Strategic Alliance Network (Tas) Inc. – Terms & Conditions of Membership
These terms and conditions of membership (terms) are between Strategic Alliance Network (Tas) Inc. (SAN-TAS) and the member.
These terms apply to every membership with SAN-TAS. These terms prevail over any written terms and conditions of the member (if any).
The members payment of the membership fee and attendance of membership benefits constitutes full acceptance of the member to the terms.
In these terms:
(a) membership benefits means SAN-TAS functions and events; documents including newsletters, industry insight information: offers and discounts; and any other products and services as offered from time to time.
3. Period of membership
Membership is activated when SAN-TAS receives the members completed application form and payment and will auto-renew in accordance with the membership option selected.
4. Membership fee
(a) To be a member of SAN-TAS, the member must pay SAN-TAS an annual membership fee (membership fee).
(b) Upon acceptance to SAN-TAS, All fees and membership fees are non-refundable except as required by law.
(c) Changes to membership fees will only be made at the annual general meeting and will generally apply for the following renewal of your membership.
5. Payment of membership fee in advance
(a) All membership fees must be paid in advance annually.
(b) A reminder will be sent to the member before their membership renewal date which is payable on the member’s renewal date.
(c) Membership may be suspended or terminated if the member’s payment is not received within thirty (30) days of the membership renewal date.
(d) Payment can be made via credit card or payment plan using the SAN-TAS website.
(e) Membership benefits will not be delivered to or allowed for the member until payment or evidence of payment has been received by SAN-TAS.
(f) SAN-TAS reserves the right to restrict access to membership benefits until payment has been cleared.
SAN-TAS is registered for GST. A duplicate tax invoice can be obtained on request via email.
7. Provision of information
(a) Where requested by SAN-TAS, the member must provide to SAN-TAS all information required in order to complete registration of the member with SAN-TAS. Any personal information will be kept, stored and used according to the privacy act 1988 (cth).
(b) The member warrants that all information and any other materials provided to SAN-TAS are accurate and up-to-date, and SAN-TAS may rely on this information in carrying out the delivery of its membership benefits.
8. Ownership of intellectual property
(a) Subject to any additional terms or special conditions provided by SAN-TAS from time to time, SAN-TAS grants the member a non-exclusive, non-transferable, limited licence to use and display SAN-TAS’s logo from time to time made available to the member for the purposes only of advertising to its clients and the public that it is a member of SAN-TAS.
(b) All rights, title and interest (including all copyrights and other intellectual property rights) in the logo (in all forms) belong to SAN-TAS. The member does not acquire any ownership or copyright nor other intellectual property rights or proprietary interest in the logo. The member acknowledges that it does not have the right or permission to sub-licence or on-sell the logo to any other party.
9. Termination of membership
(a) The member may terminate their membership by giving 30 days written notice to SAN-TAS.
(b) SAN-TAS reserves the right to terminate the member’s membership if the member breaches these terms, or refuses to/does not pay their membership fee.
(c) The licence granted under clause 8 (a) is revoked on termination of the membership.
(a) nothing in these terms limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the competition and consumer act 2010 (cth), as well as any other implied warranties which are precluded from exclusion or modification and this clause is only intended to limit SAN-TAS’s liability where the law allows.
(b) where permitted by law:
(b.1) SAN-TAS will not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from:
(b.2) The unavailability or interruption to the supply of membership benefits:
(b.3)The member’s use or misuse of the membership benefits;
(b.4) The content of any documents provided to the member, including newsletters, advice, industry insights:
(b.5) Any delay or failure in performance beyond the reasonable control of SAN-TAS (or its affiliates, and any officer, employee, subcontractor, agent, successor, or assignee of SAN-TAS or its affiliates; and each third party supplier of materials and their affiliates and any officer, director, employee, subcontractor, agent, successor, or assignee);
(b.6) Any negligence of SAN-TAS (or its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of SAN-TAS or its affiliates: and each third party supplier of materials and their affiliates and any officer, director, employee, subcontractor, agent. successor, or assign) within the performance of its obligations under these terms.
