U-CARD™ GUIDELINES FOR USE
These Conditions of Use govern the use and operation of the UCard™ issued to you by SUV.
Effect of conditions of use
If you have not previously signed an agreement with SUV to comply with these Conditions of Use, the first use of your U Card™ will be taken as your agreement with SUV to do so.
These Conditions of Use contain the entire agreement in relation to your U Card™ and its use.
These Conditions of Use apply during the Year in which you are a Resident and terminate at the end of that Year. The U Card can no longer be used after the end of that Year.
Important terms
The U Card™ has many important functions at Sydney University Village, such as allowing access to your apartment.
It can also be used to purchase food and other items from Village Retail Outlets.
As part of your Residential Agreement, you are required to pay a minimum amount towards food purchases for each week of the Year. Any of these "Compulsory U Card Credits" will expire if they are not used by 31 December in the year for which they must be paid. See section 6 for more information about this.
SUV may change these Conditions of Use as set out in section 11. A copy of the latest version of these Conditions is available from the Website - www.sydneyuv.com.au
Definitions
In these Conditions of Use:
Compulsory U Card™ Credits means the amount of $20 for each week of the Year, which as a Resident you are required to pay to SUV and which is credited by SUV to your U Card™ Account.
Merchant means a person who operates or conducts any transaction at any of the Village Retail Outlets.
Optional U Card™ Credits means amounts which you pay to the credit of your U Card™ account in excess of Compulsory U Card™ Credits.
PIN means a personal identification number allocated to you by SUV.
Resident means a person who resides in the Village pursuant to a current residential agreement with SUV.
SUV means Carillon Avenue Pty Limited, ACN 096 872 687, which is the owner of the Village and for the purpose of these Conditions of Use may act through its agent, Campus Living MAM Pty Limited, which is the operator of the Village, and any employee or authorised representative of any of those companies. However, a different company may be substituted for Carillon Avenue Pty Limited by notice to the email address that you have notified to SUV.
Transaction Amount means the amount, including GST, which you pay in making a U Card™ Redemption.
U Card™ Account means the account maintained in your name by SUV to which U Card™ credits which you pay are credited and U Card™ Redemptions which you make are charged to you.
U Card™ Credit means the dollar value of the amount from time to time standing to the credit of your U Card™ Account.
U Card™ means the smart card issued to you as a Resident and which will provide for your signature and incorporate your photograph.
U Card™ Redemption means the dollar amount of any amount which is debited by you to your U Card™ account as a consequence of the use of your U Card™ to pay for a transaction at a Village Retail Outlet.
Village means Sydney University Village, which is situated within the University of Sydney at the corner of Carillon Avenue and Missenden Road, Newtown.
Village Retail Outlets means the retail outlets at the Village in which you may use your U Card™, namely, the Well, the Hoochie Mammas Cafe and the Convenience Store.
Website means the Village website - www.sydneyuv.com.au or such other website as SUV may nominate.
Year means a year commencing on 1 January and expiring on 31 December.
Validity and ownership of the U Card™
Your U Card™ is only valid if:
* it has been signed by you,
* a readily identifiable photograph of you appears on the U Card™, and
* a PIN has been allocated to you by SUV.
The U Card™ remains the property of SUV and you must return the Card to SUV if we request you at any time to do so.
All transactions on your U Card™ Account and using your U Card™ are in Australian currency.
No charge is made by SUV for the maintenance of your U Card™ Account and no interest is paid by SUV on any U Card™ Credit.
A Merchant is not entitled to make any charge to you in connection with the use of your U Card™.
SUV may issue a new U Card™ to you at any time provided you remain a Resident of the Village.
A fee determined by SUV will be payable for the issue of a replacement U Card™.
Any new U Card™s are subject to these Conditions of Use.
You may request a new PIN at any time at the Village Office. There is no charge for changing your PIN.
Using the U Card™
5.1 What is the Purpose of the U Card™
The U Card™ has a number of purposes.
* As a means of identification -U Card™s will be exclusive to Residents and an essential form of identification within the Village and for security purposes.
