Terms & Conditions

Please read these website Terms of Use carefully before using this website. The website terms of use (“Terms of Use”) govern your access to and use of the website. The website is available for your use only on the condition that you agree to all the terms of use. If you do not agree to these terms of use, do not access or use the website. By accessing this website, you signify your agreement to be bound by the terms of use.

The MIAL website is owned and operated by Maritime Industry Australia Ltd ABN 73 006 627 934 (MIAL).

The Terms of Use of the MIAL website includes these Terms and Conditions, the Privacy Policy, and any other terms and conditions that appear in or are linked to the MIAL website (Additional Terms and Conditions).

These Terms of Use govern access to and use of the MIAL website. Your access to and use of the MIAL website constitutes your acknowledgement and acceptance of these Terms of Use, MIAL’s Privacy Policy, MIAL’s Membership Terms and Conditions, MIAL’s Member Portal Terms of Use, and MIAL’s Booking Terms and Conditions.

The Additional Terms and Conditions that appear on the MIAL website will govern your use of, and access to, certain sections of the MIAL website where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever relevant to you when using the MIAL website.

Scope of Terms of Use

These Terms of Use govern your use of the website and all applications, software, and services available via the MIAL website, except to the extent that such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you via the website.

Changes to Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.

Severability

If at any time any of the provisions set forth in these Terms of Use are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from the MIAL Terms of Use. All other provisions will not be affected by the removal and the rest of these Terms of Use will still be considered valid.

Website content and access

While MIAL endeavours to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy, or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, MIAL disclaims all liability for any and all loss directly or indirectly arising from your use of or reliance on the website and the website content.

MIAL utilises a third party host for this website and does not warrant that the software used is free from malware, viruses or any other thing that may cause harm to any device that accesses the MIAL website or any data on such a device.

As detailed in MIAL’s Member Portal Terms of Use, MIAL reserves the right to moderate any user-generated website content as it considers appropriate.

Website not available

MIAL does not accept responsibility if the website is not available to you due to any computer downtime, malfunction, or such other event outside the control of MIAL.

Termination

We may terminate or suspend access to the MIAL website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use.

All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Amendments to the MIAL website

MIAL reserves the right to revise or remove information from the MIAL website at any time and without notice. By using our website, you accept the Terms of Use as they apply from time to time.

Governing laws

The laws of Victoria, Australia, govern these Terms of Use. If you access the website from outside Australia, you are responsible for ensuring compliance with all applicable laws in your location.

Anti-spam notice

Publication of electronic addresses on the website is for professional communication only. The MIAL website must not be used to infer consent by MIAL to the receipt of unsolicited commercial electronic messages.

External links

The MIAL website may contain links maintained by other organisations over which MIAL has no control. MIAL does not sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products, and services at your own risk.

Limitation of liability

MIAL expressly makes no warranties or representations about the website or any of the content. MIAL accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the website or any of the content.

MIAL does not guarantee that the website will not cause damage or is free from viruses or other defects or errors.

Under no circumstances will MIAL be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising from the content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

MIAL excludes, to the maximum extent permitted by law, any liability that may arise due to the use of the website or the content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, for breach of warranty or guarantees MIAL will, at its option, supply the services again, or pay for the cost of having the service supplied again.

To the maximum extent permitted by law, MIAL excludes all liability for any loss or damage of any kind (including special, indirect, or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the MIAL website except to the extent that the loss or damage is directly caused by MIAL fraud or wilful misconduct under Australian consumer law.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms of Use which may not lawfully be excluded, then provided it is fair and reasonable to do so, MIAL’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:

  1. In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the fee of having the goods repaired; and
  2. In the case of services, either resupplying the services or paying the cost of having the services supplied again.

Website submissions

Any material you send to us on or via the MIAL website (for example, through our member forum) will be deemed to be non-confidential and non-proprietary unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas, or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Indemnification

You agree to indemnify, defend, and hold harmless MIAL, its officers and employees, from any loss, liability, claim, demand, or expenses asserted by any third party due to or arising from or in connection with your use of the content or your conduct on the website, or messages posted or transmitted by you on or through the website including through any member forum.

Intellectual property

All intellectual property rights, including but not limited to rights pertaining to copyright, trademarks, logos, and designs related to the MIAL website, HTML text and code underlying the website, and information on the website are vested in MIAL unless otherwise stated. All rights reserved.

