TLC PRIVILEGES - Terms & Conditions

Effective From: 30 September 2017

1. Introduction

1.1 These Terms and Conditions form the basis of TLC Privileges. They are intended to protect both Members and TLC Aged Care (TLC). It is the Member's responsibility to read and understand them.

1.2 These Terms and Conditions are effective as at the date specified above and may be amended by TLC from time to time. The current Terms and Conditions are those available at TLC’s website. Members will be provided with a copy of the Terms and Conditions at the time of joining TLC Privileges and material changes will be notified to Members in accordance with clause 3.2.

1.3 Every Member is bound by these Terms and Conditions.

2. Definitions

2.1 In these Terms and Conditions unless the context otherwise requires:

‘Additional Daily Fee’ is the daily amount payable for membership of Silver Privileges;'Benefits' means any of the facilities, discounts, services or arrangements offered or available to a Member as a result of membership of TLC Privileges;

‘Extra Service Fee’ si the daily amount payable for membership of Gold Privileges;

‘Fee Schedule’ means the schedule of fees as published in TLC’s materials and on TLC’s website.

'Member' means a Member who is residing in a Gold Privileges allocated room, or has paid the additional daily fee for membership of Silver Privileges;

'TLC’ means TLC Aged Care and its related Approved Provider entities ABN 20 090 724 726;

'Terms and Conditions' means these TLC Privileges Terms and Conditions.

3. Changes to TLC Privileges

3.1 Subject to clause 3.2, TLC reserves the right to make any changes (whether material or otherwise) to TLC Privileges, the Terms and Conditions, the Benefits offered and the Fee Table, including:

a) changes to the Benefits offered under the Gold Privileges and Silver Privileges programs.

3.2 TLC Privileges will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit Benefits:

(a) where the Benefit is provided by TLC Privileges, to give Members at least 3 months notice;

(b) where the Benefit is provided by a third party, where possible give Members at least 28 days notice.

3.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if TLC Privileges notifies Members of the change by:

(a) for Members living in Australia, providing notice at the email address provided to TLC by the Member or, if no valid email address is held by TLC, by posting details of the changes on tlcagedcare.com.au/tlcprivileges;

(b) for Members living outside Australia , posting details of the changes on tlcagedcare.com.au/tlcprivileges.

4. Termination or Suspension of TLC Privileges

4.1 TLC gives no warranty as to the continuing availability of TLC Privileges. TLC may terminate or suspend TLC Privileges at any time. TLC will give at least six months notice to Members of such termination or suspension, except if TLC ceases to operate an aged care business in which case TLC Privileges will cease immediately.

5. Membership

5.1 Membership of TLC Privileges is open only to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.

5.2 Membership of Gold Privileges is mandatory for all people who opt to reside in the Gold Privileges area of a TLC facility. Gold Privileges Members accept membership and payment of the Extra Service Fee for the period that they reside in Gold Privileges area of a TLC facility.

5.3 Persons wishing to become Silver Privileges Members must apply for membership and pay the Additional Daily Fee applicable to their membership level. Silver Privileges membership is offered at the discretion of TLC. TLC has the right to accept or reject any application for membership.

5.4 Each Member may have only one TLC Privileges membership.

5.5 Silver Privileges Members may cancel their membership by providing 7 days written notice to the Resident Liaison of their TLC facility.

5.6 Each Member must advise TLC of any change of name, address, or other details as soon as practicable after the change. Changes to the mailing address or other details may be made directly to the Resident Liaison at TLC’s facilities. Written proof must be supplied for any change of name, and may be required for other changes. TLC are not responsible for any failure by a Member to notify TLC Loyalty of any changes in accordance with this clause, or for any incorrect changes notified to TLC.

