Privacy & Legal

If you would like to access or update your personal records maintained by RACV or have any concerns or complaints about the manner in which RACV has handled your personal information, please contact us using the details below.  We will review your request and respond to you in writing. In some circumstances, we may require further information to respond to you or to fulfil your request.  If you are not satisfied with our response, you can contact us to discuss your concerns or take the matter to the Office of the Australian Information Commissioner.

• By email: Contact us
• By phone: 13 RACV (13 72 28)
  
• By post: Privacy@RACV, Level 7, 485 Bourke Street, Melbourne, VIC, 3000

These terms and conditions apply when you visit or use an app, social media site, online account or website owned and operated by or on behalf of Royal Automobile Club of Victoria (RACV) Ltd (ABN 44 004 060 833) (us, we, our) referred to collectively in these terms and conditions as the 'Digital Platforms'.

2.1. Your use of our Digital Platforms is governed by these terms and conditions and any additional terms and conditions posted on any of our Digital Platforms from time to time ('Terms'). Should any term within these Terms conflict with the additional terms and conditions of a particular Digital Platform, the latter’s terms will prevail to the extent of the conflict.

2.2. By continuing to use a Digital Platform you indicate your consent and agreement to these Terms.

3.1. You can purchase various RACV products and services online as either:

3.1.1. a logged in user; or alternatively,

3.1.2. as a visitor (or non-logged in member).

3.2. To create a valid transaction using a Digital Platform you will need to follow the prompts on the Digital Platform and comply with these Terms.

3.3. A transaction is not completed until we have received and processed your confirmation. Your confirmation means any communication issued or transmitted by you to us (via the Digital Platform or other electronic means) containing your acceptance in relation to our offer or your confirmation of payment, whichever is applicable.

3.4. If, for whatever reason, we do not receive confirmation of payment, we are not liable to you in any way for loss or damage, however caused, arising directly out of, or indirectly in connection with, the transmission of your confirmation to us.

4.1 To take out an RACV Insurance policy while using a Digital Platform:

4.1.1 complete the steps to obtain an indicative quote by responding to some questions about you and the asset to be insured (‘Indicative Quote’),

4.1.2 to continue after receiving the Indicative Quote, follow the prompts on the Digital Platform to answer the remaining questions;

4.1.3 if you successfully complete the remaining questions, we may make an insurance offer to you which will describe the price and the terms on which RACV offers to arrange insurance (‘Insurance Offer’); and

4.1.4 to complete your purchase, you can then accept the Insurance Offer by following the relevant prompts and providing us with valid payments details.

4.2 If you use a Digital Platform to purchase an RACV Insurance policy, you acknowledge and agree as follows:

4.2.1. we may act on and process all completed instructions that are transmitted or issued by you through a Digital Platform (a ‘Digital Instruction’) without further consent from or reference to you;

4.2.2. we may treat a Digital Instruction as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting Digital Instructions, or to verify the accuracy and completeness of Digital Instructions;

4.2.3 an Indicative Quote is not a contract of insurance, does not provide you with any cover and is not an offer to arrange insurance at the price quoted;

4.2.4 when you obtain an Indicative Quote you will receive a quote number. The Indicative Quote and quote number will remain valid and accessible for up to 21 days;

4.2.5 even if we have given you an Indicative Quote, we may ultimately decide not to make an Insurance Offer to you or to offer insurance at a different premium, excess, discount, payment option or with special conditions;

4.2.6 you will be taken to have communicated your acceptance of our Insurance Offer when:

a) the Digital Instruction containing your acceptance enters and is recorded in our system, or a system maintained and operated on our behalf (‘Our System’);

b) a record is created and stored in Our System; and

c) a policy number is generated and provided by Our System.

4.3. If we accept your payment, you will be provided with a corresponding RACV policy number, Policy Schedule and PDS.

4.4. A binding insurance agreement is not conditional on the issuance of a policy number. Failure to receive a policy number does not invalidate or otherwise prejudice the existence of an insurance contract or transaction entered into using a Digital Platform.

