Legal

Terms and conditions


Last updated May 2024

1  Overview
(a) Capitalised terms in these Terms and Conditions take the meaning given to them in, and should be interpreted in accordance with, Clause 11.
(b) The Victorian Chamber of Commerce and Industry (“VCCI”) is a not-for-profit business organisation in Victoria, informing and supporting its members and clients across Victoria and further described in Clause 2.
(c)

By doing any of the following:

(i) purchasing or renewing a Membership with VCCI (including in relation to MCC);
(ii) enrolling in a Course offered by VCCI; and/or
(iii) attending an Event held by VCCI,

you agree to be bound by these terms and Conditions (“Terms and Conditions”).

(d) In these Terms and Conditions, “you” or “member” means the person who is admitted as a member of VCCI subject to these Terms and Conditions.
(e) If you are applying for or renewing Membership on behalf of a company or other legal entity, you represent and warrant that you have the power and authority to bind such company or other entity to these Terms and Conditions.
(f) These Terms and Conditions, together with our Privacy Policy (available at https://www.victorianchamber.com.au/legal/privacy-policy), constitute the entire agreement between VCCI and you in relation to your Membership.
2  Governing documents
(a) VCCI is an employer membership organisation registered under the Fair Work (Registered Organisations) Act 2009. It operates subject to the Rules of the organisation registered with the Fair Work Commission (“the Rules”). The Rules are available at www.fwc.gov.au.
(b) The Rules constitutes a contract between VCCI and each member of VCCI.
(c) Nothing in these Terms and Conditions is intended to amend, alter or otherwise override any provision of the Rules. In the event of any inconsistency between these Terms and Conditions and the Rules, the Rules prevail to the extent of the inconsistency.
(d)

The Rules contain provisions regarding:

(i) VCCI’s principal purpose and objects;
(ii) applications for and admission to Membership;
(iii) Membership Fees;
(iv) when a member will no longer be considered a Financial Member;
(v) cessation of Membership;
(vi) Representatives appointed by members and proxies;
(vii) general meetings and proceedings at general meetings of VCCI;
(viii) votes of members;
(ix) appointment and removal of Directors; 
(x) powers and duties of Directors (including the power to delegate to committees and other persons); and
(xi) winding up of VCCI.

Membership

3  Terms of VCCI Membership
3.1  Overview

Memberships are offered in different classes, each with different qualifications, rights, privileges and benefits. Each class of Membership also has varying Membership Fees and services (as described further in Clause 3.3). For details of VCCI’s membership classes, pricing and packages as determined by the Directors from time to time, refer to:

(a) compare your membership options webpage (VCCI); and 
(b) compare your membership options webpage (MCC).
3.2  Term

Your Membership commences on the date of first payment of the relevant Membership Fee (“Commencement Date”) and continues for a period of 12 months from the Commencement Date (“Expiration Date”) unless terminated earlier in accordance with these Terms and Conditions.

3.3  Services
(a) VCCI provides its members with a range of package options, services and entitlements as part of a Membership (collectively, “Services”) depending on the class of Membership to which the member belongs. The provision of the Services is at all times at the absolute discretion of VCCI and may be subject to change, variation, revocation or cancellation at any time, in each case, in accordance with Clause 3.13(g).
(b) VCCI makes no representation, warranty, undertaking or promise that Services offered at the Commencement Date, the Renewal Date or the Expiration Date (as the case requires) will continue to be provided or otherwise available to members at any later date.
(c) If VCCI suspends or cancels the provision of any of the Services, it will notify its third party providers of the suspension or cancellation of those Services and you may lose access to your entitlements with that provider, in accordance with the arrangements you have in place with that provider.
3.4  Membership Fees
(a)

Subject to Clause 3.4(b), a member’s applicable Membership Fee is set out on:

(i) compare your membership options webpage (VCCI); and 
(ii) compare your membership options webpage (MCC).
(b) Membership Fees are exclusive of GST, unless otherwise stated.
(c) VCCI also provides other Services to members and the general public for additional prescribed fees from time to time. These additional fees may be discounted as part of your Membership and may otherwise be subject to additional terms and conditions.
(d) In order to commence or retain (as the case requires) your Membership, you must pay the amount due and payable on any invoice relating to the Membership Fee or a Renewal Notice within 14 days of receipt of such document.
(e) To the extent permitted by law and except for your rights and remedies under Clause 3.13(g) and under the Australian Consumer Law which by law cannot be excluded (“Consumer Rights”), Membership Fees are non-refundable.
(f) Membership Fees will be reviewed annually and may be subject to increase at the absolute discretion of VCCI. You will be provided written notice of any change to Membership Fees at least 30 calendar days prior to the Expiration Date.
(g) Membership Fees may also be discounted in accordance with certain promotions, as set out in clause 3.10 below and may otherwise be subject to additional terms and conditions. 
3.5  Payment

A member may elect to pay the Membership Fee by any of the following methods:

(a) paying the full Membership Fee online via the website purchase page;
(b) paying the full Membership Fee within 14 days of receiving an invoice from VCCI relating to the Membership Fee or a Renewal Notice (as the case requires); or
(c) subject to Clause 5, paying the Membership Fee via direct debit in monthly or quarterly instalments (as the case requires).
3.6  Primary Contact and Authorised Contacts
(a) At the time of purchasing your Membership, you will be required to nominate a primary point of contact (“Primary Contact”).
(b) The Primary Contact has the authority to nominate and authorise additional contacts associated with the Membership (“Authorised Contacts”).
(c) It is the member’s responsibility to promptly notify VCCI of any change to the status or contact details of the Primary Contact or Authorised Contacts. The member acknowledges and agrees that any notice or communications to or from the Primary Contact or Authorised Contacts shall constitute notice or communications to or from the member and such notice or communication from or to the member will bind the member.
(d) VCCI is not responsible and accepts no liability for any claim which may arise from an individual accessing the Services if that person is no longer an employee, officer, agent or otherwise authorised representative of the member if the member has failed to inform VCCI accordingly.
3.7  Membership benefits
(a) The rights, privileges of and benefits available to persons in a particular class of Membership (“Benefits”) are valid for 12 months from the Commencement Date, unless otherwise agreed between the member and VCCI.
(b) Benefits may exclude some Courses and Events, and will be subject to availability, at VCCI’s sole discretion.
(c) The member acknowledges and agrees that Benefits may be interchangeably referred to as credits or entitlements in connection with a Membership.
3.8  Workplace Relations & Advice Line
(a)

Depending on the member's class of Membership and subject to these Terms and Conditions, members may have access to VCCI’s workplace relations and human resourcing advice line (“Advice Line”). By using the Advice Line, you thereby agree to the following terms:

