1. You are being provided with these terms and conditions because you have indicated that you are a tour operator applying for attendance passes to one or more Commemorations on behalf of one or more customers.
2. In consideration of the opportunity to submit application(s) on behalf of your customers, you agree to be bound by, and comply with, the terms and conditions set out in this document.
3. In these terms and conditions, the terms ‘you’ and ‘your’ includes any person, body corporate or other legal person carrying on a business which is making an application for an attendance pass on behalf of one or more of its customers. Unless the contrary intention appears, terms used in this document have the same meaning as those terms have when used in the Attendance Pass Terms and Conditions, and the interpretation rules prescribed in clause 4 of the Attendance Pass Terms and Conditions apply to the interpretation of these terms and conditions.
4. The Australian Government may request from you, evidence that you have:
ii. been authorised by the customer or their legal guardian in writing to apply for an attendance pass on their behalf (in the form of an email, letter or in a written form you specify), and
5. You acknowledge and agree that the Australian Government may require you to provide it with evidence of the matters set out in clause 4 above, and that any delay or failure on your part to provide that evidence may result in any applications made by you on behalf of your customers being delayed or rejected.
6. You warrant and represent that the information you provide when making an application on behalf of a customer is true and correct to the best of your knowledge and belief. Any attendance pass issued on the basis of inaccurate or incomplete information may be cancelled by the Australian Government pursuant to the Attendance Pass Terms and Conditions.
7. The Australian Government will issue attendance passes to your customers in accordance with the Attendance Pass Allocation Rules set out in Schedule A to the Attendance Pass Terms and Conditions. Any attendance pass issued as a result of an application made by you on behalf of a customer belongs to that customer and not to you. You agree that you have no claim, right or entitlement to the attendance pass, including in circumstances where the customer has cancelled their tour booking with you.
8. Any employee, contractor or agent of yours who wishes to, or is required to, attend a Commemoration must apply for and be issued with an attendance pass.
9. You agree that the Australian Government will not be liable to you for any loss, damage, cost or expense (including any personal injury, damage to property or loss of profits) suffered, incurred or that may be incurred by reason of, or in respect of, any person's attendance, or proposed attendance, at a Commemoration. Under no circumstances will the Australian Government be liable for foreseeable or unforeseeable, or direct or indirect, loss or damage in any form. This includes any loss, damage cost or expense incurred or that may be incurred by you as a result of the cancellation, change or postponement of a Commemoration, or the cancellation one or more attendance passes.
10. The Australian Government does not accept any responsibility whatsoever for any technical failure or malfunction or any other problem which may result in any email or application not being properly recorded or received.
11. These terms and conditions, and any dispute arising out of or in connection with them, are governed by the laws of the Australian Capital Territory and the courts of that Territory shall have non-exclusive jurisdiction to decide any matter arising out of these terms and conditions.
13. You acknowledge that recipients of information about you who are outside Australia may not be subject to privacy laws similar to the Australian Privacy Principles and that, as a consequence of you providing this consent, DVA will not be obliged to take any steps to ensure that the foreign recipient complies with the Australian Privacy Principles and will not be liable for any acts or practices of foreign recipients which are inconsistent with the Australian Privacy Principles.
DVA intends to request that the foreign recipient handles information about you in accordance with the Australian Privacy Principles.
Department of Veterans’ Affairs in Australia
Phone: 1300 364 002
Email: overseascommemorations [at] dva.gov.au