Terms and Conditions
Membership Terms and Conditions
Overview
This document applies to members who were first admitted to, or changed their type of membership of THE AUSTRALIAN ASSOCIATION OF VOICE ACTORS (referred to as the
Association in this document) on or after 19 April 2024 and regardless of whether the Association trades under the trading name ‘THE AUSTRALIAN ASSOCIATION OF VOICE ACTORS’ or another trading name.
Unless the context otherwise requires, capitalised terms used but otherwise undefined in this document have the meaning given to them in the Association’s constitution adopted on 22 March 2024 (Constitution).
1. Terms of membership
Terms of issue
The Committee has established various membership classes. These classes of membership are set out at the Association website www.aavavoices.org . Below are the terms of issue for those classes of membership which the Board has established on or after the Effective Date.
Characteristic for each Class of Member
Right to attend and be represented at Association general meetings - All membership classes
Right to vote at Association general meetings - All membership classes
Membership fee - The Member must pay the membership fee resolved by the Committee from time to time as applicable to the relevant membership class set out at www.aavavoices.org
Eligibility to hold office in Association Committee - All membership classes
Entitlements - The Member will receive the goods, services and benefits (Entitlements) resolved by the Committee from time to time as applicable to the relevant membership class set out at www.aavavoices.org .
The entitlements and the membership fee (if any) can be varied by the Committee at any time, by notice.
Payment of membership fees
Individual members who are required to pay an annual membership fee may do so by:
(a) paying the entire fee in advance; or
(b) paying monthly instalments of the fee at a designated rate.
Corporate members who are required to pay an annual membership fee may do so only by paying the entire fee in advance.
If a member resigns from membership, the member will not be eligible for a refund, pro rata or otherwise of the membership fees paid.
Termination of membership class
The Committee may at any time, by giving notice to affected members in accordance with the Constitution, terminate a membership class.
Members will be refunded any membership fees that have been paid and relate to the period after the termination date.
2. Terms and conditions of services
Introduction
Below are the general terms on which the Association will supply entitlements to members.
Specific terms may apply
The supply of particular goods and services by the association or its related entities or partners 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 the Association or its related entities at any time. Members should, before using the Association’s Entitlements, inquire whether any specific terms and conditions apply.
To the extent that any specific terms and conditions are inconsistent with these Service Terms, the specific terms will prevail.
Variations
The Association may at any time vary these Service Terms at any time after giving 14 days' notice to members where possible by email or otherwise by notice through the Association’s website. If a Member disagrees with any variation of the Services Terms, the Member may, by written notice to the Association, terminate its membership in accordance with the Constitution.
Limitation of liability
To the extent that a Member acquires goods or services from the Association as a 'Consumer' (within the 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 Services Terms.
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 imposes any liability or obligation on the Association 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. Except to the extent that the Association has engaged in criminal or deliberate misconduct, the Association’s aggregate liability to a Member arising under these Services Terms or the performance or non-performance of these Services 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 to the member’s annual membership fee.
Where the Association 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 the Association’s liability is not so limited under these Services Terms), the Association’s liability to the Member for a failure to comply with the obligations under the Australian Consumer Law is limited to:
(a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(a) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
The above limitation of liability is not intended to limit any liability that the Association (or a related entity) may assume under separate terms and conditions that the Association may enter into with the Member (for example, in relation to a specific service or product that is provided to the Member).
Neither the Association nor a Member is liable or responsible for any loss or damage that is not foreseeable or for any consequential loss or damage. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Services Terms were entered into, both the Association and the Member knew it might happen, for example, if the Member discussed it with the Association.
Use of services
A Member must only use the Association’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 the Association to any third party.
Where a Member is given access to an ‘advice line’ or telephony, information or advocacy service (which may include attendance at an event, forum or webinar), the following terms apply:
(a) The Member or its representatives (Users) must at all times be polite, professional and courteous when dealing with Association staff.
(b) Users must not use the service in a manner which is ‘unreasonable’ or ‘unacceptable’, as described in paragraphs (c) and (d) below.
(c) Use of the service will be unreasonable if it adversely affects the service or otherwise adversely affects the use by other users of the service, including if the use:
(i) could not be reasonably regarded as ordinary and genuine business use for the Member;
(ii) is for fraudulent purposes;
(iii) is not consistent with the Member’s obligations under these Service Terms;
or
(iv) is, in the Association’s reasonable opinion, abnormal, excessive or unreasonably high;
(e) Users must not:
(i) use the service in a manner which interferes with or compromises or is designed to interfere with or compromise the use of the service by other customers or members;
(ii) provide the Association with false information in order to use the service;
(iii) use the service to defame, harass or abuse anyone or violate their privacy;
(iv) contravene any applicable laws when using the service;
(v) do anything in connection with a service that causes or is likely to cause physical harm to another individual; or
(vi) infringe anyone’s intellectual property rights, including confidential information, when using the service.
Suspension of services for breach
The Association may at any time suspend the provision of goods and services to any Member that:
(a) breaches these Services Terms;
(b) breaches the Constitution; or
(c) is guilty of any act, conduct or practice which is dishonourable or inconsistent with membership or is calculated to bring discredit on or to the Association or otherwise prejudicial or inimical to the Association’s interests.
3. Communicating with the Association
Notices and promotional materials
Where a Member is entitled to receive a notice under these Services Terms, the Association 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 the Association from time to time by the Member).
Service queries and complaints
Queries or complaints about the Association’s provision of goods, products or services should be directed to the Association’s phone number (02 9059 8232).
Membership queries and communications
Corporate governance inquiries, for example, those relating to members' rights to attend and vote at the Association’s general meetings, should be emailed to gail.knight@aavavoices.org . Member resignations (and related queries) should be emailed to gail.knight@aavavoices.org .
General
These Services Terms are 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.
A party’s failure to act with respect to a breach of these Service Terms does not waive that party’s right to act with respect to subsequent or similar breaches. These Services Terms set out the entire understanding and agreement between the Association and each Member with respect to its subject matter.
Disclaimer in relation to information services
The Association 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 the Association 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 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. While all due care has been taken in the preparation of this information, and it is believed to be accurate, no warranty of accuracy or reliability is given. The information contained within the service is not legal advice. If a legal opinion is sought, please contact your legal advisor.
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.
