Hawkesbury City Chamber of Commerce
Terms and Conditions

1 .General

  1. It is important that you read these terms and conditions (Terms) carefully before becoming a member, accessing our services, attending our events and using our website. References to “us”, “we” or “our” refer to the Hawkesbury City Chamber of Commerce Inc. (ABN 69 849 697 846) and our affiliates.
  2. By becoming a member, you warrant that:
    1. you are at least 18 years old or if you are under 18 years old, you have obtained the consent of your parent or guardian who have agreed to be bound by these Terms on your behalf;
    2. if you are entering into this contract on behalf of a legal entity, you warrant that you have the authority to enter this contract on that entity’s behalf;
    3. you agree to be bound by and are taken to have read: (1) our Constitution as amended from time to time, (2) our Code of Conduct as amended from time to time, (3) the Business NSW Constitution, (4) Business NSW Terms and Conditions and (5) the Business NSW Privacy Policy.
  3. By accessing or using our website and becoming a member, you agree to be bound by the Terms herein. For the avoidance of doubt, these Terms apply to all members, visitors and/or users of our website as well as those who become a member.
  4. If you disagree with any part of these Terms, then you should not access or use our website and should refrain from becoming a member.

 

2. Membership and Membership Fees

  1. If you wish to become a member and obtain access to all of our events, seminars and any educational information, you must submit a written application to our Executive Committee in accordance with clause 4 of our Constitution which may be completed and lodged through our website.
  2. When becoming a member with us, you can either choose to have a Standard Membership or a Platinum Membership. The rights and benefits of each Membership option are set out here.
  3. You acknowledge and agree that your Membership will be billed either on a monthly or yearly basis (at your election).
  4. By becoming a member, you acknowledge and agree that your Membership Fees are non-refundable.
  5. If you choose to be billed monthly, you will be billed in advance on a recurring and periodic basis (Billing Cycle).
  6. If you choose to pay for your membership on a monthly basis, then the annual membership fee is payable in 12 monthly instalments and include additional processing fees. If you are a new member, you must retain your membership for a minimum period of 12 months.
  7. At least 30 days prior to your final Billing Cycle in respect of any 12- month period, we will notify you in writing that your membership is due for renewal. You will have a 30-day opportunity to cancel your membership in writing, failing which you acknowledge and agree that your membership with us will renew for a further 12 months on the exact same terms as your existing membership.
  8. If you choose to cancel your membership, you may do so by requesting in writing by email to membership@hawkesburychamber.com.au.
  9. A valid payment method, including credit card, Direct Debit, Pinch or PayPal, is required to process the payment for your membership with us. You must provide us with accurate and complete billing information including your full name, address, state, postcode, telephone number, and all other valid payment method information.
  10. By submitting such payment information, you automatically authorise us to charge all membership fees incurred through your account to any such payment instruments.
  11. You acknowledge and agree that we may, at our sole discretion, review our membership fees from time to time and reserve our right to increase your membership fees. Whenever we increase our membership fees, we will notify you of same via email and any amendment to your membership fees will become effective at the end of the then-current billing cycle.
  12. We will provide you with reasonable notice prior to any change to your membership fees so that you have a reasonable opportunity to terminate your membership with us before the changes in your membership fees become effective.
  13. Your continued membership (including attendance at events and access to our resources) after the Membership Fees changes come into effect will constitute your agreement to pay the modified Membership Fee amount.
  14. If you fall behind with your membership fees, we reserve the right to suspend or terminate your membership with us. We will provide you with written notice of the default of your membership fees and provide 14 days for the default to be remedied by you before suspension of your termination of your membership will occur.

 

3. Member Rights and Obligations

To the fullest extent permitted by law, you acknowledge and agree that:

  1. Membership
    1. when you apply for membership with us, you must provide us with information that is accurate, not misleading, complete and current at all times;
    2. failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your membership with us (at our sole discretion); and
    3. upon our receipt of your membership fees and subject to the approval of our Executive Committee, you will be recorded as a member pursuant to our Constitution.
  2. Availability, errors and inaccuracies
    1. we are constantly updating our offerings of products and services which may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on our website and in our advertising on other websites;
    2. we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice to you; and
    3. all content provided to you is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
  3. Voting rights
    Subject to the terms of our Constitution (as amended from time to time), only eligible paid members with an active membership have the right to vote in board elections.