4.5. Unless you have elected to receive your policy documents electronically, we’ll also issue a paper confirmation of the insurance policy. However, the existence of a binding contract is not conditional on us issuing, or you receiving, a paper confirmation of the transaction. If you don’t receive the paper confirmation, please contact us on 13 72 28.

5.1 Payments must be made using a payment method acceptable to us. The payment methods we accept in a Digital Platform will be notified to you at the time of the transaction (‘Payment Method’). You can complete your payment using a Digital Platform by completing the details for your preferred Payment Method as prompted in the relevant payment form. You also have the option to pay your premium by BPAY, at an RACV retail outlet, at Australia Post, and by calling RACV and providing payment details over the phone. Please contact us on 13 72 28 for further information about other ways to make a payment.

5.2. If you elect to pay your premium by instalments then you may be able to select the particular day of each month your payment will be deducted (after the first double instalment has been deducted) from your nominated payment card or bank account. If you elect to pay your premium by instalments the additional terms and conditions applicable to that payment arrangement will be made available to you as part of your policy documents.

5.3. Your insurance contract is only valid and binding when we are able to either:

5.3.1. successfully charge against or direct debit your nominated credit card; or

5.3.2. direct debit from your nominated bank account; or

5.3.3. we otherwise receive payment of your applicable premium (either by a single payment or where permitted, in instalments).

Some of our Digital Platforms allow you to set up accounts so you can access your personal information and undertake certain transactions (‘Digital Account’). The services and transactions you can perform will vary between our Digital Platforms.

6.1. You can set up a Digital Account by completing the registration process on the Digital Platform and providing details, such as a username and password, that you will need to use to log into your Digital Account (‘Login Details’). You may also need to accept additional terms and conditions that govern your use of the Digital Account and the services it provides.

6.2. To access and login to the RACV online account on racv.com.au, you must hold a current RACV product which entitles you to RACV membership. Further details about membership are available at racv.com.au.

6.3. You must keep your Login Details confidential. You must not provide your Login Details to any other person and you must not allow any other person to use your Login Details.

6.4. You must not use your Digital Account, or a Digital Platform, to attempt to access anyone else’s information or to modify the details of any other person without their authority.

6.5. You acknowledge and agree that where you use a Digital Account to add, remove or change certain details, covers, add-ons, features and other aspects of your RACV products and services, these changes may result in an additional premium, payment or sum being payable in relation to the change. Where this is the case, we’ll use our best endeavours to let you know, either at the time you change your details, or as soon as possible thereafter.

6.6. If you have downloaded a Digital Platform to a device which supports biometric authentication, then instead of a passcode you may use biometric data (such as a fingerprint or facial recognition) to access your Digital Account. Biometric authentication uses the biometric data stored on your device. We do not collect or store your biometric data when you use this feature to access your Digital Account.

6.7. If you use biometric authentication to access your Digital Account, you acknowledge that if another person’s biometric data is stored on your device, that person will be able to access your Digital Account and you will be liable for, and responsible for, any use of your Digital Account, including any transactions they make or authorise. 

6.8. Some of our Digital Platforms include a feature which enables us to send notifications to you. Where this feature is enabled, we may send notifications to you using a push notification service or other communication method, such as SMS. You can enable or disable these notifications by changing the settings on your device.

You may cancel your RACV Insurance policy using your RACV online account on racv.com.au. If you do, the following terms apply:

7.1. Provided you do not need to make a claim, we will refund the unexpired portion of any paid premium (less any cancellation processing fee we apply and less any government charges that we are required by law to keep).

7.2 The exact amount of any refund due to you will be unknown at the time you cancel your policy.

7.3. You will need to provide us with an address to which you would like any refund cheque sent.

7.4. You acknowledge that refund cheques will be issued in the name of all insureds. This means that the refund cheque may only be accepted by a bank for deposit to an account that is held in the name of all insureds. We may issue a refund cheque in the name of a particular insured if we are satisfied that each of the other individuals named as an insured on the policy have authorised the refund cheque to be issued in that insured’s name.

7.5. Where the policy is held in joint names, any of the co-insured parties may cancel the policy and RACV accepts no responsibility where a policy is cancelled by only one insured under a policy held in joint names.

