Terms of Service
Terms of Service
Set out below are the terms and conditions applying and between Wynnum Commerce Inc. ABN 11800376545 (“we/us/our/ WCI”) and WCI members (referred to as “you” and “your”) which will apply with respect to your Membership of WCI.
1. Membership is for one year commencing on the date your application is received and the Membership fee paid and is renewable on the anniversary of that date in subsequent year.
2. To the extent that these terms and conditions are subject to any statute relating to unfair contract terms, including the Australian Consumer Law, the parties agree and acknowledge that:
(a) the parties had an opportunity to review these terms and consider them prior to their acceptance;
(b) the terms included herein are fair and balanced between the parties, properly protecting the legitimate commercial interests of both parties; and
(c) to the extent that terms herein are offered without an opportunity to renegotiate those terms, they are offered by us on the basis that:
(i) the agreement relates to services provided to a number of members on equal and equivalent terms;
(ii) they protect all parties by the clear allocation of risk and responsibility, in a way which is appropriate to the risk assumed and benefit provided under the agreement;
(iii)any restraints and conditions are necessary and reasonable to preserve and protect the continued operation of our business.
3. If any provision of this agreement is held to otherwise be unlawfully inconsistent with Consumer Legislation, it is deemed to be explicitly negatived and void.
4. The Membership levels, the benefits associated with those levels and membership fees are referred to in the Schedule. Membership with WCI may also entitle you to receive certain offers and discounts available to Members.
5. Membership fees must be paid annually in advance.
6. An invoice will be sent to you annually before your renewal date and it will state when the fees are due.
7. The benefits of Membership may be suspended, or this Agreement terminated by us without notice if Membership fees are not paid by the due date in the invoice.
8. Subject to this Agreement, Membership fees are not refundable if you terminate this agreement during your Membership year.
9. You agree to notify us of changes to your contact details in writing, so we can provide the benefits of membership to you.
10. We can change these terms and conditions, including benefits of membership from time to time, by updating these terms and conditions on our website. The changes will come into effect 30 days after the amended terms have been posted on our website.
11. You can upgrade your Membership by contacting the Secretary in writing and making payment for the new level of Membership and prorated payment.
12. We offer payment of the annual membership fee online via Stripe or Paypal.
13. We can amend our Membership fees annually by providing written notice to that effect at least 30 days before the change will take effect.
14. We will not use, disclose or copy any Confidential Information of yours unless this is reasonably necessary to perform the services under this Agreement or you otherwise consent or is required by law. This obligation also applies after this agreement comes to an end. “Confidential information” includes any information designated or treated by you as confidential or any other information that would be regarded as confidential at law.
15. Any Intellectual Property owned by us remains exclusively our property and nothing in this Agreement assigns, transfers or otherwise grants a possessory right in that Intellectual Property to you, including in circumstances where that Intellectual Property forms part of any information or services provided to you under this Agreement. To the extent that it is reasonably necessary for you to obtain the benefit of services provided under this Agreement where Intellectual Property owned by us is an intrinsic part of those services, this Agreement grants you an irrevocable non-exclusive, royalty free licence to use the Intellectual Property strictly for the purposes the services were provided under this Agreement but otherwise without expiry.
16. You agree that from time to time, information provided by you to us, including your contact information, may be provided to third parties who advise us or who may contact you directly to assist with your business needs. You also agree in providing that information pursuant to these terms you explicitly consent to us sharing that information, provided always that it is in the interest of providing you with the services under this Agreement. To avoid any doubt, your benefits under this agreement include access to a referral network, by which third parties that may be able to assist you will be authorised to contact you directly. Nothing in this agreement binds you to any further contract with any third party, unless separately agreed.
17. To the extent permitted by law:
(a) You agree that our liability to you in relation to breach of any term, condition or warranty relating to provision of the services under this Agreement or any other legal obligation under this agreement is limited to:
(i) An amount equal to the amount of fees paid by you to us pursuant to this agreement (excluding any GST); or
(ii) If applicable, the provision of any services under this Agreement again, without charge.
(b) Where any legislation voids or prohibits a provision in this agreement which excludes or modifies any term, condition, guarantee or warranty (Obligation) imposed by law, that Obligation will be deemed included in this Agreement to the extent that the law requires. Our liability for breach of such Obligations will be limited to the minimum liability permitted by law and where permitted, at our option, to providing the services under this Agreement again or payment of the cost of having the services delivered by another party.
18. This agreement can be terminated by you by providing us with 4 weeks’ notice if you do not accept any changes we make to this Agreement pursuant to clauses 10 or 15 , If you do not provide us with 4 weeks’ notice of your intention to terminate the agreement, you agree to pay us the relevant membership fees for the period the notice is not provided.
19. Either party can terminate this agreement without notice where the other party commits a serious or persistent breach of the provisions of this agreement or engages in any other act or omission that could justify summary termination at common law.
20. If you lawfully terminate this Agreement under clause 5, we will refund your Membership fees for the reminder of your Membership year.
21. This agreement cannot be assigned by you without our consent in writing. This agreement can be assigned by us in writing.
22. We can sub-contract the provision of services under this agreement.
23. If Members, register for the incorrect membership category, after it is identified they will be required to pay the prorated difference in membership, to continue their membership.
24. If any provision of this agreement (or part thereof) is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will not affect the other provisions (or parts) of this agreement.
25. Save as otherwise indicated, all amounts payable under this agreement are expressed as inclusive of GST.
26. This agreement constitutes the entire agreement of the parties with respect to its subject matter.
27. This agreement is governed by the laws in Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.
Membership Levels and Benefits:
Sole Trader (either sole trading company tax set up or company with 1 owner/employee)
Small Business / Retail Business
Corporate Business (for those over the small business tax definitions)
MEMBER OFFERS, BENEFITS AND DISCOUNTS
SEMINARS, WEBINARS & EVENTS
Entitlements must be utilised within the membership year. Free entitlements may not be rolled over into subsequent membership years.
Use of the Service
By using our online service and in submitting your information to use the Service, you warrant that the information you supply to us is, to the best of your knowledge, accurate and complete. Neither we (nor any of our authorised representatives) will be liable for any charges or other damages arising in connection with any incorrect information provided by you. Misrepresenting or withholding information is grounds for the withdrawal of access to the Site or the Service and/or denial or revocation of membership.
In order to use the Site, you may be asked to create a profile and to access your saved profile through a username and password. You must not disclose your username and password to any other person and must retain those details securely. If you elect not to create a profile, you still agree to be bound by (and to comply with) these Terms in their entirety.
Membership Fees (Annual):
Individual (Annual) – $20 incl GST per year
Small Business/Retail Business – $200 incl GST per year
Committee Member – $0 per year as agreed
The Committee Members of the incorporated body plus any steering committee members that the Committee agree, due to volunteer work commitment to the group, will not be liable for the annual fee for the year. This is at the discretion of the Committee.
For the purposes of this Agreement “Intellectual Property” means:
All copyright, inventions, patents (including patent applications), trademarks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, know-how and other confidential information and rights in relation thereto, and all other intellectual Property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.