* As a key to your apartment - Your U Card™ will be programmed to allow you to access your apartment, utilising an electronic locking system. (The U Card™s of all residents of a 2, 4 and 5 bedroom apartment will be programmed to access the apartment.)
* As an access card - Your U Card™ will also be programmed to give you after hours access to specific areas of the Village such as the Resource Centre and the Cafe in the main building. For added security, you will also need your U Card™ to access the Village residential buildings after hours.
* As a shopping card - Payable with the Residential Fee for accommodation at SUV is a weekly Compulsory U Card™ Credit of $20 which can be spent on food and beverages (other than alcoholic beverages) in the Village Retail Outlets. You can use these U Card™ Credits to purchase eat in and takeaway food and beverages for both yourself and your guests. Optional U Card™ Credits can also be spent in the Village Retail Outlets.
* As a discount card - By using your U Card™ in the Village Retail Outlets, you will be entitled to the SUV Residents' discount from the already very competitive prices.
* As a debit card - You can access Optional U Card™ Credits which you have paid to your U Card™ Account to charge printing and copying in the Village Resource Centre.
The U Card™ is not a stored value card. Subject to paragraphs 7.2 and 7.3, if your U Card™ is lost or stolen, the amount of the U Card™ Credits in your U Card™ Account at the time will be preserved.
The U Card™ is not a cash card or a credit card and it cannot be used for the purchase of goods or services or for any other purpose outside the Village. U Card™ Credits can only be redeemed in exchange for the purchase of goods or services in Village Retail Outlets and the Village Resource Centre.
U Card™ Credits cannot be converted to cash and cash cannot be withdrawn from a U Card™ Account.
5.2 Where Can You Use Your U Card™?
(a) You can use your U Card™ for the purchase of goods and services at any of the Village Retail Outlets.
(b) The U Card™ cannot be used to purchase alcoholic beverages in the Village Retail Outlets.
* You can use Optional U Card™ Credits which you have paid to your U Card™ Account to pay for printing, copying and other services in the Village Resource Centre.
* The U Card cannot be used to make purchases with a value greater than $1,000 on any one day.
5.3 Do transactions Have To Be Authorised?
All U Card™ Redemptions must be authorised by both you and SUV before they can proceed.
Before any transaction is completed, the sales representative at the point of sale will request you to sign a voucher for the transaction (similar to a credit card voucher).
You should ensure that the transaction Amount is correct before you sign a voucher, as your signature on the voucher will confirm your agreement that the transaction Amount is correct and will constitute authorisation for SUV to process the transaction recorded on the voucher as a U Card™ Redemption.
If the sales representative is not satisfied that the signature on a voucher matches your signature on the U Card™ or that the person using the U Card™ is the person whose photograph appears on the U Card™ tendered, the Merchant may decline to accept the U Card™ tendered for the transaction.
Use of a U Card™ which is damaged, defaced or identified at the point of sale as otherwise defective may be declined.
If the sales representative is satisfied about the identity of the person who tenders your U Card™, the representative will seek an authorisation from SUV for the U Card™ Redemption. This will normally occur electronically.
SUV will not authorise a U Card™ Redemption if the amount of your U Card™ Credits at the time is less than the transaction Amount or may do so to the extent only of your U Card™ Credits then available.
Once an authorisation is obtained, it will reduce the amount of the U Card™ Credits available in your U Card™ Account by the amount of the U Card™ Redemption authorised.
Neither SUV nor any Merchant is:
* required to provide any information to you regarding an attempted U Card™ Redemption which is rejected, or
* responsible to you for declining to allow a U Card™ Redemption.
Your U Card™ account
6.1 Compulsory U Card™ Credits
Compulsory U Card™ Credits (the amount of $20 for each week of the Year, which as a Resident you are required by your residential agreement to pay to SUV fortnightly), will be credited to your U Card™ Account immediately your remission of the funds to SUV has been cleared by SUV's bankers.