Other than for, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, or as otherwise provided for in this copyright notice, no part of the content may in any form or by any means (including electronic, mechanical, micro-copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or copied on any other internet website, without the prior written permission of the copyright owner.

Copyright in other material

MIAL makes no warranty or representation that third party material on the website does not infringe the intellectual property rights of any person anywhere in the world. MIAL does not, nor is it taken to be, authorising the infringement of any intellectual property rights contained in material on other sites by linking the website to such material on other sites.

Logos and trademarks

No permission is given for reproduction or publication by any person of MIAL’s logo and domain name, except in those circumstances where there is approved linking.

MIAL’s logo and trademarks must not be used except as permitted by the Copyright Act 1968 (Cth) or by written agreement from MIAL.

The website may contain trademarks and logos of other companies or organisations, and these are proprietary to the registered owner(s) of such marks.

Links to the MIAL website

If you wish to establish a link to the MIAL website, you must first seek approval from MIAL.

The following information will be required to assess your request:

  1. the URL of the website that you seek to establish a link from.
  2. a brief description of your website.
  3. the reason that you wish to establish a link.

If MIAL agrees to your proposed link, you must comply with any terms and conditions imposed by MIAL as a condition of such agreement. If the nature or content of your website changes in any significant way, you must contact MIAL and provide a new description of your website.

Links to other websites

The MIAL website may contain links to third party websites or services that MIAL does not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our website. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

Prohibited use

The following uses and actions are prohibited unless prior written consent has been obtained from MIAL:

  • Accumulate, compile, disseminate, extract, process or reproduce in any form any web pages or content contained on any web page on the MIAL website.
  • Use or reproduce any MIAL trademark, logo, or design on the MIAL website.
  • Use contact information specified in the MIAL website about a person, body corporation or other legal entity to send unsolicited communications in any form to that person, body, corporation, or other legal entity.
  • Use the MIAL website in any manner that hinders or prevents access to or use of the MIAL website by MIAL or other users.
  • Use any device, process, routine, or software that either systemically or non-systematically interferes or attempts to interfere with the functioning of the MIAL website, or any transaction or process conducted on or through the MIAL website.
  • Incorporate into or store information from the MIAL website in any other website, database, publication, or other work in any form.
  • Use the MIAL website other than as expressly permitted by these Terms of Use; or
  • Use the MIAL website for any unlawful purpose or activity.

Cookies

The MIAL website contains “cookies”, which are small text files that contain information stored on the user’s computer when visiting the MIAL website.

The cookies are used for a variety of purposes, including but not limited to:

  • Counting the number of visitors and analysing traffic.
  • Accessing and logging into functions for subscriptions.

These may be “persistent” cookies that are permanent and stored on the user’s computer after the web browser is closed, or “session” cookies, which disappear when the user closes the web browser.

The user can change the settings in the web browser to disable the storage of persistent cookies. Just follow the directions provided in the internet browser’s technical information.

Security

When you pay your membership fees or register for programs, events or activities, our secure server uses SSL (Secure Sockets Layer) to connect to our website. SSL is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. SSL is an industry-standard used by millions of websites to protect their online transactions with their customers. We strive to use commercially acceptable means to protect your information, but we cannot guarantee its absolute security.

InstantSSL certification

MIAL has an instantSSL certificate, and this identifies MIAL as a secure environment in which you can transact. To view details of our security certificate, please click on the padlock in your browser footer.

MIAL’s payment gateway is eWAY, which uses 128 bit DES Encryption right through to the bank’s EFTPOS networks, where credit card transactions are automatically processed. You can obtain further technical information about our payment gateway by visiting our supplier’s site https://www.eway.com.au/legal.

Invalid Terms of Use

If any part of the terms contained in these Terms of Use is determined by a court to be invalid, unlawful, or unenforceable, then such terms shall be severed from the remaining terms.

Creating an account

Whether you are a member of MIAL or a non-member, you need to create an account to purchase products and services from the website, enrol in courses etc. MIAL may also restrict access to some areas of the website to members only.

