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Membership Agreement

Membership Terms & Conditions
Code of Conduct

Welcome to the Australian Fashion Council, which is operated by the Australian Fashion Council Ltd (ACN 167 225 774) of Suite 1009, Level 10, 14 Mason Street, Dandenong, VIC 3175 (AFC, we, us or our). This is a legally binding agreement between the AFC and any person or entity who purchases a Membership from the AFC (you, your) setting out the terms upon which the AFC will make available such Membership to you.
 
1. Agreement

1.1 When you purchase a Membership and click the “I agree” (or similar) box at the point of purchase, you agree to these terms and conditions and a legally binding agreement is formed between you and the AFC for the Term, consisting of these terms and conditions along with any other documentation that accompanies your purchase (for example, a confirmation of your purchase and your Membership Benefits) (agreement).

1.2 Your Membership will commence on your date of purchase and continue annually on an auto-renewing basis, unless or until terminated in accordance with clause 8 (the Term).
 
2. Membership

2.1 Provided you comply with these terms and conditions, we will make your applicable Membership Benefits available to you in accordance with these terms and conditions.

2.2 As part of your Membership Benefits, you’ll also get access to our website (https://ausfashioncouncil.com/), platform and social media groups created by us (together the Site). The Site may allow members to:
(a) upload Member Materials;
(b) browse, search, download and utilise high quality AFC Materials;
(c) access the applicable Membership Benefits and other resources; and
(d) connect with other members of the AFC community.

2.3 You must use the Membership Benefits only for authorised and lawful purposes, in accordance with any reasonable directions we might issue, and in a way which does not infringe the rights of anyone or restrict or inhibit another member’s access to its Membership Benefits.

2.4 As an AFC Member, you must:
(a) not engage in any conduct which may be detrimental to us or our goodwill, reputation or business and/or the goodwill, reputation or business of other AFC members or representatives, or the Australian apparel sector generally; and
(b) comply with our Policies.
 
3. Account

3.1 In order to access the Membership Benefits, including to download AFC Materials you may be required to set up an account.

3.2 You agree and acknowledge that all information you provide us will be true, accurate, current and complete and, if relevant, you are authorised to create an account for anyone other than yourself. We may request evidence of your authority to set up the account.

3.3 We reserve the right to approve your Membership and account set up, and/or request additional information from you prior to approving your Membership (including regarding your annual revenue) and set up.

3.4 We reserve the right to disable, suspend or cancel your account if you fail to comply with your obligations under this agreement or if we suspect there is unauthorised use of your account (as determined by us acting reasonably).
 
4. Member Materials

4.1 Our Site may allow you to submit, post, interact with, and/or display certain materials. You are responsible for all your content that you submit, post or display on your account, including data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other materials (Member Materials).

4.2 You must not submit, post or display any Member Materials that:
(a) you do not have permission, right or license to use, upload, and permit use as contemplated by this agreement;
(b) are objectionable, offensive, unlawful, defamatory, deceptive or harmful; or
(c) are illegal, fraudulent, or manipulative.

4.3 We may remove Member Materials which are inappropriate or are in breach of this agreement without notice.
 
5. Fees

5.1 You may elect to pay your Membership Fee as an annual or as a monthly fee.

5.2 If you have selected annual fee, your Membership Fee is payable for the year in advance by PayPal. Your card linked to your PayPal account will be billed on the date you make your purchase then annually in advance on an ongoing basis unless or until terminated in accordance with clause 9.

5.3 If you have selected monthly fee, your Membership Fee is payable for the month in advance by PayPal. Your card linked to your PayPal account will be billed on the date you make your purchase and then monthly in advance on an ongoing basis unless or until terminated in accordance with clause 9.

5.4 If we are unable to debit your payment method (e.g. due to insufficient funds or outdated information), your Membership may be suspended pending correct payment details being provided and we reserve the right to:
(a) re-attempt payment; and/or
(b) invoice you for the amount of such failed payment and you must pay such invoice within 30 days.

5.5 We may (but we are not obliged to), from time to time, offer new or existing members a Membership but waive all of their Membership Fees. Such Membership Fee waivers are made available in our sole discretion and are subject to any eligibility requirements set by us, as well as funding and general availability.

5.6 Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under this agreement are inclusive of GST.
 
6. Site

6.1 You understand and agree that your use of the Site is provided “as is” and “as available”. We do not represent or warrant that the operation of the Site will be secure, confidential, uninterrupted, error-free, accurate, complete or current.

6.2 We update and carry out maintenance on the Site regularly, so we may have to suspend access, service or functionality on the Site from time to time, without notice. We will not be liable if, for any reason, the Site is not available at any time or for any period of time.
 
7. Third party products

We may use third party products and services (including platforms, software and hardware) in supplying you with access to the Membership Benefits, including the services of third party advisers (Third Party Products and Services). You acknowledge that:
(a) your use of, and access to, the Third Party Products and Services may be subject to additional fees and separate terms issued by the Third Party Supplier, which will form a separate agreement between you and the relevant Third Party Supplier;
(b) we make no representations or warranties in relation to, and do not accept liability for, any Third Party Products and Services; and
(c) we may suspend your use of, or access to, the Third Party Products on request from the Third Party Supplier of such Third Party Products and Services.
 
