Terms and Conditions
Terms and Conditions of the Melbourne Rebels Rugby Union Pty Ltd
The Member acknowledges and agrees that their Membership with the Melbourne Rebels is subject to the terms of the Agreement. If a Member does not agree to the terms of the Agreement, they must not submit a completed Membership Application to the Melbourne Rebels. In addition to the terms of the Agreement, each Member must comply with any rules and regulations imposed by the venue on Members from time to time.
In these Terms & Conditions:
“Home Match” means any of the matches designated as a Melbourne Rebels home match during the 2019 Super Rugby home and away season, and excludes any Finals Match.
“Finals Match” means any match designated as a Melbourne Rebels home finals match played at a venue.
“League” means the Super Rugby Competition conducted by SANZAAR, being SANZAAR Pty Ltd ACN 069 272 304, the joint venture between South African Rugby, New Zealand Rugby and the Australian Rugby Union Ltd ACN 002 898 544.
“Matches” means Home Matches and Finals Matches (as appropriate).
“Membership Fee” means the fee payable by a Member to the Melbourne Rebels on the terms set of the Agreement.
“Melbourne Rebels Membership” and/or “Membership” means Weary Dunlop Rugby Club Membership, Platinum Membership, Gold Membership, Silver Stars Membership, Blue Rebel Army Membership, Little Rebels Membership, Baby Rebels Membership and Supporter Membership, together with any other category of Membership of the Melbourne Rebels (as deemed appropriate from time to time by the Melbourne Rebels).
“Melbourne Rebels Application” means the Member’s submission to purchase a Membership offer.
“Melbourne Rebels Membership Offer” means the Melbourne Rebels Membership packages at www.melbournerebels.com
“Foundation Member” means a person who has been a member of the Melbourne Rebels in each and every Super Rugby home and away season that the Melbourne Rebels have participated in since commencement of the 2011 Super Rugby Competition and who will automatically qualify for Foundation Membership status.
“Foundation Membership Benefits” means benefits over and above the benefits provided to Members who do not qualify as a Foundation Member.
“Venue” means each of AAMI Park Stadium and any other stadium where a Melbourne Rebels Home Match or Finals Match is played.
2. MEMBERSHIP APPLICATION AND PURCHASE
2.1 Membership Applications
Membership Applications may be submitted through any of the following means:
(a) Online at www.melbournerebels.com;
(b) Via email at firstname.lastname@example.org;
(c) Via phone on 1300 GO REBELS (1300 46 7323);
(d) Via post to PO BOX 4046 RICHMOND VIC 3121; or
(e) On match day or any Melbourne Rebels event with Membership staff present.
2.2 Confirmation and Acceptance
Once you submit your Membership Application and Membership Fee, Melbourne Rebels shall consider your Membership Application. If your Membership Application is accepted, the Melbourne Rebels will send you an email confirming your Membership. Members are required to provide a valid email address in their Membership Application in order to receive confirmation (or otherwise) of the acceptance of their Membership Application.
2.3 Membership Card
A Melbourne Rebels Membership card shall be issued to the following Memberships;
(a) Weary Dunlop Rugby Club;
(b) Platinum, Gold, Silver;
(c) Blue Rebel Army;
(d) Supporter Member; and
(e) International Member
Once a completed Membership Application is sent to the Melbourne Rebels the application is considered final and refunds and exchanges are only permitted as expressed in the “Refund Policy” of these Terms & Conditions.
2.5 Incomplete forms
The Melbourne Rebels shall not process Membership Application that is incomplete and shall not provide a refund if a Membership Application is incomplete.
2.6 Right to refuse
Melbourne Rebels reserves the right to refuse Membership to any person at its absolute discretion.
3. MEMBERSHIP FEES
3.1 Annual Membership
Where applicable, Melbourne Rebels will set the annual Membership fee each year.
Membership shall only apply for the relevant season for which Membership fees have been paid.
When a Member subscribes to the Melbourne Rebels, unless otherwise agreed, all memberships are to be paid in full or by selecting the Monthly Payment Plan. Terms and conditions apply to the Monthly Payment Plan. Please refer to clause 14 of this agreement. All dishonoured cheques will result in the affected Member incurring a dishonour fee charge from the financial institution.
