CONNECT2BUSINESS NETWORK – TERMS & CONDITIONS OF MEMBERSHIP
1 Interpretation
1.1 “CONNECT2BUSINESS” and/or “C2B” means Connect2Business Network (ABN: 73 162 972 536) whose registered office is at 253/585 Little Collins Street, Melbourne, Vic 3000.
1.2 “MEMBER” means the person or company who is named on the Connect2Business Membership Application form and who, following acceptance by Connect2Business Network (C2B), has agreed to be bound by these Terms & Conditions of Membership and for whom C2B has agreed to provide Specified Service to, in accordance with these Terms & Conditions of Membership.
1.3 “MEMBERSHIP” means the period when a Member is contracted to C2B
1.4 “REGISTRATION FEE” Fee means the one-off payment made by the Member to C2B to cover initial registration and administration costs.
1.5 “MEMBERSHIP FEE” means the annual fee paid by the Member to C2B in the amount set out in the Membership Application Form in respect of the Initial Period and thereafter for Further Periods.
1.6 “FEES” means Registration Fee and/or Membership Fee
1.7 “SERVICE/S” means the service provided by C2B as set out in these Terms and in certain literature at the time of Member acceptance by C2B.
1.8 “COLLATERAL” means any documents or material in any form (including intellectual property) provided by C2B to any Member during the period of Membership.
1.9 “MEMBER GROUP” means a group of C2B Members normally meeting on a fortnightly basis, or at any other frequency as may be agreed between C2B and the Member Group, that is authorised and facilitated by C2B
1.10 “MONTHLY PAYMENTS” means, when applicable, the payments due to C2B at monthly intervals throughout the Contract Term and thereafter until the agreement is terminated by either party in accordance with these terms.
1.11 “INITIAL PERIOD” means the initial 12-month period (or initial period as may be agreed) from the date of acceptance of Membership.
1.12 “FURTHER PERIOD” means any further 12-month period of Membership.
1.13 “TERMS” means the Terms and Conditions of Membership as laid out herein.
2. Membership
2.1 Connect2Business Network is a membership organisation that facilitates networking and other similar events to enable Members to promote their businesses between each other, to create ongoing business relationships, to exchange business referrals and to provide a forum for business seminars and trainings.
2.2 Whilst there are no strict requirements regarding the number of referrals that are to be provided to fellow Members, all Members are encouraged to provide legitimate referrals to other Members as frequently as possible and to bring new visitors/prospective Members to their Member Group meetings. Visitors are permitted to attend a maximum of two different Member Group meetings on one occasion each before submitting an application for membership.
2.3 C2B will appoint to each Member Group a C2B Ambassador to co-ordinate its meetings and, as and when required, appoint additional Member Group leaders.
2.4 New Members should attend a Networking Training (either in person or online) conducted by or on behalf of C2B as soon as possible but within at least 8 weeks of becoming a Member.
3. How to Become a Member
3.1 In order to become a Member of C2B an Applicant is required to complete the online Membership Application Form and conduct an initial pre-joining meeting either in person or by telephone with either the C2B Ambassador of the Meeting Group they wish to join or with a member of C2B management.
3.2 C2B will shortly thereafter provide written confirmation of any acceptance of the Application.
3.3 Membership will commence upon the date of payment by the Applicant of the Fees in accordance with Clause 6.
3.4 The Membership will run for an Initial Period of 12 months (or as may be specifically agreed otherwise) unless terminated earlier in accordance with these Terms.
3.5 Once a Membership is approved the Member will be allocated to a Member Group of their choice. If their requested industry category is not available at the chosen Member Group, the Member will be offered the option to join an alternative Member Group.
3.6 Approximately 30 days prior to the end of the Initial Period C2B will invoice each Member, provided they remain a Member in good standing, for the renewal Membership Fee for a Further Period of 12 months. If a Member chooses not to renew their Membership, they will be required to submit a new application for Membership should they wish to re-join C2B at any future date.
4. Member Obligations and Code of Behaviour
4.1 A Member of C2B agrees to;
4.1.1 Be an active and committed Member of C2B
4.1.2 Make their best efforts to attend all fortnightly meetings of their Member Group and not to accrue more than 4 absences from fortnightly meetings of their Member Group during a 12 month period of membership. If a Member is unable to attend a fortnightly meeting of their Member Group, they are encouraged to nominate a “stand-in” to take their place at the meeting. Nominating a “stand-in” to attend in their place means their non-attendance will not count as an absence.
4.1.3 C2B reserves the right to review the membership of a Member who accumulates more than 4 absences from fortnightly meetings of their Member Group during a 12 month period of membership. In such circumstances, the Member may be required to forfeit his/her position as a Member and that position in the Member Group be made available to a new Member.
4.1.4 Bring new visitors/ prospective members to their fortnightly Member Groups as often as possible, preferably at least one visitor/prospective member for each two meetings they attend. C2B reserves the right to review the membership of a Member who who falls behind in this requirement.
4.1.5 Make their best efforts to provide business referrals and/or business leads to other Members in their Member Group as often as possible.