Password requirement

MIAL members may obtain a password by logging into the website and registering for a password. In certain circumstances, non-members may be able to receive a password. MIAL may refuse to issue a password, in its sole discretion, until it is satisfied with the user’s identity and the user’s ability to perform its obligations under these Terms of Use.

Website interference

You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with this website or any material or content displayed on the MIAL website.

Legal jurisdiction

These Terms of Use are governed by and construed under the State of Victoria, Australia. If a dispute arises from these Website Terms and Conditions, each of MIAL and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Contact

Any queries or concerns about this privacy policy may be directed to the following contact:

Communications Manager, MIAL
473 St Kilda Road
Melbourne, Victoria, 3004

admin@mial.com.au

 

[This page was last updated on 10/03/2022]

These terms and conditions (the Terms) govern the purchase of Products from the Maritime Industry Australia Ltd (MIAL) website (the website). The terms are deemed to incorporate MIAL’s General Website Terms of Use (Terms of Use) and Privacy Policy. In the event of any inconsistency between the Terms and the Terms of Use, these Terms shall prevail to the extent of the inconsistency.

The Terms do not cover bookings for courses, events or activities, which are covered by MIAL’s Booking Terms and Conditions.

Orders

You may order Products by selecting and submitting your order through the website.

Any order placed through the website for a Product is an offer by you to purchase the particular Product for the Price (defined below) notified (including all applicable delivery and other charges and taxes) at the time you place the order. While MIAL may take certain preliminary procedural steps, including processing your order, issuing an order number and/or charging your payment method, MIAL does not actually accept your offer until MIAL has confirmed availability and delivered your Product.

Each order placed for Products through the website that MIAL accepts will result in a separate binding agreement between you and MIAL for the supply of those Products.

You acknowledge that:

  • MIAL will have no liability to you for any delays or losses resulting from you providing MIAL with inaccurate, incomplete or out of date information. MIAL may charge your payment method for any costs incurred by MIAL in rectifying your order;
  • once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in these Terms, or otherwise agreed to by MIAL in writing;
  • the transmission of your order or the confirmation of any payment made through an electronic instruction may not be received by MIAL for reasons beyond either party’s reasonable control;
  • MIAL may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you;
  • MIAL may treat an electronic instruction as authentic and MIAL is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy or completeness of such electronic instructions.

MIAL reserves the right to accept, reject or cancel an order for any reason or no reason, including, without limitation, unavailability of Products, an error in the Price, image or Product description, or an error in your order.

If MIAL rejects or cancels an order placed through the website, MIAL will endeavour to notify you of that rejection or cancellation at the time you place the order or within a reasonable time after you submit your order. If your credit card is charged for the purchase and MIAL subsequently rejects and/or cancels the order, MIAL will notify you and credit your credit card account for the amount charged or contact you to arrange a suitable refund method should that credit card no longer be valid.

From time to time, you may be redirected to a third party website to complete your purchase, and you may be asked to accept third party terms and conditions as a condition to ordering the Product. In such instances, your acceptance of those third party terms and conditions is between you and the relevant third party.

 

Products

The Products on sale through the website are intended for personal use only, in normal and reasonable quantities. Unless indicated on a particular Product, you must not redistribute, share or otherwise provide others with access to the Products.

While MIAL will take reasonable steps to ensure the availability of the website and the accuracy of the information displayed there, the website and its contents are necessarily provided on an “as is” and “as available” basis. MIAL reserves the right to correct any errors published on the website and to suspend access to the website without notice.

Prices and payment methods

Prices
The prices of Products (including all applicable delivery and other charges and taxes) will be as quoted on the website from time to time and are subject to change without notice (Price).

All Prices are displayed in Australian dollars and include GST unless indicated otherwise (for example where the relevant Products do not attract GST) but are otherwise exclusive of all taxes.

Payment method
Payments is to be made online by credit card at the time of purchase. MIAL accepts Visa, Mastercard and American Express.

Delivery of Product

Electronic delivery
Due to the nature of the Products, MIAL will generally deliver access to the Products electronically, via a secure link to your email address supplied when you order the Products. Where Products are delivered electronically, MIAL will provide use and access instructions within the email or on the secure link.

MIAL uses all reasonable efforts to deliver Products within 4 working days of the purchase date. However, MIAL does not warrant that this timeframe will be met.

Physical delivery
Where you require physical delivery of a Product, MIAL offers delivery via Australia Post.

Where physical delivery is required:

  • MIAL provides no warranty as to delivery time; and
  • MIAL is not liable for any loss or damage resulting from late delivery or non-delivery (including, without limitation, where it arises due to you providing inaccurate, incomplete or out of date information) and late delivery does not entitle you to cancel your order.

Refunds and returns for Products

Subject to the Liability clause below, no refunds are provided for incorrect choices or change of mind.

Should you receive an incorrect Product or faulty link to a Product, please contact MIAL within 10 days of receipt and MIAL will arrange to either:

  • exchange the Product; or
  • re-issue a link to the correct Product.

MIAL may require you to provide an appropriate proof of purchase before offering to re-issue or exchange the Product. Any refund will be made using your original payment method or such other method at MIAL’s discretion.

Subject to the Liability clause below, recordings of webinars, workshops and other events are non-refundable once downloaded.

You must contact MIAL to claim a refund, exchange, credit or for further information in connection with the Products.

Liability

Limitation of liability
To the maximum extent permitted by law but subject always to the Terms:
  • the Products are provided to you without any representation or endorsement and without warranty or guarantee of any kind;
  • MIAL excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms;
  • MIAL does not guarantee, nor shall it be liable to you for any loss or claim (or those of a third party) in connection with:
    • the accuracy, completeness or timeliness of the content on the website;
    • continuous, uninterrupted or secure access to the website or that its servers are free from viruses (including malware or spyware), bugs or other destructive properties or that defects will be corrected; or
    • that the operation of the website will be uninterrupted or error free;
  • under no circumstances will MIAL be liable for any indirect, incidental or consequential loss or damage arising in relation to:
    • to any transaction entered into with you; or
    • any Products purchased by you through the website; and
  • MIAL’s liability will be limited to the cost of the Product purchased by you.

Application of consumer guarantees
The Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (Consumer Law) provides consumers with certain ‘consumer guarantees’. These guarantees apply where the goods and services MIAL supplies you are of a kind ordinarily acquired for personal use and are not for re-supply by you.

Where our liability with respect to any statutory rights under the Consumer Law cannot be excluded, but may be restricted or modified by agreement, our liability is limited to:

  • in the case of a supply of goods, our choice of replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or, paying the cost of having the goods repaired, and
  • in the case of a supply of services, our choice of supplying the services again; or, paying the cost of having the services supplied again.

Nothing in these Terms is intended to exclude, restrict or modify any rights that you may have under any applicable legislation, which may not be excluded, restricted or modified by agreement.

If any provision of these Terms is rendered or deemed to be illegal, void or unenforceable, then:

  • where the offending provision can be read down so as to give it a valid and enforceable operation, it must be read down to the minimum extent necessary; and
  • in any other case, the offending provision must be severed from these Terms and/or the third party terms (if relevant), in which case the remaining provisions will operate as if the severed provision had not been included.

Intellectual property

Copyright and trademarks
The website and its contents contain copyright materials and registered and unregistered trademarks owned by MIAL, or in the case of some materials, owned by third parties. This content is subject to intellectual property rights under the laws of Australia and, through international treaties, other countries.

You must not copy or print out a copy of parts of the website for a commercial or business purpose. Where you wish to copy or print out a copy of parts of this website, then you must:

  • not modify the copy from how it appears on the website; and
  • include an appropriate copyright notice on the copy.

You must not use any registered or unregistered trademarks contained on the website, except as expressly permitted by law or with the prior written consent of MIAL.

You must not reproduce, transmit (including broadcast and publishing online), adapt or otherwise exercise in the whole or any part the copyright or trademarks contained on the website for any other purpose, except as expressly permitted by law or with the prior written consent of MIAL.

Intellectual property
You acknowledge and agree that in connection with your use of Product, MIAL and/or a third party provider may provide you with access to certain industrial and intellectual property rights anywhere in the world, including patents, trademarks, design rights, trade or business names, copyright (including rights in computer software and databases), inventions, know-how, secret formulae and processes, customer lists, domain names, goodwill and moral rights, whether registered or unregistered and including all common law and statutory rights attaching thereto (Intellectual Property Rights) owned by, or licensed to, MIAL or a third party provider, including any updates, upgrades, enhancements, modifications, revisions or additions made to such Intellectual Property Rights (MIAL IP).