3.4 Full Payment Fees and charges
3.4.1 All 2019 Membership prices are GST inclusive.
3.4.2 All fees are deducted by a third-party ticketing agency (the agency), the agency sets all additional fees and charges as listed in clause 3.3.3 below, these fees and charges can be amended by the agency at any time and have been included in the membership price.
3.4.3 - Additional fees and charges are as follows:
Credit Card fee
1.95% per transaction inclusive in membership price
3.4.5 Full Payment charges relating to Melbourne Rebels Memberships will appear on Members’ credit card statements as ‘MelbRebelsMembership’.
3.4.6 For the avoidance of doubt, all monies outstanding for any activities conducted by the Melbourne Rebels from time to time, in respect of which the Member participates (or has agreed to participate, whether as part of their Membership or otherwise) may be automatically deducted from the account/credit card details supplied by each Member to the Melbourne Rebels on their Membership Application, if not paid and without further notice required to the Member.
3.5 Payment failure
If any amount payable by a Member to the Melbourne Rebels (whether in respect of their Membership or otherwise) is not paid on the due date, access to all Melbourne Rebels functions, Matches and other events will be blocked at the Melbourne Rebel’s discretion.
4. FURTHER CONDITIONS
Conditions of holding a Melbourne Rebels Memberships are as follows:
(a) Melbourne Rebels reserves the right to change all or any of the Membership details enclosed in the Melbourne Rebels Membership offer from time to time, prior to payment of your Membership Fee. If any item included in a Membership cannot be provided at any time by the Melbourne Rebels, then the Melbourne Rebels reserves the right to substitute an item of equal value into the Membership without prior notice and/or liability to the Member.
(b) The number of games played at the Melbourne Rebels home ground is governed by SANZAAR. Melbourne Rebels cannot guarantee the number of games that will be played at home.
(c) Melbourne Rebels reserves the right to offer additional Membership categories, on such terms and conditions as it sees fit. The Melbourne Rebels have the ability to introduce new promotions and offers to Members. Any 2019 member who has purchased prior to these offers will not be able to request a refund.
(d) Melbourne Rebels Membership expires on 31 August of each year (or following completion of the relevant season) unless cancelled or surrendered earlier under these Terms & Conditions. Melbourne Rebels reserves the right to cancel a Membership without refund if the Member breaches the Agreement or any rules & regulations imposed by the venues on Members.
(e) Pursuant to clause 12 of these Terms and Conditions a Membership is not inclusive of Finals Matches.
(f) Tickets to Melbourne Rebels Matches may not, without the prior written consent of the Melbourne Rebels, be resold at a premium nor used for advertising, promotion or other commercial purposes (including competitor or trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, then the ticket may be cancelled and the bearer of the ticket may be denied admission.
5. MEMBERSHIP CATEGORIES
Concession Membership fees apply to holders of a current Pensioner Card (aged, single parent or disability), or Veteran Affairs or TPI Association of Victoria card, or a student holding a full-time Student Card for 2019. You must notify Melbourne Rebels of your concession type and relevant card number on submitting a Membership Application. Concession identification must also be available for presentation when requested upon entry to the venue at matches.
Junior Members with a game day Membership must be 16 years or under as at 1 October 2019 and provide proof of age when requested. Melbourne Rebels does not provide, nor is it responsible for, supervision of Junior Members.
5.3 Little Rebels
Little Rebels Membership does not gain entry to Home and Away season matches. Little Rebels members must be 15 years or under as at 1 October 2019. Melbourne Rebels does not provide, nor is it responsible for, supervision of Little Rebels members.
5.4 Baby Rebels
Baby Rebels Membership does not gain entry to Home and Away season matches. Baby Rebels must be 4 years or under as at 1 October 2019. Melbourne Rebels does not provide, nor is it responsible for, supervision of Baby Rebels members.
5.5 Family Membership
Family Membership includes 2 adults and 2 juniors (aged 4 to 16 years as at 1 October 2019).
5.6 Carer Membership
If a Member has special needs, and holds a state issued Companion card, the Member is eligible to receive a second Membership of the same category at no charge for use by a carer when attending with the paying Member.