4.1.6 Register online, and pay the meeting/breakfast fee, in advance for their attendance at each fortnightly meeting of their Member Group. This ensures the timely running and efficient operation of each meeting.
4.1.7 Make their best efforts to attend all C2B Ultimate Networking Events (held at various times during the year).
4.1.8 Act always in an appropriate and professional manner when attending C2B meetings and events, to treat all other Members or persons interacted with in connection with Membership with courtesy and respect and not to bring any meeting or event into disrepute.
5. Member Groups
5.1 A C2B Ambassador will be appointed by the directors of C2B to act as a leader of each Member Group. A C2B Ambassador’s role is to assist in the coordination and running of the Member Group meetings alongside their role as a Member of C2B. A C2B Ambassador is not an agent or employee of C2B and is not connected to C2B in any way other than as a Member, subject to payment of Membership Fees in accordance with these Terms.
5.2 The composition of Members in each Member Group is determined by industry sector. There may not be more than one Member in a Member Group that is a professional in a particular industry, as defined in the C2B Industry Category list.
5.3 C2B does not guarantee that there will be other professionals with whom a Member will wish to conduct business in their Member Group or any of the Member Groups in C2B. Neither does C2B guarantee that a Member will receive business referrals and/or business leads from other Members of their Member Group or any of the other Member Groups in C2B. Nor does C2B guarantee the number of Members in each Member Group at any one time.
5.4 New Members are likely to be joining or leaving Member Groups on a regular basis and C2B in its sole discretion may restructure or discontinue a Member Group. If a Member Group is restructured or disbanded, Members will be offered positions in an alternative Member Group. In the event that a Member is offered but subsequently declines such an offer, their Membership will be terminated and C2B will not be required to refund any Fees that the Member has paid.
6. Fees & Payment Terms
6.1 Registration and Membership fees are outlined in our Membership Application Form and on our website. All Fees are payable in full upon acceptance of an Applicant’s application, unless specifically agreed by C2B management. Membership period is one year from the date of acceptance of membership and renews on the anniversary of the initial joining date.
6.2 Renewal membership payments will be notified by invoice. Payment is to be made before the end of the current annual membership date. In cases where payment is not received before the end of current membership, membership will be suspended pending settlement. C2B reserves the right to charge an administration fee for late-payment of renewals.
6.3 C2B may vary the Fees from time to time and will provide a minimum of 30 days’ notice to Members’ last recorded email address. Such amendment in Fees will take effect from the date of each Members subsequent annual Membership renewal.
7. Termination
7.1 A Member may terminate their Membership at any time before the expiry of the Membership by providing written notice to C2B.
7.2 C2B may terminate a Member’s Membership:
7.2.1 immediately upon notice to the Member if:
7.2.1.1 a Member fails to make payment of their Fees, without prejudice to the rights of C2B to recover any overdue payments;
7.2.1.2 a Member is found to be acting unreasonably;
7.2.1.3 a Member is in breach of these Terms and such breach, if capable of remedy, is not remedied within thirty (30) days of notice from C2B of such breach; or
7.2.2 without cause on thirty (30) days’ notice to the Member subject to refund of the Membership Fee on a pro-rata basis according to the remainder of the Membership Period.
7.3 Upon termination of Membership the Member must continue to keep confidential all copies of any Collateral that have been provided by C2B.
7.4 Unless Membership is terminated in accordance with clause Termination 7.2.2 any Fees paid are not refundable in the event of early termination by either party.
8. Privacy:
8.1 C2B collects personal information about its Members, the primary purpose of which is to enable us to provide services to the Members. If a Member chooses not to provide the information requested, we may not be able to provide services to that Member. This information may be used for related purposes, such as to assist in providing goods and services, to assist in any enquiries a Member makes, for any purpose made known to a Member at the time of collection of their personal information, to communicate promotional offers or other direct marketing (including from time to time from associated/subsidiary companies of C2B and third party companies via C2B) and business referrals, special events and the C2B Newsletter, for our internal administrative, planning, marketing, product development and research requirements, and in connection with law enforcement, and to third parties that we are required by law to disclose to.
8.2 Members have the right to access their personal information held by C2B. Members may contact us if they believe any of the information held about them is inaccurate, incomplete or out of date. Members personal information will otherwise be handled in accordance with the C2B Privacy Policy located on our website.
9. Data Protection & Confidentiality
9.1 Any information provided to Members by C2B in relation to Membership, including these Terms and any collateral is confidential information and must not be disclosed and must be kept confidential at all times until that confidential information becomes generally available to, and known by, the public other than due to a breach of an obligation of confidence owed by the Member under these Terms.
9.2 Collateral provided by C2B, or to which Members are given access, whether in physical or electronic form, in relation to their Membership, must at all times be kept confidential, and must not be sold, leased, assigned or transferred (or any attempt thereat) in whole or in part, or be provided to third parties. Neither shall a Member assert, or seek to register, ownership of any Collateral in any way, or otherwise use Collateral in any way without the express written permission of C2B (except for the express purpose for which it was provided).
