Terms & Conditions

All Members or persons seeking to become Members of OzFish Unlimited agree to be bound by these terms and conditions.

DEFINITIONS

Member: A person who holds an active OzFish Membership with OzFish.

Membership: The rights and obligations that accrue to a person because of the person being accepted as a Member of OzFish Unlimited.

New Member: A person who was not a Member of OzFish over the previous 12 months and joins to become an OzFish Member.

OzFish Unlimited Ltd: The company referred to as OzFish

Primary Account Holder: The person responsible for the Membership. This is the account in which transactions between the Member (or New Member) and OzFish will be managed, including the charging and acceptance of payments for Memberships and ticketing.

Rollover or Rolling Renewal: The process whereby a Member’s Membership is renewed and charged for the equivalent Membership each year automatically without the Member being required to take any steps.

MEMBERSHIPS

1.1. A New Member is a person who was not a current Member of OzFish and becomes a Member.

1.2. A Primary Account Holder is the person responsible for the Membership, who is to be contacted for Membership matters and is liable for payments arising with respect to the application for Membership, and Membership package.

Credit Card Details 
1.3. The Primary Account Holder acknowledges and agrees that the credit or debit card recorded on the Primary Account (if a credit card or debit credit card is used to purchase the Membership) will be stored and used for future payments and in particular for Rollover, including instances where the Membership was purchased as a gift and the credit card details were not updated by the person who purchased the gift, or the gift recipient.

1.4. The Primary Account Holder authorises OzFish to use credit card and other financial payment systems “updater” services to be provided with Members’ new credit card numbers, expiration dates and any other details necessary for the continued use of the card for billing purposes by OzFish.

1.5. The Primary Account Holder authorises OzFish to auto-update credit card and other financial information held by OzFish (including but no way limited to expiry dates) and to make use of any updated information with respect to billing, invoicing, or collecting payment for any amounts billed or due, including payments incurred by the member as a result of automatic Rollover of membership in future years.

Automatic Rollover of Membership in Future Years (see also Condition 2 below)
1.6. All Members and prospective New Members who pay by credit card or debit credit card will have the option to select for their Membership to automatically Rollover (ie be renewed for the equivalent Membership) also referred to as “Rolling Renewal” refer to Condition 2 for detail) OR to be prompted to manually renew their membership annually.

1.7 Rolling Renewal will apply as a payment option to all types and categories of Membership that a New Member applies for at the time of sign up, regardless of the method used to apply for Membership. If the New Member does not want Rolling Renewal to apply, then the New Member must select Renewal Reminder (see Condition 5 in these Terms and Conditions).

1.8. Membership fees for Rolling Renewals for all years following the first term of Membership are paid in full by the payment cut-off date each season. The Rollover payment will be charged to the credit card recorded for the Primary Account Holder of the Membership.

1.9 By applying for New Membership or a renewal for an existing Membership you agree that a condition of your Membership is that your Membership will be either automatically renewed (“rolled over”) each year OR you will be asked to be notified of your renewal. For rolling renewals for each subsequent year of Membership the Membership will be automatically charged to the credit card or debit credit card, as outlined in Condition 5 (“Rolling Renewal”).

1.10. If you do not wish to have your Membership automatically renewed, then you can select the Renewal Reminder in Membership Renewal Preferences. It is a condition of Rolling Renewals that the Membership is paid in full by the payment cut-off date each membership. Members who do not wish to Rollover MUST Opt Out by following the instructions in the Opt Out processes according to 2.15-2.17.

Confirmation of Membership

1.11. After applying for Membership, New Members will receive an order confirmation via email once the Membership has been processed. This may take up to three business days to be sent. If New Members do not have an email address, or do not receive confirmation their application has been received, they can call the OzFish Membership Team on 1800 431 308 and confirm their application has been received. They may also request a printed copy of the order confirmation be posted to them.

1.12. Once an application is processed the new members will be posted their “OzFish Member Welcome Pack”, the primary account holder will also receive the OzFish Chapter welcome email.

Renewing Membership

2.1.               A renewing Member is a person who held a OzFish Membership and renews or automatically rolls over for the next membership term.