5.7 Foundation Membership
Persons who have been a Member of the Melbourne Rebels in each and every Super Rugby home and away season that the Melbourne Rebels have participated in since commencement of the 2011 Super Rugby Competition will automatically qualify for Foundation Membership status (“Foundation Member”) in 2019. Foundation Members are entitled to benefits over and above the benefits provided to members who do not qualify as a Foundation Member (“Foundation Membership Benefits”). Foundation Members will be advised of Foundation Membership Benefits where applicable.
5.8 Silver Stars Membership
5.8.1 Silver Stars Adult and Concession Memberships will receive guest passes. Family Silver Stars Memberships will receive 1 set of guest passes per family of four. Junior Silver Stars Memberships do not receive guest passes.
5.8.2 Silver Stars Members have access to the Silver General Admission areas of the venue.
5.8.3 An equivalent of one guest pass per home game will be issued in total for 2019 per Adult, Family and Concession Silver Stars Membership.
5.9 Blue Rebel Army
Blue Rebel Army Members have access to the Blue Rebel Army general admission areas at the venue.
6. MEMBERSHIP CARDS
6.1 Issue of Membership Cards
Membership cards shall be provided to all Members. A Member’s Membership card is issued for identification and seat allocation purposes.
6.2 Use of Membership cards
Membership cards contain Member details and seating allocation (if applicable) as well as a barcode. Membership cards are to be used as tickets for the Melbourne Rebels home matches. On entry to the venue Membership card’s will be scanned and must be presented upon request.
6.3 Property of Melbourne Rebels
The Membership card remains the property of the Melbourne Rebels. Membership cards may not be sold, exploited for commercial use, or used for promotion purposes or campaigns without the permission of the Melbourne Rebels.
6.4 Lost or stolen Membership cards
6.4.1 A member must immediately report a lost or stolen card to the Melbourne Rebels.
6.4.2 Lost or stolen Membership cards will be cancelled upon notifying Melbourne Rebels.
6.4.3 A new Membership card will be issued to the Member upon repayment of the replacement fee of $15.00.
6.4.4 A new Membership card will be issued prior to the next home match where possible.
6.5 Misuse of Membership cards
The misuse of a Membership card/s, shall result in the Members’ rights being suspended and/or the Membership may be cancelled at the discretion of Melbourne Rebels.
6.6 Faulty Membership cards
Should a Member advise the Melbourne Rebels of a faulty Membership Card, the Melbourne Rebels shall issue a replacement Membership card free of charge.
6.7 Invitee use/temporary transfer of Membership
6.7.1 Where a Member is unable to attend a home match, the Member may apply to transfer their Membership card to another person (“Invitee”) temporarily, provided that the Membership being transferred is at an equivalent level to the Invitee, to avoid doubt concession or junior holders who transfer their Membership/s to an adult will be refused entry and their ticket confiscated at the gate.
6.7.2 The Member acknowledges that their Membership may be cancelled or terminated due to a breach of this agreement or misconduct by the Invitee.
7.1 Match Venue
All dates, times, participating teams and venues of matches will be specified on the official Super Rugby website, www.sanzarrugby.com, and may change from time to time without notice to Members.
7.2 Right to impose additional rules
The organisation in control of each venue used for a Melbourne Rebels Match has the right to impose on Members additional rules and regulations and other operational decisions as may be directed by those organisations from time to time in its discretion (and such rules and regulations may differ between Membership categories of the Melbourne Rebels).
Members must comply with the rules and regulations imposed by the organisation in control of the venues, where Melbourne Rebels matches are played. If any of these Terms and Conditions or rules and regulations are breached, Melbourne Rebels and the venue reserves the right to refuse entry or to remove Members from the venue.
7.4 No liability
The Melbourne Rebels shall not be liable to Members for any matters arising as a result of the implementation of any such rules and regulations and Members must not do anything to cause the Melbourne Rebels to breach any obligations of the Melbourne Rebels to any venue or the league.
8. USE OF MEMBER INFORMATION AND CHANGES TO MEMBER INFORMATION
8.1 Member Communications
8.2 Change of information=
Members must notify the Melbourne Rebels, in writing, as soon as possible of any change in circumstance including but not limited to the issuing or withdrawing of concession status; Member contact details; or other details that could affect the Membership held with the Melbourne Rebels. Members can update their contact information online at www.melbournerebels.com
9. NO ADDITIONAL RIGHTS
Melbourne Rebels Membership does not entitle the member to any other right except as expressly set out in the Agreement and the Melbourne Rebels Membership offer.