8.1. Payments must be made using a Payment Method. All payments must be paid in full by clear funds by the due date specified in the relevant confirmation at the time of purchase, renewal or amendment (as the case may be) of the applicable policy or service.

8.2. Payment must be made by following the prompts and providing us with relevant payment details for the Payment Method you have chosen from those we accept.

8.3. If you use a Digital Platform to renew an RACV Insurance policy you will be taken to have renewed that policy, and a binding insurance contract will be formed, only when:

8.3.1 the Digital Instruction containing the policy number, premium amount due and Payment Method details, and an instruction from you to renew the policy, enters and is recorded in Our System;

8.3.2 we receive all required details of your chosen Payment Method and to which we are able to charge the premium;

8.3.3 an RACV receipt number is generated by Our System; and

8.3.4 Our System is updated with information from the relevant payment system.

By:

9.1 creating a Digital Account on a Digital Platform; or

9.2 completing a transaction using a Digital Platform,

you agree that RACV and its related bodies corporate may contact you with marketing and information about their products and services, discounts, special offers, competitions and invitations to special events, for an indefinite period unless and until you opt out of receiving these communications.  You agree that any contact details provided by you can be used for these communications, including to contact you by post, phone, email and SMS.  If at any time you wish to opt out from receiving these communications, please let us know by using the "Opt Out" instructions in the RACV Privacy Charter (available at www.racv.com.au) or any opt out means provided in the communications.

10.1. Our Digital Platforms may contain or offer tools, calculators, games, software programs or other features to assist you in choosing from our products and services.

10.2. While we have taken all due care to ensure that these features or the information they contain and produce are accurate and free from errors and defects, we do not warrant their accuracy, adequacy, correctness or completeness. Any use of these features is at your own risk.

10.3. Any figures used by these features in calculations are estimates only and may not take account of your particular circumstances.

10.4 We may, at any time in our sole discretion and without prior notice to you, change any or all aspects of a Digital Platform (including its appearance, content and functionality), including by issuing and installing updates for devices on which you have installed the Digital Platform.

11.1. What you can do: All the material on our Digital Platforms is subject to the copyright of RACV or its third party licensors. You must not reproduce any of the material contained on our Digital Platforms except that you may: 

11.1.1. download a copy of the our Digital Platforms to the local hard drive of the computer or device used to access the site; and

11.1.2. print extracts (hard copies) of our Digital Platforms, but only for your personal use.

11.2. What you cannot do:

11.2.1. copy, reproduce, alter, modify or display in public any of the material on our Digital Platforms or otherwise incorporate into or store in any other websites, electronic retrieval system, publication or other work in any form; or

11.2.2. provide a link to our Digital Platforms from another website without our prior written consent.

11.3. The RACV logo is a registered trademark of RACV. Other trademarks may be displayed on our Digital Platforms from time to time. These may belong to RACV or to third parties. Nothing displayed on our Digital Platforms should be construed as granting any licence or right of use of any logo or trademark displayed on our Digital Platforms, without the express written permission of the relevant owner.

12.1. You must not use a Digital Platform for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws, regulations, codes of conduct, and any guidelines we may publish that govern your use of a Digital Platform or any social media site operated by us.

12.2. In particular, you agree not to:

12.2.1. charge any person any fee in any form in connection with access to a Digital Platform;

12.2.2. use a Digital Platform for any other purpose, other than as a legitimate customer or for a non-commercial purpose;

12.2.3. use a Digital Platform to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;

12.2.4. publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

12.2.5. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via a Digital Platform;

12.2.6. impersonate any person or entity; or

12.2.7. upload, post, email, transmit or otherwise make available using a Digital Platform any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

12.2.8. do anything which might disrupt access to or cause damage to or interference with a Digital Platform, including using ‘robots’ or other automated ‘form completion’ tools;

12.2.9. modify any component of a Digital Platform in any way (including by changing content or functionality or appearance, or by removing notices such as copyright notices);

12.2.10. reproduce, republish or otherwise make available through any means a Digital Platform or any content associated with it;

12.2.11. interfere with or hinder a Digital Platform, or access or try to access a Digital Platform in ways other than using the interfaces, tools, environments and instructions we provide; or any component of Digital Platform that you are not authorised to access;

12.2.12. take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas connected with a Digital Platform and software.

