Terms And Conditions Of Participation
Basketball Australia terms and conditions of participation can be found here
The following Terms & Conditions relate to Basketball Victoria participants and/or users of the “PlayHQ” platform.
A completed “User Profile”, any “Registration Form” and these “Terms and Conditions of Participation” (which may be amended by Basketball Victoria from time to time) are the conditions upon which you agree to allow your child/dependent or yourself (if applicable) to participate in basketball in Victoria as described within these Terms & Conditions.
You (being the participant, parent/guardian or an approved authorised representative acting on the participants behalf – eg carer / state warden) agree that you have read and understood the terms and conditions of registration and that the details provided on the participant/user profile and relevant registration form(s) are, to the best of your knowledge true and correct. You agree that you either are the participant, or that you have the participant’s authority and consent to bind the participant to these terms and conditions.
Application to participate – Parent / Guardian / Individual
(a) You warrant that your child/dependent (if applicable) is of the true and correct age at the time of their account/profile set up and subsequent registration form(s) and agree that you will, if requested by Basketball Victoria, provide evidence of your child/dependent(s) age.
(b) You must, for yourself or each child/dependent you are registering:
- Set up a profile in PlayHQ and complete a relevant online registration form;
- If required – pay the relevant 365-day registration fee to Basketball Victoria by completing the online payment gateway information during an online registration to your affiliated club and/or association;
- agree that you or your child/dependent understands and will comply with all BV policies, codes of conduct and by-laws and consents to the jurisdiction of Basketball Victoria’s tribunals (as stated in basketballvictoria.com.au/policies);
- acknowledge that any failure by you to adhere to the Rules, Regulations and Policies of the Club, Association, BV or BA, may result in you being sanctioned or de-registered; and acknowledge that you may access copies of the Rules, Regulations, By-Laws and Policies referred to above upon request to any of the relevant bodies.
By completing a registration form, the participant, parent, guardian or authorised representative of the participant acknowledges that they have read and explained the contents of this registration form to the participant, and consents to the participant being bound by these terms and conditions and to their participation in the sport of basketball in Victoria.
Assumption of Risk
By agreeing to these terms and conditions, you acknowledge and agree that:
a) basketball is a body contact sport in which physical injury may occur from time to time; and
b) you take upon yourself the risks arising in the course of participating in basketball and basketball-related activities.
Injury, Loss or Damage to Persons or Property
You undertake and agree that if you or your child/dependent cause injury, loss or damage to any other person or property in any way, I shall pay for that injury, loss or damage as required by law and I shall keep Basketball Victoria, its servants and agents indemnified against such injury, loss or damage unless such injury loss or damage was covered by an insurance policy held by Basketball Victoria.
You undertake that if you or your child/dependent are injured or suffer loss or damage to property, Basketball Victoria, its servants and agents shall not be responsible for such injury, loss or damage whether or not such injury, loss or damage was caused by Basketball Victoria or its servants and agents, by negligence or otherwise, unless such injury loss or damage was covered by an insurance policy held by Basketball Victoria.
Cancellation, Refunds and Termination
(a) Once you have registered and paid your Basketball Victoria registration, a refund will only be provided in the following circumstances:
(i) The participant has a medical condition which prevents them from any further activity which occurs within the first 3 months of registration and will preclude any activity for the remainder of the registration period (a doctor’s certificate will be required); or
(ii) At Basketball Victoria’s sole discretion
(iii) A payment gateway or system error eg duplicate payment
- Players can play up to 2 games as a casual / fill-in player in any 12 month period, once fully registered a refund will not be given unless the above criteria has met.
- Once approved – any refund will be transferred back to participant / guardian minus payment gateway transaction fees, unless BV deems appropriate to cover.
Questions regarding a refund should be directed to Basketball Victoria via email (email@example.com).
Communications from Basketball Victoria or affiliates
You will be contacted by affiliated associations, clubs and/or Basketball Victoria for basketball related activities, this is compulsory and part of the terms of participation.
You consent to receive basketball related, marketing communications from Basketball Victoria, you can easily opt-out or unsubscribe from specific marketing communications at any time by using the unsubscribe button/link hat is contained in the relevant communication(s) sent to you or by contacting us at firstname.lastname@example.org .
If any person requires information about the way BV manages you or your dependents personal information or has any queries, problems or complaints the person should also contact us via email@example.com or 03 9837 8000.
You acknowledge and consent to Basketball Victoria, its staff, affiliated associations and clubs, and any authorised individuals creating content which may involve the registered participant – including images and videos – within any Basketball Victoria sanctioned competition, program or event for the sole purpose of promoting the game of basketball in Victoria. Further, you consent to use of the participant’s name, image, likeness as well as their performance from within any BV sanctioned game, program or event, at any time, for the usage of Basketball Victoria or its affiliated partners for the purposes of content production and communication. You acknowledge and agree that such images and videos are owned by Basketball Victoria and that Basketball Victoria may use any images or videos for promotional or other purposes without payment or other consideration. If you choose not to consent or approve the use of images or likeness of the registered participant then please contact Basketball Victoria’s Communication Team – firstname.lastname@example.org
Safeguarding Children and Young People
Basketball Victoria is committed to creating an environment where the community can enjoy participation in our activities, events or programs without experiencing abusive, insulting, threatening or other anti-social behaviour.
We call on all parents / guardians / carers and other spectators associated with Basketball in Victoria to:
- observe and understand our organisation’s Codes of Conduct and Child Safe Standards;
- when necessary, politely and respectfully remind others of their obligations under the Code of Conduct; and
- in the event of serious or ongoing breaches of the Code of Conduct or Child Safe Standards by another person, to report the matter to a club or association official or Basketball Victoria so that appropriate action can be taken.
BV’s Child Safe Standards can be found at the following link: https://basketballvictoria.com.au/child-safe-standards/
Affiliated Associations and Clubs have legal obligation to report suspected child abuse to the Victoria Police and other selected authorities (mandatory reporting).
Australian Consumer Law and Fair Trading
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 and Fair Trading Act 2012 (Vic), 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 statutory guarantees do not apply to You. Warning Under the Australian Consumer Law and Fair Trading Act 2012: 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 provided 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 (Vic): You agree that the liability of Basketball Victoria or Basketball Australia for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) 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.