Terms & Conditions

AIDN Membership Terms & Conditions

Australian Industry & Defence Network Limited (ABN 29 115 614 803) (AIDN) owns and operates the website located at aidn.org.au.

Please read these terms and conditions carefully as:

(a) these terms and conditions govern membership plans offered by AIDN (Terms); and

(b) by applying to be a member of our website, you agree to comply with and be bound by these Terms.
In these Terms, “we” and “us” refers to AIDN and “you” refers to any entity which applies to be a member of our website.

1. Definitions & Interpretation

1.1 Definitions

In these Terms, unless the context indicates otherwise:

(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth)

(b) Member means an individual who has access to the Member Portal and Member Benefits

(c) Member Benefits means the specific features, services and benefits available to Members as set out in clause 2.3 of these Terms

(d) Member Directory means a directory found in the Membership Portal which sets out a general information of each Member

(e) Membership means the status granted to an individual who has subscribed to a Membership Plan and gained access to the Member Portal, entitling
them to all associated Member Benefits

(f) Membership Fee means the amount which we inform you is payable in order to become, and remain, a Member of our website

(g) Membership Form means the membership form located at aidn.org.au

(h) Membership Plan means the structured subscription offering provided by us on this website in which Members are provided with access to the Membership Portal and Member Benefits

(i) Membership Portal means the portal on our website which only Members can access

(j) Renewal Date means the date on which your Membership is due for renewal.

1.2 Interpretation

In these Terms, unless the context indicates otherwise:

(a) headings are for convenience only and do not affect interpretation

(b) the singular includes the plural and vice versa

(c) a reference to these Terms includes the Terms as varied, novated, supplemented, extended, replaced or restated

(d) the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “such as” or similar expressions

(e) a reference to a particular person includes the person’s executors, administrators, successors and permitted assigns

(f) a reference to a group of persons is a reference to any two or more of them jointly and to each of them individually

(g) the word “person” includes an individual, a body corporate, a partnership, a joint venture, an unincorporated association and an authority or any other entity or organisation

(h) a reference to the word “law” includes common law, principles of equity and legislation (including regulations)

(i) no provision or expression is to be construed against a party on the basis that the party was responsible for its drafting

2. Membership Plans

2.1 Eligibility

To become a Member, you must submit the Membership Form and pay the Membership Fee.

2.2 Becoming a Member

(a) When you submit the Membership Form, we will make available to you details of our Membership Plans including applicable Membership Fees and Member Benefits.

(b) Upon paying the Membership Fee, you will become a Member and we will create an account through which you can access the Membership Portal.

(c) You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your Member account.

(d) We reserve the right to modify Membership Plans, Membership Fees and Member Benefits at any time by providing written notice to you, provided that any such changes will not affect your Membership until the Renewal Date.

2.3 Member Benefits

As part of your Membership Plan, you will be:

(a) given access to the AIDN proud member badge

(b) entitled to display the AIDN proud member badge on your website to showcase your affiliation with us and highlight your commitment to the defence industry

(c) given access to, and appear in, the Member Directory

(d) entitled to upload tender documents to, and download tender documents from, the Member Portal

(e) given access to exclusive news and updates (including webinars)

(f) receive real time updates in the form of media releases

(g) invited to participate in programs, events, exhibitions, conferences and networking opportunities.

3. Membership Expectations

3.1 Representations and Warranties

By submitting the Membership Form, you represent and warrant that:

(a) you have read, understood, and agree to these Terms

(b) you are legally capable of entering into binding contracts and that you are at least 18 years old

(d) you have disclosed to us all material information which may have an effect on the Membership Plans and Membership Fees offered to you and agree to notify us as soon as possible where any circumstances change.

3.2 Acknowledgments and Obligations

Upon becoming a Member, you acknowledge and agree:

(e) to display the AIDN pound member badge properly on your website as per the guidelines provided by us, and you will not alter the badge in any unauthorised manner

(f) that displaying the AIDN proud member badge does not imply AIDN’s endorsement of your products or services and you will not represent or imply otherwise in any of your communications or promotional materials

(g) to conduct yourself professionally at all AIDN programs, events, conferences, and networking opportunities, adhering to the standards expected by AIDN

(h) to provide accurate and truthful information for inclusion in the Member Directory and promptly update such information if any changes occur

(i) not to misuse the Member Portal, including but not limited to uploading false or misleading documents, or downloading documents for purposes other than those intended by us

(j) that any tender documents you upload to the Member Portal are accurate, complete, and comply with all relevant laws and regulations

(k) that you will not upload any tender documents that contain confidential or proprietary information unless you have the right to disclose such information

(l) to maintain the confidentiality of tender documents downloaded from the Member Portal and use them solely for their intended purpose

(m) that we are not responsible for the content of tender documents uploaded by other Members and that you should conduct your own due diligence before acting on such documents

(n) that information and materials provided on our website, or through the Member Portal, including tender documents, news and updates, webinars, and media releases, are for general informational purposes only and we do not warrant the accuracy, completeness, or reliability of any such information and materials

(o) that you use the website, including the Membership Portal at your own risk

(p) that we reserve the right to modify, suspend or discontinue any aspect of the Member Portal or Member Benefits at any time without prior notice.