10. Limitation of Liability:
10.1 Notwithstanding any other provision of this Agreement, any liability to a Member involving C2B, its employees, directors, agents, Ambassadors and representatives for any cause whatsoever arising from the breach of the conditions or warranties, if any, in this Agreement, related to this Agreement, or membership or participation in C2B or both, and regardless of the form of the action, will to the extent permitted by law be limited to the amount of current annual membership fees paid by a Member for their Membership in C2B. Except in jurisdictions where such provisions are restricted, in no event will there be a liability to a Member nor any third party for any loss of profits, loss and/or corruption of data, or indirect, consequential, exemplary, punitive, incidental or special damages.
10.2 C2B, its directors, employees and agents are not liable in any way for any loss, damage, liability or injury incurred by a Member or a business that a Member represents arising directly or indirectly in connection with a Member’s membership of C2B.
10.3 C2B shall have no liability for any loss or damage arising from the use of our website, services or products by any Member in contravention of these Terms.
10.4 Members acknowledge that any contributions posted on our website by another Member are the views of that Member and not of C2B and C2B shall have no responsibility or liability in connection with such contributions. C2B shall not be responsible for the content of third-party websites or products that link from our website, nor how such sites may use a Member’s information.
11. Dispute Resolution
11.1 In the event of a dispute between a Member and C2B in connection with the Terms of Membership, the Member must notify the director(s) of C2B of the dispute by email at admin@c2bnetwork.com.au. The parties must use their best endeavours to resolve the dispute within fifteen (15) business days of the matter being referred to the director(s) of C2B.
11.2 If the matter is not settled within fifteen (15) business days the parties must endeavour to settle the dispute by mediation. Such mediation is to be conducted by a mediator independent of the parties and appointed by agreement of the parties or, failing such agreement within a further 7 days, by a person appointed by the Chair of Resolution Institute (email: infoaus@resolution.instutute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation.
11.3 It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.
11.4 The mediation process will terminate if the dispute is not settled within thirty (30) days of the commencement of mediation or the appointment of a mediator (whichever is the later date) (unless such period is extended by agreement of the parties). Once the mediation is terminated, either party will be entitled to commence court proceedings in relation to the dispute.
11.5 Notwithstanding the existence of a dispute each party shall continue to perform its obligations under the Terms of Membership.
11.6 In no circumstances will C2B be responsible for any dispute arising between Members. Any such dispute will be resolved between Members without any contribution or involvement from C2B.
12 General
12.1 Whole Agreement
These Terms constitute the whole agreement between the Member and C2B and supersede all previous agreements. Members acknowledge that they have not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty other than as expressly set out in these Terms.
If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
12.2 No Waiver
No failure or delay by C2B in enforcing the provisions of these Terms or in exercising any of its rights under these Terms shall be deemed to be a waiver of any of C2B’s rights under these, and no waiver by C2B of any breach of these Terms by a Member shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 Dealings Between Members
Connect2Business does not endorse the professional expertise of any of its Members and accepts no liability in connection with any business conducted by or between Members. Each Member is solely responsible for the decision to conduct business with another Member and conducts said business and/or refers clients to any other Member at his/her own risk.
12.4 Transfer of
Membership and Assignment
A Membership and/or Membership rights and benefits cannot be exchanged, resold
or redeemed for cash and are not transferrable by a Member to a third party,
nor between Members unless such Members are employees/representatives of the
same company that has a valid corporate membership with C2B. C2B may assign or
novate its rights or obligations under these Terms by providing written notice
to Member/s.
12.5 Changes to Terms
C2B reserves the right to make changes to these Terms from time to time and will notify Members in advance of any material changes. If a Member does not agree to any changes, the Member may cancel their Membership in accordance with these Terms. If a Member continues to use our website, products or services, they will be deemed to have agreed to our amended terms.
12.6 Changes to Products and Services
C2B reserves the right to make changes to, suspend or cease to provide its website, services and products at any time without notice, although we will use reasonable efforts to notify Members in advance of any material changes.
12.7 Promotions
C2B may use photos, and or other likenesses of Members for any promotional materials regarding the C2B programmes, facilities or services. Promotional materials bearing these likenesses may be distributed to the public and posted on the C2B website or the C2B social media accounts.
12.8 Representations
Members warrant in favour of C2B the accuracy and legality of all representations that they provide to C2B and its Members, and the representations that C2B provides to others (including Members) on a Member’s behalf (with the Member’s authority). Members expressly agree to indemnify, defend and hold harmless C2B from any losses, damages, claims, demands or obligations arising out of their breach of this Agreement or any act or omission by them when engaging in any C2B sponsored event, activity, discussion, including but not limited to engaging on the C2B website, attending any networking event, or professional development event. Members agree to bear sole responsibility for such breach, act, or omission and to remunerate C2B for any expense or burden whatsoever associated with such conduct, including all reasonable legal fees.
12.9 Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of Victoria and Australia and the parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria.