Terms and Conditions
MELBOURNE VICTORY CORPORATE MEMBERSHIP/EVENT TERMS AND CONDITIONS
These terms (including any incorporated terms) form a binding and enforceable legal agreement (Agreement or terms) between the person(s) or company signing up to an event or corporate package (or package) as named on the relevant subscription (ie sign up or renewal or booking form) details (Form) (you, your or member) and Melbourne Victory Limited ACN 111 441 868 trading as the Melbourne Victory Football Club (Club, MV, we or us).
By applying for or otherwise accepting package, or purchasing a ticket to any event of the Club, you agree to be bound by and comply with this Agreement. If you have completed the Form on behalf of other persons (such as members of your household or company), you must ensure, and you warrant, that they have expressly authorised you to do so and they will also be bound by these terms. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Rights). Applying for and obtaining a package
- Payment for your package (which may include one or more of a membership package, a ticket to an event or participation in any media or innovation) (package) must be made at the time of receipt of the Form by the Club, unless you elect to pay using instalments as set out on our corporate website at mvfccorporate.com.au (Instalments).
- Subject to your Non-Excludable Rights, a member or attendee who has purchased a ticket to an event, will only receive a refund if at the time of processing the Form the Club is unable to provide the requested package.
- The Club reserves the right not to:
- process any Form which is incomplete;
- accept any changes to the Form (except for change of your contact details of which it is your responsibility to notify the Club); or
- otherwise accept any application Form, in its reasonable discretion.
- You must notify the Club of any change in circumstance, including the issuing or withdrawal of concession status, your contact details and any other relevant information that could affect your package of the Club from time to time.
Payment for your package by instalments and automatic renewal
- The Club has both an instalment plan option and full payment option. Pursuant to either payment option, each person who purchases a package will either:
- have their credit card debited in 4 equal instalments (on sign up; on 15 November (Relevant Date); on 15 January and on 15 March); or
- be able to pay upfront for their package on sign up,
We accept Visa, Mastercard and American Express credit cards, as well as debit cards with a Visa or Mastercard logo. If you wish to pay in instalments, you authorise the Club to arrange a debit of funds from your nominated credit card for your package in accordance with these terms (and to continue to roll over your package each year on the same terms, unless otherwise notified by you).
- If you pay in instalments after the Relevant Date, will must pay on sign up the amount required to bring you up to date with the debit schedule, followed by subsequent monthly payments at each specified date.
- At all times, it is your responsibility to: (a) ensure that the account/credit card details you have provided are correct; (b) notify the Club should the expiry date of your credit card change; and (c) ensure you have sufficient clear funds available in the nominated account, on each scheduled drawing date(s). If you have insufficient funds in your account at the time of drawing, the Club will attempt to deduct any outstanding payments daily, until successful.
- If there are insufficient funds in your account, your bank or credit card provider will reject our deduction. Any fees associated with the rejection or overdrawing on your account is the responsibility of the paying cardholder. We will notify you of the rejection via a courtesy call, email, SMS or letter (at our election) and if your account is not settled at that time, your package (and any benefit provide under it) will be suspended and the recovery procedure will commence. In these circumstances, we may seek to recover our associated costs (including legal costs) from you. If your package is suspended due to non-payment, it will be reinstated once the amount owing is paid. Please note that at least 24 hours is required to reinstate a package once full payment is received.
- If you have a change in account details, or if you believe there has been an error in debiting your account, please notify Marko Gluscevic on 0417 747 330. If we conclude, as a result of our investigations, that your account has been incorrectly debited, we will respond to your query and arrange for an appropriate adjustment to be made. If we conclude, as a result of our investigations, that your account has not been incorrectly debited, we will respond to your query by providing you with reasons for this finding.
- All credit card details will be kept strictly confidential and are used for
Membership benefits and categories
- Due to the impacts of COVID-19 and changes to package/ticketing regulations as a result, the Club’s packages are non-transferable, unless otherwise set out on our COVID-information page on the Melbourne Victory website.
- The Club, reserves the right to, acting reasonably and subject to any applicable laws, vary or remove package benefits if existing package benefits cannot be provided due to a Force Majeure Event, including if the impacts of COVID-19 result in limited seating inventory, prohibitions on attendance at matches or events or adjustments to the length of the season or location of matches or events. The Club will use reasonable endeavours to advise members of any material changes to the package benefits.