4. Payment Terms

4.1 Recurring Membership Fee

Membership Plans automatically renew at the end of each billing cycle unless cancelled by the Member. By becoming a Member, you agree to pay the recurring Membership Fee as specified for the selected Membership Plan on each Renewal Date and authorise us to charge your chosen method for the Membership Fee on each Renewal Date.

4.2 Payment Methods

We accept payment for Membership Plans through various secure payment methods available on our website, including credit/debit cards, electronic bank transfers, and third-party payment processors. You agree to provide valid payment information and authorise us to charge the designated payment method for the total amount due.

4.3 Currency and Taxes

All Membership Fees are in the currency, and are inclusive or exclusive of applicable taxes, as specified.

4.4 Payment Authorisation

By completing the payment process, you authorise us to charge the total amount due to your chosen payment method. You represent and warrant that you have the legal right to use the payment method selected and that the payment information provided is accurate and current.

4.5 Transaction Confirmation

Upon successful payment processing, you will receive a confirmation email which acknowledges payment of the Membership Fee, encloses a tax invoice and confirms the details of your Membership.

4.6 Failed Payments

In the event of a failed payment due to insufficient funds, payment authorisation failure, or any other reason, we reserve the right to suspend or cancel your Membership until payment is successfully processed. You may be responsible for any fees or charges imposed by your financial institution or payment processor in connection with the failed transaction.

4.7 Payment Security

We prioritise the security of your payment information and employ industry-standard encryption and security measures to safeguard your data during transmission and storage. However, you acknowledge and agree that no method of transmission over the internet or electronic storage is entirely secure, and we cannot guarantee the absolute security of your payment information.

4.8 Payment Disputes

If you believe that a payment has been processed in error or unauthorised, please contact us immediately to resolve the issue. We will investigate any reported payment discrepancies and take appropriate actions to rectify the situation in accordance with our refund policy and applicable laws.

4.9 Non-Transferability

Payments made for Membership Plans are non-transferable and non-refundable, except as expressly provided for in these Terms or as required by applicable law.

5. Cancellation and Refund

5.1 Cancellation Policy

Members can cancel their Membership Plan at any time through their account settings or by contacting our customer support team. Cancellations take effect at the end of the current billing cycle. No refunds are provided for the remaining period of the current billing cycle, but the Member will retain access to the Member Benefits until the end of the billing period.

5.2 Refund Policy

The Membership Fee paid for a Membership Plan is non-refundable, except as required by law or at our sole discretion. Any refunds provided will be on a prorated basis, depending on the remaining period of the current billing cycle.

6. Intellectual Property and Content

6.1 The intellectual property rights in all material made available to you on or through the Member Portal, including, but not limited to, the AIDN proud member badge, tender documents, news and updates, webinars and media releases, remain the exclusive property of AIDN, our licensors, or third parties, and are protected by copyright laws and treaties around the world. All such rights are reserved by us, our licensors or the respective third-party owners.

6.2 You are granted a limited, non-exclusive, non-transferable license to access, store, print, and display the material supplied through the Member Portal solely for your personal use and the purposes intended by your Membership. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the material or copies of the material supplied to you or which appears on the Member Portal, nor may you use any such material in connection with any business or commercial enterprise, except where we or the respective owner have provided you with explicit written consent to do so.

6.3 The AIDN proud member badge may be displayed on your website in accordance with our guidelines. You are not permitted to alter, modify, or misuse the badge in any manner that is not authorised by us.

6.4 Tender documents accessible through the Member Portal may be provided by us or third parties. You must respect the confidentiality and proprietary nature of these documents and must not use them for any unauthorised or illegal activities. It is your responsibility to ensure you have the right to use any third-party tender documents as intended.

6.5 News and updates, webinars, and media releases provided through the Member Portal may originate from AIDN or third parties. These materials are intended for your informational use. You are not permitted to redistribute or republish these materials without the prior written consent of AIDN or the respective owner.

