Fly V australia Pro Cycling Team Web Membership Terms and Conditions

WEB MEMBERSHIP TERMS AND CONDITIONS

THIS IS AN IMPORTANT DOCUMENT - Please read it carefully

1.    Thank you for applying to become a Web Member of the Fly V australia Pro Cycling Team.

2.    As with any membership, it is important that we outline the terms and conditions of being a Web Member, as simply and thoroughly as possible.

3.    Please take the time to read through this document carefully.

4.    It is important that the terms of your Web Membership are clear and for this reason, if there is any conflict between what is set out in these terms and conditions and anything you have been told, the terms and conditions here will prevail.

5.    A failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.

6.    We have 5 days after your Application is received by us to rectify any miscalculation or any other error in your Application. IMPORTANT: Please note that we reserve the right to change, amend or vary the terms and conditions of your membership at any time, at our sole discretion, which may include removing entitlements from the type of membership you will hold or hold with us.

7.    You should read this document carefully before you agree to become a Web Member.

8.    You should print it out and keep it in a safe place to refer back to from time to time.

9.    If you do not understand something in this document, please email us at memberships@pegasusracing.com.au with your question, or seek professional legal advice. We will be happy to assist you as best as we can but we do not give legal advice.

10.    Please note that these terms and conditions may change from time to time, and we reserve that right in our sole discretion.

11.    However, in certain circumstances we may advise you of any change to these terms and conditions as defined in Paragraph 18 (Change of Rules/ Operations) and if we do that, it will be by sending you an email to the email address you nominate in your Application.

12.    Where you apply for a Membership Category that includes entitlements provided by third parties (such as the Director Sportif category, which includes an entitlement to membership of the Virgin Velocity Rewards Program & Virgin Lounge Card), then you are also agreeing to be bound by any terms and conditions that apply to those entitlements. If for any reason any such entitlement is no longer available or you are not prepared to accept any terms and conditions relevant to the entitlement under the Membership Category, please let us know.

DEFINITIONS
Where the contexts requires, in these terms and conditions the following definitions apply:

Term	Meaning
Application	The online application form completed by you to become a Web Member
Fly V australia Pro Cycling Team, Company, we, us, our	Pegasus Racing Pty Ltd
Minimum Term	The term specified in the Application and Contract form (12 months from the date of joining)
Web Membership	Online membership to the Fly V australia Pro Cycling Team website in the Membership Categories outlined in these terms and conditions

MEMBERSHIP CATEGORIES

1.    Peloton - allows for all Fly V australia Pro Cycling Team online members access to membership card, EDM, RSS receipt

2.    Domestic - allows for all Fly V australia Pro Cycling Team online members access to membership card, EDM, RSS receipt, 5% off Online Shopping Team. Free cycling cap & socks

3.    Climber - allows for all Fly V australia Pro Cycling Team online members access to membership card, EDM, RSS receipt, 7.5% off Online Shopping, streaming content access, available random entry for trip for 2 to the Tour attendance competition in 2010. 10% OFF RRP Cycling Jersey & Knicks.  *Will be determined once team race calendar has been finalised

4.    Sprinter - allows for all Fly V australia Pro Cycling Team online members access to membership card, streaming content and live streaming content access*. Advance notice of event activity and team rider attendance, first in best attended for up to 5 people for team meet and greet at each event. Auto entry for trip for 2 to an attendance** comp in 2010. Team socks and cap. 12.5%% OFF RRP Cycling Jersey and Knicks.  *Members will be given advanced notice of live stream events via an online member’s identified notification method e.g. email  **Will be determined once team race calendar has been finalised.

5.    Time Trial - allows for all Fly V australia Pro Cycling Team online members access to membership card, Email Newsletters, RSS receipt, 12.5% off Online Shopping, Online Shopping, advance notice of event activity and team rider attendance, first in best attended for up to 5 people for team meet and greet at each event. Auto entry for trip for 2 to the Tour attendance comp in 2010.  Cycling Jersey and Knicks, Team Sock and Cap, Velocity Rewards program.

6.    Team Leader - allows for all Fly V australia Pro Cycling Team online members access to membership card, Email Newsletter, RSS receipt, 12.5% off Online Shopping Online Shopping, advance notice of event activity and team rider attendance, first in best attended for up to 5 people for team meet and greet at each event. Auto entry for trip for 2 to the Tour attendance comp in 2010. Cycling Jersey, Team Sock and Cap for 4 Staff, and subscription to Velocity rewards program.