(i) information provided by VCCI (and any of its employees, officers and agents) is of a general nature only and does not constitute legal, accounting or other professional advice. The member should obtain independent professional advice before relying on any information provided by VCCI via the Advice Line or otherwise;
(ii) while all reasonable endeavours are made to ensure the accuracy of information provided via the Advice Line, VCCI accepts no liability for any action, or non-action, error or omission in connection with or otherwise arising from the information provided by VCCI, or any Loss caused to you or any other person (whether a member of VCCI or not), as a result of information provided by VCCI, except for your rights or remedies under the Australian Consumer Law which by law cannot be excluded;
(iii) the member is solely responsible for providing correct facts, matters, events, circumstances and other information to VCCI when seeking human resources or industrial advice (including via the Advice Line) whether over the telephone, in-person or via email. Accordingly, the member acknowledges that incomplete, inaccurate or changes in facts or information may change the information provided by VCCI; and
(iv) where a member requests additional services for workplace relations matters, outside of the scope of the Advice Line, those additional services will be subject to further terms and conditions and the member may be required to execute additional legal documentation to formalise those additional services.
(b) For the avoidance of doubt, some classes of Membership are not eligible for access to and use of the Advice Line.
3.9  Renewal
(a) A minimum of 40 days prior to the Expiration Date, VCCI will issue the Primary Contact and the Financial Contact with a Renewal Notice.
(b) By paying the amount set out in the Renewal Notice (whether in full or by direct debit instalments in accordance with Clause 5), your Membership will automatically renew for a further 12 month period from the Expiration Date (“Renewal Date”) on the terms and conditions set out in, and unless terminated earlier in accordance with, these Terms and Conditions.
3.10  Promotions
(a) VCCI may introduce limited promotions, discounts (including group discounts) and offers to members (whether prospective and/or existing members) or add additional entitlements to a Membership, which may be subject to additional terms and conditions.
(b) Any promotional offers are exclusive to the member and non-transferable. Promotions cannot be combined with any other offers or discounts, including the Referral Discount at clause 3.11 below, and VCCI has the right to cancel, reject or change any promotion or discount at any time without notice.
(c) Sometimes VCCI agrees with its sponsors, partners or other third parties to offer some or all of our members special offers. These offers may only be available for a limited time and may require you to meet eligibility requirements (including agreeing to third party terms and conditions, to which VCCI is not a party). Offers may also be sent directly to you.
3.11  MCC Membership Referral Discounts 
(a) VCCI offers a discount on existing MCC Membership Fees in circumstances where an existing MCC member refers a new business that successfully purchases a MCC class of membership (“New Member”).
(b) The discount will be equivalent to 10% of the Membership Fee payable by the New Member (“Referral Discount”). 
(c) The Referral Discount will be applied to the existing MCC member’s Membership Fees at the time of renewal of their current membership, and shall apply for the duration of the New Member’s membership. For the avoidance of doubt, the Referral Discount will be provided to the existing MCC member for each subsequent and sequential year that the New Member renews their MCC membership. 
(d) The existing MCC member must retain an MCC class of membership in order to receive the Referral Discount.
(e) The Referral Discount is cumulative. If the existing MCC member successfully refers more than one New Member, they will receive the Referral Discount for each New Member, up to the entire value of their own membership. Any New Member referrals beyond the value of the existing MCC member’s Membership Fees does not attract further payment or credit.
(f) For the avoidance of doubt, the Referral Discount only applies to new MCC members, and not VCCI members. 
3.12  VCCI Membership Pay On-Time Discount 
(a) VCCI offers a discount on renewed Membership Fees in circumstances where an existing member:
(i) renews their Membership on or before their Membership Renewal Date; and
(ii) pays the full amount of the Membership Fee (not by instalments).
(b) The discount will commence on 20 May 2024 and will be equivalent to the following value for each class of Membership:
(i) $100 for Employer;
(ii) $50 for Entrepreneur;
(iii) $50 for Sole Trader;

(Pay On-Time Discount”).

(c) The Pay On-Time Discount will be applied to the existing member’s Membership Fees at the time of renewal of their current Membership and excludes GST. 
(d) For the avoidance of doubt, the Pay On-Time Discount only applies to existing VCCI members and not MCC members. New VCCI members will be charged at the full rate regardless of payment punctuality.
3.13 VCCI Community
(a) VCCI Community is a free subscription platform to stay connected to VCCI.
(b) If, on the Expiration Date, your Membership lapses or otherwise expires and is not renewed on and from the Renewal Date, you will be transitioned to VCCI Community unless you otherwise provide notice to VCCI that you do not wish for this to occur.
(c)

VCCI Community keeps you informed about:

(i) latest industry news and updates, VCCI exclusive content and communications;
(ii) VCCI advocacy through invitations to surveys and taskforces; and
(iii) special member promotions and offers relevant to VCCI, its member program, business partners and/or the VCCI network.
(d) VCCI Community is a continuing subscription until you opt-out/unsubscribe from VCCI Community via the subscription/preference centre on the member hub, by calling our customer service line on 03 8662 5211 or emailing customerservice@victorianchamber.com.au.
(e) If you wish to purchase a Membership, and unlock member benefits and pricing, please get in touch with our membership team via on 8662 5323 or via membership@victorianchamber.com.au.
(f) For the avoidance of doubt, VCCI Community does not provide you with any Benefits, access to Events or Courses, or member pricing.
3.14 Suspension and termination
(a) If you have not paid any Membership Fees set out in the Renewal Notice by the Expiration Date in respect of your Membership, VCCI may suspend your Membership.
(b) If your Membership is suspended, we are unable to assist or provide you with any Services.
(c) If your Membership is not renewed by payment of the Membership within three months of the Expiration Date, VCCI may cancel the Membership and the account will be transferred to VCCI Community.
(d) Subject to Clause 3.14(g), if you resign your VCCI Membership, any Membership Fees paid as at the date VCCI receives your resignation are non-refundable. VCCI will cease to provide Services, and the benefit of those Services will cease to be available, to you upon receipt of your resignation as a member. VCCI will terminate any direct debit arrangement you have for your Membership Fees.
(e) Any Membership Fees which has accrued but remain unpaid at the time of resignation or cancellation of your Membership in relation to a period before your resignation remain due and payable to VCCI as a debt due.
(f)