“Automatic Rollover” or “Rolling Renewal”

2.2. All renewing Members who paid by credit card or debit credit card can either automatically rolled over and charged accordingly for Membership in subsequent membership terms (“Automatic Rollover” or “Rollover” or “Rolling Renewal”) or Can have a renewal reminder emailed to them 1 month prior to the required renewal payment cut-off date.

2.3. All New Members who join and pay by credit card or debit credit can select either automatically rolled over and are charged accordingly for their Membership term in subsequent seasons (“Automatic Rollover” or “Rollover” or “Rolling Renewal”) or can be reminded to renew which is emailed 1 month prior to the required renewal payment cut-off date.

2.4. Automatic Rollover means that you automatically subscribe for Membership in subsequent terms, unless you follow the Opt Out procedure outlined in Condition 5 or select renewal reminder.

2.5. The price of Membership in subsequent seasons will be charged to the credit card or debit credit card, the details of which have previously been provided to us (updated from time to time either by you or by way of information provided by auto update services) and are recorded on the Primary Account.

2.6. The charge for the subsequent seasons’ Membership will be at the price communicated in the Rollover Correspondence sent via email to all Primary Account Holders, detailing upcoming Membership information.

2.7. Automatic Rollover has been set up for the convenience of Members so that they do not have to re-subscribe for Membership each year. It enables Members to easily maintain continuity of tenure and their preferred Chapter, where relevant. However, if Members prefer not to make use of this option Members may Opt-Out of Rollover by following the instructions supplied with the Rollover Correspondence. See Condition 5 for further detail.

2.8. All Members who paid by a method other than credit card or debit credit card will not have their Membership Rollover and will be required to action their renewal manually for any subsequent year(s).

2.9. Members whose Membership is subject to Rollover will have the full amount for their Membership renewal charged to their supplied payment method on the Payment Date which is the date the membership is due.

2.10. Membership prices may increase each year and from that point onward all renewing Members may be charged at the standard prices advertised on the OzFish Website. Members will be notified of any prices changes via email.

2.11. It is the Member’s responsibility to ensure the credit or debit card details provided are correct, including notification should the expiry date change. It is also the Member’s responsibility to ensure sufficient clear funds are available on the nominated account for the Rollover Payment and that all contact details always remain correct.

2.12. If a Rollover Payment is returned or dishonoured by the financial institution, any fees levied by your financial institution will be payable by you.

2.13. If a Rollover Payment fails to transfer to OzFish nominated account for Membership payments on the Rollover Date, further attempts will be made over the following 30 days without notice to procure transfer of the funds until successfully processed. The Member may be contacted via SMS or email to advise of any failed payments.

Opting Out of Rollover

2.14. Members who do not wish to rollover MUST Opt-Out by following the instructions and strict deadline included in the Rollover Correspondence, otherwise, their payment will be processed and deducted from the credit/debit card previously notified.

2.15.  Opt-Out requests can be accepted via email, over the phone, in writing via traditional post and not through any other method other than that which is communicated in the Renewal Correspondence. It is the responsibility of the Member to ensure this procedure is followed correctly.

2.16  Opt-Out requests will be successfully activated within (3) three business days of receiving the Members request and a notification will be sent to the Primary Account Holder to confirm that the automatic payment has been canceled.

2.17. Junior Memberships are available to Members aged 0-18 years inclusive. Junior Members, who are no longer eligible for Junior pricing will be automatically renewed as an Adult Membership and this price will be communicated to the relevant Primary Account Holders in the Rollover Correspondence. Junior Membership eligibility will be determined by the date of birth provided.

3.1.  Subject to complying with its obligations under the Australia Consumer Law and other legislation OzFish Unlimited reserve the right to amend advertised Membership pricing should circumstances beyond the reasonable control of OzFish Unlimited affect the ability to provide Memberships at the advertised price.

3.2. OzFish Unlimited do their best to ensure products and services are delivered at their advertised price, however, should events such as the COVID-19 pandemic occur then prices may be amended to reflect the effect of such an event.

3.3. All prices advertised on the OzFish Membership site, flyer, renewal form, application form or any other communication method are inclusive of GST, unless otherwise stated.