 

4. Our Rights and Obligations

To the fullest extent permitted by law, you acknowledge and agree that:

  1. we may, from time to time, run contests, sweepstakes or other promotions (collectively, Promotions) which may be governed by rules that are separate from these Terms;
  2. if you participate in any Promotions, you are required to review the applicable rules in respect of those Promotions as well as our Privacy Policy; and
  3. in the event the rules relating to any Promotion conflict with these Terms, the Promotion rules will apply to the extent of any inconsistency.

 

5. Purchases

  1. If you wish to purchase any product or Service from us (Purchase), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
  2. You represent and warrant that:
    1. you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and
    2. the information you supply to us is true, correct and complete.
  3. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchase.
  4. We reserve the right to refuse or cancel your Purchase at any time for certain reasons including without limitation product or Service availability, errors in the description or price of the product or Service and error in your order or other such reasons.
  5. We reserve the right to refuse or cancel your order if we suspect fraud or any unauthorised or illegal transaction.
  6. Our Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and carry out your own due diligence when conducting any such transactions.

 

6. Returns and Refunds

  1. We handle returns and processes refunds in accordance with the Australian Consumer Law.
  2. Any applicable refunds will be processed promptly, and payment made by the same method that you made payment.
  3. All refunds are made at our discretion.

 

7. Intellectual Property

To the fullest extent permitted by law, you acknowledge and agree that:

  1. our website, including without limitation, its content, features and functionality are, and will remain, our exclusive property and that of our licensors;
  2. our Service is protected by copyright, trademark and other laws within Australia;
  3. our trademarks and intellectual property may not be used in connection with any product or service without our prior written consent;
  4. nothing in these Terms constitutes a transfer of any intellectual property rights from us to you;
  5. our intellectual property rights will remain vested in us at all times;
  6. this website contains material which is owned by, or licensed to, us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics;
  7. you are not permitted to reproduce the documents, information, contents or materials on our website for the purposes of sale or the use by any third party;
  8. you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, information, documents or content that may be available for download on our website from time to time;
  9. the material on our website is protected under Australian, international and other laws governing protection of intellectual property rights;
  10. you must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials;
  11. you are prohibited from redistributing or reproducing all or part of all the contents on our website in any form, however, you may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge our website as the source of the material;
  12. you may not, except with our prior written consent, distribute or commercially exploit the content on our website and you must not transmit it or store it in any other website or other form of electronic retrieval system; and
  13. we expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these Terms.

 

8. Links to other websites

To the fullest extent permitted by law, you acknowledge and agree that:

  1. our website may, from time to time, contain links to third-party websites or services that are not owned or controlled by us;
  2. we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services;
  3. we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services;
  4. we do not guarantee the accuracy, relevance, timeliness or completeness of any information contained in these external websites;
  5. we only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement or approval of those websites. To the fullest extent permitted by law, we take no responsibility for any of the content found on any linked websites;
  6. when you access other websites on the internet, you do so at your own risk;
  7. our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard; and
  8. we strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit as our privacy policy applies solely to information collected by our website.

 

9. Termination

  1. We reserve the right to terminate or suspend your membership account immediately including without limitation if you breach these Terms and/or abuse, offend or put any of our members, staff member or any other person at risk and/or otherwise pursuant to clause 8 of our Constitution.
  2. Upon termination of your membership, your right to use our services, attend our events and use our resources will immediately cease.
  3. If we choose to terminate your membership, we will notify you of same by sending a communication to your email address or postal address that we have for you on our records.
  4. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  5. To the fullest extent permitted by law, we are not liable to you or any third party for any claims, damages, losses, expenses and/or liabilities arising out of or in connection with any termination or suspension or any other actions taken by us in connection with the termination of your membership.

 

10. Indemnity

  1. To the fullest extent permitted by law and as a condition of your continued membership, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your membership or your breach of these Terms and any applicable law or the rights of another person or party.
  2. This indemnity survives the expiration of your Membership and applies to claims arising both before and after your Membership ends.

 

11. Events and Resources

  1. By attending our events or joining our Chambers, you agree that we are reliant on the information supplied by you in order to provide our services. You are solely liable and fully responsible for any decisions you make based on our services or recommendations and any consequences which may result.
  2. Any and all information on our website is educational and for information purposes only, intended to assist you. It is not to be construed as business, legal, financial or taxation advice and should not substitute professional advice based on your own business or personal circumstances.
  3. You agree:
    1. that any information we provide to you is for your use only;
    2. not to use information for commercial resale or gain;
  4. not to provide such information to any third party for the use or benefit of that third party; and
  5. not to use your access to our information to obtain information for the use of any third party.