7.    Director Sportif - allows for all Fly V australia Pro Cycling Team members access to membership card, Email Newsletters, RSS receipt, 12.5% off Online Shopping Online Shopping, advance notice of event activity and team rider attendance, first in best attended for up to 5 people for team meet and greet at each event*. Auto entry for trip for 2 to the Tour attendance competition in 2010. Cycling Jersey and Knicks, summer gloves, Team Sock and Cap, Team Bike, Velocity Rewards  Program & Virgin Lounge Card.

NOTE: - All memberships are for a 12 month duration from the application date. Memberships can be cancelled by you within the 12 month period and no refund will be granted. All memberships automatically renew every 12 months, unless terminated under these terms and conditions.

MEMBERSHIP TERMS

1. CONTRACT FORMATION - your membership commences once the Application has been accepted by us. The laws of Queensland govern your Web Membership. The whole of this document constitutes the terms and conditions of your Web Membership.

2. ACCEPTANCE BY FLY V AUSTRALIA PRO CYCLING TEAM OF YOUR MEMBERSHIP - It is important that the terms and conditions of your Web membership are clear and for this reason, if there is any conflict between what is set out in this document and anything you may have been told via email or otherwise, the terms and conditions in this document will prevail. Any failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.

3. IN FLIGHT RULES - You must ensure you read, understand, and comply with the terms and conditions of the website (see our website for further details).

4. MEMBERSHIP ENTITLEMENT - Your Web Membership entitles you to the Membership Category applied for, use of the website and the online store in accordance with the relevant terms and conditions. Your obligations are not dependent on the amount of times you use or access the website. As part of your Web Membership you are entitled to the promotional offers and levels of access to the website as set out in your Membership Category. Importantly Web Memberships are non-assignable, non-transferable and non-refundable.

5. MINIMUM AGE - Membership is limited to persons who are at least 14 years of age. If you are under the age of 18 years, a parent or guardian must complete and authorise your Application .

6. ACCESS TO MEMBERSHIP - We will issue you with a membership card when joining. You must not loan your membership card or permit its use by anyone other than you. Your membership card remains our property and should be returned to us on termination of your Web Membership. If lost or stolen, replacement membership cards are available at a nominal charge (currently $15.00).

7. MEMBERSHIP UPGRADES - You are entitled to upgrade your Membership Category at any time. The Membership Category can be changed online via our upgrade process or in writing via email to memberships@pegasusracing.com.au. On application the pro rata balance of the new membership fee will be changed to your nominated credit card.

Note: Access to the membership benefits for the new membership type applied for will commenced from the date of full payment of any amount owing.

Memberships may only be down graded after the Minimum Term via the membership renewal process, or within 14 days of prior to any 12 month anniversary of the renewal date for your Web Membership.

8. CONSEQUENCES OF MISCONDUCT - We reserve the right to refuse access to the membership area of the website to any person, including members, and have the right to cancel your Web Membership without warning or notice for serious misconduct, such as for example threatening or harassing behaviour or conduct, whether intentional or not. We reserve the right to warn, suspend or terminate any web member’s Web Membership at any time for these reasons or reasons that include these reasons. Our decision about these matters will be final and no discussion will be entered into.

9. PAYMENT OF FEES - All membership fee are to be paid at the time of submitting your Application. Any merchant fees associated with credit card payments will also be charged to your nominated credit card account.

At this time a merchant service fee of up to 3% of the value of any purchase per transaction is applicable to payments made from American Express credit card accounts. .

10. MONEY OUTSTANDING ON RENEWAL – After the Minimum Term, or within 14 days of the first or any subsequent 12 month anniversary of the renewal of your Web Membership, if any amount payable for your Web Membership is not paid on the due date, access to the members area of the website will be suspended until such time as all membership payments are up to date. The due date for your membership is 12 months after you first sent us your Application, and is then automatically charged to you on the 12 month anniversary of the original date of your Application.

PLEASE NOTE: We will not allow you access to your Web Membership until full payment has been received.

12. CANCELLATION/TERMINATION WITHIN MINIMUM TERM - You can cancel your Web Membership prior to the expiry of the Minimum Term for any reason you wish. Your Web Membership fees are non-refundable therefore no refund of any membership fees will be given.

13. CANCELLATION ON OR AFTER THE MINIMUM TERM - You can cancel your membership after the minimum term if you give us 14 days written notice prior to the first anniversary or any subsequently renewed Web Membership, which can be by email and which we acknowledge receipt.

14. CANCELLATION WHEN CHANGES MADE TO TERMS & CONDITIONS OR WE BREACH
OUR OBLIGATIONS - Where we are in breach of our obligations and we have not remedied that breach within a reasonable time after you have brought it to our attention in writing, you may request to have your Web Membership cancelled, and we will give serious consideration to providing you with a refund of your membership fees pro rata.

