These terms and conditions apply to your use of the Sports Chaplaincy Australia Inc. ClubCare ACCESS Service.
In consideration of you being a Subscriber, SCA will provide the Service for the Subscriber following an incident during the Period. These T&C’s form part of the agreement between us.
For the purpose of these T&C’s the following definitions apply:
1. Responder: means a ClubCare Manager or other SCA Accredited and/or otherwise Authorised Person.
2. Association: means the association entity of which the Subscriber is a member.
3. Subscriber: means any club or group who has paid for the Service.
4. Service: means the subscribed ClubCare ACCESS Service.
5. Period: means the defined period of time of the subscription service.
6. Incident: means a crisis event, critical incident, traumatic event or a significant distressing occurrence, the consequence or aftermath of which has, or may have a significant corporate effect on a Subscriber community.
7. Confidential Information: Confidential Information shall include all non-public information, written or oral, disclosed, directly or indirectly, through any means of communication or observation by the Subscriber or any of its members or representatives to or for the benefit of the Subscriber or other parties.
8. Subscription Fee: means the subscription fee as set out in the ClubCare ACCESS Subscription Form or as otherwise agreed in writing between SCA and the Subscriber or the Subscriber’s Association.
TERMS AND CONDITIONS
The CLUBCARE ACCESS PROGRAM provided by SCA is a specialised service of pastoral care response and support for Associations/Leagues and their member clubs/groups when facing an Incident.
a) What is covered by this ClubCare ACCESS Agreement?
SCA shall provide the Subscriber with a range of services, at its discretion, when called upon by the Subscriber when an incident occurs. Those services include,
i) Access to a Responder via a 1300 number or other contact
ii) Initial remote pastoral care support via phone or email for those affected
iii) Critical Incident pastoral care debriefs with club members, incident stakeholders, club committees, teams, families and/or individuals
iv) Follow-ups with major incident stakeholders
v) Incident consultancy for club leadership
vi) Referrals for professional medical and counselling support
vii) Access to SCA’s wider-network for pastoral care support of remote individuals, families or medivac patients
viii) Care Resources for clubs and their members, such as care information sheets, content for club website, grief and loss information, suicide awareness and other such resources to assist with member care
ix) ClubCare ACCESS Member Logo Badge for promotional literature
x) Incident reporting and case management
b) What is not covered by this ClubCare ACCESS agreement?
Incidents which have a limited impact on the wider club community or Incidents which directly or indirectly affect individuals or less than 6 people, including Incidents deemed, in the judgement of SCA, not to be classified as being of a traumatic or critical nature.
2) Payment & Costs
a) The Subscriber shall pay to SCA the Subscription Fee.
b) Subject to 2 c) below, SCA shall provide the Services to the Subscriber as part of the subscription fee: the service will include travel, meals, accommodation, appointments, presentations, resource costs and administration.
c) From time to time Subscribers may require extraordinary responses which may require extraordinary costs. These costs shall be agreed to in writing between the Subscriber and SCA prior to any commitment.
d) The Subscriber shall ensure the Responder has access to all major incident stakeholders, their personal contacts, and authority and access to venues to execute the Service as reasonably required.
SCA represents and warrants that it shall perform the Service in a proper, workmanlike and professional manner with the degree of care and skill required by current, good and sound professional procedures of the relevant kind. Further, the Subscriber represents and warrants that it shall accommodate the Service in accordance with all applicable specifications and laws.
a) Mutual Indemnity. Each party shall indemnify, defend, and hold harmless the other party and its directors, officers, employees, shareholders, partners, agents, and affiliates, against all claims, liability, and expenses (including legal fees) arising from:
i) any breach of any representation or warranty contained in this Agreement;
ii) any breach or violation of any covenant or other obligation under this agreement or applicable law;
iii) any negligent act or omission or wilful conduct of the other party or its directors, officers, employees, shareholders, partners, agents, or affiliates.
b) Conditions. Each party’s indemnification obligations are conditional upon the indemnified party:
i) promptly notifying the indemnifying party of any claim in writing;
ii) cooperating with the indemnifying party in the defence of any claim; and
iii) granting the indemnifying party sole control of the defence or settlement of the claim.
c) Exceptions. The parties shall not be entitled to indemnification if the claim is based on or results in any material part from the negligence or unlawful or wrongful acts of the party seeking indemnification.
d) Exclusive Remedies. The indemnification rights granted under this clause 4) are the exclusive remedies available under this Agreement in connection with the claims and losses that this clause 4) addresses.
Both Parties shall take out and continue for the duration of the subscription all necessary insurances.
a) SCA may terminate all or any part of the Service in the event of any default by the Subscriber.
b) Termination does not affect liability for any amounts owing by one party to the other party up to the date of termination.
7) Limitation of liability
In no event whatsoever or howsoever arising shall SCA be liable to the Subscriber or any third party, including the Governing Association for any incidental, indirect, special, punitive or consequential damages or damages for any loss of profits, loss of revenue, loss of business or goodwill, data or data use arising out of or in connection with the Service, whether an action in contract or tort (including negligence) or any other legal theory and whether or not SCA has been advised of the possibility of such losses and/or damages.
Both Parties agree to treat all Confidential Information as confidential both during and after the Period.
A waiver by either party of any default under this Agreement or of any term or condition under this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.
10) Set off
The Subscriber shall not have the right at any time to set-off any amount owing to SCA against any amount payable by the Subscriber under this Agreement.
11) Entire agreement
This Agreement contains all the terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.
SCA reserves the right to change the terms and conditions of this Agreement at any time without notice. Changes will be posted on-line at sportschaplaincy.com.au/terms-cca.
13) Governing law
This Agreement is governed by the law of Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria.