ACXPA MEMBERSHIP TERMS AND CONDITIONS

1 Terms and Conditions

1.1 You agree that by clicking “Subscribe” or “Buy Now” or by otherwise registering, accessing or using our membership services described in the Schedule ACXPA Membership Schedule (Services), you are entering into a legally binding contract with ACXPA (including if you are acting on behalf of a company or business) and will be bound by the terms and conditions set out below (Membership Terms).

1.2 If you do not agree to these Membership Terms, do not sign up and use these Services.

1.3 The Services are supplied through acxpa.com.au, cxdirectory.com.au and other sites that are owned and operated by ACXPA ABN 58 817 433 774 and its related businesses (‘ACXPA Sites’), and some third-party sites.

1.4 In these Membership Terms;

ACXPA and our related businesses are referred to as “we”, “us” or “our”; and
a member (or any person accessing, viewing or using the Services on behalf of a member) is referred to as “you” or “your”.

1.5 The Membership Terms also incorporate and include the following terms and conditions:

ACXPA Membership Schedule;
ACXPA Website Terms of Use;
ACXPA Privacy Policy; and
ACXPA Privacy Collection Notice.

1.6 To the extent of any inconsistency between the terms of the documents listed above, the ACXPA Membership Schedule prevails, then these Membership Terms, then documents (b) – (d) in the order listed above.

1.7 For Vendor members, the following apply to any use of the ACXPA Supplier Directory:

the ACXPA Supplier Directory Privacy Policy; and for the avoidance of doubt, if these Membership Terms are suspended or terminated for any reason, a member’s access and/or use of the ACXPA Supplier Directory may also be suspended or terminated and their listing may be deleted.

2. Payment and Start Date

2.1 Start Date. Your membership to the Services begins on the date we receive full payment (if applicable) for your membership (“Start Date”) and lasts for 12 months (“Term”).

2.2 Payment. You may pay by credit card for your subscription to begin immediately, or we will send you an invoice for payment to be made in full within 14 days of the date of the invoice. You must pay any fees and charges associated with your payment method (such as credit card fees) in addition to the payment of your subscription.

2.3 Renewal. Your membership will automatically renew on the anniversary of the Start Date (‘Renewal Date’). We will send you an invoice for the renewal 30 days prior to the Renewal Date and if your payment method is via credit card, we will send you a reminder 7 days before we charge any amounts to your credit card for the renewal.

2.4 Opt-out of Renewal. You may opt out of the automatic renewal by cancelling or down-grading your membership via the membership dashboard in your online account at least 7 days before the Renewal Date.

2.5 Upgrade. Subject to the limits of your membership, you may upgrade your membership to our Services anytime. You will be charged or invoiced pro-rata for the upgraded Services for the reminder of the Term and you will be given the opportunity to review the increased charges before you accept the upgraded membership. On the Renewal Date, you will be charged for the membership option you are subscribed to on that date for the next Term.

2.6 Business/Vendor Memberships: Business and vendor memberships may entitle you to a main membership account and a prescribed number of individual memberships for nominated employees or individuals. These Membership Terms apply to all nominated employees or individuals, except only the main membership account can:

upgrade or cancel the business/vendor membership;
nominate individuals to receive memberships; and
transfer or cancel individual memberships in accordance with these Membership Terms, provided transfers are reasonable and in good faith. If a business/vendor membership is terminated or downgraded, all nominated accounts are also terminated or downgraded (as applicable), and all use and access to our related party services (such as the ACXPA Supplier Directory) will also be terminated and applicable listing/s removed.

2.7 Use of Services: You acknowledge that some features within our Services require you to provide information before you are able to access the membership benefits associated with your membership, such as the ‘Member Directory’, ‘Forums’, ‘Groups’, ‘Articles’, ‘Templates’, ‘Guides’, ‘Live Symposiums’ and other features.

2.8 You acknowledge and agree:

we will store and bill your payment method (such as credit card) for other Services you may buy, renewals of Services or membership options you may upgrade to;
we may modify our prices effective prospectively upon reasonable notice to the extent permitted by law;
you are not entitled to any refund (pro-rata or otherwise) if your membership is cancelled, modified or terminated, unless provided for otherwise in clause 9 of these Membership Terms.

