CONCEPTS CLUB TRAVEL – CLUB MEMBERSHIP AGREEMENT
1 Membership
1.1 CVC Membership Services Pty Ltd (ACN 100 589 820) ("Concepts Club Travel") is offering you a membership program ("Club"), subject to the terms and conditions set out in this Agreement ("Club Terms").
1.2 Your access to and membership of the Club is conditional upon payment of the membership fee and your acceptance and compliance with the Club Terms, which form a binding agreement between Concepts Club Travel and you. Please read these Club Terms carefully. By accessing and/or using the Club, you accept, without limitation or qualification:
(a) the Club Terms;
(b) any additional terms, directions or conditions provided to you as part of the Club;
(c) the general Terms of Use for the Concepts Club Travel website; and
(d) the terms and conditions of Concepts Club Travel's Privacy Policy.
1.3 In the event of any inconsistency between the Club Terms and any of the other provisions listed in 1.2 above, the Club Terms will prevail to the extent of that inconsistency.
1.4 The period of your Club membership will be:
(a) 13 months;
(b) 25 months; or
(c) such other period,
as expressly offered by Concepts Club Travel to you. If Concepts Club Travel does not expressly specify the period of your Club membership, the period of your Club membership is deemed to be 13 months.
1.5 Concepts Club Travel reserves the right to refuse membership to any person at its sole discretion.
2 Club Products and Services
2.1 Concepts Club Travel will provide the members of the Club, travel, leisure and lifestyle benefit products on behalf of various service providers which includes, but is not limited to, transport, accommodation and other third party service providers such as airlines, hotels, coach/rail, cruise lines operators and restaurants as disclosed in the website www.clubtravel.com.au or any of the brochures published by Concepts Club Travel ("Club Products and Services").
2.2 You acknowledge that Concepts Club Travel acts only as your agent in acquiring any Club Products and Services. You agree that your legal recourse for any of the Club Products and Services is against the specific provider not Concepts Club Travel.
2.3 All Club Products and Services are subject to availability and may be offered on a restricted basis or not at all. Special conditions may apply in relation to Club Products and Services including such conditions which the service provider makes the relevant product, service or other benefit available.
2.4 Any additional outgoings, fees or charges payable in respect of Club Products and Services are your responsibility.
2.5 Concepts Club Travel may withdraw, limit, modify, cancel or increase the continued availability of Club Products and Services. You expressly acknowledge that Concepts Club Travel has no obligation to continue to provide any of the Club Products and Services which were available when you joined the Club or continue to provide any Club Products and Services offered to you from time to time during your membership with the Club.
2.6 Concepts Club Travel is not liable for any disruption to the Club or any delay to or inability to provide any Club Products and Services caused by circumstances beyond its control, including any failure of a third party to provide a Club Products and Services.
2.7 If you obtain, or Concepts Club Travel obtains on your behalf, a refund or reimbursement on the cancellation or termination of any Club Products and Services ("Cancelled Club Products and Services") for any reason, you will, as directed by Concepts Club Travel, either:
(a) repay to Concepts Club Travel an amount equal to the original acquisition of that Cancelled Club Products and Services and allow Concepts Club Travel to hold an amount equal in an account on your behalf; or
(b) retain for yourself absolutely the amount of that refund or reimbursement.
3 Booking Conditions
3.1 Travel restrictions and conditions apply to the Club Products and Services. These conditions will be notified to you from time to time as you make reservations or bookings for the relevant Club Products and Services. Please ask us about these conditions.
3.2 Generally, the Club Products and Services are subject to the following booking terms and conditions:
(a) the terms and conditions specified by the supplier of the relevant products, such as the airlines, hotels, wholesalers and tour operators;
(b) the published prices will be correct at the time of printing and may change without notice including any changes due to currency fluctuations or use of a different exchange rate by your credit card company. Also, prices are subject to availability at the time of booking and seasonal surcharges may apply depending on the travel dates;
(c) the published prices are per person and for accommodation is based on twin-share, unless otherwise stated; and
(d) the published prices exclude taxes, levies and government charges unless otherwise stated.
4 Termination
4.1 You can terminate your Club membership at any time by giving notice in the manner directed by Concepts Club Travel. For further details, ask your membership consultant, or use the Club website.
4.2 Concepts Club Travel may terminate your Club membership immediately and without notice if it believes on reasonable grounds that you breached these Club Terms or if it is unable to verify or authenticate any information you provide to us.
4.3 Concepts Club Travel may terminate the Club at any time by giving you [5 business days] notice.
5 Changes to Club Terms
5.1 Concepts Club Travel may, at any time, revise or amend the Club Terms by updating this agreement without prior notice to you, in which case the Club Terms as modified will apply to you from the date upon which Concepts Club Travel publishes the modification or notifies you in writing (including by way of e-mail to the address last notified to us). You should periodically visit the Concepts Club Travel website to review the then current Club Terms.
5.2 The Club Terms may not be altered, supplemented, or amended by you by use of any additional documents that purport to be an agreement between you and Concepts Club Travel. Any attempt by you to supplement or amend this document shall be void.
6 Privacy
6.1 Concepts Club Travel may seek access to, collect, use or disclose your personal information for:
(a) administering the Club and the provision or performance of service relating to the Club; and
(b) planning, research, and the promotion and marketing (whether targeted, direct or indirect) of goods, services or products of Concepts Club Travel or any organisation associated with the Club, and you specifically authorise Concepts Club Travel and any of its agents or contractors to seek access to, collect, use or disclose that information between themselves, for those purposes. For more information regarding Concepts Club Travel's privacy policy, go to www.clubtravel.com.au or ask your travel consultant for details.
7 Warranties
7.1 Your use of the Club is at your own risk. Subject to this clause 7.1, Concepts Club Travel makes no warranties or representations with respect to type, quality, standard, fitness or suitability for any purpose of Club Products and Services. Concepts Club Travel specifically disclaims any liability or responsibility for any errors or omissions in the Club whether Concepts Club Travel is aware of such errors or omissions or not. Please note that the Trade Practices Act 1974 (Cth) and similar state and territory legislation may confer rights and remedies on you in relation to the provision by Concepts Club Travel of goods or services which cannot be excluded, restricted or modified ("Non-excludable Rights"). Concepts Club Travel does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute. To the fullest extent permitted by law, Concepts Club Travel's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Concepts Club Travel, to:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
8 No Liability
8.1 Concepts Club Travel does not accept:
(a) any liability with respect to death, injury or any consequential loss arising from the supply or non-supply of Club Products and Services;
(b) any responsibility for inaccurate or misdescribed information provided to you in any communication concerning the Club or any of the Club Products and Services, such as information contained in the text or illustration in advertisements or pictures of any hotel rooms or geographic location of holidays; and
(c) any tax liability that you may have in relation to the Club or any of the Club Products and Services.
9 Dispute Resolution
9.1 If you have any complaints, concerns or disputes in relation to or arising out of your Club membership or the Club Terms, you should contact Concepts Club Travel in the first instance. Concepts Club Travel will aim to respond to you within 30 days of receipt of your correspondence.
10 GST
10.1 The membership fees payable for the Club is exclusive of goods and services tax ("GST").
10.2 If GST is payable on any supply made or deemed to be made under this agreement, you will pay to Concepts Club Travel an amount equal to the GST arising on such supply. GST will be payable at the same time as the relevant payment for the supply in respect of which the liability for GST arises or at the time the relevant liability for GST arises, whichever is the earlier.
11 Assignment and subcontracting
11.1 Concepts Club Travel may assign this agreement to any other person without the need to obtain your consent or approval.
11.2 Concepts Club Travel may subcontract any part of this agreement to any person, including its related bodies corporate or third parties. You agree that Concepts Club Travel does not need to notify you of any subcontracting arrangements.
12 Governing Law
12.1 These Club Terms are to be governed by and construed in accordance with the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.

