WORKPLAY MEMBERSHIP TERMS & CONDITIONS The Australian Football League ACN 004 155 211 (Company) operates the workplay program, including the workplay online platform (Platform). The Company will facilitate access to the Platform by female athletes (Athlete Members) and organisations offering opportunities to the Athlete Members (Organisation Members) (an Athlete Member and an Organisation Member referred to as Member or you). By completing a workplay expression of interest registration through the Platform (Registration), or accessing or using the Platform, Members agree to accept and be bound by the following workplay Membership Terms and Conditions (Terms), which shall form a legally binding agreement between the Member and the Company. Unregistered users of the Platform are Visitors and will also be bound by these Terms to they extent they use and access the Platform.
1. Membership Rights as a Member
1.1 Members will be granted a workplay membership on completion of their Registration (Membership), following which they will be permitted to access and use the Platform on these Terms, may be granted access to networking events and functions facilitated by the Company (Events) and may be offered other benefits as determined by the Company from time to time (Membership Benefits). Specific benefits for Organisation Members will be set out in a separate contract between each Organisation Member and the Company (Organisation Contract).
1.2 Membership Benefits must not, without the prior written consent of the Company, be transferred, assigned or offered for resale at a premium (including via online auction sites or through a broker or agent) to a third party or be used for advertising, promotion or other commercial purposes (including competitions and trade promotions), or to enhance the demand for other goods or services. Your Membership may be suspended or cancelled by the Company at its sole discretion without a refund if you breach this condition.
2. Term of Membership
2.1 For Athlete Members, the term of your Membership commences from Registration and continues until you remove your athlete profile from the Platform, or such earlier time as determined by the Company.
2.2 For Organisation Members, the term of your Membership will be a 12 month period as set out in your Organisation Contract (Membership Term).
2.2 For Organisation Members, the term of your Membership will be a 12 month period as set out in your Organisation Contract (Membership Term). The Company shall notify you of the expiry of your Membership at least 30 days prior to expiry of the Membership Term and will invite you to renew your membership for a further 12 months.
2.3 Organisation Members cannot cancel their Membership prior to the expiry of the Membership Term.
2.4 The Company may suspend or terminate your Membership, including your access to all or any part of the Platform, at any time if you breach these Terms or any Organisation Contract, if applicable, in the Company’s reasonable opinion.
3. Fees (Organisation Members only)
3.1 Organisation Members must pay to the Company or its nominee the Membership fees as set out in the Organisation Contract. Membership fees must be paid annually in advance of your Membership Term.
3.2 For any Event attended by a Member which is above or in addition to its Membership Benefit entitlements, booking fees will apply to each Event ticket either pre-booked or obtained on the Event day.
3.3 The Company acting reasonably and by notice to the Organisation Member in writing is entitled to vary the annual Membership fee at the time of renewal of your Membership for a further Membership Term under clause 2.2.
3.4 The above payments shall be charged to or paid from the method nominated in the Organisation Contract. If the Company (or its nominee) is unable for any reason whatsoever to charge any of the above fees to be paid from your credit card/direct debit facility as and when it is entitled to in accordance with these Terms, Organisation Members may be charged an administrative fee, and your Membership (including access to the Platform) may be terminated or suspended, at the discretion of the Company.
3.5 Except to the extent required by law, Memberships are non-refundable, however requests for refunds may be made in writing, which shall be determined at the sole discretion of the Company.
3.6 Membership fees will not be discounted or refunded if a Membership commences after Events to which Organisation Members are ordinarily entitled to attend have already occurred or if an Organisation Member elects not to attend such Events.
4. Membership Terms and Conditions
4.1 Your Membership is governed by these Terms. You automatically become bound by these Terms once your Registration has been completed or to the extent you are using and accessing the Platform as a Visitor.
4.2 The Company reserves the right to not accept any Registration in its absolute discretion.
4.3 These Terms and the terms of any Organisation Contract, if applicable, are the only obligations of the Company in relation to your Membership and set out all the rights the Company grants to you as a Member. There are no other obligations, warranties, representations or promises made to you or relied on by you in completing a Registration. To the maximum extent permitted by law, the Company excludes all expressed or implied warranties or representations, including any as to the condition, quality, suitability or safety of any services or goods provided by the Company as part of the Membership Benefits, or from third parties via the Platform.
