Terms and conditions /

TERMS AND CONDITIONS

FULL SEASON CORPORATE MEMBERSHIP

These Terms and Conditions (T&Cs) apply to the purchase of a full season corporate hospitality package (Corporate Membership) OR tickets to a single event (Casual Pass) OR attendance at an event hosted by the Cowboys Rugby League Football Limited ABN 28 060 382 961 (the Club).

By purchasing a Corporate Membership or Casual Pass or registering for and/or attending an event hosted by the Club or sold by the Club on behalf of a third party, you are deemed to accept these T&Cs. If you do not accept or comply with these T&Cs, your Corporate Membership, Casual Pass or registration for the event(s) may be cancelled. If you are booking on behalf of other attendees (including guests) you must direct them to these T&Cs.

Each Confirmation Form that you submit will constitute a separate agreement between you and the Club (Booking) on the terms set out in these T&Cs. To the extent of any inconsistency between these T&Cs and the contents of any Confirmation Form, these T&Cs will prevail.

1. PAYMENT

a) Total cost: You must pay the Club the amount specified as the 'Total Amount’ on the Confirmation Form. The Total Amount must include GST.

b) Payment can be made in full or via a payment plan, per the instalment schedule listed in clause 2 of these T&Cs.

c) Payment in full can be made by credit/debit card by Visa, Mastercard or American Express, by direct debit or by EFTPOS.

d) Payment in instalments can be made by credit/debit card by Visa, Mastercard or American Express, or direct debit only.

e) Payment via credit/debit card or via direct debit will be made via the payment platform, BPoint.

f) By selecting the Direct Debit payment option in BPoint and signing the confirmation form, you give authority to debit the account named to pay Cowboys Rugby League Football Limited ABN 28 060 382 961 | Direct Debit User ID 495662.

g) This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account at the financial institution you have nominated and will be subject to the terms and conditions of the Direct Debit Request Service Agreement.

h) A Corporate Membership is not confirmed until all relevant instalment payments OR full payment has been received by the Club.

i) The Club is not required to issue tickets to any event or provide any other services (including access to the event) to you unless and until all relevant instalment payments OR full payment has been received.

j) If an instalment payment is declined for any reason, you must contact the Club immediately and arrange for payment of the relevant instalment within 5 days of the date that payment was due. If payment is not received during this time, the Club reserves the right in its absolute discretion to suspend your Corporate Membership and included Consumer Memberships and tickets to any events scheduled during the period of suspension will be forfeited until payment has been received in full.

k) Any enquiries regarding payments, including direct debit transactions by Cowboys Rugby League RLF Ltd, should be directed to: Accounts Department, Cowboys RLF Ltd PO Box 1411, Townsville QLD 4810, via email at accounts@cowboys.com.au or via phone to 07 4773 0700.

2. *INSTALMENT SCHEDULE

a) Instalment payments for a Corporate Membership will be charged per the following schedule:

·       Sign up by 20 October 2023

o   9 months from 1 Nov 2024 - 1 Jul 2024

·       Sign up by 20 November 2023

o   8 months from 1 Dec 2024 - 1 Jul 2024

·       Sign up by 10 December 2023

o   7 months from 1 Jan 2024 - 1 Jul 2024

·       Sign up by 20 January 2024

o   6 months from 1 Feb 2024 - 1 Jul 2024

·       Sign up by 20 February 2024

o   5 months from 1 Mar 2024 - 1 Jul 2024

3. PERMITTED USE

a) Re-sale of Corporate Membership products for commercial purposes, either in full, or separated into match tickets or benefits (i.e. Networking Breakfast tickets), is strictly prohibited.

b) Corporate Membership products or inclusions must not be used for a prohibited commercial purpose; A prohibited commercial purpose is any activity with the intent to gain commercial advantage of any kind, including marketing promotions, prizes or incentives, recruitment campaigns, public relations, brand promotion, market research or consumer data collection, fundraising or political or cause-related campaigns.

c) Any Corporate member found to be using a Corporate Membership for a non-permitted purpose, or having granted a third party to use their membership for a non-permitted purpose, will have their membership immediately cancelled without offering a refund, and any future applications for membership refused.

4. TICKET LIMITS

a) Limits of the number of Casual Passes that can be purchased for any event may apply at the discretion of the Club. If you exceed the ticket limit, any or all of your orders and tickets may be cancelled without notice by the Club at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.

5. PROGRAM CHANGES

a) The Club reserves the right to alter the event program for any Corporate Membership or Casual Pass or event as advertised at any time without prior notice, including the date, venue, seating arrangements, audience capacity, entertainment and/or activities. Every effort will be made to offer a program of equivalent standard. If the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, venue and time (subject to a revised quote).