16. MEMBERSHIP FEE INCREASE - We reserve the right at any time, which will be (subject to the GST Rate clause 17 below) after the Minimum Term of your Web Membership, to increase the fees to be charged, and will use reasonable endeavors to give written notice to the most current email address you have supplied at least 14 days prior to this occurring.

17. CHANGE IN GST RATE - All fees payable under the contract are "GST inclusive". If the rate at which GST is charged changes then the fees payable under the contract will increase or decrease by the amount by which GST increases or decreases. This increase or decrease will occur even if you are within your Minimum Term.

19. COMPLAINTS & FEEDBACK - We see both complaints and feedback as important mechanisms to improve our service . We will endeavor at all times to assist you with any concerns you may have. To do this both effectively and efficiently, we have empowered our administrative team feedback@pegasusracing.com.au to assist you with any queries.

20. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your Web Membership.

21. NO CLAIMS - From time to time we may have to shut down the website for maintenance and in certain other circumstances. If the site is offline and is not because of something we did or didn’t do, directly or indirectly, then we will not be held liable for any claim or damage you may suffer as result of the shut down.

23. CONTRACT TRANSFER BY FLY V aUSTRALIA PRO CYCLING TEAM - We may assign or transfer the benefit of the contract, or sub-contract its obligations under it, to any person, firm or company at any time without notice to you but shall remain liable to meet our obligations to you under the contract.

24. RELEASE FROM LIABILITY - In consideration of Fly V australia Pro Cycling Team accepting your Application, you agree that Fly V australia Pro Cycling Team shall not be liable for any loss, personal injury or illness arises from the acts or omissions (including negligence) of Fly V australia Pro Cycling Team, its directors or advisors, or other members, associates, subsidiaries, related bodies corporate, sponsors or partners of the Fly V australia Pro Cycling Team.

DIRECT DEBIT AGREEMENT

Our commitment to you

This document outlines our service commitment to you, in respect of the direct debit request (DDR) arrangements made between Pegasus Racing Pty Ltd and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.

Initial terms of the arrangement

In terms of the DDR arrangements made between you, and us we undertake to make a one off debit your nominated credit card account for the agreed amount for your annual membership fee as defined in your Application, for the Minimum Term.

Drawing arrangements

Further drawings under the DDR arrangement will occur upon the 12 month anniversary of the date of your Application, and thereafter until you terminate your Web Membership.
Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.

YOUR RIGHTS

Changes to the arrangement

If you want to make changes to the arrangements, written notice of this must be forwarded to us via our website and your financial institution including details of all changes requested memberships@pegasusracing.com.au

Enquiries and Disputes

Should you wish to discuss these arrangements, including any possible disputed amounts, please contact us via memberships@pegasusracing.com.au or your financial institution directly. Where disputes are referred to us, we will endeavor to respond to them within 7 days. If you do not receive a satisfactory response from us in relation to your dispute, you should contact your financial institution.

Your commitment to us

It is your responsibility to ensure that:
(a)    Your nominated credit card account can accept direct debits (your financial institution should be able to confirm this for you); and
(b)    That on the drawing date there are sufficient cleared funds available; and
(c)    That you advise us in advance when paying your fees by credit card of any changes to your credit card information, i.e. expiry date, or number.

PRIVACY STATEMENT AND ACKNOWLEDGEMENT

Pegasus Racing Pty Ltd is committed to safeguarding the privacy of our users while providing the highest possible quality of service. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). If you have any requests concerning your personal information or any queries with regard to these practices please contact data@pegasusracing.com.au
Information collected  We collect the information you supply to us through our registration forms, and every time you e-mail us. We also collect information automatically about your visit to our site. The information obtained in this way, which includes browsing patterns, is only used in aggregate form, and as such cannot be used to identify you. This aggregate information is used to:
(a)    Aid strategic development
(b)    Audit usage of the site

Use of personal information We process personal information collected via Pegasus Racing Pty Ltd for the purposes of:

Providing the best possible service processing any orders you may have made
Providing you with information about products and services we offer

If you do not wish to receive information about our products or services, please tick the appropriate box on the registration form.

Use of cookies: Cookies (tiny text files, temporarily stored on your computer) are needed to allow us - and every other on-line shop - to put the items you've chosen into the right shopping basket. We're sorry if this offends you but there's no other way for us to make it all work.
Disclosures: By making your Application you agree that we may pass your information to any third parties. You can also email us to stop receiving any information about our services and us by memberships@pegasusracing.com.au If you have any queries about our Privacy Statement you should contact us by e-mail data@pegasusracing.com.au

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