 

12. Limitation of liability

To the fullest extent permitted by law, you agree that:

  1. we are not a legal service and should not be relied upon to provide legal advice or any other advice;
  2. we are not liable for any loss or risk incurred as a consequence directly or indirectly of the use of any of the information, services or advice given;
  3. we are not liable for any injuries that may occur at any of our events;
  4. we shall not be liable for any damages suffered as a result of using our services and/or your membership with us;
  5. in no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage;
  6. in no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any content provided by third parties (and not by us), such as manufacturers and wholesalers;
  7. you have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of our services and you agree not to make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from your use of our Service.
  8. without limiting the foregoing, in no event will our aggregate liability to you exceed your annual membership fees payable to us.
  9. For the avoidance of doubt, none of the Terms contained herein are intended to exclude, modify or restrict any of your rights under the Australian Consumer Law and/or any other applicable legislation.

 

13. Disclaimer

To the fullest extent permitted by law, you agree that:

  1. the information contained on our website is for general information purposes only;
  2. our website, blog and email newsletters are educational and informational resources for business owners. We cannot guarantee the outcome of following the recommendations provided and any statements made regarding any potential outcome are expressions of opinion only. We make no guarantees about any information and recommendations provided;
  3. by continuing to use, read and/or participate on our website, blog and email newsletters you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are outside of our control. Therefore, following any information or recommendations provided on our website, blog and email newsletters are entirely at your own risk;
  4. whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, Service, link or information on our website or as to their correctness, suitability, accuracy, reliability, or otherwise;
  5. Your use of our website is at your sole risk. Our website is provided on an “AS IS” and “AS AVAILABLE” basis;
  6. our services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance;
  7. we, our subsidiaries, affiliates, and our licensors do not warrant that a) the website will function uninterrupted, securely or be available at any particular time or location; b) any errors or defects will be corrected; c) the website is free of viruses or other harmful components; or d) the results of using the website will meet your specific requirements. We are not liable for the consequences of any interruptions or error in the Service;
  8. we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk;
  9. in no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with your use of our Service or the contents of our website;
  10. we reserve the right to make additions, deletions, or modifications to the contents on the website at any time without prior notice to you;
  11. you agree to indemnify, and hold us and our directors, employees, contractors or other representatives harmless from all liabilities, claims and expenses, including legal fees that arise from your use or misuse of this website;
  12. we shall not be held liable for any breach of these Terms caused by circumstances beyond our control, but not limited to acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers, epidemics, pandemics or acts of local or central Government or other competent authorities.

 

14. Variation

  1. We reserve the right, at our sole discretion, to change, modify, add or replace these Terms at any time. If a revision is material, we will aim to provide you with at least 30 days’ notice prior to any new terms taking effect.
  2. It is your responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to terminate your membership. Your continued membership and/or use of our services will be deemed as your acceptance thereof.

 

15. Severability

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction unless the term is unenforceable because it is declared to be an unfair contract term or a term that is not enforceable under the terms of any applicable legislation in which case it shall, at our election, be deemed to be amended to the minimum extent required to prevent it from being an unfair contract term or from being unenforceable under the terms of any applicable legislation.

 

16. Entire agreement

These Terms represent the whole agreement between you and us concerning your use and access to our website and your use and access to the documents and information contained within it and supersedes all prior negotiations, arrangements and discussions. No other term is to be included in these Terms except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

17. Governing Law, Jurisdiction and Waiver

  1. These Terms shall be governed and construed in accordance with the laws New South Wales, Australia.
  2. All members submit to the non-exclusive jurisdiction of the courts of New South Wales in respect of any legal action or proceedings with respect to these Terms.
  3. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

 

18. Inconsistency

In the event of any inconsistency between these Terms and our Constitution and/or our Code of Conduct, our Constitution will prevail to the extent of any inconsistency.

 

19. Privacy Statement

  1. Your privacy is important to us.
  2. Personal information which we collect is used for the purpose of providing you with information about the range of membership services and benefits available.
  3. We may also use your personal information to keep you informed of the events and seminars which may be of interest to you and to provide you with promotional and marketing material about our products and services.
  4. We may list your basic business information on our website and membership directory. By accepting membership with us, you consent to sharing this information.
  5. Our privacy policy is available on our website.