MEMBERSHIP TERMS AND CONDITIONS

  1. Overview

 

In this Membership Agreement

 

1.1 “You” means you, the member, as specified on the Membership Application form; and

1.2 “Us” or “we” means Pirate88 and 8Legs Media.

 

1.3 We operate the Radio Station.

 

1.4 This Membership Agreement sets out the terms and conditions of your membership of the facility.

 

1.5 This Membership Agreement includes the Membership Details, the Conditions of Entry to the Pirate88 Radio Station, and these Membership Terms and Conditions, as varied in accordance with this Membership Agreement.

 

  1. Your Membership

2.1 During your Terms, you may access and use the Pirate88 Radio Station Facility in accordance with your Membership Type and this Membership Agreement.

 

2.2 Your Membership Type refers to the Membership type you have selected and the conditions for that type found on www.Pirate88.com.au/terms-and-conditions

 

2.3 Your membership of the Pirate88 Radio Station Facility under the Membership Agreement:

 

2.3.1 Is subject to the terms and conditions of this Membership Agreement;

 

2.3.2 Is subject to any limitations and exclusions applicable to your Membership Type; and

 

2.3.3 Does not entitle you to any access or use of the Pirate88 Radio Station Facility other than in accordance with clause 2.1 or any other goods or services from us or any third party (including any services provided by third parties at the Pirate88 Radio Station Facility) - such as audio recording services.

 

2.3.4 Is not transferable to another person.

 

2.3.5 You acknowledge and agree that your membership online login access cannot be shared with another person, friend or family member. If you breach this term you will be notified by us and be debited by our billing provider (Stripe) and initial unauthorised fee of $50. Subsequent breaches will incur a $100 unauthorised fee and your membership may be cancelled.

2.4 If you wish to use or access any part of the Pirate88 Radio Station Facility or receive any goods or services from us outside the scope of this Membership Agreement, you will need to enter into a separate agreement with us. Please speak with our Sales Account Managers to discuss this.

 

  1. Your Membership Online Login Access

 

3.1 You will need your membership online login to access your content and/or correspondence with the Pirate88 Radio Station Facility and must login each time you use any online content and services.

 

3.2 If you lose or forget your membership online login details you may call, email or access the Pirate88 Radio Station Facility during staffed operating hours and gain access to your login details by contacting our Administration team. You cannot ask or expect another person to let you use their online login details to access your online content.

 

3.3 You must not let anyone else into the Pirate88 Radio Station Facility at any time or let anyone else use your membership online login access. If you break this term you will be charged a feww in accordance with 2.3.5 and/or have your membership suspended or cancelled.

 

3.4 If your membership online login access is blocked due to exceeding incorrect login attempts you must notify us immediately and get a password reset by our Administration Team.

 

  1. Duration of your membership

 

4.1 Commencement

 

This Membership Agreement will commence on the Start Date.

 

4.2 Expiry

 

4.2.1 If your Membership Type is ‘Paid in Full’, this Membership Agreement will, unless terminated by you or us, expire at the end of the Pain in Full Term.

 

4.2.2 If your Membership Type is ‘Direct Debit’, this Membership will, unless terminated by you or us, not expire at the end of the Direct Debit Minimum Term but will automatically continue after the end of the Direct Debit Minimum Term on an ongoing basis. 

 

4.3 Minimum Term

 

4.3.1 All memberships have a minimum contractual term:

  • SWEEP Memberships are ongoing memberships with a 7 day minimum term.

  • BRONZE Memberships are ongoing memberships with a 7 day minimum term.

  • SILVER Memberships are ongoing memberships with a 28 day minimum term.

  • GOLD Memberships are ongoing memberships with a 28 day minimum term.

  • PLATINUM Memberships are ongoing memberships with a 28 day minimum term.

 

  1. Cooling Off Period

 

5.1 The cooling off period for memberships is 48 hours from when agreement is signed.

 

5.2 You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling Off Period by giving us written notice. You must give us notice in accordance with clause 14.2.

