Definitions

In these terms and conditions:

  1. You or Your: refers to the participant, parent / guardian or an approved authorised representative acting on behalf of the participant, e.g. carer / state warden.
  2. Basketball Australia: refers to BA Limited (ABN: 57 072 484 998).
  3. Basketball ACT: refers to ACT Basketball Inc (ABN: 11 936 731 929).
  4. BACT Activities: refers to the attendance, performance or participation in any capacity in any activity sanctioned by Basketball ACT, including events, programs, competitions and activities, including but not limited to participation in Basketball as a player, coach, referee or administrator.
  5. Sanctioned Activity: Any activity formally approved or facilitated by Basketball ACT.
  6. BACT Participant: refers to the participant being registered to partake in BACT Activities.

Rules of Membership and Participation

THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY. BY PROCEEDING WITH THE ONLINE PARTICIPANT REGISTRATION FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND ALL SUPPORTING MATERIAL REFERRED TO WITHIN.

This document is taken to be read in conjunction with ‘The Basketball Network Participant Registration – Terms and Conditions’ published by Basketball Australia (‘the Basketball Australia Terms’). The current Basketball Australia Terms can be found HERE .

To the extent that there is any conflict or inconsistency between the Basketball ACT terms and the Basketball Australia Terms, the Basketball Australia Terms will prevail.

The following Terms & Conditions (‘BACT Terms and Conditions’) relate to  BACT participants and/or users of relevant digital storage platforms and partners of Basketball ACT, including the PlayHQ platform (domestic competitions and programs, tournaments and events), integrated third-party providers such as Glory League, HUDL or Efficialtec (for referees and all technical officials).

A completed “User Profile”, any “Registration Form”,the BACT Terms and Conditions (which may be amended by Basketball ACT from time to time) and the Basketball Australia Terms are the conditions of registration upon which you agree to allow the BACT Participant  to participate in BACT Activities in the ACT.

You agree that you have read and understood the BACT Terms and Conditions 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 BACT Participant, or that you have the BACT Participant’s authority and consent to bind the BACT Participant to the BACT Terms and Conditions.

Application to participate – Parent / Guardian / Individual

  1. You warrant that the BACT Participant 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 ACT, provide evidence of the BACT Participant(s) age.
  2. For each BACT Participant you are registering, you:
  3. Set up a profile in PlayHQ, or Efficialtec and complete the relevant online registration form;
  4. If required – pay the relevant (annual) licence fee to Basketball ACT by completing the online payment gateway information during an online registration to your affiliated club;
  5. agree that the BACT Participant understands and will comply with all Basketball ACT policies, codes of conduct and by-laws and consents to the jurisdiction of Basketball ACT’s tribunals;
  6. acknowledge that any failure by you to adhere to the Rules, Regulations and Policies of the Club, Basketball ACT or Basketball Australia may result in you and / or the BACT Participant 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.
  7. By completing a registration form, you acknowledge that you:
    1. have read and understood the content of the BACT Terms and Conditions and consent to being bound to same when participating in any BACT Activities; and
    1. Where applicable, have read and explained the contents of BACT Terms and Conditions to the BACT Participant, and consent (on behalf of the BACT Participant)to the BACT Participant being bound to same when participating in any BACT Activities.

Assumption of Risk
By agreeing to these terms and conditions, you acknowledge and agree that:

  1. basketball is a body contact sport in which physical injury may occur from time to time; and
  2. you take upon yourself the risks arising in the course of participating in BACT 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, you shall pay for that injury, loss or damage as required by law and you shall keep Basketball ACT, 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 ACT.

You undertake that if you or your child/dependent are injured or suffer loss or damage to property, Basketball ACT, 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 ACT or its servants and agents, by negligence or otherwise, unless such injury loss or damage was covered by an insurance policy held by Basketball ACT.

Cancellation, Refunds and Termination (domestic playing participants)

Cancellation, Refunds and Termination of participant membership and/or competition fees will be made in accordance with the Basketball ACT Returns and Refunds Policy .