- Impact of COVID: For the avoidance of doubt, the Club will not provide any credit or refund to any member or person as a result of: (a) any matches being required to be played behind closed doors; (b) capacity limits preventing attendance by some or all of our member at matches or events; (c) if we substitute a benefit as a result of COVID-19; and/or (d) the Department of Health or any other Government Authority directing the venue of any match we play or event we host (and/or the Club) to restrict or otherwise prevent the relevant event or match proceeding based on the status (or otherwise) of having (or not having, as the case may be) a COVID-19 vaccination (COVID Changes). To the extent any COVID Changes affect (or are deemed to have affected) the value of your package, you will in turn be deemed to have donated an amount equal to the difference between the price of your package and the monetary impact of the COVID Change(s) to the Club in the 2021/22 financial year, unless you are suffering from severe financial hardship, in which case you can request that the Club addresses your donation in an alternate way by contacting our Membership Services department.
- When attending APL sanctioned Matches or league functions or events supported by APL and/or club/s, members of the Club must abide by policies set-out by the relevant venue, including in relation to attitude and behaviour and access. Any incident reports received by officials will be dealt with in an appropriate manner, and the Club reserves the right to immediately cancel a package (or remove you from an event or match) in its discretion based on violations incurred by members. If, for any reason, you fail to comply and your access to the venue is terminated, you remain obliged to pay for your entire package, without any recourse against us.
- Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
- Subject to a member’s Non-Excludable Rights, the Club will not be liable to you or any other person for indirect and consequential loss arising from or connected to these terms in contract, tort, under any statute or otherwise (including, without limitation, for loss of profits, failure to realise expected profits or savings and loss or corruption of data) unless such loss arises as a result of the Club’s negligence or wilful misconduct.
- Some of the goods or services which are offered or provided to you in addition to the benefits offered or provided by Club are supplied by third party suppliers. The provision of those goods or services will be subject, in each case, to the terms and conditions of the suppliers and any claims relating to the supply of those goods or services should be made to the supplier.
- If the Club is liable to a member for any:
- breach by the Club of any of these terms;
- breach by the Club of any term implied into these terms under the general law; or
- any tort committed by the Club (including negligence but not including fraud),
the Club’s liability to the member is limited to the amount of all payments paid by the member to the Club pursuant to these terms in respect of the then current season. Suspension or cancellation of package
- In the case of memberships, from the commencement of the season (or in the case of ticketing and events, from 5 Business Days prior to the date of the relevant event or match) (Cut Off Time), there will be no refunds of package payments, subject to a member’s Non-Excludable Rights. Any cancellation request after the Cut Off Time must be made in writing to the Club, and cancellation of packages is at the discretion of the Club, acting reasonably and is not available purely on the basis of any COVID-19 event or circumstance.
- The Club reserves the right to suspend or cancel a package or ticket without refund to any person that breaches these terms or, in the reasonable opinion of the Club, is guilty of conduct unbecoming of a member, disruptive or prejudicial to the interests of the Club, the interests or reputation to the game, FA, APL or any of their sponsors. A resolution may be considered in lieu of the package suspension or cancellation, which must be sent to the Club’s mailing address in writing within 7 days of the member receiving the suspension or cancellation advice.
- For the purposes of clause 21, 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 (or similar terms applying to any venue at which an event is being hosted).
- 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.
- All dates, times, participating teams and venues of Matches are as specified on the APL website from time to time and may change without notice to you.
- These terms:
- are governed by the law applicable in the state of Victoria and each party submits to the jurisdiction of the courts of that State; and
- are the entire agreement between the Club and you in respect of its subject matter and to the extent permitted by law, supercedes any prior agreement, representation or promotional material.
- Neither party shall be liable for any delay or failure to perform its obligations under these terms, other than payment of any monetary sums due and owing to the other party, if such failure or delay is due to a Force Majeure Event.
Definitions In this Agreement:
- APL means Australian Professional Leagues Company Pty Ltd ACN 646 799 199 in its capacity as trustee for the Australian Professional Leagues Trust ABN 95 869 867 692.
- FA means Football Australia Limited ABN 28 106 478 068, the national governing body of football in Australia.
- Force Majeure Event means, in respect of a party, any event or circumstance or combination of events or circumstances which is beyond the reasonable control of that party, including an act of God, fire, lightning, explosion, flood, subsidence, insurrection, epidemic, pandemic or civil disorder or military operations.
- League means the national mens (currently known as the A-League) and womens (currently known as the W-League) football competitions to be staged by APL.