3.4 We may increase the costs to memberships, these will become effective the first day of a renewal term by giving you notice of the new cost at least thirty (30) days before the beginning of the renewal term.  If you do not cancel your subscription, you shall be deemed to have accepted the new cost for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).

3.5  Reductions in fees become effective on the next renewal term without any prorate for the period covered under the then preceding subscription period.

4. PAYMENT

Upfront Payment

4.1. Upfront/Full Payment: Members may pay in full online via VISA, MASTERCARD or PAYPAL at the time of application.

4.2. Charges against credit cards will appear on your statement as ‘OzFish Unlimited Ballina’.

4.3. If a credit card payment is declined by your bank (or financial institution) you will be contacted for an alternate form of payment. Any fees levied to you for a failed payment by your financial institution will be payable by you. If a payment fails on three (3) consecutive occasions your Membership order may be automatically cancelled without notice.

5.1. All Members paying via credit card (VISA, Mastercard) or debit credit card backed by VISA or Mastercard, regardless of type of Membership, payment method or method used to become a Member or renew Membership, agree that it is the condition of Membership that their Membership will be subject to either the Automatic Rollover, also referred to as ‘Rolling Renewals’ or ‘Rollover’. Memberships will be automatically rolled over and renewed from the term of their members.

5.2.Membership will be automatically renewed into the same package and terms (s) for subsequent periods, at the updated and relevant price, using the same payment and membership details as the previous season, unless:-

5.2.1. Otherwise advised by the Member by the Opt Out Cut-Off Date, and

5.2.2.The Member follows the instructions in the Rollover Correspondence for discontinuing the Rollover and completes the Opt Out procedure.

5.3. If multiple credit cards were used to pay for Membership across multiple Membership applications, it is the responsibility of the Member to contact OzFish Unlimited to nominate which credit card is to be used and ensure the Rollover is charged to their preferred credit card. Otherwise, OzFish Unlimited will charge the costs of Membership to the credit card using the details accepted in the previous year.

5.4. Prior to the annual Rollover Date, all Primary Account Holders will receive Rollover Correspondence to the email address supplied by the Member 30 DAYS prior to the Rollover, which details the pricing for the following season. From receipt of the Rollover Correspondence, Members who do not wish to continue their Membership for the next year will have a minimum four-week period within which they can give notice to OzFish Unlimited that they will not be continuing their Membership (“the Opt-Out Period”) by following the Opt-Out procedure outlined in the Rollover Correspondence. It is important for all Members to check they always have a registered email address on their account to ensure this important communication is received.

5.5.Prior to the Rollover Date, Members must notify OzFish Unlimited if they wish to Opt-Out by following the instructions provided in the Rollover Correspondence (strict deadlines apply). Opt-Out requests can be accepted via email, over the phone, in person, via post or through any other method other than that which is communicated in the Rollover Correspondence. It is the responsibility of the Member to ensure this procedure is followed correctly.

6. MEMBER SINCE STATUS

6.1. When you become a Member with OzFish Unlimited the date you joined is recorded against your account as your “Member Since” Status.

6.2. Only consecutive years of Membership are counted towards the “Member Since” Status.

6.3. Your Member Since Status begins from the time that your name appears on a Membership and is not transferable.

7. MEMBERSHIP CLASSIFICATIONS AND AGE RESTRICTIONS

7.1.  A Family Membership is defined as a group of up to six (6) individuals, including both children and adults, who are part of a family unit. This membership may include grandparents, children, step-children, and extended family members (see section 7.2 for the definition of a junior member). When purchasing a Family Membership, both the adult and the other associates of the family must be registered as part of the membership.

7.2. To be eligible for a Junior Membership, the applicant must be 18 years or younger as at the time of registration.

7.3.  All junior Members must have their Membership recorded under their own individual name and date of birth must be provided for each junior Member on an account. Failure to do so will result in the adult price being applied to the order.

7.4. Once a junior Member reaches 18 years of age, their Membership will be renewed and charged as an Adult Membership as they will no longer be eligible for a Junior Membership.

