industry to discuss best practice and enhance the future of the Industry;
- establish a national supplier network;
- improve the income, profile and to introduce initiatives to increase foot traffic for Newsagents across Australia; and
- work with government at all levels to ensure that the interests of the Industry are represented.
- Who can be a subscriber?
- All Australian newsagents, Tatts lotto kiosks, and general & gifting stores that sell newspapers or have a licence with the Tatts Group (including pharmacies) can apply for subscription to the NLNA.
- Any newsagent, Tatts lotto kiosk, or general & gifting store that sells newspapers or has a licence with the Tatts Group (including pharmacies) that is located in Victoria and is a current and fully paid subscriber of VANA Ltd (trading as The Victorian Association for Newsagents) (VANA) will automatically have a subscription with the NLNA.
- Your subscription of the NLNA does not constitute you being a ‘member’ of the NLNA as that term is defined in the Constitution and you will have no voting or other rights under the Constitution.
- Commencement and term of subscription
- Your subscription of the NLNA commences when the NLNA notifies you in writing that your subscription application has been accepted and either the first month’s subscription fee or the annual fee has been debited from your Account (and in respect of VANA subscribers, your subscription of the NLNA commences at the time you have paid the relevant subscription fees to VANA and VANA notifies you that your subscription to VANA has been accepted).
- Subscription is provided:
- for subscribers that pay annually (being 12 months subscription up front), for a period of 12 months unless cancelled earlier in accordance with these Terms; or
- for subscribers that pay monthly, on a month-to-month basis until cancelled in accordance with these Terms.
- Subscription fees
- Subscription fees are notified by the NLNA on its website from time to time and will be reviewed annually.
- Subscription fees can be paid either monthly or annually by credit card or direct debit as nominated by you on the relevant subscription application form available from the NLNA website.
- Subscription benefits
The NLNA endeavours to provide you and other subscribers with a range of information, services and benefits in line with its purpose and objectives as set out in clause 1 of these Terms. Such services and benefits will be at the discretion of the NLNA from time to time.
- Obligation of subscribers
- As a subscriber, you must comply with these Terms and any other rules or policies put in place by the NLNA and communicated on its website from time to time.
- By submitting a subscription application to the NLNA, you accept and agree to be bound by these Terms (which may be updated by the NLNA from time to time).
- Confidentiality and privacy
- You agree:
- that any information, materials, documents or advice we provide to you is for your personal use only;
- not to provide any information or advice we provide to you to any third party for the use or benefit of the third party; and
- not to use your access to our information and advice to obtain information or advice for the use of a third party.
- Subject to clause 7(c) of these Terms, we will keep all information (including details of your Account) collected as part of your Direct Debit Request confidential in accordance with applicable law. We will take reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
- We will only disclose information about you that we have collected as part of your Direct Debit Request:
- for the purposes of these Terms, including disclosing information in connection with any query or claim.
- You agree:
- Intellectual Property
All Intellectual Property Rights in the NLNA website or in any other information, documents or material produced by the NLNA belong solely to the NLNA and nothing in these Terms affect the NLNA’s ownership of, and rights or title to, those Intellectual Property Rights.
- Disclaimer and exclusion of liability
- The NLNA has made every attempt to ensure the accuracy and reliability of the information provided on its website or in respect of any services, material, information or documents provided to you, however any such services, information, material or documents are provided on an ‘as is’ basis and the NLNA makes no warranties or representations whether express or implied, statutory or otherwise about, and does not accept any responsibility or liability for, the accuracy, completeness, legality or reliability of any information, material or documents on its website or that is provided to you.
- The NLNA website may contain links to other websites operated, controlled or produced by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third-party websites and we are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- To the maximum extent permitted by law, the NLNA is not liable to you, any subscriber or to any other person for any direct or indirect, incidental, special or consequential loss or damage arising out of, in relation to or in respect of any information, services, benefits, or material provided by the NLNA (or any representative or agent of the NLNA) or contained on its website irrespective of whether the loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise, or the NLNA or any other person was previously notified of the possibility of that loss or damage.
- Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Terms which may not lawfully be excluded, then provided it is fair and reasonable to do so, the NLNA’s liability for breach of such a warranty or guarantee shall be limited, at its option, to any one or more of the following:
- in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
- in the case of services, to either resupplying the services or payment of the cost of having the services supplied again
- Cancellation of subscription
10.1 Cancellation by the NLNA by immediate notice
The NLNA may immediately terminate your subscription of the NLNA by giving written notice to you if you:
- commit a serious or persistent breach of any term or condition of these Terms;
- commit any other breach of any term or condition of these Terms which is not rectified within 20 business days after receiving notice of that breach from the NLNA;
- engage in any fraudulent or dishonest conduct;
- are convicted of any criminal offence;
- you have a subscription with VANA and your subscription with VANA lapses or is cancelled by you or VANA;
- fail to pay your subscription fees when due (or a direct debit or credit card payment is dishonoured and remains dishonoured for 30 days);
- undertake or are a part of any act or omission that harms or has the potential to harm the reputation or goodwill of the NLNA; or
- have a receiver, administrator, liquidator or other similar person appointed to you or any of your assets, or you become bankrupt or enter into any composition or arrangement with or for the benefit of your creditors generally.
10.2 Cancellation by subscriber
You may cancel your subscription at any time by providing 30 days written notice to the NLNA with such notice to be provided in accordance with clause 13.5(b).
- On the expiry or termination of your subscription, you will not have access to any of the information or benefits provided by NLNA.
- Any subscriber that has paid their 12 months subscription up front will be entitled to a pro-rated refund of their subscription fee based on the number of months left in the 12-month term. Subscribers that pay on a monthly basis are not entitled to a pro-rated refund for any portion of the month remaining after the date of termination.
Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under or in connection with these Terms are exclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
- Direct debit request service terms
12.1 Application of direct debit request service terms
- These Terms form your direct debit request service agreement with the NLNA (Debit User ID number is 042248).
- These Terms explain your obligations when undertaking a direct debit arrangement with the NLNA. It also details the NLNA’s obligations to you as your direct debit provider.
- Please keep these Terms for future reference. They form part of the terms and conditions of your DDR and should be read in conjunction with the DDR authorisation form you have completed as part of your subscription application.
12.2 Debiting your account
- By signing a DDR or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your Account.
- The NLNA will only arrange for funds to be debited from your Account as authorised in the DDR
- If the Debit Day falls on a day that is not a Business Day, we may direct your financial institution to debit your Account on the following Business Day. If you are unsure about which day your Account has or will be debited you should ask your financial institution.
12.3 Amendments by us
- We may vary any details of these Terms or a DDR at any time by giving you at least 14 days written notice.
- We reserve the right to cancel these Terms (and your subscription of the NLNA) if the first debit from your Account is returned unpaid or two or more debit attempts are returned unpaid by your financial institution.
12.4 Amendments by you
- You may change, stop or defer a Debit Payment, by providing us with at least 14 days’ notice by contacting us:
- in writing to Suite 4, 202 Ferntree Gully Road, Clayton, Victoria 3168 or email: email@example.com; or
- by phone on (03) 8540 7000 during business hours.
- You can also arrange any change through your financial institution, which is required to act promptly on your instructions.
- If you change or defer a Debit Payment, your subscription of the NLNA will be suspended until the earlier of such time as payment is made or 3 months after the change or deferment. If you stop a Debit Payment, your subscription of the NLNA will be cancelled.
12.5 Your obligations
- It is your responsibility to ensure that there are sufficient clear funds available in your Account to allow a Debit Payment to be made in accordance with the DDR and these Terms.