Where you remit your Residential Fee and Compulsory U Card™ Credit by bank debit, the credit to your U Card™ Account will normally occur on the business day following the remission. If you pay by cheque, it may take four business days for the cheque to clear and your U Card™ Account to be credited.
Compulsory U Card™ Credits, including any payments which you might make in advance, can be redeemed as soon as they are credited to your U Card™ Account.
6.2 Optional U Card™ Credits
You can pay Optional U Card™ Credits (amounts in addition to your Compulsory U Card™ Credits) to your U Card™ Account at reception in the Cafe, the SUV office or on line via the Website.
Payments may be made in person by EFTPOS or credit card only or on line by credit card. Cash payments or cheques are not accepted.
Optional U Card™ Credits can be redeemed as soon as they are credited to your U Card™ Account.
6.3 U Card™ Redemptions
When you tender your U Card™ to pay for a transaction at the Village Retail Outlets or the Village Resource Centre, and the transaction is authorised by you and SUV as outlined above, the amount of the U Card™ Redemption is charged to your U Card™ Account and your U Card™ Credits are reduced by that amount.
U Card™ Redemptions for transactions at Village Retail Outlets are charged firstly to your Compulsory U Card™ Credits and when they have been redeemed in full, to any Optional U Card™ Credit balance in your U Card™ Account.
U Card™ Redemptions for transactions at the Village Resource Centre are charged to Optional U Card™ Credits only. Compulsory U Card™ Credits may not be redeemed for purchases in the Village Resource Centre.
U Card™ Redemptions will be processed to your U Card™ Account on the day of the transaction.
A U Card™ Redemption will not be authorised if your U Card™ Account is not in credit.
6.4 Checking Your U Card™ Account Balance
No statement of account or transaction record will be issued to you by SUV for your U Card™.
You can check your U Card™ Account balance and print a copy of your U Card™ Account and recent transactions by accessing the Website, following the prompts to the U Card™ section and entering your Student identification and your PIN.
6.5 Refund of Unused U Card™ Credits
Any Compulsory U Card™ Credits which have not been redeemed at the end of the Year are not refundable and will be forfeited.
Any Optional U Card™ Credits which have not been redeemed at the end of the Year will be refunded to you within 14 days of Year end.
Any refund will be paid to you by SUV in Australian currency by cheque mailed to your home address or to such other address as you have at that time notified to SUV in writing.
If you request SUV to pay the refund or rebate in a currency other than Australian currency, SUV is entitled to deduct from the refund a processing fee of $5 together with any applicable bank charges.
Your responsibilities and liabilities
UCard™ Care
7.1 Care of Your U Card™
You must take special care to protect your U Card™. Anyone who has your U Card™ may try to make purchases using your U Card™ Account.
To protect your U Card™ and minimise the risk of unauthorised transactions occurring on your U Card™ Account you should:
* sign it as soon as you receive it;
* carry it with you at all times (remember that for security purposes, your U Card™ is also a form of identification as a Resident);
* regularly check that you still have your U Card™; and
* do not give your U Card™ to anybody else including your friends and family.
To protect your PIN you should:
* memorise it;
* not write it on your U Card™, even if the PIN is disguised;
* if you keep a record of it, do not keep that record with or near your U Card™; and
* not tell anyone your PIN, including family, friends and SUV staff.
7.2 When you are not Liable for the Unauthorised Use, Loss or Theft of your U Card™
You will not be responsible for unauthorised transactions or U Card™ Redemptions where it is clear that you have not contributed to the loss.
You will not be responsible for unauthorised transactions or U Card™ Redemptions that:
* are caused by the fraudulent or negligent conduct of the staff of SUV or a Merchant;
* happen after 9 am on the day following the day on which you notify us by email to info@sydneyuv.com.au that your U Card™ has been misused, lost or stolen;
* are made with a U Card™ that is forged, faulty, expired or cancelled; or
* are caused by the same transaction being incorrectly debited more than once to your U Card™ Account.
* This condition does not apply to limit your liability for unauthorised transactions or U Card™ Redemptions which are made with a U Card™ by or with your consent.