4.4 Prior to the commencement of each Event (or at other times determined by the Company) the Company may issue you all or some of your tickets. The Company reserves the right to issue electronic tickets at its discretion. The Company is not liable for the loss of Event tickets or other items while they are in transit to a Member.
4.5 Events staged by the Company may require Members to agree to specific terms and conditions of entry at the venue where that Event is held. In such cases, the Company will notify you of those venue terms and conditions prior to the Event. By attending the Event you acknowledge and agree that you have read and will comply with those terms and conditions which shall be incorporated into these Terms by reference for the duration of that Event.
4.6 You acknowledge that, in respect of each Event, the Company does not guarantee that you will be able to obtain additional tickets to Events beyond tickets allocated to you as part of your Membership Benefits.
4.7 As part of your Membership Benefits, you will be granted access to the Platform. By using the Platform you agree not to use the Platform for any purpose other than as expressly authorised by these Terms or the Membership Benefits or do anything which infringes the AFL’s intellectual property rights in the Platform, including but not limited to:
(a) copying, reproducing, distributing, publishing, reverse-engineering, decompiling, translating or disassembling the Platform;
(b) bypassing, or attempting to bypass, any security features of the Platform, or introducing, uploading or transmitting any harmful code or software to the Platform;
(c) assigning, transferring, selling, leasing, licencing, or sub-licencing your access to the Platform via your Membership to any third party, or providing any third party with access to the Platform other than as expressly permitted by these Terms;
(d) taking any action to impair, prejudice or diminish the AFL’s intellectual property rights in the Platform.
4.8 In relation to your obligations under clause 4.7, you agree:
(a) that any breach of clause 4.7 may result in suspension or termination of your Membership;
(b) to indemnify the Company for all loss or damage suffered by the Company in relation to a breach of clause 4.7;
(c) to comply with all reasonable directions of the Company with respect to use of the Platform; and
(d) to notify the Company of any breach or alleged breach of clause 4.7 by any person and comply with all reasonable directions of the Company to protect against unauthorised use or access to the Platform which may affect the Company’s intellectual property rights in the Platform.
4.9 By using the Platform, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading or otherwise harmful. You agree that the Company is not responsible for others’ (including other Members’) content or information.
4.10 Depending on an Organisation Contract, Organisation Members may be entitled to make offers to sell certain goods or services to Athlete Members via the Platform (Offers). The Platform is a forum for advertising those Offers only. While the Company will take reasonable steps to ensure that all Offers advertised on the Platform are accurate and comply with applicable laws, it is not responsible for the contents of, and will not be party to any transaction relating to an Offer. To the extent permitted by law, the Company disclaims all liability in relation to any Offer (including the goods and services subject of that Offer) advertised on the Platform.
4.11 You may form connections and/or more formal arrangements with other Members including in relation to employment (Member Connections). The Platform is a forum for facilitating introductions to make those Member Connections only. While the Company will take reasonable steps to ensure that any representations made on the Platform with respect to proposed Member Connections are accurate and comply with applicable laws, it is not responsible for, and will not be party to any formal engagements relating to, any Members Connection. You acknowledge that nothing in these Terms shall create an employment, agency, or joint venture relationship between the Company and any Member. To the extent permitted by law, the Company disclaims all liability in relation to any Member Connections initiated through on the Platform.
5. Privacy Consent
5.3 As part of the Membership Benefits, Members may be given opportunities to connect with other Members on the Platform, at Events or otherwise in connection with the use of the Membership Benefits for networking purposes. Other than Personal Information included in a Member’s athlete or organisation profile (as applicable), the Company will not under any circumstances disclose a Member’s Personal Information to another Member for these purposes. You acknowledge and agree that:
(a) any disclosure by you of your Personal Information to other Members in connection with your use of the Membership Benefits is disclosed at your own risk;
(b) maintaining the confidentiality of any Personal Information received in connection with your use of the Membership Benefits is your responsibility;
(c) any unauthorised use or disclosure of a Member’s Personal Information by you in connection with your use of the Membership Benefits may result in suspension or termination of your Membership; and
(d) to the extent permitted by law, the Company disclaims all liability arising from any breach by you of this clause 5.3 and you indemnify and release the Company from all liability in relation to all such claims.
