Membership Terms & Conditions
1.These Terms, together with the completed Join Australian Payroll Association Application submitted via APA’s website (or in hardcopy):
.(a) form a contract between APA and the Member; and
.(b) can only be varied by written agreement between the Member and APA.
2.In consideration of the Member paying the Annual Membership Fee and agreeing to the Terms, APA agrees to provide the Member with the benefits of membership for that year.
3.These terms and the Join Australian Payroll Association Application comprise the entire agreement between APA and the Member regarding membership with APA and supersede any prior agreement.
4.A new Member must pay the Annual Membership Fee applicable to the Member’s selected Membership Class on or before the date of joining APA.
5.An existing Member must pay the Annual Membership Fee applicable to the Member’s selected Membership Class on or before the anniversary of the Member joining APA.
6.Payment of an Annual Membership Fee must be made in cleared funds in full, without any deduction or set-off.
7.If a Member fails to pay an Annual Membership Fee when due, the membership rights for the Member will be suspended or terminated.
8.In addition to the Annual Membership Fee, the Member must pay and indemnifies APA against all applicable taxes (including GST), duties and surcharges (including credit card surcharges) relating to the Annual Membership Fee.
9.An Annual Membership Fee is non-refundable and if a Member’s membership is cancelled before the end of the year to which that fee relates, the Member will not be entitled to a reimbursement of any part of the Annual Membership Fee.
10.It is agreed that all amounts agreed to be paid under or in connection with these Terms are exclusive of GST unless otherwise specified.
11.If GST is levied or imposed on or in respect of any supply under or in connection with these Terms, then the amount payable for that supply is increased by the applicable rate of GST.
12.Payment of the GST must be made at the same time and in the same manner as the payment is required under or in connection with these Terms.
13.In relation to each taxable supply made by APA under or in connection with these Terms, APA must provide the recipient a tax invoice in the form required by the GST Law.
14.A Member of APA is entitled to a discount on the standard fee for an APA event or training.
15.The class of membership determines the amount of the discount, for example:
.(a) a Standard Member is entitled to a 15% discount; and
.(b) a Corporate Member is entitled to a 20% discount.
Online member resources
16.Only a Member may access the Member Only Resources via APA’s website.
17.The login details issued to a Member in relation to the Member Only Resources must be kept confidential.
18.The Member will be responsible for ensuring their login details are safely and securely stored and not shared with any other person.
19.A Member is liable for and indemnifies APA against any claim, cost, loss, liability and expense incurred or suffered by APA in relation to the unauthorised access to and use of Member Only Resources with the Member’s allocated login details.
20.Resources available in the Member Only Resources are designed to provide general guidance and should not be relied on without first obtaining independent professional advice about the use of the resource which is specific to the Member and situation in which the Member wishes to apply the resource.
21.Information in the Member Only Resources may be updated, amended and withdrawn from time to time in APA’s absolute discretion.
Use of member resources
22.Member Only Resources may only be used by a Member who is not in default of its obligations to APA.
23.A Member whose membership with APA ends for any reason, must immediately on termination of membership:
.(a) cease use of Member Only Resources;
.(b) refrain from using and copying any Member Only Resources.
Confidentiality and intellectual property
24. The Member acknowledges and agrees:
.(a) APA owns all Intellectual Property in Member Only Resources;
.(b) Member Only Resources made available to a Member are the exclusive property of APA;
.(c) while the Member is a financial member of APA and not in default of it obligations to APA under these Terms, the Member is granted a non-exclusive licence to use the Member Only Resources for the purpose permitted by APA and no other purpose;
.(d) the Member must:
(i) maintain the confidentiality of Member Only Resources;
.(ii) prevent any unauthorised use or disclosure of Member Only Resources to any person who is not a member of APA;
.(iii) not, directly or indirectly:
A.copy or reproduce (or permit or allow the copying or reproduction of) any Member Only Resources; or:
B.discuss or disclose (or permit or allow the discussion or disclosure of) any Member Only Resources to any other person who is not a member of APA.
25. The Member’s obligations under clause 24 extend beyond the term of the Member’s membership with APA.
28.The Member warrants to APA that it obtained consent from each individual whose details are set out in the Member’s Join Australian Payroll Association Application, to the provision of the details to APA, including any personal information contained in the Member’s Join Australian Payroll Association Application.
29.APA, its directors, employees, agents, representatives, and third party contributors:
.(a) exclude all statutory guarantees and/or implied terms and warranties to the maximum legal extent;
.(b) are not liable to a Member under these Terms for any:
.(i) losses of an indirect or consequential nature; or
.(ii) loss of profit, sales, turnover, reputation, goodwill, anticipated savings, opportunities or loss in connection with another contract.
30.Nothing in these Terms will exclude, restrict or modify the application of any legislation, including any statutory guarantee, which by law cannot be excluded, restricted or modified.
31.Anything in these Terms that purports to exclude or limit a term, warranty, statutory guarantee or pre-contractual statement shall apply to the maximum extent permitted by law.
32. If the Member breaches any of these Terms, it will be liable to and indemnify APA against all costs, charges and expenses incurred by APA as a consequence of that breach, including but not limited to all legal costs, charges and expenses incurred and calculated on a solicitor/own client basis.
Distribution of Material to Non-Members
33. The information APA provides to its members, and access to the same, is a unique benefit for APA members only. Members are prohibited from distributing material or granting access to any non- member persons or organisations without the prior written consent of APA. A breach of this condition may result in legal action and the termination of your membership.
34. APA does not provide refunds on Annual Membership Fees.
Transfer of membership
35. APA memberships are non-transferable.
36. In these Terms, unless the context otherwise requires, a reference to:
.(a) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
.(b) words defined in a Join Australian Payroll Association Application have the same meaning in these Terms;
.(c) money is to Australian dollars, unless otherwise stated;
.(d) “including" and similar expressions are not words of limitation;
.(e) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:
.(i) that Statutory Provision as amended or re-enacted from time to time; and
.(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision, or if relevant, the predecessor to that statute, regulation or provision;
37. In these Terms:
.(a) APA means Australian Payroll Association Pty Ltd ACN 130 089 226;
.(b) GST means the goods and services tax under the GST Law;
.(c) GST Law means A New Tax System (Goods and Services Tax) Act 1999 and includes other GST related legislation;
.(d) Intellectual Property means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity, including patents, designs, copyright, rights in images, trade marks, know-how, brand names, domain names, inventions, moral rights, product names, trade secrets, the benefit of any obligation of confidentiality whether or not registered or capable of registration and including any application or right to apply for registration of any of those rights and all renewals and extensions of these rights;
.(e) Join Australian Payroll Association Application means the application for membership with APA completed online or in hardcopy by the Member;
.(f) Member means a person who:
.(i) completes and submits a Join Australia Payroll Association Application to APA;
.(ii) pays the Annual Membership to APA when due; and
.(iii) is accepted by APA has a member;
.(g) Terms means these Membership Terms & Conditions, as amended from time to time.