VCCI may at any time suspend or terminate Services to a member by providing written notice, where the member, in VCCI’s absolute discretion:

(i) breaches these Terms and Conditions or the Rules;
(ii) does anything that adversely impacts or affects the image, goodwill, name, interests or reputation of VCCI; or
(iii) exhibits abusive, threatening or harassing behaviours toward any officer, employee, contractor or agent of VCCI in their delivery of the Services.
(g)

If VCCI:

(i) breaches a material provision of these Terms and Conditions or the Rules; or
(ii) materially changes the Services available (such change being material to the Services as a whole and by reference to those Services available at the Commencement Date) to you in connection with your Membership,

you may resign your Membership under and in accordance with the Terms and Conditions and the proportion of the Membership Fees that you have paid for the period starting from the date of termination will be refunded to you by VCCI.

3.15 Consequences of termination

Where VCCI terminates a Membership in accordance with Clause 3.14, you release, indemnify and keep VCCI and its officers, employees, contractors and agents indemnified on demand from and against any Claim or Loss arising directly in relation to such termination, except to the extent VCCI has caused or contributed to the Claim or Loss.

3.16 Fair use of information & advice and behaviour standards
(a) You agree that any information or advice provided to you by VCCI is provided for the use of the member only, unless otherwise agreed. You agree not to use the information or advice for commercial resale or gain.
(b) You agree not to wholly, partly, directly or indirectly, assign, commercialise, dispose of, transfer, grant any option over or interest in, on-sell, deal with or otherwise make available Services provided by VCCI as part of your Membership, to a third party.
(c) You agree not to use your access to VCCI information and advice to obtain information or advice for the use of a third party (including any subsidiaries or related bodies corporate that are not members of VCCI).
(d) In the event that information or advice provided to you by VCCI is provided to any third party, VCCI reserves the right to suspend or terminate the provision of further Services to you and your Membership until such time as it is satisfied that you have ceased to do so. No pro rata refund of any Membership Fees paid will be due, except as required under Clause 3.13(g). Any VCCI Membership Fee which has accrued but remains unpaid will remain due and payable as a debt due to VCCI.
(e) Notwithstanding any thing to the contrary in these Terms and Conditions and without prejudice to any other rights of VCCI, VCCI reserves the right to suspend or cancel a Membership if it believes use of the Services has been improper, unreasonable or excessive.
(f)

A member will, and will procure that its employees, officers, agents and contractors, ensure at all times that they do not:

(i) engage in any conduct that is likely to harm VCCI’s reputation, products or services (including, for the avoidance of doubt, the Services);
(ii) do any thing which, or which is reasonably likely to, adversely impact or affect the image, goodwill, name, interests or reputation of VCCI; or
(iii) make or purport to make any representations on behalf of VCCI, any of its members (other than you) or its officers, employees or agents without the prior written approval of VCCI.
4  Melbourne Chamber of Commerce (MCC)
4.1  Background
(a) VCCI established the MCC as an initiative to bring together Melbourne’s most influential companies, business leaders, key influencers and political leaders. For the avoidance of doubt, MCC is not a separate legal entity.
(b) The MCC is a class of Membership for medium to large organisations.
(c) For details of the MCC’s membership packages, refer to the membership webpage.
4.2  Application

This Clause 4 only applies to MCC Members (for the avoidance of doubt, in addition to the Terms and Conditions set out in Clause 3 and applicable to members generally).

4.3  Other

VCCI reserves the right as an employer advocacy group to comment on any government policy or decisions and actions of a MCC Member which (in VCCI’s opinion) are not in the interests of members, certain employers or employers as a whole.

4.4  Inconsistency

Where a provision in this Clause 4 conflicts with any other provision in these Terms and Conditions, this Clause 4 prevails to the extent of the inconsistency.

