GO Football Terms and Conditions
The following terms and conditions must be read carefully:
In consideration of your application to participate in the GO Football program being accepted you acknowledge and agree to the following terms and conditions:
In these terms and conditions:
"Activity" means any aspect of the Go Football program (as developed and established by FV) that you have applied to register to participate in that is conducted by FV or the Provider;
"Claim" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with Go Football;
“FFA” means Football Federation Australia;
"FV" means and includes Football Victoria, its subsidiaries, members, and their respective directors, officers, members, servants or agents;
"Go Football Provider" means the operator of the Activity which has been granted a license by FV to deliver the Program;
“Program” means the Go Football program and any related sub programs including but not limited to GO Sevens, GO Fives, GO Futsal, GO Joeys, GO Academy, GO Soccer Mums, GO Camps and GO Events;
2. If accepted you will be permitted to participate in one or more Activities subject to you complying with these terms and conditions, the terms and conditions of the relevant venue at which the Activity is conducted, the terms and conditions of the Go Football Provider, any FV or FFA policies which apply to participants in the Activity and any reasonable direction issued by FV or the GO Football Provider or their representatives.
3. Upon executing this contract you will be bound by it and any regulations, policies or codes which apply or relate to participants in the Activity. You shall submit to any disciplinary measures taken against you and shall only appeal any disciplinary decision in the manner permitted under the appropriate avenue in the GO Football Provider or, where applicable, FV rules and regulations.
4. Risk Warning – your participation in the Activity is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Activity and accidents can and often do happen which may result in personal injury, death or property damage. Prior to participating in the Activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have. By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in the Activity may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.
5. Waiver – It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities). By agreeing to these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
6. For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:
By agreeing to these terms and conditions, you agree that the liability of FV in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:
b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
c) the contraction, aggravation or acceleration of a disease;
d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
i. that is or may be harmful or disadvantageous to you or the community; or
ii. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities;
is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
7. For recreational services to which the Australian Consumer Law (Victoria) applies:
Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form, is required to ensure that the recreational services it supplies to you:
a) are rendered with due care and skill; and
b) are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and
c) might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
Note: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to these terms and conditions, you agree that the liability of FV for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.
8. Release & Indemnity – In consideration of the GO Football Provider accepting your application to participate in the Activity, to the extent permitted by law you:
a) release and forever discharge FV from all Claims that you may have or may have had but for this release arising from or in connection with this application and/or undertaking the Activity; and
b) release and indemnify FV against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by FV, or in any other manner whatsoever; and
c) indemnify and will keep indemnified and hold harmless FV to the extent permitted by law in respect of any Claim by any person:
i. arising as a result of or in connection with you undertaking the Activity; and
ii. against FV in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the rules or directions of FV or the GO Football Provider (or any authorised person),
save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of FV.
9. Insurance - Insurance may be in place that may provide you with limited cover while participating in the Activity. You understand this insurance may not cover you for all injury, loss or damage sustained and you acknowledge that FV does not make any representations about the suitability of any insurance. You also understand you can, in your own interests and at your own expense, seek and obtain personal insurances over and above any cover that may be provided by FV at your own expense and after taking into account FV’s insurance arrangements and your own personal circumstances.
10. Disclosure of Medical Conditions – You declare that you are medically and physically fit and able to participate in the Activity. You are not and must not be a danger to yourself or to the health and safety of others. You will immediately notify the GO Football Provider in writing of any change to your medical condition, fitness and ability to participate. You understand and accept that the GO Football Provider will continue to rely upon this declaration as evidence of your fitness and ability to participate in the Activity. You will report to the GO Football Provider any accidents, injuries, loss or damage suffered by you during the Activity before you leave any relevant venue.
1. Safety – You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in the Activity, and you accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree to follow any rules set by FV and/or the GO Football Provider in connection with the Activity. If you fail to comply with the rules and/or directions of FV and/or the GO Football Provider, you will not be permitted to participate or to continue to participate in the Activity and no refund will be given.