7.5.  An Adult is defined as anyone aged 18 years and older.

8. MEMBERS BOUND BY TERMS AND CONDITIONS

8.1.Regardless of how the Membership is renewed or purchased, it is a condition of Membership that all Members agree to be bound by these Terms and Conditions of Membership with OzFish Unlimited.

8.2.  All Members must make any person making use of their Membership aware of these Terms and Conditions.

8.3. Any Member in breach of these Terms and Conditions risks having their Membership cancelled without refund.

8.4. The Member acknowledges that they have read these Terms and Conditions carefully, obtained advice if they consider necessary, and agrees with them.

9.1. All Members must take responsibility for updating their personal details so OzFish Unlimited can communicate with them effectively.

9.2. The Primary Account Holder of a Junior Member is responsible for ensuring the Junior Member details are up to date.

9.3.Email is an extremely important communication tool, so all Members are strongly encouraged to register their email address and remain subscribed to ensure they receive all important information throughout the year (including Rollover Correspondence). Members who unsubscribe from e-newsletters will not receive any further communications via email, however they will still receive the Rollover Correspondence via email.

9.4. OzFish Unlimited hold no responsibility for a member’s failure to update or provide their personal details. To update your personal details please contact OzFish on info@ozfish.org.au or 1800 431 308.

10. LIMITATION OF LIABILITY

10.1.If OzFish Unlimited are unable to deliver on its representations in the Membership offer the Member agrees to the fullest extent permissible by law to release OzFish Unlimited from any liability and not to seek a refund or compensation from OzFish Unlimited for any such inability.

10.2. The products and services offered in any promotional material or promotional activity are not offered by OzFish Unlimited. OzFish Unlimited do not accept liability for any product or service referred to in such material, and to the fullest extent permissible by law excludes all liability with respect to these products and services.

10.3. OzFish Unlimited are required to abide by all government recommendations and restrictions imposed in relation to the management of the public health risks associated with the COVID-19 Pandemic (or any other public health incident), along with any other obligations, protocols, or restrictions. Any offers, benefits or inclusions provided to Members are subject to any government recommendations, restrictions, or protocols.

11.1.  Renewing and new Members who pay in full will start to receive their digital Membership information emails within a week of their renewal or upon signup.

11.2. We deliver our welcome packs and renewal gifts Australia wide using Australia Post. Orders are dispatched within 5 business days and shipping times are estimated within 14 business days depending on your location within Australia.

11.3. OzFish Unlimited is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-14 business days; if an ordered item is not available, or we are unable to fulfil your order we will notify you within 5 business days to arrange an agreeable alternative item, a backorder or a full refund.

11.4 If you are not satisfied with your product or would like a different size, we are happy to exchange it for a new one. Returns will need to be made at your own cost and undamaged/unused. This is in addition to your rights under Australian Consumer Law. Please contact us to arrange an exchange on 1800 431 308 or email info@ozfish.org.au

12. CANCELLATION OF MEMBERSHIP

12.1. Memberships can be cancelled. Membership fees are normally non-refundable but if you have made an error in your membership selection or change your mind about joining OzFish Unlimited, please email the Membership Team.

12.2.  Primary Account Holders may send a written request to OzFish Unlimited at least four business days prior to their membership renewal to cancel their membership.

12.3. All of the fees paid, and charges made prior to termination, are non-refundable. Termination of your membership shall not relieve you of any obligations to pay accrued charges.

13. PRIVACY

13.1. When you apply to become a OzFish Unlimited Member we ask you to provide us with personal information.

13.2. You consent to us using your personal information to communicate with you about us, and let you know about our policies and terms. We also use your information to respond to you when you contact us. Communication may be via a range of electronic or digital formats and platforms.

13.3. Your privacy is important to OzFish Unlimited and there are procedures in place to ensure that your information remains confidential. We are mindful that your personal details are private and as such we will only disclose your information in accordance with the Privacy Act 1988.

13.4. Any request for Membership information can only be made by the Primary Account Holder. If a Secondary Account Holder wishes to request Membership information, they must become a Primary Account Holder and the existing Primary Account Holder must submit written confirmation asking for the appointment of a new Primary Account Holder whereupon the existing Primary Account Holder will be released.