Subject to these Terms, MIAL hereby grants to you, and you accept, a limited, personal, non-exclusive, non-transferable and revocable licence to use the MIAL IP for your own personal use and only as authorised in these Terms. You must not use the MIAL IP for any commercial purpose or in any way not expressly permitted by these Terms. Your access to the MIAL IP is licensed, not sold and is subject to any additional conditions, limitations or restrictions MIAL or a third party provider may disclose to you from time to time. You must not, and not allow any person to, edit, copy, reverse engineer, decompile, create a derivative work of, de-code, interfere with, or in any way disassemble, copy, modify, reproduce, adapt, tamper with or re-sell MIAL IP.

Third party sites

The website may contain hyperlinks to and content from third party sites, which are provided solely for your convenience and do not indicate MIAL’s endorsement of the site(s) or the products or services provided by those third parties.

You acknowledge and agree that:

  • these Terms do not cover the sale of any products or services by third parties to you where such products are not purchased through the MIAL website;
  • MIAL is not responsible for the condition or the content of third-party sites as they are not under its control;
  • your access to third party-sites and use their products and services is solely at your own risk; and
  • in accessing third party-sites and using the products and services therein, you must adhere to any and all terms and conditions of use as specified by those sites.

General

Entire agreement
These Terms together with any additional Product terms set out on the MIAL website from time to time, constitute the entire agreement between you and MIAL with respect to your purchase and use of the Products, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Products.

Governing laws
The laws of Victoria, Australia, govern these Terms. If you access the website from outside Australia, you are responsible for ensuring compliance with all applicable laws in your location.

Use of information
Any information, ideas, concepts, know-how or techniques provided by/obtained from you, or your use of the website and the Products, shall be deemed to be non-confidential and MIAL shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Variation
MIAL may, from time to time, amend or update these Terms without notice to you. Your continuing and ongoing use of the website will indicate your agreement to the amended or updated Terms.

[This page was last updated on 10/03/2022]

All MIAL members are bound by our Constitution, a copy of which can be obtained by emailing admin@mial.com.au.

Membership categories

There are four categories to MIAL membership:

  1. Full member organisation
  2. Associate member
  3. Professional member
  4. Honorary member

Full member
A full member shall be any person which, either in its own right or through a wholly owned company or subsidiary:

  • has capital invested (including people) in activities/operations relating to maritime assets in the Australian maritime industry; or
  • that otherwise has or is involved in actual or potential activities, operations or interests in the Australian maritime industry.

Associate member
An associate member may be any person who, in the opinion of the MIAL Board, would benefit the objectives of the Association.

Professional member
A professional member may be either an entity that employs or engages or has as partners fewer than five (5) people, or an individual or sole trader.

Honorary member
An honorary member is an individual who has provided exemplary service to MIAL, its predecessor organisations or the industry more broadly. Honorary membership is bestowed entirely at the discretion of the MIAL Board.

Acceptance of membership

MIAL membership commences on acceptance of membership application in accordance with the MIAL constitution.

Transfer of membership

MIAL membership and its rights are personal to the member and are not transferable.

Membership guarantee

As a company limited by guarantee, MIAL full members provide a guarantee under the MIAL Constitution in the event of a winding up. The guarantee is limited to $100.

Membership fees

Membership fees are invoiced quarterly for full members and annually for associate and professional members. Specific arrangements are considered in special circumstances.

Membership fees are GST inclusive.

Payments

Terms of payment and invoicing
Payment is required within seven days from date of invoice.

Payment method
Payments can be made using the following methods:

EFT
MIAL’s bank details are provided with the invoice. A remittance advice with payment details should be sent to admin@mial.com.au.

Credit Card
Payment can be made by Visa, Mastercard and American Express by contacting MIAL on (03) 9647 6000.

Cancellation/refund policy

Membership commitment is for 12 months. Members are required to provide three months’ notice of resignation.

MIAL does not provide refunds on membership fees.

Privacy

By submitting a Membership Application Form, you acknowledge that you have read and understood the MIAL Privacy Policy and agree with and consent to the practices described in that Privacy Policy.

General

From time to time, we may update these Terms and Conditions. The updated Terms and Conditions will apply to all membership applications from the time of posting on our website onwards.