3. Your use of the Services

3.1 By accessing and using the Services, you warrant and represent that you:

are at least 18 years of age and are otherwise not registering a membership on behalf of a person below the age of 18;
will provide accurate and complete information to ACXPA, including by using your “real name” and correct location when you register, access or use the Services, and you will maintain that information for the Term so that it remains accurate and complete at all times;
will use a strong password for your membership account and keep it confidential;
will access and use the Services in a professional manner and in compliance with the “Content Standards” outlined in clause 8, these Membership terms, the membership options you chose, and our policies and reasonable directives notified to you from time to time;
are responsible for anything that occurs through your membership account;
comply with all state and federal laws, regulations and directives;
will promptly comply with our reasonable requests, including (without limitation) those relating to compliance with these Membership Terms; and
immediately report misuse to [email protected] or via our ‘Report User’ function accessible on every Member’s profile.
and/or close your membership account if anything unauthorised occurs through your account.

3.2 You acknowledge and agree that, subject to clause 10.3 of these Membership Terms:

you use any information on the Services solely at your own risk, and we are not responsible or liable for them or your use of them;
you will be required to submit to us any information you would like published on Services, such as articles, for our review before it is published;
we do not comprehensively review, supervise, endorse or otherwise control any member or third-party content, information, links or events that are referred to or displayed on the Services by other members, and you accept and agree that we are not responsible or liable for them and that your use of our Services and the information contained in the Services, is solely at your own risk;
we are not responsible for any misuse of our Services, including (without limitation) for any member’s content or contribution that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful to you or which deliberately or inadvertently is associated with you;
you will promptly report any misuse you identify of the Services to [email protected] or via our ‘Report User’ function accessible on every Member’s profile.

4. Limitations on Use

4.1 By accessing and using the Services you warrant and agree that you will not:

use the Services for any unlawful or prohibited purpose, including (without limitation) not mislead or deceive others through any act or omission;
use or access, or attempt to use or access, the Services if you have previously been restricted by us from using the Services for any reason;
transfer or share any part of your account;
copy, transmit, distribute, reproduce, licence, alter, adapt or modify, reverse engineer, decompile, disassemble, or decipher in whole, or in part, the Services or any data, content or information contained in the Services unless permitted by these Membership Terms or otherwise with our written consent;
develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy data from the Services;
use bots or other automated methods to access the Services, or add or download content, or send or redirect messages or posts;
hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
use the Services for any activity which is obscene, indecent, offensive or defamatory or unlawful;
hack into, change or otherwise knowingly transmit a virus or otherwise to damage the Services or any information contained on it;
override any security feature or bypass or circumvent any access controls or use limits of the Services;
upload any material onto the ACXPA Sites or related sites, or use the Services in any way which:
infringes the intellectual property rights, moral rights or personal rights (including without limitation privacy rights) of any person; or
is unlawful or prohibited; or
imply or state that you are affiliated with or endorsed by us without our consent;
engage in “framing” or mirroring” or otherwise simulating the appearance or function of the Services;
breach any other terms of these Membership Terms.

4.2 We reserve the right to suspend, terminate or restrict your access and use of the Services without notice and in our sole discretion if you breach this clause 3 and/or 4 of these Membership Terms or bring ACXPA or any other member into disrepute of any kind.

5. Content Standards

5.1 These content standards apply to any material you contribute to our Services, such as text, information, articles, messages, posts, personal information, images, feedback, comments and suggestions on the Services, and any other type of content (Contribution).

5.2 By uploading, transmitting, posting or otherwise making any Contribution you:

grant us a non-exclusive, worldwide, transferable, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Contribution for any commercial or non-commercial purpose and without any further consent, notice and/or compensation to you or others;
warrant that the Contribution is accurate (where you state fact), is genuinely held (where you state opinions), and complies with any applicable law in Australia;
agree and acknowledge that the Contribution may be seen by other members or visitors to the ACXPA Sites;
give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Contribution.

5.3 We reserve the right (but have no obligation) to:

prevent or delay the upload, transmission, publication, posting or otherwise making available of any Contribution for any reason and in our sole discretion;
review, modify, reformat, reject or remove any Contribution uploaded, posted, transmitted or otherwise made available through the Services for any reason and in our sole discretion, including (without limitation) if the Contribution, in our opinion, violates these Membership Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
monitor the use of the Services, and store or disclose any information that we collect, including to investigate compliance with these Membership Terms or for the purposes of any police investigation or governmental request.

5.4 You agree to accept full responsibility for any Contribution you upload, post, transmit or otherwise make available through the Services and you agree that we will not be liable for any such Contribution uploaded, posted, transmitted or otherwise made available through the Services. You also acknowledge and agree that although you are using our Services, we do not endorse any opinion, advice, statement, information, data or publication made by you.