12.3. We retain the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, code of conduct, legal process or governmental request.

13.1. We make no representation in relation to and do not warrant that:

13.1.1. functions available on a Digital Platform will be uninterrupted or error free, that defects will be corrected, or that a Digital Platform or the server that makes it available are free of viruses or bugs; or

13.1.2. a Digital Platform, or your use of a Digital Platform, complies with the laws of any country outside Australia. If you use a Digital Platform in or from a country other than Australia, you are solely responsible for ensuring that doing so is in compliance at all times with all laws in the place where you are located.

13.2. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

14.1 We may, without notice to you and with immediate effect, temporarily or permanently limit, suspend or terminate your access to a Digital Platform if we consider it is reasonable and appropriate to do so because:

14.1.1 you or any person acting on your behalf, has committed a material breach of these Terms;

14.1.2 we have reasonable grounds to believe there is a security or fraud risk relating to your continued access to a Digital Platform; or

14.1.3 we consider (acting reasonably) that taking such action is necessary to manage financial, legal, reputational or other material risks to us, you or other users of the Digital Platform.

14.2. All warranties, indemnities, disclaimers and limitations of liability of these Terms shall survive termination.

14.3. Without limiting clause 14.1, we may cease to support and/or withdraw a Digital Platform at any time. Unless we are unable to do so due to circumstances beyond our control, if you are a registered user of the Digital Platform we will provide you with 30 days prior notice.

15.1. Use of any personal data that you provide to us is governed by our Privacy Charter and any privacy collection notice made available to you when you visit or use a Digital Platform or your Digital Account.

15.2. When you use our Digital Platform to obtain an insurance quote, we may pre-fill certain information to assist you to complete your quote. For example, for a home insurance quote, we may pre-fill fields describing the features of the property based on the risk address that has been entered. The information used to pre-fill these fields may be derived from both internal and external data resources. Some of these data resources are government databases, and some are commercial and include data obtained under licence from the issuer (such as Insurance Manufacturers of Australia Pty Limited, the issuer of RACV Home Insurance) and/or its related insurance entities. Where you make changes to the pre-filled information or add new information, this information may be used by the issuer to update the internal information databases of the issuer and its related entities.

15.3 Some of our Digital Platforms may make use of detailed location information, including GPS signals and other information sent by a device on which a Digital Platform is activated and in use. For example, when you use the fuel finder feature. Unless otherwise disclosed to you, this information is not stored or retained and you may adjust the location settings on your device as appropriate when you use these features.

16.1. Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on a Digital Platform, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any third party advertising material published on a Digital Platform.

17.1. If you wish to establish a link to a Digital Platform you must, in the first instance, use the ‘Contact Us’ details on racv.com.au and provide the following information:

17.1.1. the URL of the Digital Platform that you seek to establish a link from;

17.1.2. a brief description of your website; and

17.1.3. the reason that you wish to establish a link.

17.2. If we agree to your proposed link, you must comply with any terms and conditions imposed by us as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact us and provide a new description of your website.

18.1. If you wish to submit any content or other material to a Digital Platform (particularly our social media sites), you agree to do so on the additional terms and conditions set out in this clause 18.

18.2. When you submit user contributed material, including text, images and photos ('Material') to a Digital Platform, unless we advise otherwise, you licence and grant to us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Material for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.

18.3. In particular, we reserve the right to do any of the following:

18.3.1. select Material to be displayed on a Digital Platform;

18.3.2. remove any Material at any time;

18.3.3. amend, alter, edit or delete any Material you submit without any right of attribution to you; and

18.3.4. use any photos submitted as Material in any way that we see fit.

18.4. In submitting Material, you:

18.4.1. warrant that any Material you submit is your own work and that you own all intellectual property rights in it; and

18.4.2. warrant that any Material you submit for publication or which is published on any Digital Platform.