 

5.3 If you terminate this Membership Agreement during the Cooling Off Period under clause 5.1:

 

5.3.1 This membership agreement will be terminated on the date your written notice is received by us; and

 

5.3.2 We will refund you all Fees you have paid to us under this Membership Agreement.

 

5.4 If you do not terminate this Membership Agreement during the Cooling Off Period under clause 5.1, this Membership Agreement will continue in accordance with clause 2.

 

  1. Changed to your membership

 

6.1 Changes to this Membership Agreement

 

6.1.1 We may amend the terms of this Membership Agreement from time to time, including any or all of:

 

  1. The Membership Terms and Conditions; and/or

 

  1. The Pirate88 Radio Station Facility Rules.

 

6.1.2 We will give at least 10 business Days’ notice of any changes to this Membership Agreement and the date they are to take effect.

 

6.1.3 If we change this Membership Agreement under the clause 6.1.1 and you are adversely affected by the change, you may terminate this Membership Agreement by giving us written notice of the adverse effect prior to the changes taking effect. If you terminate the Membership Agreement under this clause 6.1.1, the Membership Agreement will be terminated on the date we give you written notice that we have accepted that the change adversely affects you.

 

6.1.4 Unless and until we give you notice that we have accepted that the change adversely affects you, this Membership Agreement will continue in accordance with clause 2.1.

 

6.1.5 If you terminate this Membership Agreement Under clause 6.1.3;

 

  1. You must pay us all outstanding Fees for the period up to and including the date or termination;

 

  1. We will refund to you any Membership Fees you have already paid for the period after the date of termination; and

 

  1. We will not refund you the Joining Fee or any other Fees paid for the period up to and including the date of termination.

 

6.1.6 If you do not seek to terminate your membership in accordance with clause 6.1.3, you will be deemed to have accepted any changes we have made to this Membership Agreement.

 

6.2 Changes to Facilities

 

We may change all or part of the Pirate88 Radio Station Facility at any time, including by;

 

  1. Adding, removing or replacing equipment (whether available for use by your Membership Type or not);

 

  1. Change the name of the Facility; and

 

  1. Temporarily or permanently closing parts of the Pirate88 Radio Station Facility (including the circumstances described in clause 9.6).

 

6.2.2 Any change to the Pirate88 Radio Station Facility as described in clauses 6.2.1(a) and 6.2.1(b) and, without limiting clause 9.6, does not constitute any change to this Membership Agreement and does not entitle you to terminate this Membership Agreement clause 6.1.3.

 

6.3 Changes to your Membership Type

 

6.3.1 A notice period of ten (10) working days prior to your next scheduled membership payment is required in order to make changes to your membership payment is required in order to make changes to your membership payment which includes altering payment details, upgrading or downgrading your member and applying a corporate discount.

 

7. Payments

 

7.1 Fees

 

7.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Methid.

 

7.1.1 If your Membership Type is Paid in Full, you must pay the Fees up front for the Paid in Full Term by the Payment Method.

 

7.1.2 If your Membership Type id Direct Debit, you must pay;

 

  1. The joining fee upfront with the option to pay fortnightly instalments;

 

  1. The pro-rata amount upfront and;

 

  1. The Membership Fees and any Suspension Fees, as varied in accordance with clause 7.10.1 and 7.10.2 weekly or fortnightly in advance by the Payment Method for the Direct Debit Minimum Term and any ongoing period.

 

7.2 Direct debit

 

7.2.1 Direct Debit payment for Fees is managed by us. If your Membership Type is Direct Debit, we will debit your nominated bank account or credit card throughout the Term for the Membership Fees and any Suspension Fees, as varied in accordance with clause 7.10.1 and 7.10.2 in accordance with the Direct Debit Request Service Agreement.

 

7.2.2 If the due date for payments of and Membership Fees or Suspension Fees falls on a day which is not a Business Day, we will direct debit your nominated bank account or credit card on the next Business Day.

 

7.3 Membership Online Access Fee

 

7.3.1 Your membership online access fee is payable at sign up, is required for your membership access and is non-refundable.

