Terms and Conditions of Membership

TERMS AND CONDITIONS Macarthur FC Limited – A-LEAGUE MEMBERSHIP TERMS

Introduction

The completed Membership application form (Form) and these terms (including any incorporated terms) form a valid, binding, and enforceable legal agreement (Agreement) between the person named on the Form (you) and the Macarthur Bulls FC ABN 65 625 679 352 (Club). By applying for Membership of the Club you agree to be bound by and comply with the Agreement and all applicable laws and regulations.

Macarthur FC (Club) reserves the right to change, amend or update these Terms and Conditions at any time. Any changes will be published on the Club’s Membership website and will be effective immediately without further notice.

  1. Purchase of Membership
    1. After your application for Membership is processed, the Club will send you an acceptance letter to your nominated email address confirming your Membership and Membership benefits.
    2. The Club will not:
      1. process any form which is incomplete; or
      2. accept any changes to the form (except for change of Mailing Address which is your responsibility).
    3. The Club reserves the right to not accept any online application form in its absolute discretion.
    4. All Membership Packages are subject to availability.
    5. Delivery of Membership Packages will commence from November 2020. The exact date of delivery of your Membership Package will be dependent on when you purchased your Membership.
    6. Memberships cannot be cancelled and are non-refundable.
    7. A Macarthur FC Membership can be purchased from now until the when the Club announces its no longer available or sold out.
    8. A current club membership needs to be maintained from season to season to maintain your Foundation Member status.
  2. Membership Terms
    1. Membership is available on a seasonal basis and is valid from date of purchase, until the end of that season. By becoming a Member of the Club, you agree to this period of Membership.
    2. The Club entitles any person to hold only one (1) Membership in their name with the Club.
    3. Matches where stadium capacity is projected, unreserved Members are not guaranteed entry and/or a seat to the match. To avoid disappointment Members are strongly advised to arrive early.
    4. Please note your Membership does not include entry to any pre-season trials, community, exhibition, FFA Cup, A-League Finals Series and/or AFC Champions League matches where the Club is participating.
    5. The Club reserved the right to cancel a Membership at any time if, in the Club’s opinion, a Member engages in disruptive behaviour which is deemed prejudicial, or likely to be prejudicial, to the interests or reputation to the game, club, stadium, FFA or any of their sponsors.
    6. If a change of address is required for a Member, they must ensure to advise the club as soon as possible with their new Mailing Address. Members who do not advise the Club of a change of address which results in their Membership Package being misdirected will be charged an additional fee if a replacement Membership Package is required.
  3. Membership Classifications
    1. It is the responsibility of each Member to ensure they are eligible for their Membership Price type at the time of renewing or purchasing each season. Any Member found to be ineligible in their current membership, may have their Membership Price type changed and the difference in price charged to their account.
    2. Junior Membership: To be eligible for a Junior Membership you must be 15 years of age or under as of 1 September 2020 for the 2020/2021 Membership Year. A date of birth must be provided when purchasing a junior Membership.
    3. Concession Membership: To be eligible for a Concession Membership you must hold a current Seniors card, Pensioners Card or Full Time Student Card. It is a condition of these concessions that if requested, you agree to present your concession identification card upon entry to a venue.
    4. Family Membership: A family membership comprises of 2 adults and 2 juniors (aged 4 – 15 years). Children 3 years and under as of 1/09/2020 are admitted free of charge to Macarthur FC home matches when not taking up a seat for the 2020/2021 Membership year.
    5. The Club recognises the NSW Companion Card Program. If a Member holds a state issued Companion Card, the Member is eligible to receive a second Membership, of the same category as they purchase, at no charge. This Membership can be used by a companion when attending matches with the companion card holder. A Companion Card Holder is ineligible for Member Benefits including a Membership Pack unless paying as a Member.
  4. Membership Cards
    1. Membership cards remain the property of the Club and may not be sold (including via on-line auction sites), exploited for commercial use (including competitions and trade promotions), used to enhance the demand for other goods or services or used for promotional purposes without prior written consent from the Club. If a Membership card is misused by the Member or any subsequent bearer, the Membership may be suspended or cancelled without a refund at the discretion of the Club.
    2. Membership cards are issued to all Members for identification and seat allocation purposes.
    3. Membership cards contain Membership details, seating allocation (if applicable) and a barcode (if applicable).
    4. Membership cards are to be used as tickets for home matches during the regular season and must be scanned upon entry to the nominated home stadium.
    5. If your Membership card is lost or stolen, please contact the Membership Team to arrange a replacement card. A Membership card replacement fee of $15 will be charged to your account. The card will be replaced at no cost upon provision of a police report or statutory declaration detailing the theft.
    6. If a Membership card is found to be faulty, it will be replaced free of charge.
    7. If you forget to bring your Membership card to a match, the Club can provide you with a replacement ticket on the day from the Membership Window at Campbelltown Sports Stadium. A re-print fee may apply. Photo ID will be required when requesting a replacement ticket.