18.5. When contributing Material to a Digital Platform, you must not include:

18.5.1. information that helps sell, buy, solicit or offer goods, services, shares or other commodities including any phone numbers, mail or email addresses or URLs;

18.5.2. personal information, or the personal details of others such as phone numbers, mail or email addresses;

18.5.3. offensive or otherwise unsuitable images of a sexual or other inappropriate nature;

18.5.4. gratuitous swearing, profanity or spiteful remarks;

18.5.5. spamming, flaming or typing in ALL CAPS;

18.5.6. reference to, or provide links to illegal activities e.g. insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;

18.5.7. false or misleading or deceptive information; or

18.5.8. misinformation or rumour.

19.1. The information on our Digital Platforms is for general information purposes only. You must not rely on any statement on our Digital Platforms without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained our Digital Platforms, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.

19.2. We make no representations or warranties and exclude all liability to the fullest extent permitted under applicable law:

19.2.1. in relation to any of the material of our Digital Platforms (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);

19.2.2. in relation to any material of any other websites referred to or accessed by a hyperlink through a Digital Platform ('Third Party Websites'). We do not endorse or approve the material of any Third Party Website, nor will we have any liability in connection with any Third Party Website howsoever arising; or

19.2.3. that our Digital Platforms, or any of their material, is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using our Digital Platforms.

19.3 Without limiting clauses 19.1 and 19.2, where a Digital Platform displays data in relation to fuel pricing, neither we nor the third party provider of this data warrants that this data will be accurate. The data displayed will reflect the most recent available data available to the third party provider, but may not reflect up to date information in relation to every location contained in the Digital Platform.

20.1. You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on our Digital Platforms.

20.2. We do not exclude any rights and remedies available to you under the Australian Competition and Consumer Act 2010 (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via our Digital Platforms which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.

20.3. To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:

20.3.1. in the case of services supplied or offered by us:

a) the re-supply of those services; or

b) the payment of the cost of having those services re-supplied; and

20.3.2. in the case of goods supplied or offered by us:

a) the replacement of the goods or the supply of equivalent goods; or

b) the repair of the goods;

c) the payment of the cost of having the goods replaced; or

d) the payment of the cost of having the goods repaired.

20.4. You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:

20.4.1. the use of or access to, or any inability to use or access, our Digital Platforms or any material on our Digital Platforms;

20.4.2. unauthorised access to or alterations of your transmissions or data;

20.4.3. statements or conduct of any third party on our Digital Platforms; or

20.4.4. any goods purchased through our Digital Platforms.

21.1. Variations: These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after the variation has been posted.

21.2. Severability: If any of these Terms are determined to be unfair, illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

21.3. Waiver: The failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.

21.4. Applicable law: The information on our Digital Platform is provided for Australian residents only. Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.

21.5. Ownership: All contents of our Digital Platforms are copyright © 2020 Royal Automobile Club of Victoria (RACV) Limited (ABN 44 004 060 833) and/or our licensors. All rights reserved.

“Agreement” means this Direct Debit Request Service Agreement.

“Club Member” means an RACV Club member.

“Nominated Account” means the credit card or bank account nominated by you and against which you authorise RACV to debit amounts owed by you.

“RACV” means Royal Automobile Club of Victoria (RACV) Limited ABN 44 004 060 833 and includes the RACV Club.

“Term” means 12 months.

“you” means the bank account holder(s) or credit card holder and includes an RACV Club member.

1.1 Except where a direct debit relates to your RACV Club account, where the payment due date falls on a public holiday, your payment will be debited to your Nominated Account on the following business day. 

1.2 All Nominated Account details will be kept private and confidential.

1.3 Subject to clause 2, if the direct debit payment is unsuccessful:

• you or your Nominated Account may be charged a fee and/or interest by your bank;
• you or your Nominated Account may be charged a fee to reimburse us for charges we have incurred for the failed transaction;
• we may make one or more attempts to debit your Nominated Account for the debit payment (“Resweep Attempt”), within 31 days from the instalment due date;
• If a Resweep Attempt is declined, we will use reasonable endeavours to notify you by text message, email, mail or telephone that an amount is overdue;
• If an outstanding amount remains unpaid you will need to contact RACV to arrange payment. Failure to do so will result in your product being cancelled after 46 days from the instalment due date;
• You will not be covered for road service until you have paid all amounts owing by contacting 13 RACV (13 72 28) and arranging payment.

