This Agreement is between VIP Business Network Pty Ltd (ACN 636 742 642) (“VIP Business Network” or “us”) and You (“you”, “your” or the “member”) and sets out the terms and conditions of your participation and subscription in relation to membership with VIP Business Network and associated networking events.
2. Definitions and Interpretation
Application means your application for Membership made by completing the Membership Application Form;
Confidential Information is information that:
- by its nature is confidential;
- is designated by the parties as confidential; or
- the parties know or ought to know is confidential;
and includes all information about VIP Business Network and its related entities, including but not limited to, all technical, financial, commercial and other information in any form (for example: as a document or in electronic form) of or relating to them or their business affairs, which is made available or which becomes known during the terms of this Contract but does not include information that was in the public domain at the time of its disclosure.
Event means any VIP Business Network morning teas, lunches, evening networking events and special meetup opportunities, whether exclusive to Members or not;
Fees means the Annual Membership Fee. Events may also have attendance fees payable in addition to the Annual Membership Fee.
Further Term means any further term, each of one year duration, of your Membership;
Intellectual Property is all of VIP Business Networks’ and its related entities’ brand and name, event photographs and/or videos, present and future patent and patent applications; rights to inventions; copyright and related rights; trademarks; service marks; trade names; domain names and URLs; rights in good will or to sue for passing off; rights in designs; the Tools; registered designs; rights in computer software; database rights; rights in Confidential Information (including know-how and trade secrets); and any other intellectual property rights. These rights may be registered or unregistered.
Member means a member of VIP Business Network that has agreed to these Terms & Conditions;
Membership Application Form is accessible via the VIP Business Network website;
Annual Membership Fee means the annual fee payable by you to VIP Business Network in accordance with clause 4 of these Terms & Conditions in the amount set out in the Membership Application Form.
Membership means your membership with VIP Business Network; and
Term means the first year of Membership and/or any Further Terms.
3.1. VIP Business Network is a networking organisation that are about creating connections between like- minded people operating businesses.
3.2. To become a Member you must submit a Membership Application Form via the form on the VIP Business Network website;
3.3. Attend to payment of your Annual Membership Fee as set out in the Membership Application Form once your application has been approved by VIP Business Network;
3.4. As part of your membership, VIP Business Network will:
3.4.1. promote your business via their databases and social
3.4.2. provide you with exclusive access to Members only events including morning teas, lunches, evening networking events and special meetup opportunities; and
3.4.3. provide access to member’s only portal on their website.
3.5. As a member you will commit to the values of VIP Business Network that include, but are not limited to:
3.5.1. focus on building mutually beneficial business relationships;
3.5.2. conduct yourself professionally and ethically
throughout your Membership;
3.5.3. not engage in spamming or sending of excessive or unsolicited marketing or other material to members or guests;
3.5.4. not ‘stalk’ for a sale; and
3.5.5. be respectful of others at all times.
4. Fees & Payment Terms
4.1. The Annual Membership Fee for Membership is payable upon acceptance by VIP Business Network of your Membership Application Form.
4.2. VIP Business Network will invoice You for the Annual Membership Fees upon acceptance of your Application.
4.3. The Annual Membership Fee is a non divisible sum and is not refundable or apportionable notwithstanding that some or all of the VIP Business Network resources, services or Events may not be utilised in a given membership period.
4.4. Instalment plans for payment of the Annual Membership Fee are available by application to VIP Business Network to email@example.com and agreement between VIP Business Network and you.
4.5. If a Member determines to cancel its membership (or not participate in Events during the relevant membership period), it will nonetheless be liable for the full amount of the Annual Membership Fee and any portions or instalments which remain outstanding must be paid in full.
4.6. In circumstances where VIP Business Network invoices are outstanding for more than 14 days, you agree that you will be liable to pay to VIP Business Network interest on the full amount of the Fees outstanding at the rate equal to 2% higher than the penalty interest rate (pursuant to s2(1) of the Penalty Interest Rate Act 1983 (Vic)), calculated monthly for the period from the due date until payment is received.
4.7. You must reimburse VIP Business Network for the full amount of any bank or other fees associated with any dishonoured payments and you agree to indemnify VIP Business Network against any legal, debt recovery or other expense associated with any action VIP Business Network may be forced to undertake to recover money from you.
4.8. At the end of your Annual Membership, you may apply to renew your Membership for a further year pending the acceptance of VIP Business Network
5. Dealings between Members and Conduct
5.1. VIP Business Network does not endorse any Member, or their expertise, experience, standards or professional capabilities and accepts no liability in relation to any business conducted by or contracts entered into between Members.