Direct Debit

5  Direct Debit payment
5.1  General

By providing your payment method details to VCCI and selecting direct debit as your payment arrangement, you accept and acknowledge that this Clause 5 applies to payment of your Membership and you are authorised to establish this payment arrangement.

5.2  Drawing arrangements
(a) VCCI will arrange for funds to be debited (by your financial institution or other payment service provider) from your relevant account in payment of amounts you owe to VCCI for your Membership, either in monthly or quarterly instalments on the date selected by you at the Commencement Date (in each case, “Direct Debit Date”).
(b) We may change the amount or frequency of the agreed direct debit drawings by notifying you in writing at least 14 calendar days prior to the Direct Debit Date.
(c) We reserve the right to cancel your direct debit arrangement at any time if any direct debit transaction is dishonoured by your nominated financial institution or is otherwise unsuccessful. You must pay your outstanding fee using another payment method that is approved by VCCI within five business days (failing which VCCI will suspend your Membership under Clause 3.13).
(d) Where there has been one or more unsuccessful attempts to take payment, you may be charged a dishonour fee by your financial institution and/or VCCI to cover reasonable administration and processing costs. In respect of any dishonour fee payable to VCCI, you acknowledge and agree that fee is a reasonable and genuine pre-estimate of Loss suffered or incurred by VCCI in connection that unsuccessful payment attempt.
5.3  Your rights
(a) Subject to the below, you may terminate your direct debit arrangement at any time by giving written notice to VCCI in accordance with these Terms and Conditions and to your nominated financial institution no less than seven business days prior to the next Direct Debit Date.
(b) The balance of all outstanding fees will be due and payable within seven days of terminating the direct debit arrangement.
(c) Where you consider that your account has been debited incorrectly you may take the matter up directly with us, or lodge a Direct Debit Claim through your nominated financial institution.
5.4  Your responsibilities
(a) You should check with your financial institution that direct debiting is available through the Bulk Electronic Clearing System (BEC), from the account you have given us. You should check that the account details which you have provided to us are correct by checking them against a recent account statement.
(b) It is your responsibility to ensure that the authorisation given to us to make direct debits is in accordance with the account signing instruction held by the financial institution where your nominated account is based. If the account requires joint or multiple signatures for withdrawals, all such signatories must sign this direct debit request. If you are uncertain on how to complete the Direct Debit Request, please check with your financial institution.
(c) If you are uncertain as to when a direct debit for your Membership will be processed by your financial institution or any other payment service provider, you should contact them directly.
(d) It is your responsibility to ensure that sufficient funds are available in the nominated account to meet a direct debit on each Direct Debit Date.
(e) You should check your account statement to verify that the amounts debited from your account are correct. If the designated amount is not debited from your account, it is your sole responsibility to contact us.
(f) It is your responsibility to advise us if the account nominated by you to be debited has changed, is transferred or closed.
(g) It is your responsibility to arrange with us a suitable alternate payment method if you cancel your direct debit arrangement.
5.5  Insufficient funds
(a) If there are insufficient cleared funds in your account to meet a direct debit payment, we will retry in 48 hours.
(b) If a direct debit payment is dishonoured by your financial institution and not paid within 30 calendar days of its due date, your Membership will be suspended under Clause 3.13 with effect from the 15th day of the month following the Direct Debit Date.
6  Dispute
6.1 Dispute investigation
(a) If you believe that there has been an error in debiting your account, you should notify VCCI directly on 03 8662 5323 and provide notice in writing to us as soon as possible, so that we can resolve your query quickly.
(b) If we conclude as a result of our investigation that your account has been incorrectly debited by VCCI, we will refund the incorrect amount either by cheque or by electronic funds transfer (at our discretion) directly to your account within 14 calendar days. Should our investigation conclude your account has been incorrectly debited by a financial institution we will request that it adjust your account (including interest and charges) and advise you in writing accordingly.
(c) If we conclude as a result of our investigation that your account has not been incorrectly debited we will respond to your query by providing written reasons for our finding.
(d) Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter. If we cannot resolve the matter you can still refer it to your financial institution.
6.2  Confidentiality, Disclosure and Privacy
(a) We will keep any sensitive information regarding your direct debit arrangement (including your account details) confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
(b) We will only disclose information that we have about you: (a) to the extent specifically required or authorised by law; or (b) for the purpose of these Terms and Conditions (including disclosing information in connection with any query or claim); or (c) with your express written consent.
(c) We will handle your personal information in accordance with the Privacy Act 1988 (Cth) and the VCCI Privacy Policy as amended from time to time and which is available on our website at www.victorianchamber.com.au.
6.3  Notices

If you wish to notify us in writing about anything relating to your direct debit arrangement, you should write to membership@victorianchamber.com.au.

