Terms and conditions for FairPlay voucher applications

1. Definitions and interpretation

1.1 In these Terms and Conditions:

1. Definitions:

Activity Provider means an organisation that is registered under the FairPlay vouchers program at the time of this Round opening.

Department means the State of Queensland (represented by the Department of Sport, Racing and Olympic and Paralympic Games).

Eligible Activity means an activity that the Activity Provider is registered to provide under the FairPlay vouchers program.

Eligible Child means a child or young person who at the time of application:

• is between the ages of 5 and 17 (inclusive); and
• is a resident of Queensland;

and either:

• holds, or whose parent, carer or guardian (who is also a resident of Queensland) holds, a valid Services Australia (Centrelink) Health Care Card, Pensioner Concession Card or Department of Veteran Affairs Pensioner Concession Card with the child’s or young person’s name on it;

OR

• Holds, or whose parent, carer or guardian (who is also a resident of Queensland) holds a valid Medicare card with the child’s or young person’s name on it.

Eligibility Criteria means the criteria in clause 3.1.

Referral Agent means a person who is registered with the Department as a referral agent under the FairPlay vouchers program.

Round means the particular FairPlay vouchers program round that the Voucher application is made.

Voucher means a voucher issued by the Department to an Eligible Child under the Round of the FairPlay vouchers program.

2. Headings are for convenience and do not affect interpretation.
3. “Include”, “includes” and “including” must be read as if followed by the words “without limitation”.
4. A word importing the singular includes the plural (and vice versa).
5. A reference to any legislation includes any consolidation, amendment, re-enactment or replacement of legislation.
6. All monetary amounts stated in these Terms and Conditions are inclusive of GST.
7. A reference to a program, government department or agency, website or grant management system in these Terms and Conditions, will include a replacement or renamed program, government department or agency, website or grant management system that is the same or similar.

2. Application of these terms and conditions

2.1 These Terms and Conditions apply to the application for and use of a Voucher under a Round of the FairPlay vouchers program.

3. Eligibility criteria

3.1 To be eligible to receive a Voucher, a child or young person must:

1. be an Eligible Child;
2. not have been issued with a Voucher in the current financial year (except where 7.2(i) applies); and
3. have complied with the terms and conditions of a voucher issued under previous Rounds of FairPlay vouchers, where the child or young person has received a voucher under a previous Round. [NB: Where the Department has sought repayment of any funds in relation to a voucher issued under previous Rounds of FairPlay vouchers for the Eligible Child, then the Eligible Child will not have complied with the terms and conditions of a voucher].

4. Referral process

4.1 For a child or young person to be eligible for referral through a Referral Agent:

1. the application for a Voucher must contain the name, position, organisation name, telephone number and email address of the Referral Agent who referred the child or young person;
2. the child/young person being referred must not be a child of the Referral Agent; and
3. the Referral Agent must be able to demonstrate, if requested, the reasons why the child/young person is referred, specifically in relation to needing financial assistance to join an Activity Provider.

4.2 The Referral Agent will be responsible for providing details of how to apply for a Voucher when directing the parent, carer or guardian to apply for a Voucher.  This application sent by the department must only be used for one child/young person being referred by the Referral Agent.

4.3 For the avoidance of doubt, this clause applies, in addition to clause 5, where the Referral Agent completes the application form and is also referring the child or young person.

5. Obligations for Referral Agent applicants

(this clause 5 applies to Referral Agents completing the application form (and clause 6 does not apply) – see clause 6 below if you are a parent, carer or guardian applying on behalf of an Eligible Child)

For the purposes of this clause 5, ‘You’ means the Referral Agent.

5.1 In applying for a Voucher, you warrant and agree that:

1. you have known, in a professional capacity, the Eligible Child being referred for at least 3 months; and:

1. are not an immediate family member of the Eligible Child applying for the Voucher; and
2. will not specify at which Activity Provider the Voucher should or must be redeemed.

2. prior to applying for a Voucher on behalf of an Eligible Child, you have obtained permission from the parent, carer or guardian to make the application and disclose the personal information of the Eligible Child;
3. you are applying on behalf of the parent, carer or guardian (as their agent), for the Eligible Child;
4. the Eligibility Criteria are met to the best of your knowledge;
5. all the information provided in the application is true and correct to the best of your knowledge;
6. you have discussed with the parent, carer or guardian that:

1. the Voucher may only be redeemed with an Activity Provider and for an Eligible Activity;
2. they are responsible for meeting any membership, registration or participation fees above $200
3. if the membership, registration or participation fees of the Eligible Activity are less than $200, the balance is not redeemable in cash or cannot be used for the membership, registration or participation fees for another Activity Provider;

7. you have discussed with the parent, carer or guardian of the Eligible Child that they will need to confirm with the Activity Provider prior to presenting the Voucher:

1. the membership rules;
2. participation opportunities available to the child or young person at the club;
3. membership, registration or participation fee inclusions and exclusions;
4. attendance requirements; and
5. additional costs and/or requirements with participating in the Eligible Activity; and

8. you have discussed with the parent, carer or guardian of the Eligible Child how their information and the Eligible Child’s information collected as part of the application process, will be used and/or disclosed by the Department.