8. Termination

8.1 If you breach, or fail to abide by, these terms and conditions, we reserve the right (but are not obliged) to suspend or permanently cancel your Membership and this agreement and restrict any future Membership purchases by you.

8.2 We may also cancel and/or suspend your Membership and this agreement for any reason (and in the case of suspension, for any period of time), by giving you written notice (via your account or via email).

8.3 You may terminate this agreement and cancel Membership on 90 days’ notice by contacting us at info@ausfashioncouncil.com.

8.4 Where we terminate this agreement and cancel your Membership in accordance with clause 8.1, we reserve the right to effect such termination and cancellation immediately, and accordingly:
(a) you will immediately cease to receive any Membership Benefits;
(b) you must cease using AFC Materials; and
(c) we will not be obliged to refund to you any pre-paid Membership Fees.
 
9. Confidentiality

9.1 Each party must keep all Confidential Information confidential and use such information for the sole purpose of performing the obligations under this agreement.
 
10. Intellectual Property

10.1 We own, or are the licensee of, the rights in the AFC Materials.

10.2 You retain all the rights in and to the Member Materials. You grant to us a non-exclusive and royalty-free licence to use and reproduce the Member Materials for the purpose of performing our obligations under this agreement.

10.3 You consent to us:
(a) naming you as a member and reproducing your business name, logos and the Member Materials for marketing and publicity purposes; and
(b) using the Member Materials for internal training and our marketing and publicity purposes,
provided such material does not contain any commercially sensitive information or Confidential Information.
 
11. Feedback

11.1 We welcome and encourage you to notify us of your complaints, feedback, comments and suggestions for improvements to the Membership Benefits at info@ausfashioncouncil.com.

11.2 You acknowledge and agree that all feedback you give us will be our sole and exclusive property and you agree to assign to us all of your right, title, and interest in and to all feedback (including intellectual property rights) and waive any moral rights you may have in such feedback.
 
12. Data and Personal Information

12.1 You acknowledge and agree:
(a) we may collect aggregated information about your activities, including web requests Internet Protocol (IP) addresses, browser types, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages and pages viewed; and
(b) we may collect details of how you use the Membership Benefits, including search queries, the types of content you view or engage with or the frequency and duration of your activities.
 
13. Liability and indemnity

13.1 You indemnify us from and against all claims, liability, loss, damage, expenses and costs (including reasonable legal costs) arising from or in connection with any breach of this agreement by you and any claim that the Member Materials are unlawful or infringes the intellectual property rights of any person.

13.2 You acknowledge we have no control over the conduct or other users of the Site, and we do not warrant that the Site and/or the AFC Materials will be uninterrupted or error-free.

13.3 To the extent permitted by law:
(a) we are not liable for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with the following.
(i) The acts or omissions of any other AFC members or representatives;
(ii) Your reliance on, or use of, any AFC Materials (including any reliance and/or use after the expiry or termination of the Term);
(iii) Any content that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content.
(iv) Third party sites or resources. The Membership Benefits may contain links to third party sites and resources and we have no control over those sites; and
(b) we exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the Membership Benefits or in connection with any act or omission by us (negligent or otherwise); and
(c) our aggregate liability in connection with this agreement, whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed an amount equal to the Membership Fees paid by you to us (if applicable) in the 6 months preceding the claim.
 
14. Variation

14.1 We reserve the right to amend these terms and conditions from time to time by either giving you notice via email or your account, and/or publishing the amended terms on the Site.

14.2 Your continued use of your Membership, including continued payment of Membership Fees, after the date of notice or publication will constitute acceptance of the amended terms and conditions.
 
15. General terms

15.1 Nothing in this agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture. Except as otherwise provided in this agreement, the parties acknowledge and agree that neither party will have any authority to bind the other party or to enter into an agreement in the name of the other party.

15.2 We may subcontract the performance of any part of our obligations and/or services under this agreement, including the provision of any Membership Benefits, to any third party.

15.3 A notice, consent or other communication under this agreement is only effective if it is in writing, signed by or on behalf of the party giving it and it is received in full and legible form at the addressee’s address or email address. We will send notices to you to the email address associated with your Membership and it is your sole responsibility to update us of any change to your contact details. You must send any notices or other communication under this agreement to info@ausfashioncouncil.com.

15.4 This agreement is governed by and construed under the laws of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.
 
16. Definitions

AFC Materials means the Site including text, photos, graphic designs, AFC trade marks/logos, membership stamp and images, any and all training materials, documentation, assets, and materials of ours whether tangible or intangible and whether in existence at the commencement of the Term and/or created or developed thereafter.

