MEMBERSHIP TERMS & CONDITIONS
Please read these terms and conditions carefully as they apply to your use of the services (“Subscribers / Registered Membership”) provided by JazCorp Australia Pty Ltd ACN 123 926 956 (“JazCorp”). - ADEB Health & Aged Care division . By registering for and using the Membership, you agree to be bound by these terms and conditions.
These terms and conditions represent an agreement between you (“the Registered Member”) and JazCorp Australia Pty Ltd - ADEB Health & Aged Care Division
We reserve the right to vary the terms and conditions at any time. Any variation will be communicated to the Member by JazCorp via:
(i) postal service
(ii) email service; or
(iii) posted on the JazCorp website located at http://www.jazcorpaustralia.com.au (all applicable for ADEB Health & Aged Care)
Any variation to the terms and conditions that is deemed void, voidable, unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were to be read down, and it is capable of being read down, it will be read down accordingly and the remainder of the terms and conditions has full force and effect.
Continued use of the Registration Membership after any variation of the terms and conditions will constitute acceptance by the Member of the variation and this agreement will thereafter continue in full operation to the extent varied.
No provision of or right created by these terms and conditions may be:
(i) waived, except in writing signed by the party granting the waiver; or
(ii) varied, except in writing signed by JazCorp and the Member.
The Member agrees:-
(i) that JazCorp grant to the Member a non-exclusive, non-transferable licence to access and use the Membership for internal purposes only upon the terms of these terms and conditions;
(ii) not to re-sell, market, publish, or otherwise, distribute, copy or reproduce any of the documents, data, information, text, images, files, messages, software, illustrations, photographs and other materials (“the Data”) provided to the Member by JazCorp or accessed through the Membership in any way whatsoever other than for the internal purposes of the Member’s business;
(iii) to be responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Member to access the Site;
(iv) to take all steps to ensure that any documents, data, information, text, images, files, messages, software, illustrations, photographs and other materials the Member provides or transmits through the Site is free from any virus or destructive program and the Member agrees to be held liable and to indemnify JazCorp for any and all damages to JazCorp, including legal costs and other costs of recovery, or Third Parties as a result of any virus or destructive program provided or transmitted through the Site;
(v) not to transmit through the Site any information, products, services, data, or programs that are illegal or unlawful in Australia or which is unlawful or is obscene or likely to offend the general public or otherwise constitute an offence or crime for anyone to have access to or possession of such information, products, services, data or programs;
(vi) not to use the Membership for any activity which breaches any laws, infringes a party's rights or breaches any standards, content requirements or codes set by any relevant authority which will require JazCorp to take any remedial action. The Member must not use the Membership in a manner which defames, harasses or menaces, including the sending of threatening or harassing oral, written or e-mail messages or messages containing derogatory remarks;
(vii) that the Member is solely responsible for the Data that the Member may view or receive from access to the Membership. JazCorp recommend that all downloaded material be thoroughly checked for any virus or destructive program;
(viii) to provide certain current, complete, and accurate details as requested by JazCorp through the registration process or through any other means that JazCorp may see fit to use;
(ix) to maintain and update the Member’s details as required to keep it current, complete and accurate;
(x) to grant to JazCorp the right to disclose to Members and/or Third Parties the Member’s details unless stated otherwise as per the privacy disclosure
(xi) to grant to JazCorp a perpetual, irrevocable, royalty free licence throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivate works from, incorporate in other works (whether electronic or not), distribute and display the Member’s details, whether in whole or in part; and
(xii) not to use a false or misleading name or a name that the Member is not authorised to use.
The Member agrees that in accordance with privacy compliance said YES:
(i) the Data that the Member provides to JazCorp in registering the Membership may be used by JazCorp for direct marketing of products and services provided or offered by JazCorp or Third Parties to the Member from time to time;
(ii) the Data you provide to JazCorp may be disclosed to JazCorp’s associate companies, affiliates, business partners, or other legal entities for their internal information so that they may market to the Member such services or products as they might offer from time to time; and
(iii) the Member may object to any use of the Member’s Data as stated in clauses 7(i) and (ii) at any time and, upon receipt of the Member’s written instructions, whether communicated to JazCorp via post or email, JazCorp will comply with those instructions.
JazCorp reserve the right to vary, change or charge a Fee expressed in these terms and conditions.
There are NO REFUNDS for any of the Fees charged by JazCorp for Membership. The Member is responsible in utilising the Membership once payment is made.
If for any reason payment is not cleared JazCorp may, without notice to the Member, decline to approve the Member’s Membership or terminate the Member’s Membership.
JazCorp will charge Fees to the Member for the following
(i) An affiliate membership from $165.00 exclusive of GST per calendar year commencing from the date of payment is cleared for individual members limited to Architects, Designers, Engineers, Hospital and Aged Care staff and does not apply to ABN holders
(ii) $550 exc gst for one State within Australia per calendar year commencing the from the date payment is cleared and $990 for two States,
(ii) $1300 for two States within Australia exclusive of GST per calendar year (for more than 10 employees) commencing from the date payment is cleared
(iii) $1800 for four States within Australia exclusive of GST per calendar year commencing from the date payment is cleared
(iv $2,200 for five States within Australia exclusive of GST per calendar year commencing from the date payment is cleared
13. JazCorp is not liable for the decision of vendors in relation to the winning of contracts/tenders
14. JazCorp reserves the right to immediately, and without notice, withdraw or terminate the Member’s access to the Membership, if:-
(i) the Member fails to comply with any provision of the terms and conditions concerning the payment of any Fees;
(ii) the Member misuses the Membership or fails to comply with the Member’s obligations as to the use and access of the Membership as specified in these terms and conditions; and
(iii) there are any other reasons deemed suitable by JazCorp.
15. JazCorp will attempt to contact the Member by e-mail or post prior to termination or suspension of the Member’s Membership.
16. In the event of termination, the Member will cease to be a member and will no longer be authorised to access the Membership, but all restrictions imposed on the Member, licenses granted by the Member and all of the disclaimers or limitations of liability set out in these terms and conditions by JazCorp will continue.
17. JazCorp will provide the Member with the services as advertised on and accessed through the Membership.
18. JazCorp reserve the right to, in their own sole discretion, modify or vary the Membership services with or without notice.
19. The Member acknowledges that, when using the Membership, they must exercise their own skill and judgment and must evaluate and bear all risks associated with the use of the Data, including reliance on the accuracy, completeness or usefulness of the Data.
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