Terms and Conditions of Membership

TERMS AND CONDITIONS Macarthur FC Limited – HYUNDAI 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 FC Limited ABN 21 633 540 566 (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.

  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. 1.4 Delivery of Membership Cards will commence from December 2019. The exact date of delivery of your Membership Card will be dependent on when you purchased your Membership.
  2. Membership Terms
    1. Change of address for a Member must ensure that they advise us as soon as they have a new Mailing Address. Members who do not advise the Club of a change of address which results in their Membership Card being misdirected will be charged an additional $20 if a replacement Membership Card is required.
    2. Family Membership A family membership comprises of 2 adults and 2 juniors (aged 4 – 15 years). A junior must be 15 years as of 1/1/2020 for the 2019/2020 Foundation Membership year.
  3. Membership Packages
    1. Macarthur FC Foundation Member One-off payment of:
      1. $95 for adult
      2. $90 child
      3. $360 for family (2 adults and 2 child)
      4. This is a non-refundable payment
      5. A Macarthur FC Foundation Membership can be purchased from now until the when the Club announces its no longer available or sold out.
      6. A current club membership needs to be maintained from season to season to maintain your Foundation seat.
  4. Payment
    1. By agreeing to pay your Macarthur FC Foundation 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. 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.
    4. Macarthur FC reserves the right to suspend or cancel your Foundation 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.
    5. If your Foundation 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.
    6. 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.
    7. You must advise us in writing if you close your nominated account and supply us with a substitute account for your payments to continue.
    8. 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.
  5. Monthly Instalment Plan
    1. By agreeing to pay your membership via Macarthur FC 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 4.1, 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 three instalments charged on the 15th day of each month. Each payment, including the upfront payment, will be the total amount of the membership cart (including additional fees as in point 5.2) divided by four.
    4. The instalment option will be available until 15 April 2020.
    5. If you join before 15 April 2020, a larger catch-up payment may be charged as you join, dependent on the exact date, and subsequent payments will be charged on the 15th of the month. If you join after 15 April 2020, only the upfront payment option will be available.
    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
  6. Renewal of Membership
    1. The Club may automatically renew your Membership if you have opted-in for automatic renewal during the membership application process for season 2019/2020 or at any time after that.
    2. If you have not opted-in for automatic renewal, in June 2020 you will be notified by email that your Membership will be automatically renewed for the 2020/2021 season. At this time, you will be given the opportunity to cancel your Membership by a prescribed deadline. That deadline will be not less than three weeks after we issue the automatic renewal notification to you.
    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 automatic renewal. If you choose to opt-out during a season, your Membership will expire at the end of the season in which you subscribed.
  7. Limitation of liability
    1. Nothing in this clause 5 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 6) 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. 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. This clause 6.2 does not apply to the extent that our own wilful or negligent acts or omissions cause your loss or damage.
  8. Cancellation, Refunds and Replacements
    1. Once your Form is sent to the Club you cannot cancel your Membership and, without limiting clause 4, refunds and exchanges are allowed only as expressed in this Agreement.
    2. 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.
  9. 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.
  10. 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
  11. 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 6.1) and supersedes any prior agreement, representation or promotional material.
  12. 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. Hyundai A-League means the national club competition to be staged by FFA 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.