INTRODUCTION AND ACCEPTANCE OF TERMS AND CONDITIONS

Please read the following information carefully before you access this website. By entering this website and/or using it to obtain any benefit, product or service, you are agreeing to be bound by the following terms and conditions of use, as the same may be revised, supplemented, or amended from time to time ("Terms Of Use"). When using any particular benefit, product or service available through this website, you will also be subject to each and every term and condition applicable to that particular benefit, product or service, as the same may be revised, supplemented, or amended from time to time ("Special Use Terms"). Any revision, supplement, or amendment to the Terms Of Use and/or the Special Use Terms shall be effective and binding upon you from the time it is incorporated into this website, and no other notice is required or will be provided to you. If you do not agree to the Terms Of Use and/or the Special Use Terms, please do not enter or use this website. For members of Concepts Club Travel, the Terms Of Use and the Special Use Terms shall be deemed to supplement the terms and conditions contained in any purchase agreement for a Concepts Club Travel membership (“Club Terms”). In the event of any conflict between either of the foregoing and the Terms Of Use and/or the Special Use Terms, the provisions of the Club Terms shall prevail.

TRADEMARKS
Concepts Club Travel, the Concepts logo, the Concepts global design, and clubtravel.com.au are registered trademarks and/or service marks (collectively the "Marks") of Concepts Vacation Club Travel Limited, a company organized under the laws of the British Virgin Islands ("CVC"). The Marks may not be used in whole or in part without the prior written consent of CVC, and any use without such permission may constitute trademark infringement and unfair competition in violation of international, national, and state/provincial law.

OWNERSHIP OF MATERIAL INCLUDED IN THIS WEBSITE

The information and content included in this website is copyrighted and may not be used, copied, distributed, revised or reproduced in any medium, in whole or in part, without the prior written permission of CVC. The images included in this website are either owned by CVC or are used with the permission of their respective owners. This website is owned by CVC, which also owns all associated intellectual property rights, including, without limitation, all copyrights, patents, trademarks and trade secrets. This website is maintained and operated on behalf of CVC by CVC Membership Services Pty Ltd, a company organized under the laws of Australia (“CVC Membership Services"), pursuant to the terms of a management agreement with CVC. The material contained in this website is derived in whole or in part from materials protected by international copyright and other intellectual property laws. Under no circumstances may the information and content included in this website be displayed, reproduced, or published without the express written consent of CVC, and all rights not otherwise granted are fully reserved.

YOUR MEMBERSHIP AND PERSONAL INFORMATION

In granting you access to this website as a member of Concepts Club Travel, you agree to provide true, accurate, current, and complete information when you communicate with CVC Membership Services using this website. You are responsible for maintaining the confidentiality of your membership number and any password(s) assigned to you or selected by you, and you are further responsible for any and all activities that take place on this website using your membership number and password(s). You agree that CVC Membership Services or any third party providing any product, program, benefit or service ("Providers") may communicate with you about any matter pertaining to your membership or the purchase of any product, program, benefit or service made available to you through the use of this website by using the email address, the facsimile number, and/or the mailing address you provide. Unless you notify CVC Membership Services in writing through this website of any change in your personal or membership details, CVC Membership Services and/or the Providers will continue to communicate with you using the personal and membership details included in your original Membership Agreement.

MEMBER CONDUCT IN CONJUNCTION WITH THE USE OF THIS WEBSITE

This website may offer Concepts Club Travel members access to bulletin boards or other electronic media that allow communication and/or member feedback to CVC Membership Services. In conjunction with, and as a condition to, your use of any such bulletin board or other electronic medium, you agree not to (1) email or otherwise transmit any unlawful, threatening, abusive, defamatory, obscene, pornographic or indecent information or images of any type, including any transmission that would constitute a criminal offence or that could result in a violation of any local, state/provincial, national or international law; (2) impersonate any other person, including but not limited to another Concepts Club Travel member, an employee of CVC Membership Services or CVC, or an employee of a Provider; (3) harass or stalk another person; (4) collect, store or communicate to any other person any information about any other user of this website; or (5) transmit or exploit any information or benefit, product, or service offered through this website for commercial purposes. You agree to indemnify CVC and CVC Membership Services and hold each of them harmless from any claim or demand made by any third party resulting from your violation of any of the foregoing, including reasonable attorney fees incurred by CVC and/or CVC Membership Services. You further agree that by violating any of the foregoing, CVC Membership Services may also suspend or terminate your access to this website and/or terminate your Concepts Club Travel membership.

YOUR PRIVACY

CVC Membership Services will collect and utilize information about you pursuant to the guidelines established by Concepts Club Travel’s (CCT) privacy policy, as the same may be revised, supplemented, or amended from time to time. A copy of the current CCT privacy policy may be obtained by written request to CVC Membership Services, # 3-5 Calypso Plaza, 99 Griffith Street, Coolangatta, Queensland 4225 Australia.