9.2 No right to vote
Membership does not give a member the right to vote in any meeting of Melbourne Rebels, to vote for any position on the Board of Directors or to participate in any dividend entitlement of any nature whatsoever.
A member may surrender Membership at any time by notice in writing to Melbourne Rebels (although any surrender of Membership does not entitle a Member to a refund of some or their entire Membership fee).
10.1 Membership seating
The Melbourne Rebels shall allocate a member’s seat on a “best available seat basis” available at the time of the Members request.
10.2 Reserved seating requests
If a Member would like to request a particular location for their reserved seat/s, or a Member would like to request a change to their existing seat, they are required to complete the Seating Preference section of their application/renewal form and return to the Melbourne Rebels. Melbourne Rebels will allocate new seating and change requests in the Weary Dunlop Rugby Club, Platinum and Gold Membership categories in date order of receipt from October 2019.
Reserved seating requests can be made when renewing or joining online via www.melbournerebels.com. Seating requests are not a confirmation of the seating allocation/change.
10.3 Seating request unavailability
Membership Applications are not subject to confirmation of seating requests. The Melbourne Rebels shall make all efforts to accommodate seating requests made at the time of receipt of the Membership Application, however in the event a seating request is unable to be allocated to the Member then the Melbourne Rebels shall not provide a refund.
10.4 Group seating requests
10.4.1 When booking seats, Members may request that a group of fellow Members be seated together.
10.4.2 For group seating, Membership Applications for each Member must be submitted together with a Reserved Seat Request Form attached to the front. If Membership Applications are not submitted together, Melbourne Rebels cannot guarantee Members will be seated together in accordance with any requests.
10.4.3 When a group seating Membership Application is submitted and different Membership categories are requested, each Membership will be allocated to the lowest priority reserved seating Membership category. The priority of reserved seating Membership categories is as follows:
1. Weary Dunlop Rugby Club
10.5 AAMI Park Stadium roof line seating
Reserved seats allocated in the Weary Dunlop Rugby Club, Platinum, Gold or Silver categories under the AAMI Park Stadium roof line do not guarantee protection from the weather.
10.6 Restricted Viewing
Whilst the Melbourne Rebels have taken due care to notify Members of areas of restricted viewing, additional seats may be sight restricted by match day signage or other operational requirements as directed by the venue or the League.
10.7 Members without a reserved seat
Members without a reserved seat should note that entry to home games is not guaranteed and is subject to the ground capacity on the day.
10.8 Seating at alternative venue’s
10.8.1 In the event that a Melbourne Rebels match is played at Marble Stadium or an alternative stadium, due to the different seating configuration available, the same seat allocations provided to a Member at AAMI Park will not be available.
10.8.2 Melbourne Rebels will allocate seating at Marble Stadium or an alternative stadium based on the level of Membership held. The order of reserved seat allocation priority for
Melbourne Rebels’ matches at Marble Stadium or an alternative stadium is based on the following Membership category:
1. Weary Dunlop Rugby Club
4. General admission Membership
11. PRE-MATCH AND POST-MATCH FUNCTIONS
11.1 Weary Dunlop Rugby Club Membership
Weary Dunlop Rugby Club Membership includes access to the Weary Dunlop function on Level 2 of AAMI Park, this includes a pre-match and post-match function.
11.2 Platinum Members
Platinum Members shall have access to the post-match Weary Dunlop function on Level 2 of AAMI Park.
11.3 Gold Members
Gold Members shall have access to the post-match Weary Dunlop function on Level 2 of AAMI Park on three occasions as selected by the Melbourne Rebels. The selected dates shall be at the discretion of the Melbourne Rebels and shall be communicated to Gold Members the week of the selected match.
11.4 Silver Stars members
Silver Stars Members shall have access to the Weary Dunlop function on Level 2 of AAMI Park only on one occasion, as selected by the Melbourne Rebels. The selected dates shall be at the discretion of the Melbourne Rebels and shall be communicated to Silver Stars Members the week of the selected match.
11.5 Additional Pre & Post Match Functions
11.5.1 Additional post-match functions will be at the discretion of the Melbourne Rebels and will be communicated to the eligible Members.
11.5.2 Pre-match and post-match functions will be fully licensed events unless otherwise communicated to Members. Minors are permitted entry to pre- and post-match functions when accompanied by an adult. Minors must be supervised by an adult at all times at pre and post-match functions. Melbourne Rebels does not provide, nor is it responsible for, supervision of minors.
11.5.3 Access to pre and post-home match functions is limited to a maximum of 1,000 attendees. Once the designated room at the relevant venue is full, the Melbourne Rebels may refuse entry to any other Member, regardless of whether their entitlements include the ability to access such pre and post home match functions.
12. SUPER RUGBY FINALS MATCHES
12.1.1 Finals Matches are administered by SANZAAR and the ARU. In the event the Melbourne Rebels qualify for the 2019 finals, Melbourne Rebels Members are granted priority access to purchase ticket/s to Finals Matches prior to tickets going on sale to the general public. Members shall be advised when tickets will be available for purchase.
12.1.2 Melbourne Rebels cannot guarantee that a Member will have access to their reserved Home and Away season seat(s). Members may request the same Home and Away season seat(s) with the ticketing agency at the time of purchasing their Finals Match ticket(s) however seat requests are subject to availability.
12.1.3 The priority order of Member ticket purchases for Finals Matches is as follows:
1. Weary Dunlop Rugby Club
2. Platinum and Gold Members
3. Silver and Blue Rebel Army Members
12.1.4 Weary Dunlop Rugby Club, Platinum and Gold Membership offer guaranteed Super Rugby Final ticket access but must be purchased during the designated booking period.
12.1.5 Non-match day Memberships including Supporter, Little Rebels and Baby Rebels do not have access to priority ticket purchases to Finals Matches.
13. MEMBER ADD-ON MERCHANDISE
Unless otherwise specified, the Member add-on merchandise will be mailed with 2019 Membership packages.
14. MEMBERSHIP PAYMENT
14.1 Annual Payment Plan
14.1.1 The Payment Plan enables you to automatically roll over your membership from year to year. Melbourne Rebels Payment Plan is open to all members who elect to pay for theirseason membership online by credit or debit card.
14.1.2 If you pay your membership fees by credit or debit card online, unless you elect to opt out of Payment Plan in accordance with directions issued by Melbourne Rebels from time to time, you authorise Melbourne Rebels to automatically renew your membership each season into the same seat and package and to deduct the applicable membership fees from the credit or debit card used to purchase your previous membership.
14.1.3 You acknowledge that membership fees may increase from season to season. Melbourne Rebels will provide reasonable prior notice of any changes to membership fees.
14.1.4 If you participate in the Payment Plan, Melbourne Rebels will contact you prior to processing any renewal. You will have 28 days from the date of notice to advise Melbourne Rebels of any changes or upgrades you wish to make to your membership package, or to notify Melbourne Rebels in writing if you do not wish to roll over your membership into the next season. Strict timeframes apply. If you do not notify Melbourne Rebels that you do not wish to roll over your membership during this period, you will be taken to have agreed to your membership being rolled over.
14.1.5 By joining the Payment Plan, you authorise Melbourne Rebels to arrange a transfer of funds from your nominated credit or debit card or debit card in the amount applicable to your membership type and at the intervals which applied in relation to the preceding season.
14.1.6 If you wish to change your nominated credit or debit card from which payments are deducted at any time, you will need to contact the Membership Team on 1300 467 323.
14.1.7 If the request for funds due on the nominated debit date is dishonoured by your financial institution, Melbourne Rebels will attempt to debit your account in the next three business days following the nominated payment date.
14.1.8 Any junior member who no longer meets age restrictions will automatically be upgraded to a concession member. This information will be outlined in the renewal roll-over communication. This also applies to juniors members in family memberships.
14.1.9 Before the Payment Plan begins, members must provide Melbourne Rebels with their full address details, an email address and mobile or home phone number. You must ensure all contact details are up-to-date and notify Melbourne Rebels of any changes.
14.1.10 You must ensure that: (a) the account details you have provided are correct, and notify Melbourne Rebels immediately should the expiry date change within the 8-month plan; (b) you have sufficient clear funds available on your nominated Credit/Debit card on the scheduled instalment date.
14.1.11 Any person who holds a concession membership (including as a result of an upgrade in accordance with paragraph (h), must provide proof of concession. Your concession card must be valid for the whole season. New concession details are to be provided on application form and again when the card expires. Failure to do so may result in application automatically being processed as an adult membership or refusal of entry at the gates.
14.1.12 If your debit is returned or dishonoured by your financial institution, Melbourne Rebels will contact you to request immediate payment. Any fees levied to you by your financial institution will be payable by you.
14.1.13 If your membership is suspended or cancelled due to non-payment of dues, your membership barcode will be blocked and you will not be able to gain access to any games.
14.1.14 Members with outstanding debt will be unable to renew their membership until all outstanding money owed is paid in full.
14.1.15 Melbourne Rebels accepts no liability for any matter arising from your use of the annual payment plan.
14.1.16 If you believe that a withdrawal has been initiated incorrectly, please contact the Membership Team on 1300 467 323.
14.2 Monthly Payment Plan Instalment and Fees
14.2.1 Members may purchase Memberships through a part payment plan over up to eight (8) months.
14.2.2 The Melbourne Rebels shall engage in a third party service provider to collect all part payment fees.
14.2.3 Every payment will be deducted on the 15th of the month. Should the 15th of any month fall on a weekend or public holiday, the instalment will be deducted on the next business day.
14.2.4 Part Payment Plans incur additional fees and charges these are as follows:
Reversal Fee (in the event of an unsuccessful payment attempt) $10.00
Refund Fee $10.00
14.2.5 In addition to the Membership Fees, Members agree to pay the additional fees and charges listed in clause 14.1.2, each instalment shall incur a direct debit or credit card transaction fee which is included in the membership price, the instalment schedule is as follows:
Instalment 1 15th October 2018
Instalment 2 15th November 2018
Instalment 3 15th December 2018
Instalment 4 15th January 2019
Instalment 5 15th February 2019
Instalment 6 15th March 2019
Instalment 7 15th April 2019
Instalment 8 15th May 2019
14.2.6 Members who purchase a Membership after the first instalment date of 15th October 2018 shall be required to pay any instalments that have accrued under the payment plan.
14.3 In the event that a Membership payment is not processed for any reason, the Melbourne Rebels shall inform the Member, the member may be liable to pay the Reversal Fee if the failure to process payment is due to an unsuccessful payment attempt which arises as a result of an act or omission of the Member.
15. REFUND POLICY
15.1 Refund Request
Any person seeking a refund must do so in writing, addressed to the Melbourne Rebels Membership Manager. Refunds will be at the sole discretion of the Membership Manager of the Melbourne Rebels and only granted in exceptional circumstances. Should any refund request be approved by the Melbourne Rebels, the Member will need to return their Membership pack and Membership card to the Melbourne Rebels (at their cost) before a refund can be processed. All items returned must also be in a good state of repair (or the cost of repair or replacement may be deducted from the amount of the agreed refund).
15.2 Use of Membership
A request for Membership refund shall not be considered by the Melbourne Rebels if the relevant Member has utilised their Membership for entry to any match (or any other event or function included in their Membership) prior to making any refund request.
Melbourne Rebels is not liable to Members for any loss or damage Members suffer as a result of the Super Rugby Competition or any match being cancelled, postponed or changed and the Member acknowledges that any such change or postponement will be at the sole direction of the league or the venue.
16. BEHAVIOURAL STANDARDS – CODE OF CONDUCT POLICY
All Members must at all times comply with the behavioural standards and code of conduct of Melbourne Rebels (“Codes of Conduct”). All Members must refrain from using offensive language or making racist remarks.
The Melbourne Rebels reserves the right to refuse entry to any person (including Members) for any breach of the applicable Code of Conduct and Members who breach the Code of Conduct may face Membership penalties, including cancellation without refund as more particularly described in the relevant Code of Conduct. The Melbourne Rebels reserves all its rights to remove any person, including Members or Member guests, from the venue on Match Day for any breach of the applicable Code of Conduct.
