Yachting Australia

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These Terms and Conditions were approved by the Federal Assembly under the Yachting Australia Constitution. They are binding on Yachting Australia, Member Yachting Associations, Clubs and Individual Cardholders. Terms and phrases in these Terms and Conditions are to be interpreted in accordance with the Yachting Australia Constitution. Where there is any discrepancy as to the interpretation or application that discrepancy will be resolved by the Yachting Australia Board in its sole discretion.

Introduction

1.1 These Terms and Conditions, and any amendments published by Yachting Australia from time to time, govern all aspects of the National Membership Scheme of Yachting Australia.  Each Member Yachting Association (MYA) of Yachting Australia acknowledges and agrees that an Individual Cardholder is also an Individual Cardholder of the MYA in the State or Territory to which the yacht club the individual holds membership with is affiliated. The intent of these Terms and Conditions is to protect Individual Cardholders of an MYA and Yachting Australia, and also each MYA and Yachting Australia.

1.2 Individual Cardholder Status of an MYA and Yachting Australia is governed by these Terms and Conditions and the terms and conditions of the Yachting Australia constitution and the constitution of the relevant MYA. It is the responsibility of each Individual Cardholder to read and understand them. Notwithstanding the fact that Yachting Australia and MYA will use all reasonable endeavours to advise Individual Cardholders of any changes to these Terms and Conditions, each Individual Cardholder is responsible for remaining aware of these Terms and Conditions. The Yachting Australia Constitution constitutes a contract between Yachting Australia and each Individual Cardholder. Individual Cardholders will be bound by Yachting Australia constitution & any regulations made under it.

1.3 Every effort has been made to ensure that the information provided in relation to individual cardholder status of an MYA and Yachting Australia is correct. However, the MYAs and Yachting Australia accept no responsibility for an inaccuracy or misdescription.  

Definitions

In these Terms and Conditions, unless this contract otherwise requires:
2.1 "Yachting Australia" means the Yachting Australia Inc (previously known as the Australia Yachting Federation or AYF)
2.2 "MYA" means the State or Territory Yachting Association, affiliated to Yachting Australia.
2.3 "Club" means a sailing, yacht or boating club that is affiliated to an MYA of Yachting Australia.
2.4 "Assembly" means the Federal Assembly of Yachting Australia Inc.
2.5 "Board" means the Board of Directors of Yachting Australia Inc.
2.6 "Youth Cardholder" means an individual who is a cardholder of both an MYA and Yachting Australia that is under the age of 19 at 30 June in any year and whose membership fee is collected by a Club.
2.7 "Silver Cardholder" means an individual who is a cardholder of both an MYA and Yachting Australia and whose membership fee is collected by a Club.
2.8 "Individual Cardholder" means any individual Youth or Silver Cardholder of both an MYA and Yachting Australia
2.9 "Benefits" means the benefits available to an Individual Cardholder determined by the Board from time to time.
2.10 "Card" means a membership card issued by Yachting Australia detailing the category of membership, the name of the Individual Cardholder, the Cardholder's number, the Cardholder’s Club, and the expiry date and the MYA of which the Individual Cardholder is associated.
2.11 "Membership year" for a Silver Cardholder or Youth Cardholder, means a 12-month period, set by their respective MYA, ending on either:
- 30 September or 31 December or  30 June  - Unless renewed, membership of the MYA and Yachting Australia will lapse at the end of the 12-month period
2.12 "Membership fee" means the amount paid by an Individual Cardholder to a Club to become a bona fide financial member as prescribed by the Cardholder's Club.
2.13 "State" means and includes a State or Territory of Australia.

Membership

3.1 Individual Cardholders will have no voting or other rights under the Constitution of Yachting Australia. Unless otherwise determined by the Assembly.  Individual Cardholders shall have no right to attend or debate at General Meetings of the Assembly.

3.2 All Youth Cardholders and Silver Cardholders must be members of a Club.

3.3 Each Individual Cardholder must promptly advise their club of any change of name, address or other relevant membership details. Such changes must be supplied in writing. Verbal notification is not sufficient or valid.   The Club shall then record the change in the Yachting Australia on-line system MyClub.

3.4 Individual Cardholder Status will terminate automatically on the death of an Individual Cardholder.

3.5 Individual Cardholder Status is personal to an Individual Cardholder and may not be transferred or assigned. Individual Cardholder fees are non-refundable unless the Cardholder's Club membership rules permit.

Membership Fees

4.1 Youth Cardholders and Silver Cardholders will normally pay their Membership Fee to their Club. Where a person is already an Individual Cardholder by virtue of their membership of another Club they may, on presentation of their Card or other evidence of Individual Cardholder Status, request that the other Club(s) recognise their Cardholder Status.

4.2 A Youth Cardholder or Silver Cardholder may pay their Membership fee by any method acceptable to the Club. 
 

Use of the Card

5.1 By use of the Card, the Individual Cardholder agrees to be bound by these Terms and Conditions.

5.2 The Card is and shall remain the property of the MYA and Yachting Australia and must be returned on demand. The Card is not a credit card.

5.3 The Card is valid for use only by the Individual Cardholder whose name is printed on the Card. The Card is valid for use only during the period indicated on it.

5.4 If the Card is lost or stolen the Individual Cardholder must notify their Club immediately who will notify their MYA who will then request a replacment card from Yachting Australia.  Yachting Australia may charge a fee for the issuing of a replacement card.