6. Copyright and Trade Marks
6.1 You may be permitted by the Company to submit, post, transmit or otherwise make material available via the Platform (Your Content). If you do so, you grant to the Company, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content for the reasonable purposes of our business, and the right to sub-license those rights to others. You warrant that you have the right to grant this licence, that our exercise of the licence rights will not infringe the intellectual property rights of any person, and that Your Content is not defamatory and does not breach any law. We may monitor or review Your Content, but we are not obliged to do so. We may also alter or remove any of Your Content at any time.
6.2 All copyright and other intellectual property rights subsisting in the Platform and the material on the Platform (including, without limitation, the software, design, text and graphics comprised in the Platform and the selection and layout of the Platform) are owned or licensed by the Company and protected by the laws of Australia and other countries. You are authorised to view the Platform and its contents using your web browser. Other than Your Content, you must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Platform, including audio and video excerpts, except as permitted by statute or with the Company’s prior written consent.
6.3 The Platform includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word workplay and the workplay logo. You may not use any of these trade marks without the Company’s prior written consent.
6.4 The Platform may contain links to third party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites solely at your own risk.
7.1 You must not post or transmit to or via the Platform any information or material or otherwise use the Platform for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things. You warrant that any information provided by you is true and correct. If the Company determines at any time that any information provided by you is false or misleading, or is otherwise in breach of this clause 7.1, without limiting any rights the Company may have, the Company may at its discretion cancel your Membership and any Membership Benefits.
7.2 The Company will not be responsible for any failure to comply with any obligation under this agreement, including the failure to stage Events or otherwise provide any Membership Benefits, where that failure is unforeseen and due to causes beyond the control of the Company (Unforeseen Circumstance). These causes include fire, storm, flood, earthquake, explosion, accident, war, rebellion, insurrection, transportation embargoes, inability to secure raw materials, acts of God and any Government restrictions imposed by a Government in response to a pandemic.
7.3 To the maximum extent permitted by law, the Company excludes all liability for any losses (including indirect or consequential losses), damages, expenses, liabilities or claims suffered or incurred by you or anyone other person in connection with your Membership, or arising directly or indirectly out of use of any Membership Benefits, including entry into or use of a venue hosting an Event.
7.4 If the Competition and Consumer Act 2010 (Cth) or any other applicable State legislation implies a condition or warranty into these Terms that cannot be excluded and in respect of services supplied by the Company, the Company’s liability for any breach of any such condition or warranty is, to the extent permitted, limited to, at the option of the Company, the supplying of the services again or the payment of the cost of having the services supplied again.
7.5 Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable law which may not be excluded, restricted or modified by agreement.
7.6 The Company may assign or otherwise deal with all or any of its rights under these Terms in any way it considers appropriate. You agree that the Company may disclose any information or documents it considers necessary or desirable to assist it to exercise this right, including (at any time) to any person to whom the Company assigns all or any of its rights under these Terms.
7.7 Without limiting clause 7.6, you acknowledge that the Company may, in the future, wish to novate all or any part of its rights and obligations under these Terms to another operator. You hereby irrevocably grant to the Company your consent to the Company novating those rights to another operator (Transferee) all or any part of its rights and obligations under these Terms and Conditions. You acknowledge and agree that such novation may take place without any further consent from you. If the Company so novates all or any part of its rights and obligations under these Terms, the Company will provide you with (at the last email address for you held in the Company’s records) written notice of the novation, which novation will take effect on and from a date agreed between the Company and the Transferee (as notified by the Company to you).
7.8 The Company may from time to time vary these Terms. The Company will communicate any material changes to Members using the email provided by a Member in either their Registration or an Organisation Contract (as applicable). If you object to any changes, you may either remove your athlete profile if you are an Athlete Member or terminate your Organisation Contract in accordance with the terms of that contract if you are an Organisation Member. Your continued use of the Platform after we publish or send a notice about changes to these Terms means that you are consenting to the updated terms as of their effective date. Members will have no claim against the Company by reason of any change made to these Terms.