(b.7) SAN-TAS (including its related entities, respective officers, employees and agents) excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity): whether direct, indirect. special or consequential, arising in any way out of the membership and without limiting the generality of the foregoing.
(b.8) SAN-TAS is not subject to, and the member releases SAN-TAS from, any liability (including but not limited to consequential loss or damage) because of, inter alia: any delay in delivery or fault or defect in the work: negligent act or omission.
(b.9) SAN-TAS will not be liable for any loss or damage to the member or any other party including loss of income.
(b.10) SAN-TASs liability to the member for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the member caused or contributed to that loss or damage.
11. Dispute resolution
(a) The member must notify SAN-TAS of any disputes by email.
(b) In the event of a dispute arising out of these terms or relating to the membership, both parties must exercise reasonable endeavours to resolve the dispute including by way of mediation where appropriate.
12. Breach or default event
(a) If the member is in breach of any of these terms, the member agrees that it will be responsible for all of the expenses incurred by SAN-TAS in enforcing its rights including recovering monies owed.
(b) if a default event occurs SAN-TAS may withhold further provision of membership benefits, and all amounts outstanding to SAN-TAS by the member, even if not otherwise due for payment, will become immediately payable.
(c) A default event will occur if,
(c.1) In the sole opinion of SAN-TAS, there is a material risk that the member is, or will be, unable to pay amounts owing to SAN-TAS or perform any other obligation under these terms and SAN-TAS gives notice in writing to the member of its opinion
(c.2) the member defaults in paying any sums due to SAN-TAS;
(c.3) the member is an individual and becomes insolvent, bankrupt, commits any act of bankruptcy, compounds with or enters into any compromise or arrangement with its creditors:
(c.4) the member is a Company and has a provisional liquidator, liquidator, receiver, receiver and manager, trustee for creditors or in bankruptcy, voluntary administrator or analogous person appointed to it or its property:
(c.5) the member has judgment entered against it in any court and SAN-TAS gives notice in writing to the member that. in its sole discretion, SAN-TAS considers it to be a default event: or
(c.6) a secured creditor seizes or takes possession of any collateral in the possession of the member and SAN-TAS gives notice in writing to the member that, in its sole discretion, SAN-TAS considers it to be a default event.
13. Force majeure
SAN-TAS shall not be in default or be liable for failure to observe or perform in accordance with these terms for any reason or cause which is outside of the reasonable control of SAN-TAS, including without limitation, war. insurrection, riot, civil commotion, strikes, lockouts, industrial disputes, acts of god, act of governments, flood, storm, tempest, power shortages or power failure, or an inability to obtain sufficient labour, raw materials, fuel or utilities.
These terms may be changed, amended or altered in part. or in full, without warning by SAN-TAS. It is the responsibility of the member, and his/her staff, to read and understand these terms.
(a) The member must not assign any rights or benefits under these terms unless it has obtained the prior written consent of SAN-TAS, with such consent at the absolute discretion of SAN-TAS.
(b) All communications from the member to SAN-TAS must be made in writing, including correspondence by email.
(c) SAN-TAS is entitled to rely on orders made by any employee, agent or contractor of the member. Such orders shall be deemed to have been made with the authority of the member and will be binding.
(d) SAN-TAS reserves the right to correct any errors or omissions of any kind in its offers, quotations, order confirmations or invoices, and the correction will be binding on SAN-TAS and the member.
(e) These terms are governed by the laws of Tasmania, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Tasmania.
(f) If any of these terms are determined invalid, unlawful or unenforceable in whole or in part, such term shall be severed and the remaining terms shall continue to operate to the fullest extent permitted by law.
(g) These terms and any alterations made in writing by SAN-TAS constitute the entire agreement between the parties in relation to the supply of the membership benefits and supersedes all previous agreements or understandings between the parties including any inconsistent terms in previous terms.