 

7.4 Changes to Payment Method and payment details

 

7.4.1 If you wish to change the details relating to your Payment Method, you must give us written notice of the new Payment Method details prior to your next scheduled payment date and do everything we reasonably require to ensure that we continue to receive payment of your Fess.

 

7.5 Payment Method Fees

 

7.5.1 If you have chosen to pay by a Payment Method that causes us to incur any merchant or transaction fees, we may pass these fees on to you by deducting the fees via your Payment Method.

 

7.6 Other Charges

 

7.6.1 Your Membership Fees payable under this Membership Agreement only entitle you to use the Pirate88 Radio Station Facilities and its equipment available at the Facility in accordance with your Membership Type.

 

7.6.2 Any charges for other services, facilities or equipment will be as agreed between you and us. This may be recorded in a separate agreement between you and us, such as for the hire of equipment at the Pirate88 Radio Station Facility.

 

7.7 Refunds

 

We are under no obligation to refund money you have paid to us, except as expressly set out in this Membership Agreement.

 

7.8 Dishonored payments

If your payment method fails for any reason;

 

7.8.1 We will suspend your account from facility access as soon as your bank has informed us that a payment has been dishonored. We will notify you by SMS and/or email when a payment has been dishonoured.

 

7.8.2 You will be charged a $15.00 administration fee for each time a payment dishonours. This is in addition to your outstanding fees.

 

7.8.3 You must pay us on demand all resulting fees and charges; and

 

7.8.4 You authorise us to charge you via your Payment Method for any such resulting fees and charges.

 

7.9 GST

 

7.9.1 Your fees are inclusive of goods and services tax (GST).

 

7.9.2 If the rate at which GST is calculated changes during the Term, your Membership Fees and any Suspension Fees will be adjusted to account for any change in the rates of calculating GST. You authorsie us to change any debit from your Payment Method to account for the change in the rate of calculating GST. This clause only applies if your Membership Type is Direct Debit.

 

7.10 Adjustment to Fees

 

7.10.1 We may adjust your fees by no more than 10% on any one occasion in any one given financial year by giving you at least 10 Business Days’ notice of the date from which the adjusted Fees take effect.

 

7.10.2 You:

 

  1. Must pay any adjusted Fees from the date the adjustment takes effect; and

 

  1. Authorise us to change any debit from your Payment Method to accord with any adjustment to your Fees under clause 7.10.1.

 

7.10.3 An increase of your Fees under clause 7.10.1 will not constitute a change with an adverse effect for the purpose of clause 6.1.3.

 

8 Your Membership Obligations

 

8.1 Pirate88 Radio Station Facility Rules

 

You must:

 

8.1.1 comply with the Pirate88 Radio Station Facility Rules at all times;

 

8.1.2 comply with instructions given by our staff in relation to the Pirate88 Radio Station Facility;

 

8.1.3 not interfere with the use of the Pirate88 Radio Station Facility by any other period (including and Facility members and hirers of equipment or areas in the Pirate88 Radio Station Facility); and

 

8.1.4 not behave in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Pirate88 Radio Station Facility by others.

 

9. Your Obligations

 

9.1 Access

 

9.1.1 All or part of the Pirate88 Radio Station Facility and any equipment of the Pirate88 Radio Station Facility may be unavailable on a temporary basis, including for maintenance, repairs, private functions, community group programming, exclusive use and Facility programming or in the circumstances described in clause 9.6.

 

9.1.2 In addition to our rights under clause 10.2.2 and 11.2.2, we may deny you access to the Pirate88 Radio Station Facility or direct you to leave the facility of we decide that your behaviour;

 

  1. Is inconsistent with the Pirate88 Radio Station Facility Rules;

 

  1. Is inappropriate, risky or detrimental to the safe enjoyment of the Pirate88 Radio Station Facility by yourself or others.

 

9.1.3 Exercise of our rights under clause 9.1.2 will not entitle you to a refund of any Fees or grant you any right to terminate this Membership Agreement.

