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D.Y.F.C (Daiwa Young Fishing Club) Australia Program Membership Terms & Conditions

Definitions

1. In these Terms and Conditions:

(a) ‘Australian Consumer Law’ means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

(b) ‘Claim’ means a claim, notice, demand, action, proceeding, litigation, investigation, judgment, or award, howsoever arising, whether present, unascertained, immediate, future, or contingent, whether based in contract, tort, pursuant to statute, or otherwise and whether involving you, the Member or a third-party.

(c) ‘Competition’ means any competition held by Daiwa as part of the D.Y.F.C Program.

(d) ‘Competition Rules’ means any rules published by Daiwa from time to time in respect of a Competition.

(e) ‘Content’ means all content available on the Website including, tutorials, videos, photographs, commentary, files, and other information or media (and shall include Member Content).

(f) ‘Daiwa,’ ‘we,’ ‘us,’ or ‘our’ means Daiwa (Australia) Pty Ltd ACN 001 090 857.

(g) D.Y.F.C’ means the Daiwa Young Fishing Club Australia Program.

(h) ‘Intellectual Property Rights’ means all industrial and intellectual property rights throughout the world, whether present or future, and whether protectable by statute, at common law or in equity, including rights in relation to copyright, trade secrets, know how, trade marks (whether registered or unregistered or whether in word or logo/device form), designs, patents and patentable inventions, including the right to apply for registration of any such rights.

(i) ‘Loss’ means any damage, loss, liability, cost, charge, expense, penalty, outgoing, or payment (whether direct or indirect, consequential, or incidental) and includes collection agency costs, debt recovery fees, and legal costs and expenses on a full indemnity basis.

(j) ‘Member’ means a member of the D.Y.F.C Program (being a person under the age of eighteen (18)).

(k) ‘Membership’ means membership in the D.Y.F.C Program.

(l) ‘Member Content’ means any photographs, videos, or written content (e.g. profile information, links, and comments) submitted to us to be uploaded on the Website or posted on the Website by (or on behalf of) a Member.

(m) ‘Membership Fee’ means the (then current) fee that may be charged to applicants to the D.Y.F.C Program as an enrolment fee or as a biennial membership fee which you shall remit to Daiwa on behalf of the Member, as determined by Daiwa from time to time.

(n) ‘Privacy Act’ means the Privacy Act 1988 (Cth).

(o) ‘Program’ means the D.Y.F.C Australia program.

(p) ‘Terms and Conditions’ means these terms and conditions (as amended from time to time).

(q) ‘You,’ ‘your’ means the parent or legal guardian of a Member of the D.Y.F.C Program.

(r) ‘Website’ means the D.Y.F.C Program website: www.daiwafishing.com.au/pages/dyfc.

(s) ‘Website Rules’ means any rules, policies, or codes that Daiwa may implement from time to time in relation to the use of the Website. 

 Application

2. Applicants to the D.Y.F.C Program require their parent or legal guardian’s permission before becoming a Member and/or accessing the Website. By becoming a Member, we are entitled to assume that the Member has obtained their parent or legal guardian’s permission prior to applying to become a Member. 

3. By your child applying to become a Member of the D.Y.F.C Program (or by you applying on their behalf), you agree to be bound by these Terms and Conditions and our Website Terms of Use www.daiwafishing.com.au/pages/terms and to be the primary point of contact for the Member. 

4. Applicants to the D.Y.F.C Program must provide their full legal name, a valid email address, their mailing address, and any other information we request in order to process a Membership application. 

5. We reserve the right, in our sole discretion, to accept or decline any Membership application for any reason (without needing to provide reasons either orally or in writing). An example of circumstances in which we might refuse Membership to an applicant is where the applicant has previously been a Member and has had their Membership terminated in accordance with these Terms and Conditions. 

Membership

6. Upon acceptance by us into the D.Y.F.C Program, each Member will be placed into a customised group based on their age. These groups include: 

(a) ‘Hatchlings’ (aged 3 to 8 years);
(b) ‘Fish Fry’ (aged 9 to 12 years); and
(c) ‘Fingerlings’ (aged 13 to 17 years).

