This Agreement is made between You and Australasian Interim Executive Association Pty Ltd ACN 162 748 143.
By completing your membership application and paying the fee, you are indicating your acceptance of this Agreement and agree to be legally bound by it.
1.1 These Terms and Conditions govern the Program. Please read them carefully.
1.2 AIEA has made all reasonable efforts to ensure the information provided in these terms and conditions is accurate and AIEA accepts no responsibility for any inaccuracy or misdescription.
1.3 These Terms and Conditions may be changed by AIEA at any time and Members will be advised if changes to these terms and conditions should occur.
“Accredited Positions” means positions having the title Chief Executive Officer, Financial Controller, Business Development Manager, Chief Operating Officer, Chief Financial Officer and such other positions that AIEA may determine from time to time.
“AIEA”, “Australasian Interim Executive Association”, “We”, “Our” or “Us” means Australasian Interim Executive Associations Pty Ltd ACN 162 748 143 and Our related entities and includes the staff, agents and officers of those entities;
“AIEA Logo” means the names (registered and unregistered), trademarks (registered and unregistered), logos, images and other copyright used by AIEA to identify itself including without limitation the names “Australian Interim Executive Association”, “AIEA” and “Find-IE”;
“Associate” means a Member holding Associate Membership as set out in clause 3.4. The Associate category has been replaced by the MAIEA Monthly Membership.
“Australian Consumer Law” has the meaning given to that term in the Competition and Consumer Act 2010 (Cth) as amended;
“Certified Professional” means a Member holding Certified Professional Membership as set out in clause 3.4;
“Corporate Member” means any person who has entered into a Corporate Member Deed with Us;
“Corporate Member Deed” means any deed between us and a Corporate Member setting out the terms of the Corporate Member’s membership of the Program; “CPD” means continuing professional development;
“CPD Activity” or “CPD Activities” means activities accredited by us, including without limitation:
(A) Attending AIEA functions;
(B) Attending conferences, seminars and training courses that are directly relevant to a Member’s professional development;
(C) Providing pro-bono services through a pro bono scheme offered, or approved, by AIEA;
(D) Reading books, newsletters, white papers etc that are directly relevant to the Member’s professional development;
(E) Writing articles, newsletters or papers that are directly relevant to the Member’s Accredited Position;
(F) Time spent attaining additional formal qualifications through a university, college, training institute or similar approved by AIEA;
“CPD point” means a point credited to CPD Activities at the rate of 1 point per hour spent engaged in CPD Activities;
“Database” means Our internal database which contains information about You and Your use of the Program including Find-IE;
“DISC” means a suite of online assessment tools that provide organisations with information to maximise the performance of their employees for recruitment and organisational development;
“Employment” means hiring or engaging the services of a person and includes without limitation contracting, casual employment, part time employment, full time employment, permanent employment, long term and short term engagement and secondment;
“Employer” means a participant in Find-IE seeking Members for Employment and may include Corporate Members and Web Friends;
“Fellow” means a Member holding Fellow Membership as set out in clause 3.4;
“Find-IE” means the program operated by Us under the names “Find-IE”, “Find an Interim Executive” and “Find-IE On-line Matching Facility” in which Members’ skills, experience and Membership profile is made available to Employers, who have been approved by AIEA for participation in Find-IE, using the Find-IE search function located on the Site. Find-IE has been replaced by AIEA-Jobs;
“Full Member” means a Member holding full Membership as set out in clause 3.4;
“GST” has the meaning given to that term in the GST Law;
“GST Law” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended:
“Member”, “Members”, “You” or “Your” means a member of the Program;
“Membership” means membership of the Program;
“Membership Fees” means the fees payable for Membership of the Program as set out in clause 6 or as determined by Us from time to time;
“Program” means the program operated by AIEA under the name Australasian Interim Executive Association offering benefits to Members, including Find-IE, in consideration of the payment of Membership Fees;
“Renewal Date” means the first and subsequent anniversaries of the date that you are first accepted as a Member pursuant to clause 3;
“Site” means the website www.aiea.org.au;
“Terms and Conditions” means this document and any schedules as amended from time to time;
“Web Friend” means any person AIEA allows to participate in Find-IE who is not a Member; and
3.1 Any member of the public may apply to join the Program.
3.2 Subject to clause 3.6, to become a member of the Program you must apply to AEIA in the approved form available from www.aiea.org.au.
3.3 You will become a Member once we accept your application.
3.4 There are four classes of individual Membership:
New Members may join as an Associate or as a Full Member only. Upgrades of Membership are subject to the provisions of clause 8.
3.5 Subject to clause 3.6 to be eligible for Membership You must demonstrate that You:
3.6 We reserve the right to refuse any application for Membership.
4.1 The benefits of Membership in each of the classes are set out on the web page entitled Member Benefits
5.1 Membership ends when you resign pursuant clause 5.2 or it is terminated by Us pursuant to clause 5.4.
5.2 You may resign your Membership at any time by giving written notice of resignation to Us at firstname.lastname@example.org.
5.3 The resignation takes effect at—
(a) the time the notice is received by the Us; or
(b )if a later time is stated in the notice—the later time.
