PRIMED Membership Terms and Conditions
These Terms and Conditions are effective from 25 October 2023.
“Fee” means the membership fee charged by the UTAS for the year from the sign up date in accordance with these Terms and Conditions
“Member” means an entity applying for membership as part of the UTAS PRIMED program.
“Membership Level” means those levels of membership associated with the PRIMED program for the relevant calendar year as described on PRIMED website
“Serious Environmental Incident” means a material event of emission, spillage or discharge of hazardous substances; explosions, fire; environmental claims, complaints, or lawsuits (including pre-action correspondence) that are not frivolous or vexatious, and which the Innocent Party, acting reasonably, believes to have a reasonable prospect of success; and/ or complaints from or investigations by authorities responsible for the enforcement of environmental legislation.
“Sponsorship Rights” has the meaning given to that phrase in clause 1.
“Terms and Conditions” means these terms and conditions.
“UTAS” means the University of Tasmania.
- Contract. UTAS may accept or reject an application for membership at any time. Once a Member’s application for membership is accepted by UTAS, these Terms and Conditions will constitute a binding contract between the Member and UTAS, with each being a “Party” to the contract. By submitting an application for membership through the UTAS PRIMED website, Members accept and agree to abide by the contract and these Terms and Conditions.
- Sponsorship Rights. In these Terms and Conditions, “Sponsorship Rights” means those rights assigned to a level of membership for that year of membership, as disclosed on the UTAS PRIMED website. Such rights vary according to the level of membership and may include:
- An opportunity to present to UTAS students on Member’s business (which will range from 10 to 50 minutes depending on Membership Level)
- Invitation to co-sponsor UTAS student events;
- logo, name of the company, company overview and promotional video recorded by the UTAS crew on the UTAS PRIMED website (depending on Membership Level)
- One or more of the following on the UTAS PRIMED website:
- promotion of Member’s scholarships and work opportunities;
- promotion of industry-based honours projects;
- promotion of work placement opportunities.
- Fee. Fees are determined based on Membership Level which is selected by the Member on sign-up. The Fee must be paid up-front by the Member on signing-up each year, starting from the original sign up date. The Fee is a one-off payment for the relevant membership year and membership does not renew automatically.
- Membership Entitlement.
- General. Once membership is accepted, a Member will be entitled to the Sponsorship Rights assigned to their Membership Level from the date of acceptance by UTAS. Membership is personal to the Member and may be not be used by other affiliates or corporate group members except where agreed in advance with UTAS, in its sole discretion.
- Reputation of Parties and the Environment. Either Party (“Innocent Party”) may terminate this contract at any time by written notice to the other (“Offending Party”) if the Innocent Party or a third party competent authority responsible for enforcing environmental legislation detects any material non-compliance on the part of the Offending Party in relation to environmental legislation, regulations, standards or guidelines applicable to the industry in which the Offending Party operates or any Serious Environmental Incident. In the event that UTAS terminates the contract pursuant to this clause, the Offending Party will be refunded any Fee paid in that membership year in full.
- Other Cancellation or Change of Membership. After sign-up, a Member may cancel or vary their membership by written notification to PRIMED@utas.edu.au [within 30 days/ at any time] and Member will be refunded the Fee in full (for cancellation) or refunded any difference in Fee (where Membership Level is varied).
- No Exclusivity. The Member acknowledges that is not the sole member or sponsor of the UTAS PRIMED program.
- Attendance at UTAS Events. UTAS reserves the right to refuse entry to any person representing a Member without notice where that person’s conduct is at any time reasonably suspected of being in breach of any UTAS policy or procedure applicable to visitors or is otherwise involves harassing, threatening or intimidating others or poses a threat to the health and safety of the person or others.
- Intellectual Property. The Member agrees that UTAS may publish Member’s trade mark, name, logos or slogans on the UTAS website and other promotional materials for the sole purpose of promoting Member’s involvement in the PRIMED program.
- Liability. The liability of each Party to this contract, notwithstanding any negligence, breach of duty or other failure of any nature, is limited to the amount of the Fee, provided that a Party’s liability for any of the following are not excluded or limited:
- GST For the purpose of this clause, words and expressions which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning as in the GST Act. The is exclusive of GST unless otherwise stated. If GST is payable by a supplier on any supply made under this Agreement: (i) the recipient, upon receiving a tax invoice from the supplier, will pay to the supplier an amount equal to the GST payable on the supply; and (ii) this amount will be paid in addition to, and at the same time, that the consideration for the supply is to be provided.
- General
- Counterparts. This contract may be executed in any number of counterparts. All counterparts will collectively be taken to constitute one document.
- Governing Law. This contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation are governed by the laws of the State of Tasmania, Australia.
- Assignment and Novation. Neither Party may assign or novate its rights and obligations under this contract unless it has the prior written consent of the other Party.
- Entire Agreement. This contract constitutes the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements or understandings between the Parties in connection with the subject matter.