Events

7  VCCI Events
(a) VCCI holds sought-after business and networking Events which are available to members and non-members. A calendar of upcoming Events is available via www.victorianchamber.com.au/events/.
(b) Registration for an Event may incur a fee as determined by VCCI from time to time and may require a member to pay an additional fee which is not otherwise included in Membership Fees.
(c) Fees for registrations cancelled less than 7 calendar days prior to the commencement of the Event are non-refundable.
(d) Registrations may be cancelled up to 7 calendar days prior to the Event with participants either transferring to another Event (subject to availability as notified by VCCI) or receiving a full refund.
(e) You may substitute another participant at any time prior to the Event’s commencement, should the nominated person be unable to attend. You must notify VCCI of this change via events@victorianchamber.com.au is required.
(f) VCCI reserves the right to cancel or postpone an Event to an alternative date. All registered participants affected by the cancellation will receive a full refund or be offered the opportunity to transfer to the next available Event (at the election of the attendee). These are the exclusive remedies available to an attendee for cancellation and VCCI will not otherwise be liable for any loss, damage or expense arising from the cancellation or postponing of the Event.
(g) By purchasing a ticket to an Event, you acknowledge that VCCI may film, record or photograph you and use these images for promotional, marketing and in any medium or context for any purpose without further consent from you, entitlement to remuneration now or in the future or any attribution to you. Please direct any concerns to VCCI’s Privacy Officer via datasecurity@victorianchamber.com.au.
(h) Unless otherwise specified in writing by VCCI, you must be aged 18 years or over to attend the Event. VCCI reserves the right to request current and valid photographic identification documents to verify a registered participants’ age.

Training & Courses

8  VCCI Training & Courses
8.1   Age restrictions for all Courses 
(a) Unless otherwise specified in writing by VCCI, you must be aged 18 years or over to attend any VCCI Course. VCCI reserves the right to request current and valid photographic identification documents to verify a registered participants’ age.
8.2  In-Person and Remote Learning
(a)

More than 14 calendar days prior to Course start date a participant may:

(i) Substitute attendee;
(ii) Transfer to a different Course (subject to availability as advised by VCCI); or
(iii) Apply for a refund of monies paid.
(b)

8-14 calendar days prior to Course start date a participant may:

(i) Substitute attendee; or
(ii) Transfer to a different Course (subject to availability as advised by VCCI).
(c) 7 calendar days or less prior to Course start date a participant may substitute attendee.
8.3  Government Funded Courses
(a)

More than 14 calendar days prior to Course start date a participant may:

(i) Apply to start the Course at the next scheduled date (subject to availability); or
(ii) Apply for a refund of monies paid.
(b)

Less than 14 calendar days prior to Course start date a participant may:

(i) Apply to start the Course at the next scheduled date (subject to availability).
(c) No refunds are available for Course withdrawal less than 14 calendar days prior to Course start date.
8.4  Self-paced Learning

No refunds, cancellations or transfers are available for self-paced learning modules once the purchase has been made and login details allocated.

8.5  RTO Payment Requirements
(a) Individual paying students with total Course fees > $1,500.00
Direct debit payments must be made as per the Payment Instalments Schedule for the relevant course, with the initial payment required following approval of this registration form in order to secure course enrolment. These requirements apply to all enrolments where the total fees payable by the student are >$1,500.00, inc. full qualification, RPL/Credit transfer, combination or individual unit enrolment.
(b) Individual paying students with total Course fees < $1,500.00
Payment must be received in full following the approval of this registration form to secure a place on the course (no instalments).
(c) Employer paid enrolments
Payment must be received in full following the approval of this registration form to secure a place in the course (no instalments), irrespective of the total course fee amount.
(d) In the event of the RTO closing down or ceasing operations, course tuition fees refund may be available, depending on the stage of the course the student is in at the time of closure and other specific circumstances.
8.6  General

VCCI reserves the right to cancel or postpone a Course to an alternative date. In this instance, all registered participants will be offered the opportunity to transfer to the next available Course (as notified by VCCI) or elect to receive a full refund for monies paid.