12. Bar to proceedings – FV may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you seek to commence proceedings against FV or the GO Football Provider, you:
a) will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
b) waive any right to object to the exercise of such jurisdiction;
c) will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by FV or the GO Football Provider) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by FV or the GO Football Provider to remove the proceedings to the jurisdiction in which any incident occurs;
d) will pay the costs of any application made by FV or the GO Football Provider under paragraph 12c) and will consent to any application for security of costs made at any time by FV or the GO Football Provider; and
e) consent to paying FV's or the GO Football Provider's legal defence costs of the proceedings (on a solicitor client basis) where FV or the GO Football Provider successfully defends the proceedings.
13. Governing Law – The governing law of this agreement is the law of the state of Victoria (‘Jurisdiction’). You irrevocably and unconditionally consent and submit to the Jurisdiction of the courts of the Jurisdiction in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.
b14.] Prevailing conditions – You acknowledge and agree that participation in the Activity may be affected by weather and associated conditions and in the event of extreme weather conditions the GO Football Provider reserves the right to alter the format of, shorten, or cancel the Activity in the interest of participant safety. You acknowledge that the GO Football Provider will use all reasonable efforts to conduct the Activity in the planned format if it is safe to do so. Should prevailing weather conditions force any change you accept that FV and the GO Football Provider are not obliged to provide any refund to you, nor to provide a credit transfer for you to another Activity, or to restage the Activity, as weather and associated conditions are beyond the control of the GO Football Provider.
b15.] Use of Image – You acknowledge and consent to photographs and electronic images being taken of you during the Activity. You acknowledge and agree that such photographs and electronic images are owned by FV or the Go Football Provider and that either may use the photographs for promotional or other purposes without your further consent being necessary. Further, you consent to FV and the Go Football Provider using your name, image, likeness and participation in the Activity, at any time, by any form of media, to promote FV or the GO Football Provider.
17. Non transferrable - You understand that where the GO Football Provider grants a right to participate in the Activity, such right is non-transferrable to other events or to other people. Any attempt to transfer your right to participate in the Activity to another person without the knowledge of the GO Football Provider may result in the cancellation of your registration without refund and you may not be permitted to participate in the Activity or other activities of FV.
18. GST and Australian Dollars - All transactions are processed in Australian Dollars. All prices shown are exclusive of GST.
19. Cancellation of participation in the Activity - Unless otherwise stated in the Activity's registration application, if you wish to cancel your participation in the Activity, you may apply for a credit for the value of payments already made to the GO Football Provider, which will be determined by the GO Football Provider on a case by case basis taking into account the period of notice provided by you and any expenses incurred by the GO Football Provider for your booking that the GO Football Provider is not able to avoid or recoup despite its reasonable endeavours. If you would like to obtain detailed information about a credit for the Activity prior to registration, please contact the GO Football Provider. If you wish to apply for a credit, you must write to the GO Football Provider and provide your name, address and reason for cancellation.
20. Entire agreement– This agreement (and the documents to which it refers) constitutes the entire agreement between the parties (being, you and FV) in respect to the Activity and supersedes all other agreements, understandings and representations and negotiations between the parties in relation to the Activity. To the extent that any clause of this agreement is void or unenforceable it is severable and does not affect the remaining provisions of the agreement.
21. Warranty - You warrant that all information provided is true and correct. You acknowledge this application and declaration cannot be amended. If you do amend it your application will be null and void and cannot be accepted by the GO Football Provider.
PLEASE NOTE THE FOLLOWING:
If the Competition and Consumer Act 2010 or similar State laws operate so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of FV for breach of warranties is limited to the:
(i) re-supply of the Activity and related activities; or
(ii) payment of the cost of having the Activity or related activities supplied again.