13.5. You may access your private information held on OzFish Unlimited database by contacting OzFish on 1800 431 308. Information will only be disclosed in accordance with OzFish Unlimited Privacy Policy available on OzFish Unlimited website.

13.6. All Members acknowledge that they have read OzFish Unlimited Privacy Policy and Collection Statement available on OzFish Unlimited website and understand how their personal information is stored, used, and disclosed.

14.1 Your account either a Bank Account or Credit Card will be debited as agreed between you and Ozfish, either:

a) As a once-off donation;

b) for an ongoing regular gift for every one week, 2 weeks, or every month, or as otherwise agreed, or;

c) for annual membership automatic renewal, on the day it is due to expire.

14.2. By providing your bank account, credit or debit card details as the payment method for your regular gift, you are authorising us to debit from your designated credit or debit card the amount of money nominated by you on your requested frequency. If your payment is not authorised by your bank during the first debit attempt, we may make further attempt/s to debit your card again – at no cost to you.

14.3.  It is your responsibility to ensure sufficient cleared funds are in the nominated account when payments are drawn. If the transaction is returned unpaid, we will re-attempt the same debit and then we may contact you seeking instructions.

14.4. Should you wish to cancel, defer or make alterations to the arrangement or stop an individual payment, please call 1800 431 308 or write to our Ozfish Unlimited on the details below giving 14 days’ notice. We will give you 14 days’ notice if we vary the debit arrangements such as defer the drawing, alter the schedule, increase or decrease the regular drawing, stop an individual payment, dispute any debit, suspend or cancel the direct debit arrangement.

14.5. Should you have any queries or dispute any debit item, please contact OzFish Unlimited in the first instance. If our investigations show that your Account has been incorrectly debited, we will arrange for the Financial Institution to adjust your Account accordingly. We will also notify you of the amount by which your Account has been adjusted. If, following our investigations, we believe on reasonable grounds that your Account has been correctly debited, we will respond to your query by providing you with reasons and copies of any evidence for this finding. If we cannot resolve the matter, you can still refer to your Financial Institution, which will obtain details from you of the disputed payment and may lodge a claim on your behalf.

14.6. Your records and account details will be kept private and confidential to be disclosed only if requested by you or your Financial Institution if a claim is made for an alleged incorrect or wrongful debit.

14.7. If any provision of this Direct Debit Request Service Agreement is found to be illegal, void or unenforceable for unfairness or any other reason, the remaining provisions will continue to apply to the extent possible as if the void or unenforceable provision had never existed.

14.8 . Due to the nature of charity donations, refunds are given at the discretion of our gift fund committee. Please make sure that the amount you enter is the amount you wish to give. In the event of an incorrect amount being entered, or if the donation is made accidentally or there is an extremely unusual circumstance, we will review the request and respond. We will refund if there was a system error with the donation or membership processing. Any refunds will be made to the card used for the original purchase or donation. If you make an error, please email info@ozfish.org.au or call 1800 431 308 as soon as possible.

14.9. If a donation is refunded, the associated tax receipt is no longer truthful so it should be destroyed.

14.10. OzFish will issue an electronic receipt for donations to the email submitted with the donation. Donations of $2 and more are tax deductible.

17.1. All details outlined in the Frequently Asked Questions also form part of the Terms and Conditions. To the extent of any inconsistency the Terms and Conditions prevail.

18. RIGHT TO AMEND TERMS AND CONDITIONS

18.1.   OzFish Unlimited reserves the right to amend these Terms and Conditions as may be reasonably necessary from time to time in its absolute discretion.

19. ACCEPTANCE OF TERMS AND CONDITIONS

19.1.  By applying for Membership, I acknowledge that I have carefully read and accept the above Terms and Conditions. All Members are bound by these Terms and Conditions regardless of how the application was submitted.

20. OZFISH UNLIMITED LTD

20.1. OzFish means OzFish Unlimited Limited or any of its related entities and includes where the context implies.

OzFish Unlimited Ltd
PO Box 446
BALLINA NSW 2478
ABN:  29602568696

Phone: 1800 431 308

Email: info@ozfish.org.au