2.1 If you are a Club Member and the direct debit is in relation to your RACV Club account, the RACV Club will advise you in writing the details of the proposed direct debit at least ten business days prior to each payment due date.

2.3 The payment debit date is the 28th working day of every month (or the prior business day if the 28th falls on a weekend or public holiday).

2.4 The payment agreement is for the duration of the Term and cannot be exited without RACV Club Membership manager approval and without incurring an administration charge of $40 for pay by the month Club Members.

2.5 If two or more direct debits are returned unpaid, RACV Club reserves the right to cancel this direct debit arrangement and suspend your RACV Club membership privileges.

2.6 If an instalment remains unpaid:

• 30 days after its due date, your RACV Club membership charge card facility will be suspended without notice whilst your subscription remains unpaid in accordance with Article 27 of the Articles of Association;
• 30 days after its due date, your access to the RACV Club will automatically be suspended without notice; and
• 37 days after its due date, RACV Club may expel the Club Member subject to the provisions of Article 6 of the Articles of Association without notice at the end of that 37 day period and take necessary steps to collect all amounts owing.

3.1 Subject to 3.2, you may change your Nominated Account by calling RACV at least two (2) business days prior to the payment due date for the next direct debit.

3.2 If you are a Club Member and your direct debit relates to your RACV Club account, you may change your Nominated Account details by providing written notice to RACV Club at least ten (10) business days prior to the payment due date for the next direct debit.

3.3 You may change or defer a debit payment or terminate this agreement by contacting RACV. If the change concerns your RACV Club account, please contact the RACV Club directly.

4.1 It is your responsibility to ensure that:

• your Nominated Account can accept direct debits as direct debiting is not available from all accounts offered by banks;
• sufficient funds are available in the Nominated Account to meet a direct debit on the payment due date to avoid dishonour fees;
• the authorisation given to draw on the Nominated Account is identical to the Nominated Account signing instruction held by the bank where the Nominated Account is held;
• you advise RACV, or the RACV Club if the direct debit concerns your RACV Club account, if the Nominated Account is transferred, closed or expired. We ask that you advise us at least ten (10) days before the next payment due date; and
• arrange a suitable alternative payment method if the direct debit arrangement ends for any reason.

5.1 We may vary this Agreement at any time and will publish any such changes on the RACV website (racv.com.au). Where a change may have a significant detrimental impact on you, we will also give you 14 days' written notice of the change. This Agreement does not include your payment schedule.

6.1 If you believe that there has been an error in debiting your Nominated Account, you should call us directly on 13 RACV (13 7228) or 1300 501 501 if you believe there has been an error with your RACV Club account, as soon as possible so that we can resolve your query quickly. We might ask for written confirmation of the transaction.

6.2 If our investigations show that your Nominated Account has been incorrectly debited we will arrange for your bank to adjust your Nominated Account (including interest and charges) accordingly. We will also notify you of the amount by which your Nominated Account has been adjusted.

6.3 If our investigations show that your Nominated Account has not been incorrectly debited we will respond to your query by providing you with reasons and copies of evidence for this finding.

6.4 Any queries you may have about an error made in debiting your Nominated Account should be directed to us in the first instance so that we can attempt to resolve the matter. If we cannot resolve the matter you can still refer it to your bank which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.

To administer this Agreement, we need to collect and use your personal information. If you don’t provide us with the information we need, or if you provide us with incorrect or incomplete information, then we may not be able to process your payments and we may need to exercise our rights to suspend or cancel your product or service. We may need to disclose this information to (and in limited circumstances, collect it from) third parties, such as our business partners (including our finance provider) our contractors (such as debt collection agencies and lawyers) and our mailing service providers. In limited circumstances, our third party service providers may store or access your information overseas. We take steps to protect the information you provide to us from unauthorised access, use, or disclosure, including by ensuring it is shared only with those of our staff members and third parties as may be necessary. Our Privacy Charter includes details about how you can contact us. It also explains how you can get access to and update your personal information, and how to lodge a complaint if you’re not happy with how we’ve handled your personal information.

This Agreement will be governed by and construed in accordance with the laws of the state of Victoria, Australia.

This Agreement was last updated on December 4, 2023.