7.3 When You Will be Liable for Unauthorised Use, Loss or Theft of Your U Card™
You will be responsible for unauthorised transactions or U Card™ Redemptions which in the determination of SUV are caused if you:
* delay notification to SUV of misuse, loss or theft of your U Card™; or
* allow another person to use your U Card™ or otherwise authorise a transaction with your U Card™.
How to report a stolen card
You must immediately notify SUV by email to info@sydneyuv.com.au if your U Card™ is lost or stolen or you suspect that unauthorised transactions have occurred on your U Card™ Account.
Reports by telephone or personally must be confirmed by email to info@sydneyuv.com.au and will not be deemed to have been received by SUV until that confirmation has been received by SUV.
Until we receive notice by email of your lost or stolen U Card™ or of any unauthorised transactions, you may in SUV's discretion be liable for unauthorised transactions made to your U Card™ Account.
SUV's responsibilities
9.1 Faulty Equipment
SUV will be responsible to you for any loss which occurs because a point of sale register within the Village incorrectly records a transaction.
SUV nor a Merchant will be responsible to you if there is a breakdown in the point of sale register or for any other delay in or inability to process a request for a U Card™ Redemption.
SUV and the Merchant will take reasonable steps to minimise any inconvenience to you and to enable your transaction to proceed.
If there is a breakdown in a register and an amount is charged to your U Card™ Account which exceeds the amount of your U Card™ Credits, you must pay the excess to SUV and authorise SUV to deduct the amount from your U Card™ Credit.
9.2 No Responsibility for Goods Sold
(a) When you use your U Card™ to purchase goods or services from a Village Retail Outlet:
* you should be aware that the Merchants who operate those Outlets are independent of SUV and SUV has no financial interest in their businesses;
* you should disregard any representation, warranty or statement which may be made in connection with your U Card™ by any Merchant, its employees, agents or contractors which is inconsistent with these Conditions of Use; and
* if you have a complaint or concern about the goods or services supplied to you from a Village Retail Outlet, you must resolve this directly with the Merchant from whom you have purchased those goods or services.
(b) SUV accepts no responsibility for goods sold or services supplied to you by a Village Retail Outlet using your U Card™.
* To the fullest extent permitted by law, you release SUV from all claims, loss or damage of any nature whatsoever which you may at any time have, suffer or sustain in relation to the nature, quality or circumstances of the purchase of goods or services from the Village Retail Outlets.
10. Errors, disputes and resolutions
10.1 Notification
You should check your U Card™ Account carefully on a regular basis. You should notify SUV promptly if you believe that an error has occurred in your U Card™ Account or if an unauthorised U Card™ Redemption or other transaction has occurred.
10.2 Method of Notification
If you wish to dispute a U Card™ Redemption debited to your U Card™ Account or claim that any other error has occurred, you must notify SUV by email to info@sydneyuv.com.au within 14 days after the transaction which you dispute and provide details of your claim.
If you report such a matter to SUV verbally, you must promptly confirm your report by email. Your notification will not be deemed to have been received until your email is received.
If you do not dispute a U Card™ Redemption within 14 days after the transaction is recorded, you are deemed to have waived your entitlement to dispute the transaction and cease to be entitled to do so.
10.3 Information
It is essential that you give SUV all the information you have to help us resolve your concern. If SUV is unable to resolve your concern immediately, we will email you to inform you of the procedures for the investigation and resolution of your concern.
10.4 Procedure For Resolution
Within 21 days of receiving the details of your concern, SUV will email you to advise of our decision or how much longer our investigation will take.
When SUV completes its investigation, we will tell you of our decision by email, the reasons for our decision and, where applicable, the section of these Conditions of Use on which our decision is based.
If SUV finds that your U Card™ Account was wrongly debited or credited, SUV will correct this error.
If you are not satisfied with SUV's decision, you can request a formal adjudication in accordance with this clause.