5.2 Without limiting anything elsewhere in these Terms and Conditions, the Department will not be responsible or liable to you as the applicant to the maximum extent permitted by law, for any of the matters described in clause 5.1.

6. Obligations for parent/guardian applicants

(this clause 6 applies to the parent, carer or guardian completing the application form (and clause 5 does not apply) – see 5 above if you are a Referral Agent applying on behalf of an Eligible Child)

For the purposes of this clause 6, ‘You’ means the parent, carer or guardian of the Eligible Child.

6.1 In applying for a FairPlay Voucher, you agree that:

1. you are the parent, carer or guardian of the Eligible Child;
2. the Eligibility Criteria are met;
3. all the information provided in the application is true and correct; and
4. you will comply and ensure that the Eligible Child complies with these Terms and Conditions.

7. Terms of use

For the purposes of this clause 7, ‘You’ means the parent, carer or guardian of the Eligible Child.

7.1 You acknowledge and agree that a Voucher:

1. can only be redeemed with an Activity Provider as listed on the Activity Provider directory. The Department will not honour Vouchers redeemed with a non-registered provider;
2. can only be used for membership, registration or participation fees for an Eligible Activity up to $200 and not for any other individual or associated items including but not limited to jerseys, boots, playing equipment or travelling costs;
3. will expire on the expiry date as specified on the Voucher, if the Voucher is not presented to an Activity Provider by the expiry date on the Voucher, the Voucher is no longer valid cannot be redeemed;
4. is not exchangeable or redeemable for cash;
5. is not transferable under any circumstances (except to another Activity Provider as set out in clauses 7.2e and 7.2f); and
6. cannot be reused once redeemed by the Activity Provider.

7.2 You acknowledge and agree that:

1. if the Voucher is used other than in accordance with these Terms and Conditions (e.g. you redeem the Voucher at a non-registered provider) you may be required to pay the Activity Provider the outstanding fees;
2. where membership, registration or participation fees are more than $200, you will be required to pay the difference;
3. if the membership, registration or participation fees are less than $200, the Department will reimburse the Activity Provider for the amount of the membership, registration or participation fees only. The balance is not redeemable in cash or towards the membership, registration or participation fees for another Activity Provider;
4. once a Voucher has been collected by the Activity Provider, no refund of the membership, registration or participation fee equivalent to the Voucher amount is available, if the Eligible Child does not participate in the Eligible Activity;
5. where an Activity Provider redeems a Voucher (Existing Activity Provider) and the Eligible Child requests a transfer to another Activity Provider (New Activity Provider), then it is the decision of the Existing Activity Provider whether to transfer the Voucher amount to the New Activity Provider;
6. where the Existing Activity Provider agrees to a transfer of the redeemed Voucher amount in 7.2e:

1. you are not entitled to a refund of or any part of the Voucher amount if the membership, registration or participation fee for the New Activity Provider is less than the redeemed Voucher amount;
2. you will be required to pay any difference in the membership, registration or participation fees of the New Activity Provider, if the redeemed Voucher amount being transferred is less than the membership, registration or participation fees of the New Activity Provider;

7. where a Voucher has not been redeemed, you may request in writing to the Department for a Voucher to be withdrawn in extenuating circumstances.  'Extenuating circumstances' is determined by the Department in its discretion and may include injury, illness or where the Activity Provider has not fulfilled their obligations under the Terms and Conditions of the FairPlay vouchers program. 'Extenuating circumstances' does not include when the parent, carer or guardian is unaware of the Voucher expiry date or has simply forgotten to present the voucher to an Activity Provider. You may be asked to provide the Department with evidence to determine if 'extenuating circumstances' exist;
8. you will receive notification from the Department whether your request to withdraw a Voucher (under 7.2g above) is approved and if approved;
9. if approved under 7.2g above, after receipt of the written confirmation and provided that the relevant round for the Voucher is open when the request to withdraw a Voucher is made, you can submit an application in the next round. You are not able to submit an application for a Voucher in the same round that the withdrawn Voucher was issued;
10. you are responsible for making your own enquiries with the Activity Provider to discuss membership, registration or participation fees with the Activity Provider you are interested in joining to find out team availability, additional costs, times for training/playing, membership restrictions, and other Activity Provider membership requirements;
11. you will still be required to complete and comply with the Activity Provider’s membership, registration or participation processes, rules and regulations;
12. Vouchers are released in two rounds each year. In any round, Vouchers will be issued until they are fully allocated or until the closing date for the Round as specified on the FairPlay vouchers program web pages, whichever comes first. The Department is under no obligation to make further Vouchers available;
13. information (including personal information, but without limiting the details in the privacy collection notice in the application form) collected as part of your participation and the Eligible Child’s participation, in the FairPlay vouchers program (including any feedback or survey results provided) may be disclosed by the Department to its contractor/s engaged for the purpose of:
1. evaluation of the FairPlay vouchers program;
2. administration of the FairPlay vouchers program;
3. contacting you in relation to related programs and program offerings;
4. your compliance with the FairPlay vouchers program terms and conditions; and
5. used by the Department and its contractor/s (if any) for this purpose;
14. information (including personal information, but without limiting the details in the privacy collection notice in the application form) collected as part of your participation in the FairPlay vouchers program as Referral Agent (including in relation to the details of the children and/ or young people you have referred for a voucher and your status as Referral Agent) may be disclosed by the Department to your employer or organisation that you are contracted to that is connected with your eligibility to be a Referral Agent, for any purposes associated with the administration of the FairPlay vouchers program;
15. you must provide all information and documents reasonably requested by the Department in relation to a Voucher or the FairPlay vouchers program; and
16. the Department may withdraw a Voucher at any time, in its discretion. Where the Department withdraws a Voucher under this clause, you will be notified by the Department. The Department will not be liable for any claim or costs as a result of a decision under this clause.