6. CANCELLATION

a) By you: Cancellation of full season packages prior to 31 January 2024 will incur an administration fee of 10% of the full membership price. Cancellation of full season packages after 31 January 2024 will incur a cancellation fee of 50% of the full membership price. Purchases of Casual Passes are non-refundable and cannot be cancelled by you after purchase.

b) By the Club: The Club may cancel part or all of an event (in its absolute discretion) without notice, including if an event outside the Club's reasonable control occurs including fire, storm, flood, earthquake, explosion, war, invasion, rebellion, sabotage, epidemic, pandemic, government intervention, labour dispute, labour shortage, failure or delay in transportation and act or omission of any third person (including the NRL, subcontractors, customers or governments).

c) The Club will use its best endeavours to reschedule any event that is cancelled by it for reasons outside of its reasonable control, however, you acknowledge and agree that the price of Corporate Membership and Casual Passes are determined by specific event dates and venues; and if the cost of the rescheduled event materially increases, the Club may in its absolute discretion provide a revised quote for the Booking, payment of which is required for the purposes of guaranteeing your tickets for the rescheduled event.

7. REFUNDS

a) If the Club cancels an event at its convenience or for a reason other than those set out in clause 6b, subject to you providing the original ticket(s) and proof of purchase, you will be eligible for a refund of all or a portion of the cost of the Corporate Membership or Casual Pass that relates to the unsupplied event (the amount to be determined in the Club's absolute discretion) exclusive of delivery or mail fees and/or any processing surcharge (if applicable).

b)The Club will be governed by Australian Consumer Law in dealing with refunds.

8. LOST TICKETS

a) The Club reserves the right not to refund, exchange or substitute tickets after purchase nor replace tickets that may have been stolen, lost or destroyed, except as required by law.

9. CONDITIONS OF ENTRY

a) It may be a condition of entry to individual events that a search of the attendee and/or their possessions will be required at the time of the entry to the venue.

b) Cameras, audio and video recorders may not be permitted. c) The right is reserved to broadcast or telecast any event live or delayed.

d) Entry may be refused if tickets are damaged or defaced.

e) The events and/or the venues hosting the events have prescribed minimum dress standards. Generally, dress code details will also be included on tickets and/or detailed in event confirmation letters and/or emails. You must ensure all attendees conform to the dress code specified for the event by the Club and/or venue hosting the event, which at a minimum is smart casual (refer to individual event information for full dress code). The Club and/or the venue hosting the event reserve the right to refuse entry to any attendee who does not meet the minimum dress standards prescribed for the event.

f) You must ensure that you, or any individual who attends an event with you, complies with all reasonable directions given by officers, employees or agents of the Club, venue or stadium hosting the event, relevant State authorities or the NRL including, without limitation, directions in connection with access to the event or your conduct or that of attendees at the event.

g) Any person who does not comply with any conditions of entry and policies published by the Club, or the venue or stadium at which the event is being hosted, may be refused entry or directed to leave the event.

10. FACILITY SHARING

a) There is to be only one Primary Contact per facility. This person will be referred to as the Facility Principal or Facility Primary Contact.

b) Other parties who share the facility will be referred to as Facility Shareholders.

c) The Facility Principal is responsible for information transfer to the Facility Shareholders.

d) The benefits contained in each corporate package do not represent what each Facility Shareholder receives, but what is allocated to that facility.

e) These benefits will be delivered to the Facility Principal, who is responsible for the distribution to Facility Shareholders.

f) The Facility Principal shall be invoiced the full amount of the corporate package.

g) The Facility Principal is responsible for the food and beverage account for each game. Only one account shall be issued per box by the Caterers.

11. ENTRY TO CHILDREN

a) Children aged five (5) and under as at January 1 each year are entitled to enter Queensland Country Bank Stadium at no charge, however must not occupy a seat.

b) Certain events are not suitable for guests under the age of 18. Where age restrictions apply, the Club will advise of the restriction at the time of promoting the event, or in advance of you purchasing tickets for that event.

c) Tickets cannot be purchased for guests under the age of 18 when restrictions apply. You will not be reimbursed for the incorrect purchase of a ticket for a minor for an event to which age restrictions apply (except with the Club's consent, which may be withheld in its sole discretion).

d) Without limiting any other Club events, you acknowledge and agree to the following:

i. External Box Facility and Corporate Suite Facility: There are no age restrictions for children in outdoor corporate boxes or corporate suites, but children must be supervised and meet the required dress code.

ii. Premiership Lounge: Persons under the age of 18 years are not permitted.

iii. North & South Sky Decks: Persons under the age of 18 years are not permitted.

iv. North & South Terraces: Persons under the age of 18 years are permitted.

Club Lounge: Persons under the age of 12 years are not permitted. Children over 12 must have a Club Lounge corporate ticket to attend.

v.Shorty’s and Bushrangers Dining Rooms: Children are allowed at the discretion of the facility holder. Those over 5 years must have a corporate ticket for the facility.

vi. Centreline Club and Field Club: Persons under the age of 12 years are not permitted. Children over 12 must have a Centreline corporate ticket to attend.

e) Any guest who is under 18 years of age must be accompanied and supervised at all times by his or her parent or guardian.

12. GOODS AND SERVICES TAX

a) Unless specified otherwise, any amount payable under these T&Cs does not include any amount on account of GST.

b) Where any supply to be made by one party (Supplier) to another party (Recipient) under or in accordance with these T&Cs is subject to GST (other than a supply the consideration for which is described in these T&Cs as 'GST inclusive'):

i. the consideration payable or to be provided for that supply but for the application of this clause (GST Exclusive Consideration) shall be increased by, and the Recipient shall pay to the Supplier, an amount equal to the GST payable by the Supplier in respect of that supply (GST Amount); and

ii. the Recipient must pay the GST Amount to the Supplier, without set-off, deduction or requirement for demand, at the earlier of the time that the GST Exclusive Consideration is payable or to be provided and the time that the Supplier has to pay the GST in respect of that supply.

iii. Notwithstanding any other provision of these T&Cs, the Recipient need not make any payment for a taxable supply made by the Supplier under or in accordance with these T&Cs until the Supplier has given the Recipient a tax invoice in respect of that taxable supply.

iv. A word or expression used in this clause which is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning in this clause.

13. LIMITATION OF LIABILITY

a) The Club will not be held liable for any failure to perform or delay in performing its obligations under these T&Cs if that failure or delay is due to anything beyond its reasonable control or for any cancellation arising under clause 6.

b) Subject to clause 12, the Club excludes all liability arising whether in tort (including, without limitation, negligence), contract or otherwise whether direct, indirect, special or consequential, arising from or in connection with an event, except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount permitted by law).

c) To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on the Club are excluded. Nothing contained in these T&Cs excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the Club to limit its liability, then the Club's liability shall be limited to:

i. in the case of services, supplying the services again or payment of the cost of having the services supplied again; and

ii. in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

14. INDEMNITY AND RELEASE

a) You indemnify and hold harmless the Club and each of its personnel against all liabilities, losses, claims, proceedings, damages or costs (including legal fees on a solicitor and own client basis), in connection with:

i. any breach by you or any of your guests of these T&Cs;

ii. booking a Corporate Membership or Casual Pass; and/or

iii. attendance by you and your guests at any event, including acts or omissions of your guests at an event.

15. IMAGE RELEASE

a) By booking and/or attending an event, each attendee acknowledges and agrees that the Club and its employees, licensees, agents and contractors may

i. photograph, videotape or otherwise record you to produce photographic images, film recordings, sound recordings and other material incorporating an attendee's appearance, likeness, voice, quotations, comments and name (Images); and

ii. use, reproduce, publish, broadcast, distribute, commercialise, adapt, modify, edit, sell, exhibit, store, dispose of, deal with or otherwise exploit in any media the Images or any part of the Images, for the purpose of the Club's marketing and promotional activities (Image Rights);

iii. each attendee consents to the Images being taken by or on behalf of the Club and understands that they may be identifiable in those Images;

c) each attendee waives all rights (if any) to inspect or approve the Images or their use by the Club in exercising the Image Rights or control the use or disclosure of the Images;

d) an attendee will not receive any financial payment or other compensation for he Images or Image Rights; and

e) each attendee releases, discharges, and holds harmless, the Club from any and all liabilities, losses, damages, costs and expenses as a result of the Images and exercise of the Image Rights or use of the Images by any third party.

f) If an attendee does not agree to the items set out in paragraph 13, you must advise the Club by email to corporate@cowboys.com.au

16. RESALE OR USE OF TICKETS

a) Tickets may not, without the prior written consent of the Club, be resold or offered for resale at a premium (including via on-line auction sites). If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the bearer of the ticket may be refused admission.

b) The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.

17. PRIVACY

a) The personal information the Club collects when you complete the confirmation form is used for the purpose of administering your membership as well as being used to provide you with information relating to the Club and related information and/or offers from the club and its sponsors. If it is your preference to have your details removed from a mailing list for these purposes please write to: The Privacy Officer, Cowboys Rugby League Football Ltd, PO Box 2266, Townsville Qld 4817

b) You confirm that you have the consent of all the individuals whose personal information you provide to the Club and you have let them know about the Club's privacy policy.

18. DONATIONS

a) Donations to the Cowboys Community Foundation will be charged separately by Cowboys Charity Limited.

b) Donations will be charged as per the preferred payment method nominated by you for payment of your corporate facility.

19. GENERAL TERMS

a) These T&Cs as they apply to an existing Booking may be varied only by agreement in writing between each of the Club and you. The Club reserves the right to amend the T&Cs relating to event payments, bookings and attendance at any time without prior notice to you.

b) Any waiver by the Club, when exercising any right, power or provision of these T&Cs, does not mean a waiver of any other right, power or provisions or the same one in the future. Also, any delay in exercising a right, power or provision should not be taken to be a waiver by the Club.

c) A term or part of a term of these T&Cs that is unenforceable may be severed from these T&Cs and the remaining terms or parts of the terms of these T&Cs continue in force.