The completed membership application form (Form) and these terms (including any incorporated terms) form a legally binding contract (Agreement) between the person named on the Form (you) and Gold Coast United Football Club Pty Ltd (ABN 89 058 342 019) (Club). By ordering a membership of the Club you agree to the terms of this Agreement.
Definitions
1. In this Agreement:
FFA means Football Federation Australia Limited ABN 28 106 478 068, which is the national governing body of Football in Australia.
Disruptive Behaviour means any threatened, attempted or actual act or omission by a person that constitutes a breach of the Club Terms of Admission, Venue Conditions of Entry or Spectator Code of Behaviour; or behaviour that jeopardises, or has the potential to jeopardise, the safety or security of the event.
Hyundai A-League means the national club competition to be staged by FFA to be known as the Hyundai A-League (or a name as otherwise notified by FFA).
Mailing Address means the mailing address as nominated by you on your Form or as varied by written notification to the Club.
Match means a match in the Hyundai A-League in which the Club’s team participates in at the date, time and venue and against the opposing team as specified on www.footballaustralia.com.au from time to time, but excludes the Finals Series and any other match, competition or tournament staged or sanctioned by FFA.
Tickets mean any ticket allocations to Matches that form part of the membership benefits.
Purchase of Membership
2. If you are successful in your application for membership, the Club will send you an acceptance letter confirming your membership and membership benefits.
3. Club will not:
(a) process any Form which is incomplete; or
(b) accept any changes to the Form (except for change of Mailing Address which is your responsibility).
4. Club reserves the right to not accept any Form in its absolute discretion.
Membership Terms
5. All memberships are subject to the following terms and conditions:
(a) All memberships are valid for the period 1 July 2009 – 30 June 2010 and must be renewed on or before 30 June 2010 to remain current for 2010/11; and
(b) Seat location will be determined at the time of purchase and current members must renew before the specified renewal date specified by the Club for the next season to retain current seating, and is not subject to change at any time; and
(c) Reserved Seat Membership includes; entry to all Gold Coast United regular season home games at Skilled Park in Category 1, 2 or 3 seating (dependant on type of membership purchased), priority access to Hyundai A-League Finals Series tickets (for games in which Gold Coast United are participating), priority access to AFC Asian Champions League tickets (for games in which Gold Coast United are participating), personalised Membership card, card pocket, lanyard, bumper sticker, key ring, tattoo sheet (members under 12 years of age only), Gold Coast United ruler (members under 12 years of age only, vote in Members ‘Player of the Year’ award, Members Only offers from Gold Coast United partners, will be issued to approved members with Gold Coast United Football Club accepting no liability for damage or loss of goods in transit; and
(d) Reserved Seat Membership seating is allocated on a first in first served basis, except for renewing members who have renewed within the specified renewal date; and
(e) Country / Interstate Memberships include; entry to four Gold Coast United A-League 2009/10 home games with seating within the Category 3 seating areas, and must reside outside a 100km radius from Skilled Park, except at times where the Club grant exemptions for particular Members, groups or associations, and these tickets must be booked through the club within the time specified by the club at the time of membership purchase; and
(f) Memberships are not transferable; this includes tickets issued as part of a Gold Coast United Membership package for entry into Skilled Park; and
(g) Memberships are not refundable in the event of event termination, including termination of Hyundai A-League matches, coaching clinics or any other events for the benefit of members; and
(h) Members will receive first right of refusal on renewal of membership; and
(i) Child Memberships applies to persons 12 years or under at the time of purchase; and
(j) Concession Memberships applies to persons on a Centrelink pension with Centrelink or Veterans Affairs proof, or full time students; and
(k) Family Memberships comprise of 2 Adult and up to 3 Child Memberships (who must be 12 years or under at the time of purchase), or 1 Adult and up to four Child Memberships (the number of which must be specified at the time of purchase and is not later transferable); and
(l) Children under the age of 3 are permitted free entry to Skilled Park provided they do not occupy a seat; and
(m) The club reserves the right to charge a $4.00 service fee for each membership transaction, including part payment transactions.
Ticket Conditions
6. In respect of all Tickets you receive as part of your membership, you must comply and must ensure that each subsequent holder of any of your Tickets complies with:
(a) this Agreement;
(b) the ticketing conditions as set out on the back of the Tickets; and
(c) the rules and regulations of the venue at which a Match is played, including terms of entry and any restricted or prohibited items.