6. Benefits

6.1 The Benefits of Gold Privileges and Silver Privileges are published in TLC’s materials and on their website.

6.2 The Benefits available to Gold Privileges and Silver Privileges members are subject to availability.

6.3 TLC reserves the right to withhold any Benefits available to Members until such time as a safety assessment can be completed. If the recommendations of the safety assessment precludes a Member from receiving the Benefits of TLC Privileges, TLC reserves the right to withhold those benefits.

6.4 If the Benefits available to Members are not available at any TLC facility TLC reserves the right to withhold those Benefits.

6.5 The provision of Benefits may be subject to delivery and installation periods and TLC accepts no liability for any delays in the provision of Benefits.

7. Member obligations and responsibilities

7.1 Members must not:

(a) act in any way which breaches these Terms and Conditions; or

(b) abuse or misuse, Benefits, facilities, services or arrangements accorded to the Member as a result of membership including by:

(c) engage in illegal or fraudulent activities;

(d) supplying or attempting to supply false or misleading information, or making a misrepresentation to TLC;

(e) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any TLC Privileges Benefit other than in accordance with these Terms and Conditions;

(f) acting in a hostile, abusive or aggressive way towards TLC staff or the staff;

(g) acting in an unruly manner in a TLC facility; or

(h) fail to adhere to TLC’s Visitor Code of Conduct, Resident Agreement or Resident Handbook.

7.2 Each Member is responsible for ensuring that they have sufficient funds available to meet the cost of TLC Privileges membership.

7.3 Each Member is responsible for regularly checking their monthly account statement and must:

(a) notify TLC of any omissions, incorrect entries or other discrepancies within 28 days of receipt of their statement.

8. Extra Services Fee or Additional Daily Fee

8.1 The Extra Services Fee payable for membership of Gold Privileges and the Additional Daily Fee payable for membership of Silver Privileges is set out in the ‘Fee Table’ published by TLC.

8.2 The Additional Daily fee will be included in the resident’s monthly invoice.

8.3 Subject to Clause 5 and provision of 30-days written notice to cancel a Silver Privileges membership, TLC agrees to remove the Additional Daily Fee from the Silver Privileges Member’s monthly invoice effective from the 30th day of written advice.

8.4 The Extra Services Fee for Gold Privileges membership is payable for the period that a Member resides in Gold Privileges area of a TLC facility.

9. Suspension or Termination of Membership

9.1 If a Member has committed a material breach of any of the Terms and Conditions or has failed to pay any money due by the due date, whether intentionally or otherwise, then TLC may do any one or more of the following:

(a) suspend or terminate the Member's membership;

(b) cancel or refuse to honour any Benefits that have been provided to the Member.

9.2 If TLC intends to take action under clause 8.1, it will notify the Member of its intention and the reason for that action. The Member will then have 21 days to respond to this notice by rectifying the breach (where possible) and providing any reason why TLC should not take action (provided that TLC may suspend the Member's account until any review is completed). TLC will review the response and advise the Member of its position.

9.3 Membership will terminate automatically on the death of a Member.

10. Liability

10.1 TLC acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers, services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose.

10.2 TLC and any of their officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions or TLC Privileges, including, without limitation, any changes to the Terms and Conditions or TLC Privileges, save to the extent that such loss or claim arises from the negligence or wilful misconduct of TLC, or any of their officers, employees or agents.

10.3 Where the Benefits are provided by a third party, TLC accepts no liability for the provision of those Benefits.

11. General

11.1 Interpretation: In these Terms and Conditions, unless the contrary intention appears:

(a) the singular includes the plural and vice versa;

(b) dollars or '$' means Australian dollars;

(c) unless otherwise stated, all dollar amounts include any applicable GST;

(d) dates or times are Universal Time Code (or GMT) dates or times;

(e) a reference to 'include' or 'including' means 'including but not limited to'.

12. Governing Law

The Terms and Conditions and membership of TLC Privileges are governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for Membership has been completed by the Member or submitted to TLC. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of Victoria.

Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Competition and Consumer Act (2010) and under State and Territory consumer protection legislation.

If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.