8.7 Membership Entitlements 

VCCI may offer Training Entitlements on selected Courses to eligible VCCI members. Eligible VCCI members will only be able to redeem Training Entitlements through our website. Any purchase of a Course through a third-party website or partner website will not be entitled to redeem Training Entitlements. 

8.8 Cessation of Third-Party Training Courses
(a) From time to time, VCCI may offer Courses through Third-Party Training Providers. Participants are subject to the terms of those Third-Party Training Providers in addition to these Terms and Conditions.
(b) In the event a Third-Party Training Provider removes, discontinues, cancels, or otherwise ceases to offer Third-Party Training, all participants who purchased that Third-Party Training from VCCI will receive a refund from VCCI at a pro-rated amount for the period for which they paid but were unable to use the Third-Party Training.
(c) Once the Third-Party Training is no longer available to VCCI from the Third-Party Training Provider, participants will not be able to access the Third-Party Training.
(d) Save for the pro-rated refund described in clause 8.8(b) above, VCCI will not be liable for any loss, damage or expense arising from the removal, discontinuation or cancellation of Third-Party Training.
9  Marketing and Communications

Any information provided through purchase or use of your Membership, purchase and/or attendance at an Event or Training are subject to VCCI’s Privacy Policy, which is available at www.victorianchamber.com.au/legal/privacy-policy.

10  General
10.1  Intellectual Property
(a) Except where expressly stated herein, nothing in these Terms and Conditions transfers any Intellectual Property Rights of a party to any other party.
(b) The member grants to VCCI a non-exclusive, revocable and royalty free licence to use, publish, reproduce and communicate to the public any Member Trademarks for the sole purposes of VCCI using that Member Trademark in its member directory and other mediums relevant to the events and the opportunities of VCCI. It is the responsibility of the member to keep VCCI informed as to the current status of its Member Trademarks and notify VCCI if a Member Trademark ceases to exist.
(c) A member shall not distribute or otherwise use any advertisement, signage or press release or any other marketing material produced in relation to its products or services referring to VCCI or including any Intellectual Property Rights of VCCI without VCCI's prior written consent (which is not to be unreasonably withheld).
(d) The member shall not, during or after the Term, make any improper use of the Intellectual Property Rights of VCCI and must comply with all directions of VCCI in relation to the Intellectual Property Rights of VCCI.
10.2  Privacy

VCCI will handle any Personal Information collected through your Membership package, attending an Event and/or Course in accordance with its Privacy Policy, available at www.victorianchamber.com.au/legal/privacy-policy.

10.3  Variations and Changes
(a) Subject to Clause 10.3(b), these Terms and Conditions may only be altered in writing signed by the member and VCCI.
(b) The Directors may determine the qualifications, rights, privileges of and benefits (including, for the avoidance of doubt, any Benefits) available to persons in a particular class of Membership from time to time in their absolute discretion. You acknowledge and agree that VCCI may publish varied or additional terms and conditions relating to your Membership on its website from time to time and agree to be bound by them.
(c) VCCI agrees to honour a Membership purchased, as set out on your invoice (or Renewal Notice), until the Expiration Date of such Membership.
10.4  Questions or Complaints

If you have any questions or complaints, please call VCCI’s general enquiries line on 03 8662 5333 between 9am to 5pm Monday – Friday (excluding public holidays) or contact us by email, customerservice@victorianchamber.com.au.

