Corporate Hospitality – Terms and Conditions

The purchase of the Package from Tasmania Basketball Pty Ltd (Tasmania JackJumpers) is subject to the following terms and conditions:

1. Interpretation
In this Agreement, unless the contrary intention appears words or expressions used in this Agreement, which are defined in the A New Tax System (Goods and Services Act 1999 (Cth), have the same meaning in this Agreement.

2. Term 
This Agreement commences on the Start Date and ends on the End Date as described in the Details above.

3. Warranty 
The Customer warrants that:
(a) it has the authority to enter this Agreement; and 
(b) is able to satisfy the financial obligations of this Agreement.

4. Code of Conduct
The Customer must comply and ensure that its guests comply with the following Code of Conduct at all Tasmania JackJumpers games, functions and other non-game day events held, supported or endorsed by Tasmania Jackjumpers in addition to any terms of entry imposed by the venue where the event is taking place: 
(a) Tasmania JackJumpers works with the National Basketball League, stadium management, contracted security services and other external agencies to identify offenders, record incidents and take any potential action against offenders, members or spectators who threaten to disrupt, disrespect or otherwise breach this Code of Conduct.
(b) the Customer and all guests must conduct themselves in ways that are respectful to all, lawful and in the spirit of basketball and agree not to:
(i) use bad language;
(ii) harass or ridicule players, coaches, officials or other spectators;
(iii) engage in or endorse any form of threatening conduct, or vilification or abuse on the basis of race, gender, religion, disability or sexuality; 
(iv) commit any acts of violence, disruptive behaviour or use of offensive or abusive language or gestures;
(v) not do anything or act in a manner which would distract, disrupt or hinder the event;
(vi) conduct themselves in a manner that does not damage (or have the potential to damage) the reputation of Tasmania JackJumpers, its staff, members or supporters; 
(vii) comply with the terms of entry to the event;
(viii) comply with requested from venue staff regarding the operations and emergency procedures of the venue;
(ix) sit in their allocated ticketed seat and present their tickets and entitlements when requested by Tasmania JackJumpers staff;
(x) any merchandise, paraphernalia and or memorabilia provided at an event is to use and enjoy during the event but it must not interfere, disrupt, or injure another person; or 
(xi) bring the game into disrepute.
(c) Tasmania JackJumpers reserves the right, at its absolute discretion, to restrict, prohibit, block, ban anyone from participating in any social media controlled by Tasmania JackJumpers and or the National Basketball League and or any Tasmania JackJumpers events, 
(d) In addition to contacting the police, Tasmania JackJumpers encourages the reporting of any illegal or anti-social behaviour by altering venue security, Tasmania JackJumpers staff or contact Tasmania JackJumpers on 1300 698 443 or via email at partnerships@jackjumpers.com.au

5. Payment  
There is no entitlement to Benefits either in part or whole until the Package Fee is paid in full in accordance with the Payment Terms as described in the Details.

6. Termination
Tasmania JackJumpers may terminate this Agreement immediately if the Customer:
(a) Breaches the Payment Terms as described in the Details and does not make the required payment(s) within 3 days of receiving notice from Tasmania JackJumpers that monies are overdue;
(b) breaches a material term of this Agreement which is not capable of being remedied;
(c) commits a serious breach of the Code of Conduct or any of its guests commit a serious breach of the Code of Conduct;
(d) goes into liquidation, has a receiver, receiver and manager, administrator or similar person appointed, enters into a scheme of arrangement with creditors or is unable to pay its debts as and when they fall due; or
(e) brings the brand or name of Tasmania JackJumpers into disrepute or ridicule.
If this Agreement is terminated in accordance with this clause 6 the Customer agrees that it will not be entitled to a refund or compensation of any kind for Benefits that were not used or enjoyed or otherwise as a result of the termination.

7. Benefits 
(a) The Customer is not entitled to a refund or compensation of any kind for failure to use or enjoy any part or all of the Benefits.
(b) In the event that Tasmania JackJumpers is unable to deliver in part or whole the Benefits the Customer will be entitled to a refund for the value of the Benefits (as determined by Tasmania JackJumpers acting reasonably) that Tasmania JackJumpers is unable to provide up to and limited to the Package Fee paid by the Customer.

8. Limitation 
To the extent permitted by law, the Customer releases Tasmania JackJumpers from any claims, actions, proceedings, costs, damages, losses or expenses.

9. Indemnity 
To the extent permitted by law, the Customer indemnifies Tasmania JackJumpers from and against all claims, actions, proceedings, damages, losses, demands, costs and expenses incurred in connection with any breach of the Customer’s obligations under this Agreement and any claim by a third party resulting from any breach of the Customer’s obligations under this Agreement.

10. Confidentiality
The Customer must treat the terms of this Agreement and all information relating in any way to Melbourne U as confidential except to the extent that such information has become public knowledge (but not because of a breach of this Agreement) or is required to be disclosed by law. 

11. GST
In this Agreement Consideration is GST exclusive. Any monetary consideration to be paid, unless specifically described in this Agreement as GST inclusive, does not include an amount on account of GST.

12. Costs
Unless specifically stated to the contrary, the Customer is obligated to meet all costs and expenses required to comply with its obligations under this Agreement.

13. Privacy
The Customer agrees to be added to Tasmania JackJumpers’s database and to be contacted regarding any services, offers or special promotions in accordance with the NBL privacy policy which may be viewed at https://nbl.com.au/pages/legal.

14. General
(a) The Customer must obtain approval prior approval from Tasmania JackJumpers before assigning or otherwise dealing with this Agreement or a right under this Agreement. 
(b) Failure or neglect by either party to enforce at any time any of the provisions of this Agreement will not be construed or deemed to be a waiver of that party's rights under this Agreement. 
(c) If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, that provision will be deemed deleted from this Agreement and the remainder of this Agreement will continue to have full force and effect. 
(d) This Agreement is governed by and must be construed according to the law applying in Victoria. 
(e) This Agreement may only be varied by a document signed by or on behalf of each party. 
(f) Termination or expiry of this Agreement for any reason will not affect the operation of the provisions of this Agreement which by their nature survive termination or expiry of this Agreement.

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