5.4 We may terminate or suspend Your Membership at any time or if You;
(B) fail to pay Your joining fee in accordance with clause 6.2;
(C) fail to pay Your Membership Fees on or before the due date for payment;
(D) abuse any privilege accorded to You as a Member under the Program; or
(E) Supply any false or misleading information or make any false or misleading misrepresentations to Us or to an employer participating in Find-IE;
by giving you notice in writing of termination.
5.5 Subject to clause 5.6, following termination resignation or suspension of a Member’s membership, a Member will not be entitled to:
(A) Receive the benefits of Membership; or
(B) a refund of any Membership Fees paid in relation to that Membership.
5.6 Notwithstanding clause 5.5 where You resign Your Membership pursuant to clause 5.2 we will refund the unused portion of your Membership Fees for the number of whole months remaining from the date of resignation pursuant to clause 5.2 until your Renewal Date calculated using the following formula:
A = B x (C ÷ 12)
A means the amount payable to You;
B means the number of whole months from the date of Your resignation to Your Renewal Date; and C means the GST exclusive amount of your annual Membership Fees last paid by You.
5.7 If You have resigned Your membership or Your Membership has been terminated by Us, You are, subject to clause 3.6, still eligible to apply for Membership, provided that such an application will be treated as a new application and all Membership Fees including any joining fee will be payable on Your application being accepted by Us.
6.1 Subject to clause 6.2, Membership Fees are set out on the page entitled Join Us;
6.2 In addition to the annual Membership Fees in clause 6.1 each Full Member will pay in their first year of Membership, at the same time as paying their Membership Fees, a joining fee determined by Us from time to time.
6.3 Membership Fees are payable at the date We accept Your application for Membership and on your Renewal Date each year until you resign your Membership or your Membership is terminated pursuant to clauses 5.2 or 5.4.
7.1 Members cannot transfer their Membership of the Program to any other person or entity.
8.1 An Monthly Member may upgrade their Membership to a Full Member by applying for a Full Member Membership.
8.2 A Full Member may apply for an upgrade to Certified Professional or Fellow. Once the required criteria are satisfied, the appropriate Certificate will be issued. An administration fee as determined by Us from time to time will be charged but the annual fee will remain the same.
9.3 All data stored in the Database on Your behalf is owned by You, and not AIEA.
9.4 You grant AIEA a perpetual, non-exclusive, irrevocable licence to use, subject to clause 9.2, any data stored in the Database to manage, administer, operate and promote the Program.
10.1 Members must:
(B) in using the Site and maintaining their member profile, ensure that all files uploaded to the Site or delivered to AIEA are free from infection or virus;
(C) not use the Site or the Program for any illegal purpose; and
(D) not use the Site to upload, store or make available any data, document, image or other file that may:
(i) not threaten, harass, defame, offend; or
(ii) in AIEA’s opinion, be objectionable or cause harm or damage to AIEA, other Members, Employers or Webfriends.
11.1 Each Member is required to attain at least 25 CPD points in any twelve (12) month period.
11.2 It is the Members responsibility to maintain their CPD records including a register of CPD activities undertaken by that Member.
11.3 A Member must attest when renewing their Membership annually that they have complied with this clause 11.
11.4 AIEA may audit a Member’s compliance with this clause 11 at any time.
11.5 A Member the subject of an audit referred to in clause 11.4 must comply with any reasonable request including providing AIEA with copies of their CPD register and records or granting AIEA access at reasonable times following reasonable notice to those records.
11.6 Anything requiring approval under this clause 11 including activities approved as CPD Activities and approval of providers as providers of CPD Activities will be at the sole discretion of AIEA and AIEA may withhold or withdraw an approval at any time without giving reasons for doing so.
12.1 To the maximum extent permitted by law:
(A) AIEA makes no warranties or representation, either expressed or implied, and expressly disclaims any or all liability (including consequential damages) with respect to the type, quantity or fitness of good and services provided through the Program. To the extent that AIEA may be liable for goods and services provided through the Program, its liability is limited to its obligations under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law as amended;
(B) You release and hold harmless AIEA, its officers and employees from any claims you have or may have against any of them arising from Your use of the Site and participation in the Program; and
12.2 Without limiting the generality of clause 12.1 AIEA does not warrant or guarantee that:
(A) services available through the Site will be uninterrupted or error free;
(B) files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;
(C) Members by participating in AIEA-Jobs will receive offers of Employment from Employers;
(D) the suitability, viability or financial position of Employers or roles offered to members by Employers.
13.1 AIEA grants Members a revocable royalty free licence to use the AIEA Logo and post nominal for use on stationery, including business cards, blogs, web sites and email signatures.
13.2 Members must:
(A) only use the AIEA Logo and post nominal in accordance with these Terms and Conditions;
(B) not make any amendments, alterations or additions to the AIEA Logo or post nominal without the prior written approval of AIEA;
(C) not use the AIEA Logo, unless separately licensed to do so, for any purpose other than participating in the Program;
(D) comply with any direction given to them by AIEA in relation to the AIEA Logo and post nominal;
(E) immediately cease using the AIEA Logo and post nominal following termination or resignation of their Membership; and
(F) without delay, return any copies of the AIEA Logo in their possession following termination or resignation of their Membership.
13.3 The Members agree that any amendments made to AIEA Logo by them at any time, whether approved or not, will become the property of AIEA.
14.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms and Conditions.
14.2 If a provision of these Terms and Conditions are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
14.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and Conditions and the events contemplated by it.
14.4 These Terms and Conditions is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.