Definitions
account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
agreement means this Direct Debit Request Service Agreement between you and us.
banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
debit day means the day that payment by you to us is due.
debit payment means a particular transaction where a debit is made.
direct debit request means the Direct Debit Request between us and you.
us or we means VACC, (the Debit User) you have authorised by requesting a Direct Debit Request.
you means the customer who has signed or authorised by other means the Direct Debit Request.
your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.
1. Debiting your account
1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
or
We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
2. Amendments by us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
3. Your obligations
3.1 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 Direct Debit Request.
3.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) 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.
3.3 You should check your account statement to verify that the amounts debited from your account are correct
4 Dispute
4.1 If you believe that there has been an error in debiting your account, you should notify us directly on (03) 9829 1158 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution.
4.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
4.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
5. Accounts
You should check:
(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
(b) your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
6. Confidentiality
6.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make 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.
6.2 We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
7. Notice
7.1 If you wish to notify us in writing about anything relating to this agreement, you should write to VACC Level 7, 464 St Kilda Road, Melbourne Vic 3004
7.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.
7.3 Any notice will be deemed to have been received on the third party banking day after posting.
8. Conditions of Sale
8.1 The terms of this sales contract are non-refundable. The full amount of the contract is payable and early termination of the agreement by the customer would render the remaining balance payable in full.
8.2 All subscriptions will automatically rollover once your 12 month contract expires, unless you notify us in writing at least 1 month before such expiry date that you do not wish to continue. Thereafter, you may terminate at any time on [1] months’ notice.
Introduction
OurAuto is the commercial department of the Victorian Chamber of Commerce (VACC) and is covered by the Australian Privacy Principles (APPs), as set out in thePrivacy Act 1988 (as amended). The APPs govern the way that we collect, use, disclose, secure and provide access to personal information.
To comply with our obligations under the APPs, VACC has a Privacy Policy, which sets out how we manage privacy in our organisation. Further information may be obtained by contacting the VACC Privacy Officer at:
Victorian Automobile Chamber of Commerce
Level 7, 464 St Kilda Road
MELBOURNE 3004
or email privacy@vacc.com.au
or telephone (03) 9829 1111.
VACC will review this policy from time to time, in order to update and continually improve our processes. If this policy is amended at any time, the updated version will be posted on our website at www.vacc.com.au.
Purpose of the policy
VACC, as the representative body and employer association of the retail automotive industry, takes its obligations under the Privacy Act 1988 (as amended) seriously. We have privacy obligations to our members and to the general public who use the services provided by VACC.
Collection of Personal Information
VACC does not collect personal information unless it is necessary to for us to carry out our role as the representative body and employer association of the retail automotive industry. We only collect personal information by means that are lawful, fair and unobtrusive. When practicable, personal information will only be collected from the individual concerned.
The type of information that VACC collects about you will depend on the nature of the service provided. When you contact VACC, you may provide us with any of the following types of personal information:
Use or disclosure of Personal Information
VACC will only use or disclose your personal information for the primary purpose of collection, or a related purpose, or where we are required or permitted to do so by law or where you have provided consent.
In addition, VACC uses your information when advising you about our products and services, or upcoming events at VACC. VACC will not provide your personal information to any other organisation for marketing purposes without your consent.
We may disclose your information to:
· Outsourced service providers including but not limited to printing houses and mail-out services, billing and debt recovery services, financial institutions and information technology services
· Professional advisors such as lawyers, accountants and auditors
· Government authorities as required or authorised by law, and
· Related Motor Trades Associations in other Australian States.
VACC does not disclose personal information to any overseas organisations.
Data quality, storage and security
VACC will endeavour to ensure that the personal information we hold about you is complete, accurate and up to date. In order to assist us to achieve this, it is important that you advise VACC when your details change. VACC members can also assist by ensuring that all their details are correct on membership renewal forms.
VACC may store your information in hard copy or electronic format, in storage facilities that we own and operate ourselves, or that are owned and operated by our service providers. VACC will take all reasonable steps to protect personal information from loss, misuse, or unauthorised access.
Some of the steps VACC has taken to protect the security of your personal information include:
· Computer and network security including passwords and other electronic barriers
· Physical restrictions on access to personal information such as security doors
· Policies for destroying or permanently de-identifying personal information no longer required (subject to legal requirements for retaining certain records), and
· Secure internal information handling processes.
Access to your personal information
You have a right to access and correct personal information that we hold about you.
Access may involve permitting you to inspect or take notes or make photocopies of your personal information. To obtain access you will have to provide proof of your identity. This is necessary so that VACC can ensure that your personal information is not disclosed to any other person.
In some circumstances, VACC may not be able to provide access to your personal information. If this occurs, we will provide you with a written explanation.
Requests for access to your personal information should be made in writing to the VACC Privacy Officer. There is generally no fee for access to personal information. However, in some cases a reasonable fee may be charged in order to recover costs if information has to be retrieved from archives or a large quantity of information has been requested.
VACC will respond to all requests for access within 14 days.
Complaint process
If you have any concerns about the way your personal information has been managed by VACC or if you believe that VACC has breached the APPs, you may make a complaint in writing to the Privacy Officer at:
Victorian Automobile Chamber of Commerce
Level 7, 464 St Kilda Road
MELBOURNE 3004
or email privacy@vacc.com.au.
All complaints will be investigated within 14 days of receiving your complaint. If VACC has not handled your personal information in a way that is consistent with the APPs then we will take steps to remedy this immediately.