7. Members will be automatically placed into the next group upon attaining the relevant age. 

8. You are responsible for maintaining the security of the Member’s account and password details. 

9. You may cancel the Membership at any time by providing either verbal or written notification to us, provided that your identification can be positively verified. 

10. Only a named Member, or their parent or legal guardian, may update or request a change in Membership details. 

11. Memberships are non-transferrable.

Membership Fee

12. We reserve the right to charge a Membership Fee for participation in the D.Y.F.C Program. Subject to your rights under the Australian Consumer Law, the Membership Fee is non-refundable. 

13. The Membership Fee will be payable upon application to the D.Y.F.C Program unless expressly waived by us. Thereafter, the Membership Fee shall be payable every two years in advance in a biennial cycle determined by us. For the purposes of clarity, where a Member joins the D.Y.F.C Program in the middle of this cycle, payment of the Membership Fee will only entitle the Member to Membership for the remainder of that cycle (following which, payment of the Membership Fee shall be payable in advance for the next biennial cycle in order for the Member to continue their Membership). You and/or the Member will be notified by way of email when it is time to renew the Member’s Membership. Payment of the Membership Fee may be made by any payment method accepted by us. 

14. Any Member whose Membership Fee is overdue will cease to be a Member of the D.Y.F.C Program and will not be entitled to access any benefits and entitlements of Membership (including access to Website Content) until such time  as the Membership Fee is received by us in cleared funds. 

Suspension and Termination of Membership 

15. In our sole discretion, we may restrict, suspend, or terminate any Member’s access to the Website if we consider the Member to be in breach of these Terms and Conditions, any Website Rules, or Australian law. 

D.Y.F.C Program Content

16. Members shall be entitled access to a wide range of exclusive D.Y.F.C Program Content on the Website, which shall be routinely updated, changed, or removed by us (in our sole discretion). We cannot guarantee that any specific Content shall always be available on the Website.

Member Content 

17. You shall be solely responsible for all Member Content posted to the Website from the Member’s account regardless of whether the content is posted by you, the Member, or by any third-party.

18. We expressly reserve the right to (but shall have no obligation to) monitor all Member Content (of which is directly posted or uploaded to the Website). To the maximum extent permitted by law, we accept no responsibility for any Member Content directly posted to the Website. 

19. We may, in our sole discretion, refuse to post or edit, any Member Content or remove any Member Content that we consider to be in breach of these Terms and Conditions, any Website Rules, or Australian law.

20. You and the Member must refrain from uploading or posting any Member Content that:

(a) is fraudulent, misleading, or deceptive; 
(b) is defamatory, offensive, discriminatory, abusive, threatening, harassing or otherwise inconsistent with community standards and expectations; 
(c) is unlawful, obscene, vulgar, or pornographic; 
(d) infringes the Intellectual Property Rights of any third-party; 
(e) breaches the privacy rights of any third-party; 
(f) creates liability for us (or any of our related entities, business partners, or affiliates); 
(g) damages the credibility of our brand or image (or that of any of our related entities, business partners, or affiliates); or 
(h) otherwise breaches our Website Terms of Use or Website Rules. 
Competitions

21. In participating in Competitions, Members shall abide by the Competition Rules. 

22. Prizes awarded by us in any Competition are not exchangeable. 

Intellectual Property Rights

23. By you or the Member uploading any Member Content to the Website, you warrant and represent to us that you or the Member own, or are licensed to use, the copyright in such Member Content. 

24. You grant to Daiwa a non-exclusive, transferable, royalty free, irrevocable, perpetual, sub-licensable, worldwide licence to host, use, copy, modify, adapt, distribute, and publicly perform or display all Member Content uploaded by you or the Member for operating the D.Y.F.C Program, commercial purposes, sales, marketing and advertisement (including direct marketing), and any other purposes Daiwa, in its sole discretion, determines. 

Disclaimer

25. To the maximum extent permitted by law, we do not accept responsibility for any Loss, however caused (including through negligence), which you and/or the Member may directly or indirectly suffer in connection with your and/or the Member’s use of the Website, nor do we accept any responsibility for any such Loss arising out of your and/or the Member’s use or reliance on information contained on, or accessed through, the Website. 