 

9.2 Creative Briefs and recommended activities

 

9.2.1 Our employees or contractors may, on your request, develop a Creative Brief and.or recommend activities for you and your Business at Pirate88 Radio Station Facility. You acknowledge and agree that:

 

9.2.2 Our employees and contractors, unless we give you written notice otherwise, hold no medical qualifications; and

 

9.2.3 You follow the program and/or recommendations at your own risk and we are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from you following the Creative Brief and/or recommendations.

 

9.3 Medical

 

You authorise us to obtain medical/ambulance assistance for you in the case of an accident or emergency involving you, and agree to reimburse us on demand for all costs we incur in obtaining such assistance.

 

9.4 Personal Safety

 

9.4.1 The Pirate88 Radio Station has an emergency board situated at the entrance to the Chamber of Commerce building. The emergency board has a first aid kit, defibrillator, emergency phone numbers and personal security alarm devices. These devices are used to alert security to a threat or medical issue in the Chamber or Commerce building outside of staff hours.

 

9.4.2 If you deliberately  use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of the inappropriate use.

 

9.4.3 During the event of an emergency, the centre emergency evacuation alarm will siren and you must exit the building immediately and/or follow the direction of the security guard.

 

9.4.4 You must be cautious when entering, leaving and using the Pirate88 Radio Station Facility and you must wear personal alarm lanyards when appropriate, for example, if recording audio alone or outside of staffed hours.

 

9.4.5 You agree to follow any reasonable direction of the Piarte88 staff, including security relating to health, safety or security matters or related matters.

 

9.5 Creative Briefs and activities run by third parties

 

From time to time third parties may, at your request, provide goods and services to you at the Pirate88 Radio Station Facility, such as IT Technicians. You acknowledge and agree that;

 

9.5.1 We are not responsibl;e for any such goods or services;

 

9.5.2 You must pay these providers directly for any such goods or services; and

 

9.5.3 We are not liable to you for any claim (including any action, proceeding, debt, demand, cost or expense) resulting from the provision of such goods or services to you.

 

9.6 Emergencies and natural disasters

 

9.6.1 We may be required to use all or part of the Pirate88 Radio Station Facility during emergencies or natural disasters, including providing and coordinating support to those affected by fires or heat waves. You may not be able to access or use all or part of the Pirate88 Radio Station Facility during these periods.

 

9.6.2 We will use reasonable endeavours to provide you with notice of any Emergency Period in accordance with clause 14.3.

 

10. Suspension of your Membership

 

10.1 Suspension by you

 

10.1.1 You may voluntarily suspend your membership from time to time for one or more periods for a minimum of 7 days not exceeding a total of 12 weeks in each calendar year by giving us written notice. Suspension requests may take up to 5 days to process.

 

10.1.2 We may agree that a Suspension Period will commence up to one month prior to the date you give us written notice, if you provide us with a certificate from a qualified medical practitioner stating that you and/or your business was not operational during that period.

 

10.1.3 You may not suspend your membership if either you or we have given written notice terminating this Membership Agreement.

 

10.2 Suspension by us

 

10.2.1 We may suspend your membership from time to time for a period chosen by giving you written notice:

 

10.2.2 If you fail to pay the Fees (or any instalment of the Fees), or part thereof, when due;

 

10.2.3 If we decide that you have behaved in a way which is inappropriate, risky or detrimental to the safe enjoyment of the Pirate88 Radio Station Facility by others;

 

10.2.4 If we consider your use or access of the Pirate88 Radio Station Facility poses a health risk to you or any other period and you have not provided us with the evidence as we reasonably require (including medical certificate) to the contrary;

 

10.2.5 If you breach any term of this Membership Agreement, and either;

 

10.2.6 You do no remedy the breach within 10 Business Days of written notice from us; or

 

10.2.7 The breach is incapable of being remedied; or

 

10.2.8 If the facility is unavailable or unfit for use, including during an Emergency Period.

 

10.3 Effect of Suspension

 

10.3.1 During any Suspension Period

 

  1. You must not use the Pirate88 Radio Station Facility under this Membership Agreement;

 

  1. You will not pay the Membership Fees for the Suspension Period; 

 

  1. You will pay the Suspension Fees for the Suspension Period; and

 

  1. Any Content Creations, currently playing Radio ads, sweepers, online websites and/or marketing campaigns of any sort directed by Pirate88 or 8 Legs Media will immediately be terminated until you return from your Suspension Period.