“RACV” means Royal Automobile Club of Victoria (RACV) Limited ABN 44 004 060 833; “Goods” means the articles, goods, material or their parts to be supplied by the Supplier under these Terms;

“Performance Default” means that the Goods or Services do not meet or conform to the standards and requirements of RACV.

“Services” means the services to be performed under these Terms;

“Supplier” means the person, firm or corporation from whom, Goods or Services are ordered by these Terms; and

Under these Terms, unless the context otherwise requires: words importing the singular include the plural and vice versa.

Unless otherwise agreed in writing, the agreement between the parties (Agreement) consists of these Standard Purchase Terms, any purchase order or invoice issued under these Terms, and any agreement in writing between the parties (which has priority over these Standard Terms to the extent of any inconsistency), but excluding any terms and conditions expressed in any document of the Supplier, unless RACV has expressly accepted those terms and conditions in writing.

The Supplier is deemed to have accepted the Agreement upon acknowledgement of a purchase order or issuance of an invoice or upon any supply of Goods or Services pursuant to a purchase order or invoice, whichever occurs first.

The Supplier must supply Goods or Services as, where and when specified by RACV. The Supplier must inform RACV of any delays or other matters which may affect the delivery of Goods or Services. The Supplier must accept returns and defective Goods at their own costs. All Goods must be packed in a way to ensure their safe delivery undamaged to the RACV. Time is of essence in the delivery of Goods and Services. In the case of food delivery, delivery must be made in appropriately licensed, registered and hygienic food transportation vehicles.

Title to and all risk associated with any Goods will pass to RACV on delivery of the Goods in accordance with the Agreement. All risk whatsoever including risk of loss or damage to the Goods and/or items to be serviced including material supplied to RACV or any third parties or their property will be upon the Supplier until the Goods and/or items are delivered in accordance with this Agreement. RACV will own all developed IP as a result of the delivery of Goods and Services.

RACV may cancel an order of Goods or request for Services by written notice to the Supplier at any time prior to the supply, or after the supply if the Supplier breaches the Agreement. Where Goods are returnable, the Supplier will bear the cost of return transportation and RACV may, without prejudice to any other rights under this Agreement or otherwise:

i. Obtain credit for the returnable Goods; or

ii. Obtain replacement Goods from the Supplier; or

iii. Source the Goods elsewhere and recover any additional cost or expense so incurred from the Supplier; or

iv. Terminate the order or Agreement in part on in whole and seek damages.

The Supplier acknowledges that it may obtain knowledge of or access to proprietary and confidential information of RACV and the Supplier agrees to keep such information strictly confidential and not to use that information for any purpose other than fulfilling its obligations under this Agreement.

The Supplier warrants that:

i. the Goods or Services are of merchantable quality and free from any defect of material or workmanship;

ii. the Goods will comply with all specifications provided by RACV;

iii. any Services are provided professionally with due care, attention and skill;

iv. the Goods or Services are fit for purpose for which goods or services of the same kinds are commonly supplied and for any other purpose made known to the Supplier;

v. where sold by sample, the Goods in bulk correspond with the sample in quality;

vi. where sold by description, the Goods correspond with the description;

vii. the Goods carry any applicable manufacturer’s warranty, which passes to RACV, and the Supplier will either assign to RACV, or hold on trust for RACV the benefits of any applicable warranty or guarantee that the Supplier has received from any supplier of the Supplier;

viii. the Goods are free from lien, charge, or any other encumbrance or security interest;

ix. the Goods or Services do not infringe any patent, trademark, trade name, copyright or intellectual property or other right of any third party; and

x. it has obtained or will maintain all necessary licences, permits and consents that may be required with the supply of Goods and Services.

These warranties apply in addition to any warranties implied by law and are not a waiver of any such implied warranties. These warranties survive, delivery, inspection, acceptance and payment by RACV.

The Supplier agrees to indemnify RACV and its respective officers, servants, employees and agents in respect of all claims, losses, liabilities and expenses in connection with the use of the Goods and Services by RACV or any of its customers which arise as a result of any acts or omissions of the Supplier in connection with its obligations under the Agreement. The Supplier’s liability to indemnify RACV is reduced proportionally to the extent that RACV has contributed to the claims, losses or expenses. For the avoidance of doubt, the Supplier does not indemnify RACV and its respective officers, servants, employees and agents against all losses, liabilities, claims and expenses that arise due to the actions or omissions of a third party.