    8. Membership cards are NOT transferable if a Member cannot attend a match. The Membership may be suspended or cancelled if the Member breaches the Terms and Conditions of this agreement.
  5. Seating
    1. Membership seats will be allocated on a best seat available basis according to the time of the Membership Purchase and availability of seats.
    2. The club will make all efforts to accommodate seating requests. In the event, a Member is displeased with their allocation, the Membership Team will work towards a solution with them. Refunds will not be issued based on dissatisfaction with allocated seating.
  6. Terms of Match Admission
    1. Members must comply with the Club, Campbelltown Sports Stadium and FFA’s or equivalent body Terms of Admissions and Code of Spectator Behaviour.
    2. The full list of FFA Conditions of entry, Spectator Code of Behaviour and Terms and Conditions documents are available https://www.ffa.com.au/governance/statutes-and-regulations
  7. Payment
    1. By agreeing to pay your Macarthur FC Membership via the Macarthur FC Payment platform, you authorise Macarthur FC, or associated third parties, to debit from your nominated Credit Card or Debit Account as set out in the membership application process. Additional fees including credit card fees of 2.00% will apply.
    2. Members should be aware that additional fees apply for cancellations and missed payments.
    3. Macarthur FC Memberships are charged in Australian Dollars. The club is not responsible for any loss caused as a result of use of foreign currency.
    4. It is your responsibility to ensure that enough funds are available in your nominated account for payments to be processed. Any fees levied to you by your financial institution for a dishonoured payment will be payable by you.
    5. Macarthur FC reserves the right to suspend or cancel your Membership if on two consecutive occasions your payment cannot be processed due to insufficient funds in your nominated account. We will notify you in writing if we suspend or cancel your membership.
    6. If your Membership is suspended, your Membership number will be blocked, and your Membership entitlements will be suspended until such time that the overdue payments have been received.
    7. Members with outstanding debt will be unable to renew their Membership until all outstanding fees are paid.
    8. If you believe that a payment has been withdrawn incorrectly, please contact Macarthur FC Membership Team on 1800 462 855. You will receive a full refund of the withdrawn amount if we cannot substantiate the reason for the withdrawing.
    9. You must advise us if you close your nominated account and supply us with a substitute account for your payments to continue.
    10. We will keep your account and other financial institution details confidential. However, we may disclose these details: (a) If you consent in writing; or (b) To the extent required by law; or (c) For the purpose of this Agreement, for example, in relation to a payment dispute.
  8. Monthly Instalment Plan
    1. By agreeing to pay your membership via Macarthur FC Rolling Bull Payment Plan, you authorise Macarthur FC, or associated third parties, to debit from your nominated Credit Card or Debit Account as set out in the membership application process. Additional fees (including credit card fees) may apply.
    2. As per 7.1, each instalment payment will incur a credit fee of 2.00%. Members should be aware that additional fees apply for those making payments through international credit cards, cancellations and missed payments.
    3. The instalment option will include an upfront credit card payment on the join date, followed by seven instalments charged on the 1st day of each month.
      PAYMENT DATE
      Instalment 1 Charged on purchase
      Instalment 2 October 1st 2020
      Instalment 3 November 1st 2020
      Instalment 4 December 1st 2020
      Instalment 5 January 1st 2021
      Instalment 6 February 1st 2021
      Instalment 7 March 1st 2021
      Instalment 8 April 1st 2021
    4. If a Membership is purchased after an instalment period, Members will be required to pay the previous instalment/s missed to process the Membership.
    5. If a Membership payment is unable to be successfully processed, Macarthur FC will continue to attempt to charge funds outstanding.
    6. It is your responsibility to ensure that enough funds are available in your nominated account for payments to be processed. Any fees levied to you by your financial institution for a dishonoured payment will be payable by you. Any fees incurred by Macarthur FC for a dishonoured payment will be added to the next instalment.
    7. Macarthur FC reserves the right to suspend or cancel your membership if on two consecutive occasions your payment cannot be processed due to insufficient funds in your nominated account. We will notify you in writing if we suspend or cancel your payment plan arrangement.
    8. If your membership is suspended, your membership barcode will be blocked, and your membership entitlements will be suspended until such time that the overdue payments have been received.
    9. If you believe that a payment has been withdrawn incorrectly, please contact Macarthur FC on 1800 462 855. You will receive a full refund of the withdrawn amount if we cannot substantiate the reason for the withdrawing.
    10. You must advise us in writing if you close your nominated account and supply us with a substitute account for your payments to continue.
    11. We will keep your account and other financial institution details confidential. However, we may disclose these details: (a) If you consent in writing; or (b) To the extent required by law; or (c) For the purpose of this Agreement, for example, in relation to a payment dispute
  9. Renewal of Membership
    1. The Club may automatically renew your Membership if you have opted-in for Rolling Bull plan during the membership application process for season 2020/2021 or at any time after that.
