Terms of Membership

This page, (together with our website policies as published) tells you information about the legal terms and conditions (Terms) on which we agree to register you as a Member of our network (Member) and details of the services we will provide to you (Membership).

References in this document to weus and our are to Lead EA Network, references to you or your are to the Member (whether an individual or corporate entity).

1. Definitions

The following shall apply to these terms:

  1. Resources: including but not limited to the provision of eLearning, bulletin boards, forums, downloadable material and which may be added to from time to time.
  2. Services: the provision of the Member Benefits as set out more particularly at clause 2 below.

2. Membership Benefits

    1. Members will be able to contribute to our online forums (provided they are administrative professionals) and download learning materials published on our website, subject to our policies as published from time to time.
    2. Members will be able to reserve places and attend events and training sessions organised and promoted by us in order to network.
    3. Members will be provided with a log in and password in order to access our Resources, these must be kept private and must not be distributed to any third parties; where the Member is a corporate entity, users are restricted to one company and log in details must not be distributed amongst group companies.
    4. Members will have access to our Partners and have the opportunity to search for the hand selected providers of a wide range of goods and/or services.

3. Intellectual Property

IPR: intellectual property rights including patents, utility models, rights to Inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

  1. We retain the ownership of all IPR on our website and the content, whether online or downloaded for your internal business use and we grant to you a revocable, non-exclusive licence in relation to the content that is available for download subject to your compliance with our Terms.
  2. You may not copy, distribute or otherwise deal with our IPR without our express written consent.
  3. For the avoidance of doubt, our Resources must be used in accordance with these Terms and the Licence granted in this clause 3: you may download, alter and use our Resources for your own business use but this does not include distributing our Resources for commercial benefit.

4. Fees and Renewal

    1. Membership fees are paid on a rolling basis as per the terms of the chosen Membership and will appear as a “Lead EA Network” transaction on your statements.
    2. At the end of each billing cycle, your Membership will automatically roll onto the next billing period term of your Membership unless you give notice in accordance with clause 6.3.
    3. Fees are subject to annual reviews and you will be notified of a change at least 30 days before it is implemented.
    4. You will pay sums due to us without set off or deduction.

5. Member obligations

You shall:

  1. Warrant that if you are acting in the course of business and are entering into this contract on behalf of a company, that you have authority to do so and the company shall be bound;
  2. Warrant that if you are acting in the course of business as a sole trader, you acknowledge that you will be personally liable for this agreement as a business and not as a consumer;
  3. Co-operate with us in all matters relating to the provision of the Services;
  4. Ensure that your contact and billing information is accurate and up to date;
  5. Ensure that during the course of your membership, your conduct towards other Members, Partners or our affiliates will not:
    1. Be defamatory of any person.
    2. Be obscene, offensive, hateful or inflammatory.
    3. Promote sexually explicit material.
    4. Promote violence.
    5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    6. Be likely to deceive any person.
    7. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    8. Promote any illegal activity.
    9. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
    10. Be likely to harass, upset, embarrass, alarm or annoy any other person.
    11. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    12. Give the impression that they emanate from us, if this is not the case.
    13. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. If the performance of any of our obligations under the Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Member Default):

    1. We shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Member Default, and to rely on the Member Default to relieve us from the performance of any of our obligations to the extent the Member Default prevents or delays our performance of our obligations;
    2. we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 5.2; and
    3. you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Member Default.

6. Termination

    1. You may terminate your Membership within the first 14 days and receive a refund less any set up, administrative costs, joining fees or the costs of any downloaded materials after which the Membership shall continue as per the terms of your Subscription. This is typically rolling on a monthly or annual basis.
    2. Unless you are within the refund window, your membership will continue rolling as per the terms of your Subscription. You can find the Expires on date on Your Account page under Subscriptions, to see when your Subscription will roll to the next billing cycle.
    3. If you terminate your membership, your membership will end automatically at the end of its current term. You can find the Expires on date on Your Account page under Subscriptions. If you cancel this will be the date that your membership will end.
    4. We may terminate your Membership immediately should it become apparent that you have not performed your obligations in accordance with clause 5.1.
    5. Your Membership will automatically and immediately end if you become bankrupt (or something similar happens) or you or your business cannot pay its debts or stops trading. In those circumstances, we will not give you a refund.
    6. If your card details expire, your account is in deficit of funds or your bank denies payment for any reason we will attempt to take funds again a few days later. If after a few tries it proves that we cannot take funds your Membership will be terminated.
      1. If we discover that you have done something which is not allowed by this agreement, or have not done something that must be done, we will give you notice that the matter must be put right within 30 days. If the matter is put right in that time, no further action will be taken. If it is not put right in that time, we can then end this agreement by giving you written notice that this agreement will immediately end.
      2. If the Membership has been terminated because of your breach, the licence granted at clause 3 will terminate immediately upon termination of the Contract but if the Membership has expired on notice, you may continue to use the Resources that you have downloaded at that time in accordance with the Terms of its use.

7. Limit of Liability

    1. Our content is provided to you as a source of general information. Our digital content is not advice which is specific to you and we cannot be held responsible for any results, or lack of results, to you or your business.
    2. We are not liable for the acts or omissions of any supplier of goods and/or services that you source via our website. By engaging such a supplier you are entering into an independent contract with them.
    3. Subject to the normal restrictions on exclusions of liability under current legislation, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement or the use of our Resources for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    4. Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fees that you have paid in the 12 months leading up to any claim.
    5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

8. Confidentiality Undertakings

    1. Except to the extent required by law or any legal or regulatory authority of competent jurisdiction or except with the prior written consent of the other party:
      1. no party shall at any time disclose to any person (other than his professional advisers) any trade secret or other confidential information relating to the other party, or make any use of such information other than to the extent necessary for the purpose of exercising or performing his rights and obligations under this agreement; and
      2. no party shall make, or permit any person to make, any public announcement, communication or circular concerning this agreement or except with the prior written consent of the other party.
    2. The undertakings in clause 8.1 are given by each party to each other party and, in respect of undertakings relating to the trade secrets and confidential information of the Company, to the Company and apply to actions carried out by each Shareholder in any capacity and whether directly or indirectly, on the Shareholder’s own behalf, on behalf of any other person or jointly with any other person.

9. Data Protection

    1. You consent to our holding and processing data relating to you for payment, administrative, and management purposes in the provision of the Services.
    2. You consent to our making such information available to companies within our group, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of our business.

10. Other important terms

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Australian law and you can bring legal proceedings in respect of the products in the Australian courts.