SUV will have available a number of independent persons of standing in the community who have past experience as a member of the Consumer trader and Tenancy tribunal, a state or federal Administrative Appeals tribunal or similar body (the"Panel") on whom to call to adjudicate any dispute between you and SUV arising out of or in connection with the U Card™ ("Dispute") in accordance with the following procedures.
You may require a Dispute to be referred to an Adjudicator from the Panel for determination by giving written notice ("Notice of Dispute") to the CEO of SUV.
A Notice of Dispute must include a statement of the nature of the dispute which you seek to have adjudicated.
Upon receipt of a Notice of Dispute, the CEO of SUV shall promptly inform you of the names of the Adjudicators on the Panel and provide a summary of their qualifications and you must, within a period of six hours, give notice of the Adjudicator whom you wish to determine the Dispute.
If you do not nominate the Adjudicator within the required time period, the Arbitrator will be nominated by the CEO of SUV.
Upon appointment of the Adjudicator, the CEO of SUV shall give notice to you of the time at which the Dispute is to be determined by the Adjudicator.
Dependent on the nature of the Dispute, it will often be necessary to convene an adjudication on short notice, but not less than 24 hours notice of the time and place of an adjudication may be given.
Unless you otherwise agree, the meeting between the Adjudicator, you and the CEO of SUV for the purposes of the adjudication will take place at the Village between the hours of 8 am and 7 pm.
The CEO of SUV and you will be entitled to attend the adjudication and other members of SUV's staff and persons associated with you who have information relevant to the Dispute may with the consent of the Adjudicator also attend.
The CEO of SUV will be not entitled to be represented by a lawyer or other representative at the adjudication. You will not be entitled to be represented by a lawyer at the adjudication. However, you may be represented by a representative of the University of Sydney, including its student housing officer.
The Adjudicator will conduct the adjudication in a fair manner and in such other manner as the Adjudicator determines, having regard to the nature and circumstances of the Dispute.
You and the CEO of SUV are each entitled to address and make submissions to the Adjudicator and to provide them with such information as they reasonably consider and they accept is relevant to the adjudication of the Dispute.
The Adjudicator may seek information and hear from any person whom they consider has information relevant to the adjudication of the Dispute.
It will normally be in the interests of both you and SUV for the Adjudicator to make his determination at the conclusion of the adjudication and, insofar as it is practicable, the Adjudicator will deliver his determination at that time.
The Adjudicator must provide to both the Resident and the Village Director written confirmation of their determination promptly after it is made.
The Adjudicator's determination will be final and binding on both SUV and you and will not be subject to review by any person or court.
The Adjudicator shall act as an expert and not as an arbitrator, and the Commercial Arbitration Act 1984 (NSW) shall not apply to these procedures.
Any other member of the SUV staff may represent the CEO of SUV for the purposes of these procedures.
Any notice to be given for the purposes of these procedures must be given in writing:
* by SUV to you, by leaving the notice at the apartment occupied by the Resident;
* by you to SUV, by leaving the notice at the Village reception or by emailing it to info@sydneyuv.com.au.
11. Variations to conditions of use
SUV reserves the right to vary these Conditions of Use at any time by giving 30 days' notice to the email address that you have notified to SUV.
Any variation of the Conditions of Use will be effective on the date specified by SUV in the notice of the variation.
12. Government charges
Your U Card™ Account will be charged with any government duties, taxes, rates or charges now or in the future charged upon or payable by you or SUV in relation to the use of your U Card™ or any transaction debited or credited to your U Card™ Account, whether or not you are primarily liable for such duties, taxes, rates or charges.
U Card™ Redemptions charged to your U Card™ Account may include GST on the cost of goods or services to which the U Card™ Redemption relates.
GST may be identified on the voucher which you sign at the point of sale but will not be separately identified on your U Card™ Account.
13. General
These Conditions of Use are governed by the laws of New South Wales
Your U Card™ is not transferable and your rights under this agreement may not be assigned to any other person
SUV may transfer its rights under this agreement to any other person by giving notice to the email address that you have notified to SUV.
The SUV Privacy Policy (published on the Website) applies to the administration and use of the U Card™.