At the Australian Airports Association (AAA) we have a vision of engaged, informed and cohesive communities and are achieving this vision by helping people to find their networks by providing pathways that connect people to their interests. Our platform (Members Lounge) is designed to connect our members to exchange ideas, learn, access services and importantly connect with the AAA and each other.
1. Introduction
1.1 Contract
When you use our services, you agree to all of these terms. Your use of our services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Join Now” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with the AAA (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Services
This Contract applies to[Stephen insert Members Lounge Domain] , including the offsite collection of data for those Services. Registered users of our Services are referred to as “Users” in this agreement.
Australian Airports Association
You are entering into this Contract with the Australian Airports Association (AAA) (also referred to as “we” and “us”) who will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. This Contract applies to registered Users.
As a User of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy.
1.2 Users
When you register and join the AAA Service (whether paid or free), you become a User.
1.3 Change
We may make changes to the Contract.
We may modify this Contract and Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
2. Obligations
2.1 Your Account
You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Users are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and uphold our Member Code of Conduct. You are responsible for anything that happens through your account unless you close it or report misuse.
2.2 Payment
You’ll honour your payment obligations and understand that there may be fees and taxes that are added to our prices.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your paid Services at our sole discretion. Also, you agree that:
2.3 Notices and Messages
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree and accept it is your responsibility to keep your contact information up to date.
2.4 Sharing
When you share information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings and messages. Information and content that you share, or post may be seen by other Users. Where we have made settings available, we will honour the choices you make about who can see content or information. For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
2.5 Ask the Community Feature
The Ask the Community feature is to enable members to reach out to the broader Members Lounge community to ask questions and seek support. It is not to be used to promote products and services, questions unrelated to the Members Lounge community, bullying or abuse of any kind, or anything that a reasonable person would regard as contravening the spirit of the “ask” functionality. Breach of these rules may result in deletion of the post at our sole discretion. Multiple breaches may result in suspension from the site, at our sole discretion.
3. Rights and Limits
3.1. Your License to Members Lounge
As between you and the AAA, you own the content and information that you submit or post to the Services, and you are only granting the AAA and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
[This is not required currently but may be revisite3d if some of these features are turned on.]We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Users to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
You and the AAA agree that if content includes personal data, it is subject to our Privacy Policy.
You and the AAA agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to the AAA, you agree that the AAA can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your Members Lounge profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.
3.2 Service Availability
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
We don’t promise to store or keep showing any information and content that you’ve posted. Members Lounge is not a storage service. You 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 applicable law and as noted in our Privacy Policy.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. The AAA generally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other Users’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organisation may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
Members Lounge may help connect Users offering their services (technology, consulting, etc.) with Users seeking services. The AAA does not perform nor employ individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that the AAA does not supervise, direct, control or monitor Users in the performance of these services and agree that (1) The AAA is not responsible for the offering, performance or procurement of these services, (2) The AAA does not endorse any particular User’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between the AAA and any User offering services. If you are a User offering services, you represent and warrant that you have all the required licenses.
3.4 Limits
We have the right to limit how you connect and interact on our Services.
The AAA reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Users. The AAA reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
The AAA reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. The AAA, and “in” logos and other AAA trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of the AAA.
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
THE AAA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE AAA AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS THE AAA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE AAA, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
THE AAA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS AUD $1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and the AAA and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if the AAA or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
5. Termination
We can each end this Contract, but some rights and obligations survive.
Both you and the AAA may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
6. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, you and the AAA agree to resolve it in the Australian Capital Territory courts using Australian law.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. If you live in the Designated Countries: You and the AAA agree that the laws of Australia, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and the AAA agree that claims and disputes can be litigated only in the Australian Capital Territory, Australia and we each agree to personal jurisdiction of the courts located in the Australian Capital Territory, Australia.
7. General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that the AAA has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your Usership or use of Services) to anyone without our consent. However, you agree that the AAA may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Members Lounge “Dos and Don’ts”
8.1. Dos
Members Lounge is a community of professionals. This list of “Dos and Don’ts” along with our limit what you can and cannot do on our Services. You agree that you will:
8.2. Don’ts
You agree that you will not:
9. Complaints Regarding Content
Contact information for complaint about content provided by our Users.
We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties.
10. How To Contact Us
Our Contact information. Our Homepage also provides information about our Services.
For general inquiries, you may contact us at membership@airports.asn.au For legal notices or service of process, you may write us at:
Company Secretary
Australian Airports Association
Level 1, 55 Blackall Street
BARTON, ACT, 2601