5.5 The MYA and Yachting Australia expressly reserve the right in their absolute discretion to withdraw, cancel, withhold, deny access to, or use of, or in any way change any of the benefits previously advertised or offered generally to any Individual Cardholder at any time. The MYA and Yachting Australia will not be liable for any loss or damage suffered by the Individual Cardholder resulting from such withdrawal, cancellation, variation or change.

Benefits

6.1 The MYA and Yachting Australia will provide a schedule of benefits to each Individual Cardholder. Benefits will vary according to the category of Individual Cardholder Status.

6.2 Some of the benefits that are offered to Individual Cardholders are provided by suppliers over whom neither the MYA nor Yachting Australia have any control. Arrangements for the availability and utilisation of the benefits so offered are made by the MYA and/or Yachting Australia on behalf of Individual Cardholders with the suppliers providing such benefits. The provision of benefits will be subject, in each case, to the terms and conditions of the suppliers providing such benefits. Those terms and conditions will constitute a contract between the provider of the benefits and the Individual Cardholder.

6.3 The MYA and Yachting Australia will not be liable for the refusal of any supplier of benefits to accept or honour any benefit, the Card or any of the terms and conditions required by a supplier. Further, the MYA and Yachting Australia will not be liable for any loss or damage whatsoever, whether in whole or part, of any benefits. Any complaints by the Individual Cardholder must be resolved solely with the supplier of the benefit(s).

6.4 Whenever the Card is used in order to obtain or utilise benefits, or benefits are made available to an Individual Cardholder as a result of membership, whether these are supplied by the MYA or Yachting Australia or a supplier of benefits, the Individual Cardholder will be liable for any and all costs, charges, taxes, claims and liabilities of whatever nature and howsoever arising from or incurred in connection with obtaining or utilising the benefits.

Entitlement to Benefits

7.1 An Individual Cardholder will only be entitled to the benefits when in possession of their Card except that a Silver Cardholder or Youth Cardholder shall be entitled to Personal Accident Insurance benefits, in accordance with the Policy Schedule, if they are a current member of a Club that either:

(i) has received a Membership Fee from the Individual Cardholder; or
(ii) to which a Membership Fee for the Individual Cardholder is due within 45 days of the date of the Membership Fee renewal notice.

Termination

8.1 A Silver Cardholder or Youth Cardholder may terminate their membership in writing to their Club at any time. Failure to pay the appropriate Membership Fee to the Club when it becomes due shall be deemed to mean that the Individual Cardholder wishes to terminate their membership with immediate effect.

8.2 The Assembly reserves the right to terminate or materially alter the operation of the National Membership Scheme at any time, without notice.

8.3 The MYAs and Yachting Australia jointly reserve the right, at any time, in their absolute discretion and without notice, to revoke the membership of an Individual Cardholder and/or rights of the Individual Cardholder to use the Card.

8.4 Any breach of these Terms and Conditions, whether intentional or otherwise, may result in termination of Cardholder Status and cancellation of benefits, at the sole discretion of the MYA. Membership will be terminated only after the MYA has notified Yachting Australia and the specific Club in writing of such termination.

8.5 It is a breach of the Terms and Conditions for any Individual Cardholder, in the reasonable opinion of the MYA and Yachting Australia, to:

(a) abuse any facilities, services or arrangements accorded to the Individual Cardholder as a result of membership of a club; or
(b) act in any way that is likely to be detrimental to the interests of the MYA or Yachting Australia; or
(c) supply or attempt to supply misleading information, or make any misrepresentation to the MYA or Yachting Australia.

Exclustion of Liability 

9.1 Except where provided or required by law and such cannot be excluded, it is a condition of Individual Cardholder Status that Yachting Australia is absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of the Individual Cardholder’s membership and / or participation in any authorised or recognised Yachting Australia activity.

Release and Indemnity

10.1 In consideration of Yachting Australia accepting an application for Individual Cardholder Status, each Individual Cardholder agrees to:

(a) release & forever discharge Yachting Australia from all Claims that he or she may have or may have had but for this release arising from or in connection with his or her Individual Cardholder Status and / or participation in any authorised or recognised Yachting Australia activity; and
(b) indemnify & hold harmless Yachting Australia to the extent permitted by law in respect of any Claim by any person inclung but not only another Individual Cardholder or MYA arising as a result of or in connection with his or her Individual Cardholder Status and / or participation in any authorised or recognised Yachting Australia activity.

10.2 In this clause 10 "Claims" means & includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant Yachting Australia insurance policy or under the Yachting Australia Constitution or any Regulations.

Privacy

11.1 Individual Cardholders are advised that the information requested from them in applying to become an Individual Cardholder of Yachting Australia is necessary for the Objects of Yachting Australia. Information obtained from Individual Cardholders will be disclosed by the Individual Cardholder’s Club to the MYA and Yachting Australia and will only be used for the Objects of Yachting Australia and to provide Individual Cardholders with services. Individual Cardholders will be able to access their information through their Club and/or MYA. If the requested information is not provided an application for Individual Cardholder Status may be rejected.

11.2 Individual Cardholders acknowledge that Yachting Australia may also use their personal information for the purposes of providing them with promotional material from Yachting Australia sponsors or third parties. Individual Cardholders may advise Yachting Australia if they do not wish to receive from Yachting Australia any Yachting Australia sponsors or third parties promotional material.