7.3 By presenting a Voucher to an Activity Provider, you agree that you are solely responsible for:

1. complying with these Terms and Conditions;
2. decisions taken in relation to costs, expenses, obligations or liabilities incurred in relation to, or as a result of joining, the Activity Provider; and
3. confirming with the Activity Provider prior to presenting the Voucher:

1. the membership rules;
2. participation opportunities available to the child or young person at the club;
3. membership, registration and participation fee inclusions and exclusions;
4. attendance requirements; and
5. additional costs and/or requirements with participating in the Eligible Activity.

7.4 Without limiting anything elsewhere in these Terms and Conditions, the Department will not be responsible or liable to you as the applicant or the Eligible Child, to the maximum extent permitted by law, for any of the matters described in this clause 7.3.

7.5 Parents, carers and guardians should be aware that participation by a provider in the FairPlay voucher program does not mean that organisation has been endorsed, recommended or guaranteed in any way by the Queensland Government. You must rely upon your own enquiries to determine the quality and suitability of any Activity Provider.

7.6 Parents, carers and guardians agree to participate in short surveys (by e-mail or SMS) 3 months (or later) after a Voucher has been received.

8. Verification

8.1 The Department reserves the right, at its discretion, to verify any information provided as part of the application, or before deciding whether to issue or accept the redemption of a Voucher. Verification may include any or all of the following:

1. requesting the provision of additional information;
2. making enquiries with the relevant Activity Provider;
3. making enquiries with the relevant Referral Agents; and
4. anyone else.

8.2 Parents, carers and guardians must retain copies of all documents associated with its participation in the FairPlay vouchers program, and redeeming a Voucher, for 36 months after receiving the Voucher, to allow for post-redemption verification if required.

9. Repayment obligations

9.1 The Department may require a parent, carer or guardian to repay the Voucher amount redeemed if:

1. any information provided as part of, or accompanying, the Voucher application process is untrue, false or misleading;
2. a child receiving a Voucher did not meet the Eligibility Criteria;
3. a parent, carer or guardian has not complied with its obligations in clause 7; or
4. a Voucher was issued by the Department in error or by a mistake.

9.2 The Department may, in its absolute discretion, decide that due to the existence of exceptional circumstances an amount repayable under clause 9.1 of these Terms and Conditions is not repayable. In making such a decision, the Department may require the parent, carer or guardian to provide satisfactory evidence about the existence of exceptional circumstances.

10. Closure, suspension or variation of FairPlay program

10.1 The Department reserves the right, at any time, to:

1. vary these Terms and Conditions, including the Eligibility Criteria or the process for redeeming the Vouchers;
2. vary the maximum Voucher amount;
3. vary the number of Vouchers available per Round;
4. vary the FairPlay voucher program requirements;
5. close early, suspend or stop the operation of the FairPlay vouchers program;
6. alter or change the opening and closing date for each round; and/or
7. reduce or extend the period of the FairPlay vouchers program.

10.2 The Department will endeavour to take into consideration, where appropriate, the impact on outstanding applications for Vouchers, and Vouchers not yet redeemed, before any such action is taken.

10.3 Any action taken to close early, suspend or stop the FairPlay vouchers program will be notified on the FairPlay pages.

11. Liability and general

11.1 The Department is not liable for any loss or damage, including personal injury, that may be sustained by the Eligible Child or other person, while participating in the Eligible Activity or in the FairPlay vouchers program.

The Department expressly disclaims all liability, to the extent permitted by law, for any loss, damage or other consequence whatsoever where direct or indirect, which may arise from the Eligible Child’s participation in the Eligible Activity or in the FairPlay vouchers program.

11.2 Parents, carers and guardians must not assign or subcontract their rights and obligations under these Terms and Conditions or in relation to a Voucher, without the Department’s written consent.

11.3 No rights under these Terms and Conditions will be waived except by notice in writing signed by the parent, carer or guardian and the Department.

11.4 The FairPlay vouchers program and all related documents are governed by the laws of the State of Queensland.

11.5 Where the Department has issued a notice to the email address provided as part of the Voucher application process (and stated on the Voucher), the notification will be deemed to have been received by you immediately upon receipt of electronic transmission confirmation.