(d) Club Terms of Admission
(e) Spectator Code of Behaviour
The Club will not be liable to Members for any matters arising as a result of the implementation of such policies, rules and regulations.
7. It is an essential condition of this Agreement and of the right of admission to the Match conferred on the holder of a Ticket that you and each subsequent holder of the Ticket agrees with the Club:
(a) not to resell the Ticket;
(b) not to use it for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services; and
(c) not to bundle it with other goods or services. If this condition is breached, the Club may, in addition to any other remedy and even if the holder of the Ticket did not have notice of the condition or the breach, deny the holder admission to the Match and retain the price of the Ticket.
Limitation of Liability
8. (a) Nothing in this clause 8 affects your rights under the Trade Practices Act 1974 (Cth) or similar legislation under which the Club’s liability may not be excluded, restricted or modified by private agreement (TPA Rights).
(b) If the Club is liable to you for any:
(i) breach by the Club of any express term of this Agreement;
(ii) breach by the Club of any term implied into this Agreement under the general law; or
(iii) any tort committed by the Club (including negligence but not including fraud),
the Club’s liability to you is limited (at the Club’s election) to the Club repaying any amounts paid by you under this Agreement or supplying or resupplying any Tickets to which you are entitled in accordance with the terms of this Agreement.
Cancellation, Fees, Refunds and Replacements
9. Once your Form is sent to the Club you cannot cancel your membership and, without limiting clause 8, refunds and exchanges are allowed only as expressed in this Agreement.
(a) A Service Fee of $4 per transaction applies for all membership payments made by credit card
(b) Membership Fees paid using the club’s part payment plan will be deducted in four equal installments each month until the full amount has been paid
(c) The club reserves the right to charge an administration fee of $10 for changes to your membership and replacement of membership card/s
(d) The club reserves the right to charge an administration fee of $25 for membership that is defaulted due to insufficient payment of membership fees
10. The Club will refund the face value of the Ticket if:
(a) the Ticket is for a Match which is cancelled and cannot be rescheduled;
(b) the Hyundai A-League is cancelled; or
(c) you are entitled to a refund by virtue of the operation of Clause 8 herein.
11. If a Match is rescheduled to another date or venue, you may either:
(a) obtain a refund of the face value of your Ticket; or
(b) exchange your Ticket for a ticket of the same or lower face value to the rescheduled Match, provided you contact the relevant call centre number or website, within a reasonable period of time before the rescheduled Match.
12. Subject to your TPA Rights, you cannot exchange your Ticket and you cannot obtain a refund if:
(a) after a Match has started it is cancelled for any reason, including due to inclement weather; or
(b) the time of, or teams participating in, a Match changes after the date you purchased your Ticket.
13. Subject to your TPA Rights:
(a) the Club is not liable to you for any loss or damage you suffer as a result of the Hyundai A-League or any Match being cancelled, postponed or changed; and
(b) the Club disclaims the existence of any common law duty of care to you and any holder of the ticket.
14. The Club will not replace your Ticket, if lost, stolen, forgotten, damaged, forged or unreadable.
The Club reserves the right to cancel a membership at any time if, in the opinion of the Club, a member engages in Disruptive Behaviour.
Privacy Statement
15. The Club respects the privacy of the individuals on whom the Club collects, uses and discloses personal information. The personal information that the Club collects on the Form is used for the purpose of processing your membership and providing you with Football related information and offers from the Club and FFA. If you do not want to receive special offers from FFA or Club’s sponsors, please tick the appropriate box on the Form.
16. A copy of the full Privacy Policy is available at www.goldcoastunited.com.au. You may request access to personal information the Club holds about you by sending an email to admin@goldcoastunited.com.au
General
17. The Club may choose not to enforce a term of this Agreement in some cases in its absolute discretion without affecting its right to enforce that term in other cases, including by replacing tickets (except forged tickets) if you can demonstrate proof or purchase and identity acceptable to the Club.
18. All dates, times, participating teams and venues of Matches are as specified on www.footballaustralia.com.au from time to time and may change without notice to you.
19. This Agreement:
(a) is governed by the law applicable in the state of Queensland and each party submits to the jurisdiction of the courts of that state; and
(b) is the entire agreement between Club and you in respect of its subject matter (subject to clause 8(a)) and supersedes any prior agreement, representation or promotional material.