10.5  Disclaimers
(a) Subject to Clause 3.13(g) and your Consumer Rights, VCCI is not liable for any Loss caused to a member in connection with the non-provision of Services to the member as a result of the suspension or cancellation of such Services to the member or as a result of VCCI changing the services it provides or no longer offering services in the exercise of its discretion.
(b) Subject to your Consumer Rights, the maximum aggregate liability of VCCI (including for legal costs and expenses incurred in defending any Claim from a third party) for, and as a result of, all Losses arising out of the use of the Services including but not limited to the Advice Line, is limited to the sum of three times the Membership Fee.
(c)

To the extent that you acquire Services under these Terms and Conditions as a ‘Consumer’ under section 3 of the Australian Consumer Law and the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, VCCI’s liability for a failure to comply with a ‘Consumer Guarantee’ in relation to those Services as defined under the Australian Consumer Law is limited to VCCI (at its election, when it is fair and reasonable to do so):

(i) resupplying the Services; or
(ii) paying the cost of having the Services supplied again.
10.6  Law and legislation

To the extent permitted by law:

(a) these Terms and Conditions prevails to the extent of inconsistency with any law; and
(b) any present or future law operating to reduce VCCI's rights or a member's obligations under these Terms and Conditions is excluded.
10.7  Governing Law

These Terms and Conditions are governed by the laws of Victoria and the member submits to the non-exclusive jurisdiction of the courts of Victoria.

11  Defined terms & interpretation
11.1  Definitions

A capitalised term or expression in these Terms and Definitions:

(a) which is defined in Clause 11.2 has the meaning given to that term or expression in Clause 11.2; or
(b) which is defined in the Rules but not in Clause 11.2, has the meaning given to that term or expression in the Rules.
11.2  Defined terms

In these Terms and Conditions:

Advice Line has the meaning given to that term in Clause 3.8(a).

Australian Consumer Law means the Australian consumer law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).

Authorised Contact has the meaning given to that term in Clause 3.6(b).

Benefits has the meaning given to that term in Clause 3.7(a).

Claim means any allegation, debt, cause of action, liability (whether actual, contingent or prospective), claim, demand, proceeding, suit, investigation or audit of any nature and whether present or future, fixed or unascertained, actual or contingent, arising at law, in equity, under statute or otherwise.

Commencement Date has the meaning given to that term in Clause 3.2.

Consumer Rights has the meaning given to that term in Clause 3.4(e).

Course means a training course offered by VCCI.

Direct Debit Date has the meaning given to that term in Clause 5.2(a).

Event means an event delivered by VCCI (including, for the avoidance of doubt, the MCC).

Expiration Date has the meaning given to that term in Clause 3.2.

Intellectual Property Rights means all and any patents, patent applications, trade marks, service marks, trade names, business names, designs, design rights, any right to have information kept confidential, copyrights, know how, logos, trade secrets, domain names, internet addresses, whether registered or unregistered, and including all applications and rights to apply for any of the same now or in the future

Loss includes any loss, loss or damage to property, injury, death, damages, cost, Claim, liability or expense.

MCC means the premium class of Membership, as at the date of these Terms and Conditions known as the “Melbourne Chamber of Commerce”, as determined by the Directors in accordance with the Rules from time to time.

MCC Member means a member of the MCC (provided that member is a Financial Member).

Membership means a class of membership with VCCI as determined by the Directors in accordance with the Rules from time to time.

Membership Fee means the amount payable to VCCI for providing the Services (including, for the avoidance of doubt, the Annual Subscription Fee) as determined by the Directors in accordance with the Rules from time to time.

Member Trademarks means the trademarks, service marks, logos and signs whether registered or unregistered that are owned by a member.

Primary Contact has the meaning given to that term in Clause 3.6(a).

Renewal Date has the meaning given to that term in Clause 3.9(a).

Renewal Notice means an invoice issued by VCCI for renewal and payment of a Membership.

Services has the meaning given to that term in Clause 3.3(a).

Third-Party Training means training offered by a Third-Party Provider and licensed through VCCI.

Third-Party Training Provider means a service provider, separate to VCCI, responsible for the creation, delivery and maintenance of Third-Party Training. 

Training Entitlements include but are not limited to, membership credits or membership discounts on selected Courses. Any credits, discounts or selected training courses will be determined at our discretion. 

VCCI has the meaning given to that term in Clause 1(b).

VCCI Community means the free subscription platform of VCCI as described in Clause 3.11.

11.3  Interpretation

In these Terms and Conditions, except where the context otherwise requires:

(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these Terms and Conditions, and a reference to these Terms and Conditions includes any schedule or annexure;
(d) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(e) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(f) a reference to a person includes a natural person, partnership, body corporate, trust, association, governmental or local authority or agency or other entity;
(g) a reference to A$, $A, dollar or $ is to Australian currency; and
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions.

 

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