5.5 You agree, represent and warrant that any Contribution made by you will not:

contain any material that is defamatory of any person;
contain any material that is obscene, offensive, harassing, discriminatory, hateful or inflammatory;
promote illegal activity, violence or sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age;
infringe the intellectual property rights or any other rights of any person;
be likely to mislead or deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
give the impression that they emanate from us, if this is not the case; or
contain links or reference to other services or website are in breach of our Content Standards.

6. Technical Information and Security

6.1 The transmission of data over the internet is not always secure. Although we endeavour to secure the Services, you access it at your own risk we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise, which arises in connection with your use of the Services.

6.2 You acknowledge that it is your responsibility to:

implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output; and
ensure that whatever you select for your use in the Services is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.

6.3 We do not represent or warrant that the Services will be always accessible, uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control. We provide the Services (including all content and information) on an “as is” and “as available” basis.

6.4 You may access the Services at any time, unless it is restricted due to:

maintenance, updates or upgrades; and/or
factors outside our control such as network outages, the quality of your internet connection, the type of computer or mobile device used, or your software.

6.5 We do not accept any responsibility for factors outside our control.

7. Intellectual Property and Confidential Information

7.1 The Services contains intellectual property including (without limitation) trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

7.2 You should assume that any intellectual property and confidential information in the Services is owned by ACXPA and its related parties or third parties, and unless permitted by law, you must not:

adapt, reproduce, store, distribute, transmit, disclose, print, display, perform, publish or create derivative works from any part of the Services; or
commercialise any information, products or services obtained from any part of the Services without our prior written consent.

7.3 You acknowledge that you have no rights in, or to, the Services, the ACXPA Sites or software other than the right to use the Services in accordance with these Membership Terms.

8. Third Party Websites, Services and Products

8.1 The Services may contain links to websites, services and products owned and operated by third parties. Notwithstanding any discount we may offer on them, we are not responsible for the operation, security levels, content or any other aspect of any third party websites, nor for any services or products supplied by third parties available through our Services.

8.2 Links to third party websites, services and products are provided solely for your convenience and do not indicate our endorsement or affiliation of them.

8.3 We make no representations or warranties and are not liable for:

the content or accuracy of any information contained in linked websites and third-party websites;
the quality and standards or any third-party services or products; or
any loss or damage suffered as a result of access to, or use of, these third-party websites, services and products or the reliance on the information contained within.

8.4 You must make your own enquires as to the suitability of content of third party websites and third-party products and services.

8.5 Third party websites, services and products may be governed by their own terms and conditions (including their own privacy policy), which will apply to your use of the website and your use and acquisition of their products or services. We strongly recommend that you read their terms and conditions.

9. Suspension or Termination

9.1 We reserve the right to immediately suspend or terminate your access to the Services if:

we reasonably believe (in our sole discretion) you have breached any term or condition of these Membership Terms; or
we change, suspend or discontinue operating the Services for any reason.

9.2 You may terminate your agreement under these Membership Terms at any time by ceasing to use the Services or terminating your account. You will not be entitled to any refund, pro-rata or otherwise, under any circumstances unless:

you terminated the Services because we breached a material term of these Membership Terms; or
we terminated your access to the Services in accordance with clause 9.1(b).

9.3 Following termination of these Membership Terms, we have sole discretion whether to store or keep showing any information and content you have posted. You acknowledge and agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by law or noted in our Privacy Policy.

9.4 Termination of these Membership Terms will not end those provisions capable of surviving.

10. Exclusion of Warranties

10.1 While we endeavour to ensure the accuracy and completeness of the information in our Services and on the Website, including without limitation templates (such as the Environmental Policy), you acknowledge that such information may contain errors and omissions and that you use it solely at your own risk. Further, you acknowledge and agree the information in our Services and on our Website does not comprise of legal advice and that we strongly recommend you obtain independent legal and/or professional advice before using and relying upon such information.

10.2 To the maximum extent permitted at law, we and our related entities make no representations or warranties of any kind, express or implied, of title, accuracy of data, non-infringement, loss or otherwise of data or other material, merchantability or fitness for a particular purpose.

10.3 Where liability cannot be excluded, any warranty by us in relation to the use of the Services is limited as provided under the Competition and Consumer Act 2010 (Cth).