5.2. A decision to conduct business with another Member is the sole responsibility of the Member and is conducted at each Member’s sole discretion and risk.
5.3. VIP Business Network accepts that Members may belong to other networking groups or associations as part of their overall business networking efforts. However, VIP Business Network does not permit Members to sell, promote, recruit or market through unsolicited means:
5.3.1. at Events; and
5.3.2. by use of VIP Business Network databases, social media or platforms,
any groups, networking associations, clubs or events, whether or not they compete with VIP Business Network.
5.4. VIP Business Network acknowledges that Members may desire to share photos and video captured on their own devices at Events that they attend. Whilst VIP Business Network encourages Members to share their positive experiences of such Events, it requires that in doing so Members agree:
5.4.1. to be respectful of other Members in the mode in which they share and disseminate such information;
5.4.2. not to publish photos or videos of VIP Business Network personnel or other Members without the express consent of those persons;
5.4.3. not to misrepresent the nature of Events or conduct of persons at such Events; and
5.4.4. not to incorrectly infer that a Member or VIP Business Network has endorsed a particular business, product or service.
6. Intellectual Property & Confidential Information
6.1. You understand that you may be photographed and/or videoed (directly or indirectly) in footage from Events. You give your express consent to VIP Business Networking using any of these or other Intellectual Property and the Confidential Information for the purposes of promoting VIP Business Networking and Events on social media and their website.
6.2. If you agree to be interviewed by VIP Business Network for marketing and training purposes you give permission for the video to be used for such purposes without restriction or limitation.
6.3. You acknowledge and agree that the Intellectual Property and Confidential Information are the sole property of VIP Business Network and that these Terms & Conditions do not confer on you any property right or title to any of the Intellectual Property or Confidential Information.
6.4. You acknowledge that the development of the Intellectual Property and the Confidential Information is the fruit of significant resources and investment of VIP Business Network and that VIP Business Network would suffer loss and damage in circumstances where such items (or constituting components of those items) were disclosed or published without permission.
6.5. You agree that you will:
6.5.1. not disclose any Intellectual Property and Confidential Information to third parties;
6.5.2. not use the Intellectual Property and Confidential Information for any commercial use nor allow, encourage or permit a third party to do so; and
6.5.3. not replicate, modify, licence, publish, transmit, distribute, upload, broadcast, sell or otherwise transfer the Intellectual Property and Confidential Information.
6.6. You agree to indemnify VIP Business Network against any claims, loss, damages and liabilities of any kind (including legal costs) arising from or incidental to:
6.6.1. a breach by you of these Terms & Conditions; and
6.6.2. any exploitation or use of VIP Business Network’s Intellectual Property and Confidential Information by you which is not expressly authorised in writing.
6.7. You acknowledge that VIP Business Network does not warrant the accuracy of the Confidential Information or Intellectual Property (including information contained on the VIP Business Network website and portal) and you agree to fully release VIP Business Network from all liability for loss or damage of whatsoever kind resulting from any reliance on the same.
7.1. In the event of any dispute arising between you and VIP Business Network, the parties agree to first attempt to resolve the dispute in good faith, via negotiation or mediation before commencing proceedings in any court or tribunal.
7.2. A term in these Terms & Conditions that is deemed illegal or unenforceable may be severed from the Agreement and the remaining terms or parts of terms will continue in force.
7.3. The failure of VIP Business Network to enforce any provision of this Agreement will not be treated as a waiver of that provision, nor will it affect VIP Business Network’s right to subsequently enforce that provision.
7.4. These Terms & Conditions contain the entire understanding between the parties in respect of the subject matter of the Agreement. You confirm that you have not entered into this Agreement on the basis of any representation by VIP Business Network that is not expressly incorporated into this document.
7.5. If this Agreement is terminated for any reason, such termination will not affect any accrued rights or liabilities of either party nor will it affect any provision of these Terms & Conditions (such as in relation to Intellectual Property and Confidential Information) which is expressly or by implication intended to continue on or after the termination.
7.6. The Agreement between VIP Business Network and you is made in the State of Victoria, and the parties agree to submit all disputes arising between them to the courts of such State.
7.7. VIP Business Network may vary the terms of these Terms & Conditions at any time if it has given to you at least 30 days’ prior notice in writing of the proposed change.
I have reviewed and understood the VIP Business Network Terms & Conditions and agree to accept and be bound by the obligations stipulated in those terms.