[This page was last updated on 10/03/2022]

Terms and Conditions under Australian Consumer Law

These Terms and Conditions do not affect any rights registrants may have under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended from time to time).

Event registrations

Acceptance
By registering for a MIAL course, event or activity, MIAL’s Booking Terms and Conditions are acknowledged and accepted.

Confirmation
MIAL will send an automated email confirming the registration to the email address provided with the booking. Please email admin@mial.com.au if you need to update the email address provided or other contact details. Once the confirmation email has been sent, the registration is valid for the purposes of cancellations, transfers and payments.

MIAL reserves the right to seek payment on invoices issued to email addresses incorrectly provided at registration and not corrected.

MIAL may send a reminder and/or final email to the email address provided with the booking prior to the course, event or activity. Occasionally, information will change after registration, it is therefore important that all the information contained in the final email is read.

MIAL may send an SMS reminder prior to the course, event or activity, where a mobile number has been provided with the registration.

Payments

GST liability
Fees and charges for all MIAL courses, events and activities are GST inclusive, unless otherwise indicated.

Terms of payment and invoicing
Payment is required at the time of booking to confirm registration. A tax invoice will be generated and sent to the email address provided at the time of the booking.

Payment Method
Payment is to be made online by credit card at the time of booking. MIAL accepts Visa, Mastercard and American Express online. If another method of payment is preferred, then please email admin@mial.com.au to discuss.

Cancellation, Transfer and Substitution Policy

Cancellations
MIAL requires notice of cancellation in writing, at least seven (7) clear business days prior to the course, event or activity date, before a full refund is to be given. MIAL reserves the right to deduct a reasonable administration cost from the refunded amount, such administration cost to not exceed $30.

Transfers for courses
Bookings and payments already made for specific courses can be transferred to a later date for the same course, provided notice is given at least seven (7) clear business days prior to the original course date.

Where notice of transfer is provided less than seven (7) clear business days prior to the course date, a late transfer fee will be charged at the rate of 25% of the course fee. The late transfer fee may be waived at the discretion of MIAL.

Transfers for events and activities
Bookings and payments already made for specific events or activities, cannot be transferred to alternative courses, events or activities. It is possible however to arrange a substitute registrant with MIAL.

Substitute registrants
If a registrant is unable to attend a course, event or activity, the registration can be transferred to another person, no later than one (1) clear business day prior to the course, event or activity. To do this, notify MIAL by email including details of the current person booked in, as well as the replacement attendee’s name, title, organisation/department, email address and mobile number.

MIAL will endeavour to accommodate special dietary requirements for late substitute registrants, but unfortunately this cannot be guaranteed.

Non-attendance
There is no refund for non-attendance at a course, event or activity on the day.

MIAL Cancellation – Postponement – Alternation

MIAL reserves the right to cancel or postpone a scheduled course, event or activity to an alternative date. Every attempt will be made to organise a suitable alternative date. If a suitable alternative date cannot be agreed, the fee will be refunded in full.

MIAL reserves the right, at any time, to alter a course, event, activity or presenter as it deems necessary and without providing notice.

Visits to third parties may be cancelled with no notice due to matters outside of MIAL’s control. In such circumstances MIAL will endeavour to make alternative arrangements, however, cannot guarantee such arrangements will be possible.

The delivery formats used by MIAL are stated on the MIAL website for each scheduled course, event or activity. These formats may include in-person, online, or hybrid delivery.

Where a course, event or activity is listed for in-person or hybrid delivery and COVID lockdown restrictions prevent it from being delivered in-person, MIAL reserves the right at any time to change to an online delivery format. This includes instances where density limits may apply.

Image Release Policy

Registrants/attendees of MIAL courses, events and activities agree to MIAL’s Image Release Policy:

“By entering these premises, you understand that you may be photographed, filmed or videotaped and you hereby give MIAL the unqualified right to take pictures and/or recordings of you and grant the perpetual right to use your likeness, image and photo (collectively “image”) without compensation, for broadcast or exhibition in any medium and to put the finished pictures/recordings to any legitimate use without limitation or reservation. You hereby waive, release and forever discharge MIAL from and against any and all claims or actions arising out of or resulting from any use of your image. MIAL shall not be obligated to use, and may elect not to use, your image.”