Confidential Information means confidential, proprietary and commercially-sensitive information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) including information which:
(a) identifies or belongs to other AFC members and representatives;
(b) is identified as confidential or ought to have been known to be confidential; and
(c) relates to our, or an AFC members’ or representatives’, business affairs and practices, including financial information, business opportunities, business plans, business processes and methodologies,
but does not include information which is in, or comes into, the public domain other than by a breach of this agreement, or which is independently known to the other party as evidenced by its written record.

Member Materials has the meaning given to that term in clause 4.1.

Membership Benefits means the type(s) and amount(s) of benefits to be delivered under your applicable Membership, as set out on the Site and as varied from time to time.

Membership means the membership offering made available by the AFC, [as further detailed on the Site], where you can select a membership that will determine the Membership Benefits made available to you.

Membership Fee means the price for your annual Membership set out at www.ausfashioncouncil.com/join-us/ as amended from time to time.

Policy means all AFC policies we notify you of, as updated by us from time to time, including the Code of Conduct made available on the next tab.

Site has the meaning defined in clause 2.

Term has the meaning given to that term in clause 1.1.

Third Party Products and Services has the meaning given to that term in clause 8.

Third Party Supplier means a supplier who supplies Third Party Products and/or Services (other than us), including third party advisers.

The Australian Fashion Council (AFC) Code of Conduct (Code) defines responsible, ethical and sustainable business standards that members are expected to follow in business and other activities. These standards are based on international guidelines including the Ten Principles of the UN Global Compact, International Labour Organisation’s Core Conventions, the Ethical Trading Initiative Base Code and the United Nations Guiding Principles on Business and Human Rights.

AFC members, both individual and organisational, are responsible for encouraging responsible, ethical and sustainable standards throughout their supply chain, including engaging with suppliers regarding compliance with this Code.

The Code provides a set of guiding standards for AFC members to incorporate when interacting with industry, government, employees, suppliers, consumers, community, and the environment.

The Code is not all-encompassing. There are areas in which members will develop detailed policies in accordance with their specific business requirements.
 
GUIDING STANDARDS

1. Human Rights

● Do not tolerate or exhibit any form of discrimination or inappropriate conduct towards others including, but not limited, to that based on gender, race, age, disability, sexual orientation or gender identity or expression, body shape or size, national or ethnic origin, religious affiliation or background, language, and/or marital or partnership status.
● Do not tolerate or exhibit any form of bullying, sexual harassment or any form of physical or verbal abuse or any other form of intimidation.
● Enforce a zero-tolerance policy towards social media bullying, harassment, hate speech, violence or body shaming of any kind.
 
2. Responsible Practice

● Contribute proactively to Australia’s fashion and textile industry’s future by demonstrating and planning for sustainable and safe practices in the use of energy, water and chemicals and the ethical treatment of animals.
● Consider environmental impact when sourcing, manufacturing, delivering and disposing of garments.
● Use resources in a way that minimises waste; and where waste is unavoidable, minimise landfill by recycling and/or reuse where possible.
● Encourage the development and incorporation of environmentally friendly technologies.
● Support circular design and product development practices to prevent waste.
● Take steps to improve responsible practice policy and performance continually.
● Conduct regular audits, evaluations, and self-assessments of the implementation of this policy.
● Work with suppliers who promote sound environmental and social practices.
 
3. Labour & Wages
● Do not tolerate or engage in any form of forced, prison or compulsory labour. This includes any compulsory overtime or retention of passports or any other legal documents.
● Do not tolerate or engage in any form of Child labour. Ensure no person is employed at an age younger than 16 or the age as determined by local legalisation (including local labour laws), whichever is higher.
● Ensure all migrant workers receive the same rights and treatment as local workers.
● Ensure employees are working agreed business hours and not more than 48 hours per week. Total working hours, including paid overtime should not exceed 60 hours per week.
● Do not tolerate or engage in the practice of deducting wages as a disciplinary measure. Any deductions of wages that are not provided for by law are not permitted without the written consent of the worker concerned.
 
4. Health & Wellbeing
● Provide a safe and hygienic working environment and ensure there is adequate protection from hazardous equipment and substances.
● Provide information and support for employees encouraging positive mental and physical health practices.
● Provide mechanisms allowing employees to request support for themselves or their colleagues.
● Promote healthy body image practices including but not limited to the hiring of a diverse range of healthy body type models for fashion shoots and other events
● Restrict the consumption of alcohol and prohibit the consumption of drugs in the workplace.
● Restrict employees from engaging in work activities while on annual leave or during public holidays.
 
5. Business Conduct
● Ensure compliance with national and international regulations related to anti-corruption, bribery and other unlawful business practices.
● Adhere to ethical business practice and abide by local and international laws when conducting business transactions in Australia and overseas.
 
6. Grievance & Reporting
● Provide access to a grievance system that allows employees the opportunity to anonymously present matters of concern related to their employment and workplace.
● Provide effective, respectful, and transparent systems for employees, whereby any internal disputes can be addressed and resolved collaboratively.

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