Note:

Once approved – any refund will be transferred back to your nominated account, minus payment gateway transaction fees and administration fees unless Basketball ACT deems appropriate to cover.

Questions regarding a refund should be directed to Basketball ACT via email admin@basketballact.com.au

Privacy

Your privacy is important to us. The protection and security of you and the BACT Participant’s data is referenced in the Basketball ACT Privacy Policy and as set out in Glory League’s Privacy Notice .

Communications from Basketball ACT or affiliated Clubs

Basketball Operations

You may be contacted by affiliated clubs and/or Basketball ACT for basketball specific competition or program activities. These communications are required for the successful operation and compliance of all competitions, leagues and programs, as well as the safety of participants and administrators. This information may be system distributed notifications via PlayHQ or may be delivered from an administrator via a third-party email communication application that is integrated with PlayHQ, Efficialtec or Glory League (such as MailChimp). This data is secure and stored as per the standard terms of use of that particular application.

Marketing Communications

By registering as a BACT Participant, you agree to receive basketball related updates, information, partner offers and giveaways for the ACT Basketball Community via marketing communications from Basketball ACT.

If you have received this in error you can opt-out or unsubscribe from that specific marketing communication at any time by using the unsubscribe button/link that is contained in the relevant communication(s) sent to you or by contacting us at comms@basketballact.com.au .

If any person requires information about the way Basketball ACT manages you or your dependents personal information or has any queries, problems or complaints, the person should also contact us via admin@basketballact.com.au or 02 6189 0709.

Image Use

You acknowledge and consent to Basketball ACT, its staff, affiliated clubs, and any authorised individuals creating content which may involve the BACT Participant– including images and videos – within any Basketball ACT sanctioned competition, program or event for the sole purpose of promoting the game of basketball in ACT.

Further, you consent to use of the BACT Participant’s name, image, likeness as well as their performance from within any Basketball Events at any time, for the usage of Basketball ACT 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 ACT and that Basketball ACT 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 BACT Participant, then please contact Basketball ACT’s Communication Team – comms@basketballact.com.au.

Safeguarding Children and Young People

Basketball ACT 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.

All parents / guardians / carers and spectators involved in BACT Activities are required to:

  • observe and understand Basketball ACT’s  and Basketball Australia’s Codes of Conduct and Child Safeguarding Standards (‘the Child Safeguarding Instruments’);
  • when necessary and safe to do so, politely and respectfully remind others of their obligations under the Child Safeguarding Instruments; and
  • report any suspected breaches of the Child Safeguarding Instruments to an official at their affiliated club and / or Basketball ACT so that appropriate action can be taken.

Basketball ACT’s Child Safe Practices can be found here.

Affiliated Clubs have a legal obligation to report suspected child abuse to the ACT Police and other selected authorities (mandatory reporting).

Australian Consumer Law and Fair Trading

BACT Activities are a recreational activity for the purpose of s 139A of the Competition and Consumer Act 2010 (Cth) (‘the Act’).

Pursuant to s139A of the Act, you exclude Basketball ACT from any liability for rights otherwise available under the Australian Consumer Law (Schedule 2 of the Act) for the following (referred to collectively as ‘the Exclusions’):

  • death;
  • physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
  • the contraction, aggravation or acceleration of a disease of an individual; or
  • 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 in relation to an individual that:
    • is or may be harmful or disadvantageous to the individual or community; or
    • that may result in harm or disadvantage to the individual or community.

To extent required under the Act, the Exclusions do not apply to significant injury suffered by a person that is caused by the reckless conduct of the supplier of the recreational service.

By agreeing to the BACT Terms and Conditions, you acknowledge and agree:

  1. to the Exclusions;
  2. BACT Activities are recreational services for the purposes of the Act;
  3. the Exclusions are terms and rights usually implied into a contract for the supply of goods or services;
  4. these implied terms and rights and any liability of Basketball ACT flowing from them, are expressly excluded to the extent possible by law, by this registration form and declaration.
  5. to the extent of any liability arising, the liability of Basketball ACT will, at the discretion of Basketball ACT, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.

For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.