In order to proceed, I must have read and agreed to these terms and conditions. By checking the box below or signing where indicated, I declare that I have read, understood, acknowledge and agree to these terms and conditions including the exclusion of implied terms, warning, assumption of risk, release and indemnity. I agree that if my application is accepted I will be bound by these terms and conditions.
Where the applicant is under 18 years of age:
You are the parent or guardian of the applicant. You authorise and consent to the applicant participating in the Activity. In consideration of the application being accepted, you expressly agree to be responsible for the applicant's behaviour and agree to accept in your capacity as parent or guardian, these terms and conditions. You have read and understood these terms and conditions and have fully explained to the applicant its terms and effect. The applicant has read these terms and conditions and together with your explanation the applicant has, to the best of your belief, understood the terms and effect of the application and declaration.
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1. Football Victoria
Football Victoria Inc (ABN 97 592 993 965) whose registered office is at level 3, 436 St Kilda Road, Melbourne, Victoria, 3004 (FV) is the governing body of the sport of football in Victoria. This Policy applies to FV and each of its related companies and subsidiaries (referred to in this Policy as FV, we or us).
2. About this policy
2.1 This Policy sets out the way in which FV collects, uses and discloses personal information and also explains your rights and how to contact FV. FV is committed to protecting your personal information in accordance with Privacy Act 1988 (Cth). Please read the text carefully.
2.2 We may modify or update this Policy from time to time by publishing a new version of the Policy on the FV network of websites (including footballvictoria.com.au and any related websites, mobile websites or applications which link directly to this Policy (collectively, the FV Sites)). We will indicate any changes by updating the date of this Policy. If you have any questions about this Policy, please contact the FV Privacy Officer using the details in section 13.
3.1 FV may collect, use, hold and disclose personal information that we collect from you or from third parties for a variety of purposes, including to provide or promote our services to you (see sections 4 – 6). You can opt-out of receiving marketing materials from FV at any time by utilizing the unsubscribe feature on any electronic marketing communications that you receive, or in the case of other direct marketing materials by contacting the FV Privacy Officer in accordance with section 13 below.
3.2 FV may disclose your personal information to third parties in the course of our operations, including to other football organisations. From time to time, we may also provide personal information to third parties outside Australia (see sections 7 and 8).
3.4 FV takes reasonable steps to protect the personal information that we hold. This includes using password-protected systems to store personal information (see section 10).
3.5 You have a right to access and/or correct personal information that FV holds about you, or to make a complaint about our handling of your personal information. You can do so by contacting the FV Privacy Officer using the details set out at the end of this Policy (see sections 11 and 13).
4. What kinds of information do we collect?
4.1 In the course of its operations, FV may collect, use and disclose the personal information of players, ticketholders, administrators, participants and other individuals for the purpose of governing and administering of the sport of football in Victoria, as described in this Policy. The precise nature of the collection, use and disclosure of personal information by FV depends on the services you request and receive from, and your interaction with, FV.
4.2 Personal information collected and held by FV may include your name, address, phone numbers, email address, date of birth, gender, occupation and social media details.
4.3 Depending on the services you receive from FV, we may also collect and hold details about your participation history, your favourite Club and membership history as well as your emergency contact information, credit card information, driver’s license details, reference check information and details of items ordered or purchased from FV.
4.4 In certain circumstances, FV may collect information about your health or other sensitive information about you (for example, information about your racial or ethnic origin or physical health). FV may use health information about you to ensure that football programs in which you participate are run safely and in accordance with any special health needs you may have and for insurance purposes. FV may also use health information as required by FV, Football Federation Australia (FFA) and FIFA statutes, rules, policies, regulations and bylaws, including medical and anti-doping testing and investigations.
4.5 In addition, FV may use de-identified health information and other sensitive information to carry out research, to prepare submissions to government or a government body or to plan events and activities.