    2. If you have opted-in for Rolling Bull plan, you will be notified in writing or by email at least 14 days prior to the automatic payment being charged. This notification will enclose details of the equivalent Membership package and the fee. At this time, you will be given the opportunity to cancel your Membership by a prescribed deadline.
    3. If you do not cancel your Membership by the prescribed deadline, then your Membership will automatically renew, and we will charge your account with the membership fee for the new season. UNLESS YOU NOTIFY US BY THE PRESCRIBED DEADLINE SET FORTH IN OUR NOTIFICATION TO YOU OF THE IMPENDING RENEWAL THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING MEMBERSHIP, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOUR ACCOUNT WILL BE CHARGED WITH THE NEW MEMBERSHIP FEE.
    4. At any time during a season you may contact the Club and explicitly remove yourself from Rolling Bull plan. If you choose to opt-out during a season, your Membership will expire at the end of the season in which you subscribed.
    5. If you do not renew your membership you are not guaranteed to have the same seats as you did in the previous season.
  10. Limitation of liability
    1. Nothing in this clause 8 affects your rights under the Competition and Consumer Act 2010 (Cth) (CCA) or similar legislation under which the Club’s liability may not be excluded, restricted or modified by private agreement (Consumer Law Rights). Without limiting your Consumer Law Rights, nothing in this Agreement (including in this clause 9) is intended to have the effect of excluding, restricting or modifying:
      1. the application of all or any of the provisions of Part 5-4 of Schedule 2 of the CCA (the ACL) dealing with remedies for breach of consumer guarantees;
      2. the exercise of a right conferred by such a provision; or (c)any liability we have in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
    2. If the Club is liable to you for any:
      1. breach by the Club of any express term of this Agreement;
      2. breach by the Club of any term implied into this Agreement under the general law; or
      3. 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. This clause 10.2 does not apply to the extent that our own wilful or negligent acts or omissions cause your loss or damage.
  11. Cancellation, Refunds and Replacements
    1. Once your form is sent to the Club you cannot cancel your Membership and, without limiting clause 7, refunds and exchanges are allowed only as expressed in this Agreement.
    2. The contents of the Membership website, Membership brochure and accompanying forms were correct at the time of printing and publishing and the Club, under no circumstances takes responsibility for any omissions, errors or changes that may occur. Please note that your Membership benefits and inclusions are subject to change.
    3. Due to the operational needs of the Club in the undertaking of its business as a football club. The Club may be required to act on short notice (including, but not limited to, when there is a late change of match days or a Force Majeure Event) and the Club will have the right, at its sole discretion, to: change all or any of the package details, name, pricing, benefits, inclusions, venue, admission conditions, ticket inclusions or scheduling, including change allocated and general admission seating areas at any time. The Club is not liable to you for any loss or damage you suffer as a result of any matches being cancelled, postponed or changed (including venue change).
    4. The Club reserves the right to cancel a Membership at any time if, in the Club’s reasonable opinion, a Member engages in disruptive behaviour which is deemed prejudicial, or likely to be prejudicial, to the interests or reputation to the game, Club, FFA, or any of their sponsors. Disruptive behaviour may include any attempted or actual act or omission by a person that constitutes a breach of the Terms of Admission, Stadium Conditions of Entry or Spectator Code of Behaviour; or behaviour that jeopardises, or has the potential to jeopardise, the safety or security of a Match.
  12. Privacy
    1. The personal information that the Club collects from you is used and disclosed for the purposes set out in the Club’s Privacy Policy available on our website, including processing your membership, the provision of football-related information and offers from the Club and the Club’s commercial partners.
    2. The Club may use third parties to collect your personal information or give them your information to help us run its business or as required by law (such as IT providers, venue operators or ticketing operators).
    3. You may request access to your personal information that the Club holds by sending an email admin@macarthurfc.com.au You can also update your Member profile online using your username and password.
  13. Membership Enquiries
    1. For all enquiries, please see the 'Frequently Asked Questions' (FAQs) under the information heading on our membership page. Alternatively, enquires can be directed to Macarthur FC Membership Team on membership@macarthurfc.com.au.
  14. General
    1. 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.
    2. All dates, times, participating teams and venues of Matches are as specified at www.footballaustralia.com.au from time to time and may change without notice to you.
    3. This Agreement:
      1. is governed by the law applicable in the state of New South Wales and each party submits to the jurisdiction of the courts of that state; and
      2. is the entire agreement between Club and you in respect of its subject matter (subject to clause 11.1) and supersedes any prior agreement, representation or promotional material.
  15. Definitions

    In this Agreement:

    • FFA means Football Federation Australia Limited (ABN 28 106 478 068), which is the national governing body of Football in Australia.
    • A-League means the national club competition to be staged by FFA known as the 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 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.