This document applies to Members who were first admitted to Australia India Business Trade Foundation (AIBTF) on or after 1st July 2020 (Effective Date).
Unless the context otherwise requires, capitalised terms used but otherwise undefined in this document have the meaning given to them in AIBTF's constitution adopted on 1st July 2020 (Constitution).
Terms of issue
The Board has established various classes of membership. These classes of membership are set out in Annexure A. Below are the terms of issue for those classes of membership which theBoard has established on or after the EffectiveDate.
|Characteristic||Class of Member|
|Right to attend and be represented at AIBTF general meetings||Those classes of Members set out in Annexure A that aredesignated as having voting rights.|
|Right to vote at AIBTF general meetings||Those classes of Members set out in Annexure A that aredesignated as having voting rights.|
|Membership fee||The Member must pay the membership fee resolved by the Board from time to time as applicable to the relevantmembership class set out in Annexure A.|
|Eligibility to hold office in AIBTF||Those classes of Members set out in Annexure A that aredesignated as having voting rights|
|Entitlements||The Member will receive the goods, services and benefits (Entitlements) resolved by the Board from time to timeas applicable to the relevant membership class set outin Annexure A.|
The Entitlements and the membership fee (if any) can be varied by Board at any time by notice. As at1st July 2020, the Entitlements and membership fee (if any) for each membership class is set out in Annexure A.
Payment of membership fees
Members who are required to pay an annual membership fee may do so bypaying the entire fee in advance. If a Member resigns from membership, the annual fee is not refundable.
Termination of membership class
The Board may at any time, by giving notice to affected Members, terminate a class of membership.
Below are the general terms on which AIBTF will supply Entitlements to Members (whether directly, through one of its related entities or in association with pre-selected companies and service providers) (Services Terms).
Specific terms may apply
The supply of particular goods and services by AIBTF or its related entities or partners (for example, legal services) may be subject to additional, specific terms and conditions. Where a Member's membership gives it access to Entitlements, the price for which is not included in that Member’s membership fee, additional fees will apply in order to access such Entitlements. These prices can be varied by AIBTF at any time. Members should, before using AIBTF's Entitlements, enquire as to whether any specific terms and conditions apply.
To the extent that any specific terms and conditions are inconsistent with these Services Terms, the specific terms will prevail.
AIBTF may at any time vary these Services Terms at any time after giving 14 days' notice to Members where possible by email or otherwise by notice through AIBTF's website. If a Member disagrees with any variation of the Services Terms, the Member may by written notice to AIBTF, terminate its membership in accordance with the Constitution.
Limitation of liability
To the extent that a Member acquires goods or services from AIBTF as a 'Consumer' (withinthe meaning of section 3 of the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), that Member may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by these ServicesTerms.
To the extent permitted by law (unless otherwise expressly set out in these Services Terms), all terms, conditions, warranties, guarantees, rights, remedies, liabilities or other terms express or implied, statutory or otherwise, custom, or the general law that impose any liability or obligation on AIBTF under these Services Terms are expressly excluded.
Nothing in these Services Terms limits any condition, guarantee or warranty imposed by the Australian Consumer Law, including any consumer guarantee rights that may apply. AIBTF's liability to a Member arising directly or indirectly under or in connection with these Services Terms or the performance or non-performance of these Services Terms (or other relevant terms) and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
Where AIBTF cannot exclude a condition, guarantee or warranty imposed by the Australian Consumer Law, except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which AIBTF's liability is not so limited under these Services Terms), AIBTF's liability to the Member for a failure to comply with the obligations under the Australian Consumer Law is limited to:
Use of services
A Member must only use AIBTF’s goods, products or services for their own proper and lawful purposes. A Member must not, wholly, partly, directly or indirectly, assign, commercialise, transfer, on-sell, on-supply or otherwise make available any goods, products or services supplied by AIBTF to any third party.
Where a Member contacts AIBTF, the following terms apply:
Suspension of services for breach
AIBTF may at any time suspend the provision of goods and services to any Member that:
Communicating with AIBTF
Notices and promotional materials
Where a Member is entitled to receive a notice under these Services Terms, AIBTF may send that notice by electronic mail to the email address provided by the Member at the time of obtaining membership (or as notified to AIBTF from time to time by the Member).
Service queries and complaints
Queries or complaints about AIBTF's provision of goods, products or services should be should be emailed to info@AIBTF.com.au.
Membership queries and communications
Corporate governance enquiries, should be emailed to info@AIBTF.com.au.
Member resignations (and related queries) should be emailed to email@example.com
Each Member indemnifies AIBTF and each of its related bodies corporate (Indemnified Parties) against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by an Indemnified Party arising from, or which is directly or indirectly, related to:
These Services Terms are be governed by and construed in accordance with the laws of the State of New South Wales, Australia. All Members submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
The provisions of these Services Terms are severable and if any provision of these Services Terms is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.
AIBTF’s failure to act with respect to a breach of these Services Terms by a Member or others does not waive AIBTF’s right to act with respect to subsequent or similar breaches. These Services Terms set out the entire understanding and agreement between AIBTF and each Member with respect to its subject matter.
AIBTF may from time to time hold events, webcasts and webinars for, or publish or otherwise provide articles, newsletters or other content to, Members, which in each case may involve the provision of information by AIBTF or its related entities or its partners (General Information).
The General Information does not constitute investment, accounting, financial, legal or tax advice and has not been prepared after taking into the account the objectives, financial situation or needs of individual Members. Members should conduct and rely upon their own investigation and analysis of any General Information and should seek professional advice on the legal, financial, taxation and other consequences of the General Information.
No representation or warranty, express or implied, is made as to the fairness, accuracy, adequacy, validity, correctness or completeness of the General Information. To the maximum extent permitted by law, AIBTF does not accept any responsibility or liability including, without limitation, any liability arising from fault or negligence on the part of any person, for any loss whatsoever arising from the use of, or reliance on, the General Information or otherwise arising in connection with it.
Nothing in these Services Terms expressly or implicitly confers on, or assigns to, a Member any intellectual property rights (of whatever nature) related to or connected with any General Information.