 

10.3.2 We will make a pro-rata adjustment to your Membership Fees and, if applicable, credit you any part of the Membership Fees applicable for the Suspension Period.

 

10.3.3 If your Membership Type is Paid in Full - your Paid in Full Term will be extended by an amount of time equivalent to each Suspension Period during the Paid in Full Term.

 

10.3.4 If your membership type is Direct Debit - your Direct Debit Minimum Term will be extended by an amount of time equivalent to each Suspension Period during the Direct Debit Minimum Term.

 

11. Termination of your membership

 

11.1 Termination by you

 

You may terminate Membership Agreements:

 

11.1.1 If your Membership Type is Direct Debit - at any time prior to the end of the Direct Debit Minimum Term by paying an Early Exit Fee of $49.00 and giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;

 

11.1.2 If your Membership Type is Direct Debit - at any time after the end of the Direct Debit Minimum Tern by giving us at least 28 Days’ notice by submitting a cancellation request form available at reception;

 

11.1.3 Written notice to us, if we breach a material term of this Membership Agreement (other than during a Suspension Period) and do not remedy the breach within 20 Business Days after written notice from you;

 

11.1.4 Immediately on giving written notice to us, if you have become sick or incapacitated and you provide us with a certificate from a qualified medical practitioner stating that you cannot attend your normal Business duties including any appointments set with Pirate88 or 8 Legs Media for the period of at least 3 months; or

 

11.1.5 Otherwise with our agreement in writing, which we may provide in our absolute discretion.

 

11.2 Termination by us

 

We may terminate Membership Agreement giving your written notice;

 

11.2.1 If you fail to pay the Fees (or any instalment of Fees) when due;

 

11.2.2 If we decide that you have behaved in a way which is inappropriate risky or detrimental to the safe enjoyment of the Facility by yourself or others;

 

11.2.3 If you breach any term of this Membership Agreement, and either;

 

11.2.4 If you do not remedy the breach within 10 Business 10 Days on written notice from us, or;

 

11.2.5 The breach is incapable of being remedied, or;

 

11.2.6 If the Pirate88 Radio Station Facility is unavailable or unfit for use.

 

11.3 Effect of termination

 

If this Membership Agreement is terminated:

11.3.1 By you under the clause 11.1.1 - this Membership Agreement will be terminated on the next payment date. You must pay us the lower of:

 

  1. All fees that would be payable for the remainder of the Direct Debit Minimum Term; and

 

  1. The Early Exit Fee;

 

11.3.2 By you under the clause 11.1.2 - this Membership Agreement will be terminated on the next payment date. You must pay us any outstanding Fees for the period up to and including the date of termination;

 

11.3.3 By you under clause 11.1.3 or 11.1.4 - this Membership Agreement will be terminated on the date we receive written notice from you. You must pay all outstanding Fees up to and including the date of termination. We will refund any Fees you have already paid for the period after the date of termination;

 

11.3.4 By you under clause 11.1 5 - this Membership Agreement will be terminated on the date as agreed by you and us in writing. You may pay us any amount as agreed by you and us in writing;

 

11.3.5 By us under the clause 11.2.1, 11.2.2 or 11.2.3 - this Membership Agreement

Will be terminated on the date nominated by us in our written notice to you. You must pay us the total of all outstanding Fees for the period up to and including the date of termination plus the Early Exit Fee.

 

11.3.6 If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination unless in accordance with clause 11.1.4 or 11.1.5. If your Membership Type is Paid in Full, we will not refund to you any Fees you have already paid for the period after the date of termination, or;

 

11.3.7 By us under the clause 11.2.4 - this Membership Agreement will be terminated on the date nominated by us in our written notice to you. You must pay us all outstanding Fees for the period up to and including the date of termination. We will refund you and Fees you have already paid for the period after the date of termination. We will not refund to you the Joining Fee or any other Fees paid for the period up to and including the date of termination.