11. Limitation of Liability

11.1 To the maximum extent permitted at law, we and our related entities, officers, employees, agents, contractors, service providers, successors or assigns exclude all indirect, incidental, special, consequential or exemplary damages, including (without limitation) any loss of profits, loss of opportunity, business interruption or loss or corruption of data or information, which you may suffer arising out of, or in any way related to:

your use of, or reliance on, the Services or the ACXPA Sites or any information or material provided or omitted through the Services or ACXPA Sites;
your use of other third party linked websites, products or services;
any unauthorised use of your login details;
the suspension, termination or interruption of your access to and use of the Services in whole or in part for whatever reason.

11.2 To the maximum extent permitted by law, the maximum aggregate amount we will be liable to you for all claims in connection with or arising out of these Membership Terms, the ACXPA Sites or the Services is the total fees and charges paid or payable by you to us for the applicable Service/s, or AUD $100.00 if no amount has been paid or is payable.

11.3 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Services or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth), to any one or more of the following:

in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

11.4 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach of the Membership Terms listed below, or of any other legal obligation by you or your use of, or conduct on, the Services:

Clause 2 (Your use of the Services);
Clause 3 (Limitations of Use);
Clause 4 (Fees and Charges);
Clause 6 (Our Intellectual Property); and
Clause 9 (Content Standards).

12. Privacy

12.1 You agree that information about you, including information provided through the Services and on the ACXPA Sites will be held by us in accordance with our Privacy Policy which covers how we collect, use, share, access, store and process your personal information. If you have any concerns about your personal information, or would like to amend or update it, please contact [email protected].

13. Notice

13.1 You agree that we will provide notices and messages to you either via the Service or to the contact information you provided to us, such as via your email, mobile number or physical address.

13.2 You may contact us or provide notice to us by the methods on our Contact Us page.

14. General

14.1 These Membership Terms (including any additional terms that may be provided by us when you sign up or engage with a feature of the Services) and the documents referred herein comprise of the only and entire agreement between us regarding your membership to the Services and supersedes all prior agreements or representations for the Services.

14.2 We reserve the right to amend, modify, add, delete and make corrections to the Membership Terms at any time and such amendment will be effective immediately upon providing you with notice through our Services, or by other means, so that you can review the changes before they become effective. If you do not agree to the changes, you must close your account. The updated Membership Terms become effective when they are published on the ACXPA Sites. Your continued use of the Services after such publication means you are consenting to the updated Membership Terms.

14.3 If any part of the Membership Terms is determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Membership Terms shall continue in full force and effect.

14.4 No waiver of any breach of the Membership Terms will be construed as a waiver of any other breach of the Membership Terms.

14.5 Any variation or amendment to these Membership Terms may only be made by us in writing.

14.6 You may not assign or transfer your rights and obligations under these Membership Terms without our express consent in our sole discretion. You however agree that we may assign our rights and obligations under these Membership Terms, or any part thereof, without your consent. There are no third-party beneficiaries to these Membership Terms.

14.7 The Membership Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Membership Terms will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those courts.

14.8 These Membership Terms (including documents referred herein) comprise of the entire agreement between you and us with respect to the Services.

14.9 For further information, please contact us at [email protected].

ACXPA Membership Schedule

ALL Individual Membership include:

Access to the live Member Symposiums featuring a range of local and international guests providing practical tips.
Access to the Member Forums to engage with the ACXPA community for support, ideas and guidance.
Access to Private Groups.
Access to the Members Directory enabling you to search, connect and message directly with other members.
Download premium resources, calculators and templates that can save you time and money.
Entry into the ACXPA Rewards program to earn ranks, points and badges.
Entry to the ACXPA Awards program launching in 2023 – setting a new level of awards excellence in Australia.
50% off all ACXPA Events and up to 25% off courses and events from our Accredited Training Partners.

ALL Business Membership levels include:

A nominated amount of Individual ACXPA Memberships to allocate to your employees (Click here to see the differences between the individual levels)
A listing in the ACXPA Business Directory to help attract new customers.
50% Discount off all ACXPA Events for your nominated employees.
A minimum 10% discount from all our Accredited training partners including up to 25% off CX Skills courses.
Entry into the ACXPA Awards program.

Included in all Vendor Memberships:

A listing on the ACXPA Supplier Directory to generate leads.
List your upcoming events on the Events Calendar to increase attendees.
Publish Press Releases to raise industry awareness.
Entry to the ACXPA Awards to recognise exceptional performance.
Use of the ACXPA logo to show your industry support.
A nominated amount of Individual ACXPA memberships to allocate to employees (Click here to see the differences between the individual levels).