4.6 If you choose not to provide certain personal information, FV may not be able to communicate with, or provide services to, you. For example, you may not be able to register to play football or participate in some of the activities on the FV Sites if you do not provide certain personal information.
5. How do we collect and hold your personal information?
5.1 We may collect your personal information from you or from a third party.
5.2 For example, FV may collect personal information from you: (a) via the FV Sites; (b) when you provide it to FV by filling in forms approved by FV from time to time; (c) when you contact FV; (d) when you engage with FV via social media; (e) when you subscribe to receive football related newsletters or other information; or (f) when you enter a competition that is being conducted by, or on behalf of, FV.
5.3 FV may also collect personal information about you from third parties, including: (a) an association, club and/or a competition administrator registered with FV from time to time (Football Administrators); (b) your representatives; (c) FV corporate partners, licensees, sponsors, suppliers and broadcasters (FV Partners); (d) ticketing agents and event organisers, when you purchase tickets to a football related event; (e) vendors, when you purchase football related merchandise; and (f) the organisations identified under section 7 below.
6. For what purposes do we collect, hold, use and disclose your personal information?
6.1 FV may collect, hold, use and disclose your personal information for various purposes, including:
(a) to verify your identity;
(b) to ensure compliance with FV statutes, rules, policies, regulations and bylaws,, including the administration and development of football;
(c) to organise, conduct and promote football competitions, matches, programs and other events (including for the purpose of distributing newsletters, providing information and making ticket offers);
(d) to develop programs, activities, events, products, services and merchandise relating to football;
(e) to provide you with information about our products and services, including information about tickets, merchandise and special offers, or which we reasonably believe may be of interest you;
(f) to investigate and take action in the event of a data breach or where applicable laws or FV statutes, rules, policies, regulations and bylaws are breached
(g) to carry out market research and surveys;
(h) to contact you if you win a prize in a competition you have entered and to send the prize to you;
(i) to administer, manage and improve the FV Sites and to provide you with, or optimise your, access to those FV Sites;
(j) so that FV can provide you with direct marketing communications in relation to products, services, tickets, merchandise and special offers made available by FV or our FV Partners that we think will be of interest to you. You will be able to opt-out of receiving direct marketing communications from FV at any time if you so choose, by utilising the unsubscribe feature on electronic marketing communications, or in the case of other direct marketing materials by contacting the FV Privacy Officer in accordance with section 13 below;
(k) where permitted by FV, to enable FV Partners who have a relationship with FV to market and promote their products and services to you. You will be able to opt-out of FV disclosing your personal information to FV Partners for the purposes of direct marketing at any time if you so choose, by utilizing the unsubscribe feature on electronic marketing communications, or in the case of other direct marketing materials by contacting the FV Privacy Officer in accordance with section 13 below; and
(l) for any use that is reasonably apparent at or around the time the information is collected or that is otherwise notified to you from time to time.
6.2 We may collect, use or disclose information about you in order to combine the information that we hold about you with information about you collected from or held by other trusted partners or from public sources. We do this in order to enable the development of consumer insights about you so that we and those other trusted companies can serve you better. This includes being able to better understand your preferences and interests, personalise your experience, enhance the products and services you receive, and to tell you about products and services. We may also use trusted service providers to undertake the process of creating these consumer insights.
7. To whom do we disclose your personal information?
(a) a Football Administrator that you have registered with or expressed an interest in, which may then use your personal information to administer the game of football and keep you updated with information about them.
(b) FV’s related bodies corporate;
(c) Fédération Internationale de Football Association and its members, including the Asian Football Confederation;
(d) the Australian Sports Anti-Doping Authority, Australian Institute of Sport and/or Australian Olympic Committee;
(e) FV’s insurers;
(f) FV’s professional advisors, including our accountants, auditors and lawyers;
(g) third party service providers, suppliers and partners, such as ticketing agents;
(h) government agencies, regulatory bodies and law enforcement agencies, or as required, permitted or authorised by law or where we have a public duty to do so, including for purposes of safety and security; and
(i) where you have consented to your personal information being disclosed to others;
(j) anyone to whom our assets or businesses (or any part of them) are transferred; and (k) specific third parties authorised by you to receive information held by us.