 

11.4 Liability

 

By signing this Membership Agreement you:

 

11.4.1 Are declaring that you are medically and physically able to participate in content creation activities, and understand and accept the inherent risks of undertaking content creation.

 

11.4.2 Acknowledge and agree that you enter the Pirate88 Radio Station Facility and surrounds and/or participate in creative brief appointments, utilise the equipment and/or take advantage of services offered by us absolutely at your own risk.

 

11.4.3 Acknowledge and agree that you release and discharge us from all liability for loss, damage or injury that you may sustain.

 

11.4.4 You indemnify us to the extent permitted by law in respect of any claim by any person as a result of or in connection with your Membership Agreement and.or participation in any of our activities.

 

11.4.5 This release and indemnity shall not apply to the extent that the loss, damage or injury which is subject of the claim is caused, or contribution to, by neglect act of omission by us.

 

12. Disputes and complaints

 

12.1 If a dispute arises concerning this Membership Agreement or you have any complaints about the Pirate88 Radio Station Facility or us, please give us written notice of the dispute or complaint.

 

13. Privacy

 

13.1 We will have access to personal information about you, such as your name and address.

 

13.2 We will only use, disclose and deal with your personal information in accordance with our privacy policy. Our privacy policy is available on our website.

 

13.3 We may sometimes film or photograph the facilities. It is possible you may appear in the background. You agree to allow us to use you image in promotion and other business related materials.

 

14 Notices

 

14.1 Your contact details

 

14.1.1 Your contact details are set out in the Membership Form under Membership Details.

 

14.1.2 You must give us written notice of any changes to your contact details.

 

14.1.3 If we do not receive written notice from you and your contact details change, notice given by us to the email or other address we have on record for you will constitute valid notice under the Membership Agreement.

 

14.3 Notices from us to you

 

14.3.1 We may serve notices on you under this Membership Agreement by any of the following methods:

 

  1. By publishing the notice on our website;

 

  1. By publishing signage in the Pirate88 Radio Station Facility;

 

  1. By email, to the address listed in the Membership details (or to any email address you have notified us of in accordance with clause 14.1.2); and

 

  1. By post or delivery, to the address listed in the Membership Details (or to any postal or physical address you have notified us of in accordance with clause 14.1.4).

 

15. Miscellaneous

 

15.1 Governing Law

 

15.1.1 This Membership Agreement is governed by the law applying in Western Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Western Australia.

 

15.2 Personal Belongings

 

15.2.1 Subject to availability, and if included in your Membership Type, we will give you the use of an unsecured locker space at the Pirate88 Radio Station Facility as part of your membership.

 

15.2.2 The locker is only available for temporary storage of personal items whilst you make use of the Pirate88 Radio Station Facility or participate in a Creative Breif Appointment.

 

15.2.3 We accept no liability or responsibility for damage to or loss of any of your personal belongings at the facilities, irrespective of whether or not those beloginings are stored in a secured locker or not.

 

16. Membership Identification

 

16.1 A photo is required at the time of joining to verify the identity of the membership holder.

 

16.1.2 We reserve the right to refuse entry to the Pirate88 Radio Station Facility in the case you refuse to have your photo taken.

 

17. Service Disruption

 

17.1 Pirate88 Closures

 

17.1.1 In the event of a planned Pirate88 Radio Station Facility closure or disruption to service, for example closure of the Recording Studio for detailed cleaning and maintenance, we will always tell you in advance.

 

17.1.2 We may close the Pirate88 Radio Station Facility and restrict all access permissions from time to time between the hours of 9pm to 5am under clause 17.1.

 

17.1.3 We may close off areas of the Pirate88 Radio Station Facility for refurbishment for extended periods of time. 

 

17.1.4 In the event of an unforeseen facility closure or disruption to service of more than 4 days without prior written notification, we may issue credits to memberships for lost time.

 

17.1.5 We will try, but cannot promise we will be able to tell you about any Gym closure in advance, such as unexpected Events.

 

17.1.6 We are not responsible if members cannot use the Pirate88 Radio Station Facility because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this agreement immediately by written notice.