LINKS TO THIRD PARTY WEBSITES

CVC Membership Services may, in its discretion, provide links from this website to websites owned and operated by Providers or other third parties. In addition, links to this website may be provided from other websites, with or without the knowledge of CVC Membership Services. Neither CVC nor CVC Membership Services is responsible for the content of any such website, nor does CVC or CVC Membership Services control the content or the operation of any website linked to this website or to which this website may be linked. CVC and CVC Membership Services therefore disclaim any liability or responsibility arising from the use of any other website by any Concepts Club Travel member or any other user of this website. Any link to another website through this website does not constitute an endorsement the other website, nor does it indicate that CVC or CVC Membership Services is responsible for providing or delivering any benefit, product, or service offered through any such third party website.

NO WARRANTIES

CVC Membership Services intends that the data and information included in this website is up to date and accurate. However, since a substantial portion of the data and information contained in this website has been obtained from a variety of third party sources, it is made available to Concepts Club Travel members and other users of this website on an "as is" and "as available" basis, without any express or implied warranty of any kind. To the fullest extent possible under applicable law, CVC and CVC Membership Services expressly disclaim any warranty, express or implied, including, but not limited to, implied warranties of fitness or merchantability for a particular purpose with respect to the content of this website and the information and materials contained in it, or with respect to any product, program, benefit, or service made available through this website. In particular, neither CVC nor CVC Membership Services warrants that the rates for the various types of travel, leisure and lifestyle benefit products on behalf of various service providers which includes, but is not limited to, transport, accommodation and other third party service providers such as airlines, hotels, coach/rail, cruise lines operators and restaurants as disclosed in the website www.clubtravel.com.au or any of the brochures published by Concepts Club Travel ("Club Products and Services") offered to Concepts Club Travel members through this website will be available at the time a reservation request is made, and each further advises that price as well as availability is subject to change without prior notice. Neither CVC nor CVC Membership Services makes any representation regarding the use or the results of use of any information or data obtained from a third party or from a third party website to which this website may be linked. Furthermore, neither CVC nor CVC Membership Services warrants that the functions associated with the use of this website will be uninterrupted, timely, secure, or error free, or that the website or the servers that make it available are free from viruses or other harmful features. By using this website, you acknowledge and agree that any information or data you access or download is obtained at your own risk and that you will be solely responsible for any damage to your computer system or for the loss of any information or data that may result from your use of this website.

ROLE OF CVC MEMBERSHIP SERVICES

CVC Membership Services acts only in the capacity as an agent for Concepts Club Travel members in requesting and confirming reservations for Club Products and Services. Neither CVC nor CVC Membership Services is responsible for any damage, expense, or injury to property, or for any damage, expense, or injury resulting to any person caused by the use or the unavailability of any of the Club Products and Services, or for any change or delay in the delivery or the provision of the Club Products and Services for any reason whatsoever.

NOTIFICATION REGARDING TERMS AND CONDITIONS

CVC Membership Services may revise, supplement, or amend any of the terms and conditions set out above, and, further, may revise, supplement, or amend any of the terms and conditions contained in the Concepts Club Travel Membership Agreement, by publishing any such revision, supplement, or amendment at this website. Any such revision, supplement, or amendment shall be effective upon publication. CVC Membership Services therefore invites Concepts Club Travel members to visit this website on a regular basis to remain apprised of all such revisions, supplements, or amendments.

MODIFICATION OF THIS WEBSITE

CVC Membership Services reserves the right to modify, add, or delete information and content included in this website in its sole discretion, and to modify, add or delete any benefit, product, or service made available to Concepts Club Travel members through this website.

GOVERNING LAW AND DISPUTE RESOLUTION

The Terms Of Use associated with this website shall be governed by and construed in accordance with the laws of the Queensland without giving any effect to any conflict of laws principles. Any dispute involving or relating to the Terms Of Use associated with this website shall be subject to the laws of Queensland, whatever the nationality of the user or the Concepts Club Travel member. In the event such Terms Of Use are translated into a language other than English, the English text shall be deemed controlling and shall prevail in the event of any conflict with a translated version of the Terms Of Use. Any user of this website, including any Concepts Club Travel member, agrees that the courts of Queensland shall have exclusive jurisdiction to resolve any disputes that arise in connection with the use of this website.

© 2002 CONCEPTS VACATION CLUB LIMITED

All rights reserved. No part of these TERMS AND CONDITIONS OF USE OF CONCEPTS CLUB TRAVEL WEBSITE may be reproduced or transmitted in any form or by any means without the prior written permission of Concepts Club Travel. Applications for the copyright owner's permission should be addressed to Concepts Vacation Club Limited, P.O. Box 957, O.I. Centre, Road Town, Tortola, British Virgin Islands.