7. Indemnity

agents, and affiliates harmless from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from:

(a) your use of the Member Portal and any materials accessed through it, including the AIDN proud member badge, tender documents, news and updates, webinars, and media releases

(b) your breach of these Terms, including any misuse or unauthorised use of the AIDN proud member badge or any other intellectual property

(c) your violation of any applicable laws, regulations, or third-party rights in connection with your use of the Member Portal or any materials provided therein

(d) any inaccuracies or misrepresentations in the information you provide for inclusion in
the Member Directory

(e) your conduct at any AIDN programs, events, conferences, or networking opportunities that results in claims, liabilities, damages, or costs to us or our affiliates, except in respect to third party claims, liability, damages or costs to the extent that we acted unlawfully, negligently or intentionally caused such claims, liability, damages or costs.

8. Disclaimer of Liability

8.1 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Member Portal, including the AIDN proud member badge, tender documents, news updates, webinars, and media releases, is provided without any guarantees, conditions, or warranties as to its accuracy, completeness, or reliability.

8.2 To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law, or the law of equity, and will not be liable for any damages whatsoever. This includes, but is not limited to, any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of the Member Portal or any linked sites and any materials posted on those sites. This applies irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.

8.3 This disclaimer does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

9. Termination

9.1 Breach of Agreement

We reserve the right to immediately terminate your Membership at any time and for any reason, including, but not limited to, violation of these Terms or non-payment of the Membership Fee. In such cases, you will not be entitled to a refund.

9.2 Effect of Termination

Upon termination of your Membership, all rights and obligations of the parties under this agreement will cease, except for a party’s accrued rights and obligations at the date of termination and those provisions that, by their nature, are intended to survive termination, including, but not limited to, intellectual property and content, indemnity, disclaimer of liability, and governing law clauses.

9.3 Refunds and Obligations

Termination of your Membership may be subject to applicable refund policies and obligations as outlined in our cancellation and refund policies. You are responsible for any fees, charges, or outstanding payments incurred prior to termination. If your Membership is terminated due to a breach of these Terms and Conditions, you will not be eligible for any refund.

9.4 Access to Materials

Upon termination, you must immediately cease using the AIDN proud member badge and remove it from your website. Additionally, you must discontinue access to and use of any materials obtained through the Member Portal, including tender documents, news and updates, webinars, and media releases.

10. General Provisions

10.1 Privacy Policy

Our Privacy Policy sets out, amongst other things, our collection, use and disclosure of your personal information. By using the Member Portal, you consent to the collection, use and disclosure of such information as described in the Privacy Policy and warrant that all data provided by you is accurate.

Refer to our Privacy Policy to read more about why we collect personal information from you and how we use and disclosure such information.

10.2 Amendments to Terms

We reserve the right to amend, remove or vary these Terms in our absolute discretion at any time and without notice to you. You should check the Terms regularly to take notice of any changes we may have made as your continued use of the Membership Portal and Member Benefits following any such changes represents an agreement by you to be bound by the Terms as amended from time to time.

10.3 Entire Agreement

In relation to the subject matter of this agreement, these Terms embody the entire agreement between the parties and supersede any prior written or oral representations, negotiations, arrangements, understandings or agreements and all other communications between the parties.

10.4 Invalidity

If any part of these Terms is illegal, invalid or unenforceable:

(f) the legality, validity and enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect

(g) any illegal, invalid or unenforceable part is to be read down to the extent necessary to preserve its operation; or

(h) if it cannot be read down, it is to be severed to the extent of its illegality, invalidity or unenforceability and replaced by a legal, valid, and enforceable provision which so far as is possible will have the same economic benefit or burden for the parties as the severed provision was intended to achieve.

10.5 Governing Law

These Terms are governed by the laws of New South Wales. You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales (and any court of appeal) and waive any right to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

10.6 Waiver

Any waiver or consent given by any party under these Terms will only be effective and binding if it is in writing and signed by or on behalf of that party. Without limiting the foregoing, any failure to, delay in or partial exercise or enforcement of, any right, power or remedy provided under these Terms or at law does not constitute a waiver of that right, power or remedy, nor will it affect or impair the right of a party to exercise or enforce them at a later time or to pursue remedies it may have for any subsequent breach of these Terms.

10.7 Complaints

If you have a complaint concerning your Membership (including the Membership Directory, Member Benefits, Membership Fees, Membership Form, Membership Plans or Membership Portal), please contact us.

All complaints will be considered by us and we may seek further information from you to clarify your concerns and the outcome you are seeking.

If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you are not satisfied with our response to your complaint, you may refer the matter to the relevant authority.

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