8. Do we disclose your personal information outside Australia?
8.1 FV will store personal information on data servers that are controlled by FV and are located within Australia where reasonably possible. However, in some circumstances, we may disclose your personal information to third parties located outside Australia.
8.2 In all cases, by providing your personal information to us or using our services, you consent to the disclosure of your personal information outside Australia as set out in this Policy, and acknowledge that FV is not required to ensure that overseas recipients handle your personal information in compliance with Australian privacy law. However, where practicable in the circumstances, FV will take reasonable steps to ensure that overseas recipients handle personal information in a manner consistent with this Policy. You may have rights to enforce such parties' compliance with applicable data protection laws, but you may not have recourse against those parties under the Privacy Act 1988 (Cth) in relation to how those parties treat your personal information.
9. Using an FV Site
9.1 If you visit an FV Site, FV may record information such as your Internet Protocol (IP) address, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, the FV Site pages accessed and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes, including identifying usage trends, to track users’ movements around the FV Sites and to gather demographic information about FV users collectively.
9.2 Like many other websites, the FV Sites may use ‘cookies’ from time to time. A cookie is a piece of data that allows us to identify and interact more effectively with your device. The cookie helps FV to maintain the continuity of your browsing session and remember your details and preferences when you return. You can configure your web browser to reject cookies however some parts of our website may not have full functionality in that case.
9.4 When we send you emails or other electronic messages, FV may record where you open the message and click on particular links. This helps us to better understand what information is of interest to you.
10. Protecting your personal information
10.1 FV takes the security of personal information seriously. FV has appointed a Privacy Officer to oversee FV's management of personal information in accordance with this Policy and the Privacy Act 1988 (Cth).
10.2 FV uses a number of physical, administrative, personnel and technical measures to protect the security and privacy of your personal information. For example, all electronic data that is held by FV is stored on password protected systems.
10.3 If you are considering sending us any other personal information through an FV Site or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email). Any transmission is therefore at your own risk.
10.4 Where FV has given you (or where you have chosen) a password which enables you to access certain parts of an FV Site, you are responsible for keeping this password confidential. FV suggests that you do not share the password with anyone and to change it regularly.
11. How can you access and correct your personal information?
11.1 FV takes reasonable steps to ensure the personal information that FV collects, uses and discloses is accurate, complete and up-to-date. However, the accuracy of that information depends on the information you provide.
11.2 You have the right to access the personal information we hold about you and can request the correction of your personal data if it is inaccurate, incomplete or out of date. If you would like to do so, please contact the FV Privacy Officer to submit an enquiry to access the personal information FV holds about you. The FV Privacy Officer's contact details are set out in section 13.
11.3 If you provided your personal information via an FV Site, you can also update that information at any time by logging onto the relevant FV Site and submitting the updated information.
12. Can you opt out of direct marketing communications?
You can opt out of receiving marketing messages from FV at any time by following the unsubscribe instructions on electronic marketing communications, or in the case of other direct marketing materials, by contacting the FV Privacy Officer in accordance with section 13.1 below.
13. Contacting the FV Privacy Officer and Making Complaints
13.1 You may contact the FV Privacy Officer by writing to firstname.lastname@example.org or The Privacy Officer, Football Victoria, Level 3, 436 St Kilda Road, Melbourne, Victoria, 3004
13.2 You may complain about our collection, use or disclosure of your personal information by contacting the FV Privacy Officer using the contact details above with your full name and contact details, together with a detailed description of the complaint. We will respond to your complaint within a reasonable period of time and inform you of the next steps we will take in dealing with your complaint. If we are unable to resolve your complaint, we will inform you of the further steps you can take.
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