Suspension and Termination of the D.Y.F.C Program

26. The Website will usually be available twenty-four (24) hours a day, seven (7) days a week. We may, however, need to interrupt or suspend access to the Website or the provision of the Website’s services and Content, for maintenance, technical, or other reasons. 

27. Access to the Website or to the D.Y.F.C Program may be suspended or terminated at any time by us with or without notice. The disclaimer contemplated by clause 25 nevertheless survives any such termination. 

Discontinuance of the D.Y.F.C Program

28. While unlikely, we may at any time, with or without notice, discontinue the D.Y.F.C Program. If we elect to discontinue the D.Y.F.C Program, to the maximum extent permitted by law, we do not accept any responsibility for any Loss, which you and/or the Member may directly or indirectly suffer as a result of discontinuance of the D.Y.F.C Program. 

Indemnity

29. You agree to hold harmless and indemnify us, our employees, and agents (for each of whom we hold the benefit of this indemnity upon trust), and must keep each of the abovenamed persons indemnified from any Loss or Claim directly or indirectly arising out of, or relating to: 

(a) your and/or the Member’s breach of these Terms and Conditions, Terms of Use and Website Rules; 
(b) any infringement (or alleged infringement) of the Intellectual Property Rights of any third-party as a result of the Member Content you and/or the Member uploads to the Website; and/or 
(c) any negligent, fraudulent, or criminal act or omission of yours and/or the Member. 
Privacy

30. By assenting to these Terms and Conditions, you consent to Daiwa collecting, storing, using, and disclosing your personal information, as well as the personal information of the Member, in accordance with Daiwa’s Privacy Policy, a copy of which is available upon request. 

31. We may contact Members from time to time about their Membership using the personal details provided by the Member (or their parent or legal guardian on their behalf). If you have consented on behalf of the Member to receiving direct marketing communications, we may also provide the Member with information about special promotions and product offers. If you do not wish the Member to receive these emails, you may opt out by using the ‘unsubscribe’ facility that will accompany all such emails. 

Australian Consumer Law

32. Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting, or modifying the application of all or any of the provisions of the Australian Consumer Law. 

Variation

33. We may amend these Terms and Conditions at any time at our sole discretion. Amendments will be effective immediately upon notification on the Website. It is your responsibility to check these Terms and Conditions periodically for any changes. The Member’s continued participation (or your participation on their behalf) in the D.Y.F.C Program, or use of the Website, following such notification will represent an agreement by you to be bound by these Terms and Conditions (as amended). 

Written Waiver

34. A waiver of any provision or breach of these Terms and Conditions shall only be effective if made by the affected party in writing. If a party elects not to enforce its rights arising as a result of a breach of these Terms and Conditions, that will not constitute a waiver of any rights in relation to any subsequent or other breach. 

Severance

35. If any part of these Terms and Conditions is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms. 

Governing Law

36. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the law of the Commonwealth of Australia in force in New South Wales. 

Entire Agreement

37. These Terms and Conditions constitute the entire agreement between us, you and the Member with respect to the Membership. All previous negotiations, understandings, representations, warranties, memoranda, or commitments about the subject matter of these Terms and Conditions are merged herein and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms and Conditions or constitutes any collateral agreement, warranty or understanding. 

Interpretation

38. Unless the contrary intention appears, a reference to:

(a) one gender includes all other genders;

(b) the singular includes the plural and vice versa; 

(c) a right includes a benefit, remedy, authority, discretion, or power; and 

(d) any statute, ordinance, code, or other law includes regulations and other statutory instruments under any of them and consolidations, amendments, re-enactments, or replacement of any of them. 

39. Headings are for convenience only and shall not affect the interpretation of these Terms and Conditions. 

40. Examples given are non-exhaustive and exist for illustrative purposes only. 

41. Unless specified otherwise, all reference to sums of money shall be in terms of Australian currency (AUD). 

Queries and Disputes

42. If you have a query or dispute in relation to a Membership, or the D.Y.F.C Program generally, please contact us using the following contact details: 

D.Y.F.C Program Manager 
Daiwa (Australia) Pty Ltd 
PO Box 7379 
Warringah Mall NSW 2100 
Tel: (02) 8644 8644 
Email: fishing@daiwaaustralia.com.au

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