Click here to view the Code of Conduct. https://melbournerebels.com/membership/faqs/code-of-conduct/
Membership may be terminated by the Melbourne Rebels for failure to comply with the terms of the Agreement. A Membership may also be cancelled due to the misconduct of a Member or their invitee in accordance clause 18 below.
18. LIABILITY AND INDEMNITY
18.1 Responsibility for damage
A Member is responsible for any damage which the Member, their guests or any Invitee may cause at any match, function or event of the Melbourne Rebels if such damage is caused by the Member’s (or their guest or Invitee’s) wilful act or negligence.
18.2 Limitation of liability
The maximum aggregate liability of the Melbourne Rebels for all proven losses, damages and claims arising out of this agreement including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims of the total amount payable under a Member’s annual Membership.
Where Melbourne Rebels’ liability cannot be excluded under any law, Melbourne Rebels’ liability will be limited to, at its discretion, either re-supplying the Membership to you or paying you the cost of re-supplying the Membership to you. Notwithstanding any other clause, Melbourne Rebels is not liable to you or to any other person for any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by any person or any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed. Each Member unconditionally releases the Melbourne Rebels (and its employees, officers and agents) from any loss or claim which a Member might otherwise have against Melbourne Rebels or its employees, officers or agents for any:
(a) injury or loss suffered by any person, regardless of the cause;
(b) damage or theft to or loss of the Member’s property, regardless of the cause; or
(c) damage or theft to, or loss of, any property, regardless of the cause for any reason relating to use of a Membership or attendance at any match, event or function run by Melbourne Rebels.
You agree to indemnify Melbourne Rebels and its employees, officers and agents in respect of all losses, claims and damages that may be brought against the Melbourne Rebels or its employees, officers or agents as a direct or indirect result of use of the Member’s Membership or attendance at any match, event or function.
19.1 Melbourne Rebels makes no representations or warranties of any kind, express or implied as to the operation of their Memberships. Each Member expressly agrees that their use of Melbourne Rebels Membership is entirely at their own risk. However, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by Agreement.
19.2 To the fullest extent permitted by law, Melbourne Rebels disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose or warranties concerning accuracy, currency or completeness. Melbourne Rebels will not be liable for any damages of any kind arising from the use of a Member’s Membership or attendance at any match, event or functions run by the Melbourne Rebels.
20. Privacy notification
Melbourne Rebels uses the personal information it collects on the Membership Application for the limited purpose of processing and administering your Membership and providing you with information, materials and promotions relating to Melbourne Rebels, its sponsors and the Australian Rugby Union Ltd, and will be applied in accordance with these Terms & Conditions.
By agreeing to become a Member of Melbourne Rebels, you agree that your personal information pertaining to your Membership may be disclosed to the Australian Rugby Union Ltd. Subject to the preceding paragraph, you may be contacted by Australian Rugby Union Ltd and Melbourne Rebels’ sponsors during the life of your Membership in connection with their special offers and other information about their services and products. If you do not wish to receive any such information please tick the relevant box on the Membership Application.
In some circumstances, you may be entitled to gain access to the information Melbourne Rebels holds about you. If you wish to do so, please contact Melbourne Rebels in writing at the address below:
The General Counsel
Melbourne Rebels Rugby Union Pty Ltd
PO Box 4046 Richmond
VIC 83121, Australia
Phone: 1300 GO REBELS (1300 46 7323)
Fax: +61 3 9923 630.
21.1 If there is any inconsistency between information in the Melbourne Rebels Membership offer or the Membership Application and these Terms & Conditions, then these Terms & Conditions will prevail to the extent of that inconsistency.
21.2 Failure by the Melbourne Rebels to enforce any of its rights under this Agreement at any time for any period will not be construed as a waiver of those rights.
21.3 Where a provision in the Agreement is deemed to be invalid or unenforceable by a Court of Law in Victoria, the provision will be deleted from the Agreement but such deletion will not affect the validity and enforceability of the remaining provisions in the Agreement.
22. GOVERNING LAW
The Agreement is governed by the law in force in Victoria, and the parties submit to the exclusive jurisdiction of the courts in Victoria.