1. About this Website and these Terms

(a) Welcome to https://taasa.org.au/ (this ‘Website’). This Website is operated by The Asian Arts Society of Australia Inc. (‘TAASA’) (ABN 64 093 697 537, ARBN 057 463 582).

(b) By using, browsing and/or reading this Website, you signify that you have read, understood and agree to be bound by these Terms and Conditions (these ‘Terms’). If you do not agree with these Terms, you must cease using this Website immediately. TAASA reserves the right to review and change any of these Terms by updating this page at its sole discretion.

2. The Purchase of Services from TAASA

(a) Services or items (the ‘Services’) such as TAASA memberships and event tickets can be purchased on this Website. As part of these purchases you may be required to provide personal information about yourself. You warrant that any information you give to TAASA in the course of purchases is accurate.

(b) Mention of Recurring Totals for memberships is a guide as to the potential cost of renewing membership in future years. The totals are largely a guide for members who have bought discounted memberships initially. These totals are subject to future membership subscription increases.

(c) You may not purchase the Services from TAASA if you are not of legal age to form a binding contract with TAASA, or are a person barred from receiving the Services under the laws of Australia or other countries.

3. Your obligations as a Member of TAASA or User of this Website

As a Member of TAASA (‘Member’) or user of this Website, you agree to comply with the following:

(a) You will use the Services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(b) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.

(c) Services that are only for Members (such as video lectures and the TAASA Review) may only be used by Members and may not be shared with non-Members. Use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify TAASA of any unauthorised use of your password or email address or any breach of security of which you have become aware.

(d) Access and use of this Website is limited, non-transferable and allows for the sole use of this Website by you for the purposes of TAASA providing the Services.

(e) You will not use the Services or this Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to this Website.

(f) You acknowledge and agree that any automated use of this Website or the Services is prohibited.

4. Payment for Services and Returns Policy

(a) Payment of the purchase price for the Services may be made through Stripe (the ‘Payment Gateway Provider’) or such other payment provider as TAASA utilises. In using the Payment Gateway Provider, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

(b) Following payment of the purchase price being confirmed by TAASA, you will be issued with a receipt to confirm that the payment has been received and TAASA may record your purchase details for future use.

(c) In many cases the Services are stated as non-refundable, subject to any requirements of Australian law. TAASA may, at their sole discretion, provide a refund on the purchase of the Services if they are unused.

5. Warranty

(a) TAASA’s Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a failure of the Services.

(b) This warranty shall be the sole and exclusive warranty granted by TAASA and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Services to which this warranty relates.

6. Copyright and Intellectual Property

(a) This Website, the Services and all of the related products of TAASA are subject to copyright. The material on this Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by TAASA or its contributors.

(b) You may not, without the prior written permission of TAASA and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

TAASA takes your privacy seriously and any information provided through your use of this Website and/or the Services are subject to TAASA’s Privacy Policy, which is available on this Website.

8. General Disclaimer

(a) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) TAASA will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(b) Use of the Website, the Purchase Services, and any of the products of TAASA, is at your own risk. Everything on the Website and the Services are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the directors, officers, agents, contributors, third party content providers or licensors of TAASA make any express or implied representation or warranty about its content or the Services referred to on this Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on this Website, the Services, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website or the Services;

(iv) the Content or operation in respect to links which are provided for the user’s convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on this Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

9. Limitation of Liability

(a) TAASA’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not paid the purchase price, then the total liability of TAASA is the resupply of the Services to you.

(b) You expressly understand and agree that TAASA, its ambassadors, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) TAASA is not responsible or liable in any manner for any site content (including the Content and third party Content) posted on this Website or in connection with the Services, whether posted or caused by users of the website of TAASA, by third parties or by any of the Services offered by TAASA.

10. Termination of Contract

(a) These Terms will continue to apply until terminated by either you or by TAASA. If you want to terminate these Terms, you may do so by notifying TAASA at any time and ceasing to be a Member, using the Services and using this Website.

(b) TAASA may at any time, terminate these Terms or your Membership if you have breached any provision of the Terms or intend to breach any provision, or if TAASA is required to do so by law.

(c) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TAASA have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

11. Indemnity

(a) You agree to indemnify TAASA, its ambassadors, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of these Terms.

12. Venue, Jurisdiction and Governing Law

(a) In the event of any dispute arising out of or in relation to this Website or the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

(b) These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

13. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of these Terms shall remain in force.