The Supplier performs all work independently of RACV and not as an agent or employee of RACV.

The Supplier must obtain RACV’s prior written consent before it subcontracts any of its obligations under this Agreement or assigns, charges or encumbers this Agreement or any rights under this Agreement. RACV’s consent will not be unreasonably withheld. The Supplier will remain principally liable for the performance of the Agreement and the acts and omissions of any subcontractor.

The Supplier must effect and maintain at its own expense appropriate insurance policies through a reputable insurer considering the Goods and Services supplied but not limited to public liability insurance, product liability insurance, professional indemnity insurance and workers compensation insurance. The Supplier must, upon RACV’s request, provide RACV with certificates of currency with respect to these insurance policies.

The price of Goods or Services will be agreed between RACV and the Supplier and fixed prior to placement of a purchase order or issuance of an invoice. The price is inclusive of all costs incurred by the Supplier.

Invoices must contain all information necessary to be a valid tax invoice for the purposes of the GST Act including the following: the Supplier’s name, the RACV purchase order number (where applicable); RACV requestor; details of the amounts claimed in the invoice for the Goods or Services; and any documentation necessary for RACV to validate the amount.

Payment for the Goods or Services supplied by the Supplier will be tendered by RACV within 30 days of receiving an invoice for those Goods and Services.

RACV may offset or deduct from any amount owing to the Supplier such amounts as may be due or payable by the Supplier to RACV pursuant to this Agreement.

The Supplier will not, without first obtaining the written consent of RACV, in any manner advertise or publish the fact that the Supplier has contracted with RACV for the supply of Goods or Services.

The Supplier will perform its obligations under this Agreement lawfully and in compliance with all Laws relevant to the provision of the Goods or Services, including but not limited to occupational health and safety requirements, the Fair Work Act 2009, (Cth), the Privacy Act 1988 (Cth) and the Modern Slavery Act 2018 (Cth). The Supplier will cooperate with any reasonable requests or inquiries made by RACV in relation to its compliance with the obligations outlined in this clause 15.

The Supplier enters RACV’s premises at its own risk and shall be liable for and indemnify RACV against any loss, damage claim or liability arising directly or indirectly out of the Supplier’s performance of work or presence on RACV’s premises;

The Supplier, its employees, agents and contractors shall comply with the safety regulations of RACV and OHS Legislation and with the reasonable directions of RACV. The Supplier shall ensure the provision and maintenance of safe works systems for the duration of the services under this Agreement.

Without prejudice to any other rights, RACV may have against the Supplier, RACV may terminate this Agreement in whole or in part in writing with the immediate effect in the event of any of the following:

i. Supplier enters into liquidation, is presented with a winding up application, has appointed a receiver and/or manager or is unable to pay its debts;

ii. Supplier’s conduct is prejudicial to the interests and operations of RACV;

iii. Supplier breaches any material term or condition of this Agreement;

iv. Supplier assigns or subcontracts this agreement in whole or in part without the prior written consent of RACV; or

v. Supplier fails to respond to a notice of show cause upon the occurrence of a Performance Default

vi. Supplier ceases or threatens to cease to carry on its business.

Supplier may terminate this agreement if RACV has not made payment for the Goods or Services within 30 days the due date for an invoice for those Goods and Services (as set out in clause 13).

The Supplier acknowledges that:

i. to the best of its knowledge that, at the date of this Agreement, no conflict of interest exists or is likely to arise in its performance of the Agreement which RACV has not already consented to in writing;

ii. if there is a dispute between the Supplier and RACV that cannot be resolved by negotiation then the matter must be referred for mediation;

iii. The Agreement may only be varied with RACV’s written agreement;

iv. RACV’s delay or failure to exercise a right under this Agreement is not a waiver of that right of any other rights;

v. this Agreement does not confer on the Supplier any right to be a sole or exclusive Supplier for the Goods or Services;

This Agreement shall be governed by and construed by the laws of Victoria.