- If there are insufficient clear funds in your Account to meet a Debit Payment:
- you may be charged a fee and/or interest by your financial institution;
- you may also incur fees or charges imposed or incurred by the NLNA; and
- you must arrange for the Debit Payment to be made by another method or arrange for sufficient clear funds to be in your Account by an agreed time so that we can process the Debit Payment.
- You should check your Account statement to verify that the amounts debited from your Account are correct.
If you believe that there has been an error in debiting your Account, you should notify us directly (03) 8540 7000 during business hours and confirm that notice in writing with us as soon as possible (in the manner set out in clause 13.5(b)) so that we can resolve your query faster. Alternatively, you can refer the error directly to your financial institution.
- Before completing the DDR, you should check with your financial institution to confirm that direct debiting is available from your Account.
- You should confirm that the Account details you provide to us are correct by checking them against a recent Account statement.
- If you have any questions about how to complete the DDR, you should contact your financial institution.
- Definitions and general provisions
In these Terms, unless the context requires otherwise:
Account means the bank account or credit card you hold with your financial institution from which we are authorised to arrange for funds to be debited;
Business Day means a day other than a Saturday or a Sunday or a public holiday in Victoria, Australia;
Constitution means the Constitution of the NLNA as in force from time to time;
Debit Day means the day that payment of your subscription fees is due;
Debit Payment means a particular transaction where a debit from your Account is made;
Direct Debit Request or DDR means the direct debit request form whereby you authorise the NLNA the arrange for funds to be debited from your Account;
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity, and wherever existing, including:
- patents, designs, copyright, source code, rights in circuit layouts, trade marks, know how, brand names, domain names, inventions, database rights, product names, product functionality, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
- any application or right to apply for registration of any of those rights;
- any registration of any of those rights or any registration of any application referred to in paragraph (b); and
- all renewals and extensions of those rights;
us or we means the NLNA; and
you means the person who has applied for subscription of the NLNA and (if applicable) has signed the DDR.
13.2 Governing law and jurisdiction
- These Terms are governed by and must be construed in accordance with the law of Victoria, Australia.
- The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.
13.3 Entire understanding
These Terms, together with any documents referred to in these Terms or executed under or in connection with these Terms, contain the entire understanding and agreement of the parties about the subject matter of these Terms and supersede, terminate and replace all prior representations, negotiations, agreements, arrangements, understandings and other communications between or involving some or all of the parties about that subject matter.
13.4 Invalid or unenforceable provisions
Any provision of these Terms which is invalid or unenforceable in any jurisdiction must:
- to the extent it is capable of being read down in that jurisdiction, be read down in that jurisdiction to the minimum extent necessary to achieve validity or enforceability in that jurisdiction; and
- to the extent it is not capable of being read down in that jurisdiction, be severed from these Terms in that jurisdiction,
without invalidating or affecting the remaining provisions of these Terms or the validity or enforceability of that provision in any other jurisdiction.
- Headings are used for convenience only and do not affect the interpretation of these Terms.
- Any notice to be given by a party under these Terms may be given personally, by post, by email or (in respect of notice by the NLNA only) by displaying that notice on NLNA’s website. Any notice to be given by a subscriber to the NLNA must be either:
- sent by email to: firstname.lastname@example.org; or
- delivered personally or sent by post to: Suite 4, 202 Ferntree Gully Road, Clayton, Victoria 3168
- These Terms may be amended or updated by the NLNA from time to time with the amended or updated Terms being available on the NLNA website.
- Words importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies.
- Wherever “include” or any form of that word is used, it must be construed as if it were followed by “(without being limited to)”.
- A failure or delay by the NLNA in exercising any right conferred on the NLNA under these Terms does not operate as a waiver of the right.
- You must not transfer, assign, create an interest in or deal in any other way with any of its rights under these Terms without the prior written consent of the NLNA.
- Except to the extent these Terms provides otherwise, nothing in these Terms may be construed as creating a relationship of partnership, of principal and agent or of trustee and beneficiary.