Contact MIAL via admin@mial.com.au to prevent any future use of images you are identified in.

Your rights and obligations at the course – event – activity

MIAL reserves the right, without any liability, to refuse admission, in its absolute discretion, including without limitation, for failure to comply with these Terms and Conditions, or if in the opinion of MIAL, the registrant/attendee represents a security risk, nuisance or annoyance to the running of the course, event or activity.

Registrants/attendees are required to comply with all reasonable instructions issued by MIAL or the operator of the venue for the course, event or activity including appropriate clothing and the use of PPE including face masks.

All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited in or at the venue.

Privacy policy

MIAL is bound by the Australian Privacy Principles pursuant to the Privacy Act 1988 (Cth) (as amended from time to time). All personal information collected and used in providing courses, events and activities, is undertaken and protected in accordance with MIAL’s Privacy Policy.

Limitations of liability

Limitations
Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time may impose guarantees, warranties, conditions and obligations on MIAL (Consumer Guarantees). If any of these Terms and Conditions are inconsistent with a Consumer Guarantee, the Consumer Guarantee will apply to the extent of such inconsistency. To the extent permitted by law, MIAL’s liability and sole remedy will be limited to a refund of the fee paid to MIAL.

Indemnity
MIAL, its Directors, employees, agents, contractors and sub-contractors shall be fully indemnified by the registrant/booker from any claim, cost, demand, liability or damage (including legal costs and professional costs and other expenses on a full indemnity basis) arising out of or in connection with the course, event or activity, including but not limited to;

  • Breach of these Terms and Conditions
  • Use of the venue or attendance at the course, event or activity
  • Any loss or damage to any goods located at the venue
  • Infringement of any Intellectual Property or other right of any third party (including the venue).

For all enquiries, please email admin@mial.com.au.

Governing laws
The laws of Victoria, Australia, govern these Terms. If you access the website from outside Australia, you are responsible for ensuring compliance with all applicable laws in your location.

 

[This page was last updated on 10/03/2022]

Introduction

The MIAL member portal allows a secure place for information, collaboration and networking. With password protected access, and individual service area access, members receive a customised membership experience. The portal also allows for more control by the individual to update their details, communication preferences and event registrations.

For further information regarding the MIAL member portal, please contact the MIAL membership team via email: admin@mial.com.au

Access

Employees of MIAL member organisations can use the MIAL member portal to:

  • update and manage their profile and preferences
  • access member-only resources and share knowledge
  • connect and collaborate through a member-only forum.

Use of the MIAL member portal is subject to the terms and conditions (“Terms of Use”) set out below. Users are required to familiarise themselves with these Terms of Use before using the MIAL member portal.

Privacy

Respect for privacy and the confidentiality of all members is essential. MIAL’s full Privacy Policy can be accessed here.

Portal

The MIAL member portal is an interactive discussion forum that:

  • improves customer support by allowing members to post like issues and draw on group expertise
  • allows more frequent informal communication
  • enables MIAL to update members on key issues as they play out in meetings or media
  • encourages constructive discussion
  • helps to identify problems faster, and with member engagement can even provide solutions.

Rules

The comments published on the MIAL member portal represent a wide range of views and interests of employees of member organisations. Statements made during online discussions are the personal opinions of the commentators and do not necessarily reflect those of MIAL or our members and partners.

By using the MIAL member portal, you acknowledge the following:

  • You take responsibility for the content or opinions posted or sent by users in any forum
  • You take responsibility for all postings under your username
  • You use the information provided in the forums at your own risk
  • Engaging with the MIAL member portal provides no expectation of privacy with regards to posts or submissions (see Privacy above)
  • The forums and features on the MIAL member portal are public and not for private communications
  • Exercise caution if sharing personal information online as MIAL cannot guarantee the security of any information willingly and knowingly disseminated online.

Further to these guidelines, as a participating member of the MIAL member portal, you agree to not post, distribute, or otherwise make available or transmit any data, text, or message, that MIAL deems to be:

  • Defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking
  • Bigoted, hateful, or racially offensive
  • Vulgar, obscene, or sexually explicit (language or images); or that
  • Encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that
  • Infringes upon and/or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any forum.
  • Misleading, deceptive, false, defamatory or libellous content
  • Unproven or unsupported accusations against individuals or organisations
  • Advertising or selling any products, services or otherwise (whether or not for profit) or soliciting others or using any forum for commercial purposes of any kind
  • Impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity
  • Engaging in antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, as those terms are commonly understood and used on the internet. This includes adding repeated posts in multiple discussions. Spamming may also include tagging many members in a discussion, or private message a large number of members with the same communication.

Please do not post duplicate posts – these will be removed from the platform.

Please use caution when discussing products or services. Information posted on the discussion groups and in the libraries is available for all to see, and comments are subject to applicable laws, including defamation and competition laws.

Messages should not be posted if they encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade or would otherwise breach Australian Consumer Laws. Messages that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.

Participants on the MIAL member portal must not collect data, member contact details or any other form of content from this platform for personal use or gain.

To the extent applicable, the MIAL General Website Terms of Use also applies to the use of the member portal.

Forum discussion etiquette

  • Respect others. Focus on the content of posts and not on the people making them.
  • State concisely and clearly the topic of your post in the subject line. This allows members to respond more appropriately to your posting and makes it easier for members to search the archives by subject.
  • Do not send administrative messages, such as “remove me from the list,” to the group. Instead, use the web interface to change your settings or to remove yourself from a list. If you are changing email addresses, you do not need to remove yourself from the list and re-join under your new email address. Simply change your settings.
  • Post your message or document only to the most appropriate forums. This helps to ensure that all messages receive the appropriate response by eliminating “noise”.

MIAL’s member portal and its authorised officers reserve the right to:

  • Remove any material that does not conform to the guidelines above
  • Turn over unconscionable or illegal materials to law enforcement officials that violate the terms above
  • Remove content including messages, emails or postings that violate the terms above, or that do not pertain to the designated topic or theme of the forum discussion
  • Otherwise remove or edit content from the portal at any time and for any reason should MIAL deem it necessary
  • Restrict, suspend or terminate your access to all or any part of MIAL’s member portal if you are found to be in breach of the terms of use.

MIAL may, without notice to you, remove, amend, alter or deny access to any user-generated content in its sole discretion if it is required to do so by any Applicable Law or order or judgment of a Court or tribunal of fact or law or other competent body (including any “take down notice” issued under the Broadcasting Services Act 1992 (Commonwealth).

Copyright

All copyright for material published on the site is retained and/or has copyright clearance by MIAL. Internally generated content is the property of MIAL and is subject to copyright under Australian law. Using the MIAL member portal contents for any purpose other than membership services and education is subject to approval by MIAL.

Please make sure information you upload to the MIAL member portal has copyright clearance prior to appearing on the site. MIAL does not accept responsibility for copyright breaches of the material updated by users other than MIAL administrators.

MIAL member portal administrators will endeavour to ensure that any material, links and images uploaded to the site comply with the MIAL member portal terms and conditions. Ensure that any print or website material is used only for personal use or non-commercial purposes.

Copyright and other intellectual property notices as presented in the original material must be stated. Use of this site and the provision of services, such as membership, events and intellectual property exchange provided by the MIAL member portal are subject to Australian law.

MIAL member portal users are subject to the following copyright guidelines:

  • You cannot use or distribute material from this site for public or commercial purpose without express written permission from MIAL.
  • Do not publish another person’s intellectual property without their written and express consent.
  • Ensure that you post content that you have personally created or have permission to use (see below) and have properly attributed to the content creator if required.

The intellectual property of all material published on this website remains with the author. Any material published on this website may be reproduced only with the express written consent of the MIAL administrators and then only with the following acknowledgment:

“Originally authored by (insert name of author) and published on MIAL member portal (embed hyperlink to MIAL member portal here (embed hyperlink to corresponding page of MIAL) on (insert date published on MIAL member portal)”.

Applicable law

The terms of use for MIAL’s member portal shall be governed by and construed according to the laws in force in Victoria. If any term, condition, or provision of these terms or conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired.

MIAL will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with:

  • Receiving, giving or using any opinion, view, advice or other material expressed on the MIAL member portal
  • Access to or non-access to the MIAL member portal or website, except for any liability which cannot be excluded by law.

[This page was last updated on 22/03/2022]