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Last updated 1 September 2020


The Company provides the DSPANZ Website, including the Member Directory and other web-based services for its members and the public. Use of the DSPANZ Website by Members is subject to these Member Terms of Use in addition to the Website Terms.


The following terms are used regularly throughout these Member Terms of Use and have a particular meaning:

(a) ABN means Australian Business Number.
(b) DSPANZ Website means the DSPANZ web-service accessible from, or any other URL operated by DSPANZ from time-to-time.
(c) Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Member Terms of Use.
(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for the general banking business in Sydney, Australia.
(e) Company means Australian Business Software Industry Association Limited ABN 72 165 915 640 t/a Digital Service Providers Australia New Zealand. 
(f) Constitution means the Constitution of the Australian Business Software Industry Association Limited accessible at:
(g) End User means an unregistered user of the DPANZ Website.
(h) Fee means a fee charged by the Company for use of the DSPANZ Website, for webinars or for other goods/services supplied by the Company.
(i) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(j) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property. 
(k) Listing means a listing within the Member Directory that describes a Member's organisation.
(l) Member means a registered user of the DSPANZ Website, that has signed up to a Member account in accordance with these Member Terms of Use.
(m) Member Directory means the directory of Member organisations accessible on the DSPANZ Website.
(n) Member Terms of Use means these terms and conditions of using the DSPANZ Website that apply to all Members, as updated from time-to-time, which can be found at
(o) Membership Fee means a Fee charged by the Company for use of the DSPANZ Website as a Member and/or membership with ABSIA.
(p) Privacy Act means the Privacy Act 1988 (Cth).
(q) Privacy Policy means the Company's Privacy Policy as updated from time-to-time, which can be found at
(r) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(s) User means any Member or End User that uses the DPSANZ Website.
(t) User Content means images, information, documents or other data that is uploaded or input into the DSPANZ Website by the User or that forms part of the User's Intellectual Property, including a Listing.
(u) Website Terms means the DSPANZ Website Terms of Service accessible at


Using the DSPANZ Website



(a) To use the DSPANZ Website as a Member, the Member must set up a Member account on the DSPANZ Website and pay the Membership Fee.
(b) A Member that holds a free Member account that uses the DSPANZ Website during a free trial, or that has not otherwise paid a Membership Fee acknowledges that:

i The Member may not qualify as a Member under the Constitution, but agrees to comply with the Constitution while using the DSPANZ website as if they were a fully paid member of the Company;

ii The Member uses the DSPANZ Website entirely at their own risk; and

iii To the extent permitted by law, the Company shall have no liability to the Member in relation to the DSPANZ Website.
(c) The Member agrees that all use of the DSPANZ Website by the Member is subject to:

i These Member Terms of Use;

ii The Constitution;

iii The Website Terms; and

iv The Privacy Policy.
(d) Failure to comply with the Constitution and/or Website Terms shall be deemed a breach of this Agreement.
(e) Use of the DSPANZ Website as a Member is only available to Users over the age of 18.
(f) The Company may suspend the account or restrict the access of any Member that breaches the terms of this Agreement.



(a) The DSPANZ Website may allow a Member to:

i Manage their Member account;

ii Create and manage Listings;

iii Access news;

iv View and post in the DSPANZ Member's Forum;

v Access Member only areas of the DSPANZ website; and

vi Such other features as the Company may make available to Members from time-to-time.
(b) Features may differ depending on the Member's class of membership in accordance with the Constitution.


Listings in the Member Directory

(a) A Member that has paid the Membership Fee is entitled to have one (1) Listing in the Member Directory, that may include the following details:

i Listing title;

ii Profile teaser;

iii Profile description;

iv Products and services;

v Industries;

vi Target market;

vii Service; and 

viii Other categories of information that may be added from time to time.
(b) Each Member is responsible for ensuring the accuracy of all information described in a Listing.
(c) The Company makes no representation as to the accuracy of any information contained in a Listing. 
(d) A Member may nominate a User to have edit rights in respect of the Member's Listing. Members shall ensure that only authorised Users are given access to their Listing. The Company may require new Users to verify whether they are employed by the particular organisation before access is granted to edit a Listing. The Company may decline access to a Listing in its sole discretion, if the User fails to satisfy the Company that the User is authorised to make or access the Listing. The Company may require the Member and/or User to provide such additional information as the Company may reasonably request. 
(e) The Company may restrict or provide additional features in relation to a Listing depending on the Member's class of membership, as described on the DSPANZ Website. 
(f) The Company may at its absolute discretion decline, remove or edit any Listing, including any Listing that the Company determines to be offensive or inappropriate. 


Fees, payments & refunds



(a) In order to be a Member, Members must pay the Membership Fee, which is payable in advance (after any free trial period has expired).
(b) Each Fee applies in accordance with such membership class, features, and/or services subscribed for by the Member in accordance with the pricing described on the DSPANZ Website, or as otherwise agreed with the Company.
(c) The Member agrees to make payment in advance for all Fees due at such frequency, or on such dates as the Member has subscribed for.
(d) All payments shall be made by credit card via the online payment gateway within the DSPANZ Website, or in such other manner as the Company may direct from time-to-time.
(e) The Member agrees that it has no right to access the features available to Members on the DSPANZ Website if it fails to make payments of the Membership Fees when due.
(f) The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 14 days' written notice. Any new or changed Fees will apply at the next billing period after the Member has been given such notice.
(g) If a Member does not accept a change to any Fees, then it can simply terminate its Account, by email to
(h) If Fees are not brought out of arrears within 28 days of becoming overdue, the Company may terminate the Member's Account without notice and end the Agreement.



All Fees are quoted in Australian dollars.



For Members in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Member with a Tax Invoice for any payments.



No refunds of Fees are offered other than as required by law. In particular, no refunds are offered where a Member account is terminated early.


Late Payment

(a) If the Member does not pay the full Fees as required, the Company may suspend all User access to the DSPABNZ Website for that Account.
(b) If Fees are not brought out of arrears within 28 days of becoming overdue, the Company may terminate the Member's Account on the DSPANZ Website without notice and end this Agreement.
(c) The User agrees that the Company shall not be responsible or liable in any way for:

i Interruptions to the availability of the DSPANZ Website or User Content in the event of (a);

ii Loss of User Content in the event of (b).


General conditions



(a) By accepting the terms and conditions of this Agreement, the Member is granted a limited, non-exclusive and revocable licence to access and use the DSPANZ Website as a Member for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
(b) The Company may issue the licence to the Member on the further terms or limitations (including the number of users or Listings) as it sees fit.
(c) The Company may revoke or suspend the Member's licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the Member.


Modification of Terms

(a) The terms of this Agreement may be updated by the Company from time-to-time.
(b) Where the Company modifies the terms, it will provide the Member with written notice, and the Member will be required to accept the modified terms in order to continue using the DSPANZ Website.


Liability & Indemnity

(a) The Member agrees that it uses the DSPANZ Website at its own risk.
(b) The Member acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
(c) The Member agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Member's use of or conduct in connection with the DSPANZ Website, including any breach by the Member of these Member Terms of Use.
(d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Member's access to, or use of, or inability to use the DSPANZ Website, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
(e) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company's related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company's option to:

i The re-supply of services or payment of the cost of re-supply of services; or

ii The replacement or repair of goods or payment of the cost of replacement or repair.



(a) Either party may terminate this Agreement by giving the other party written notice.
(b) Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
(c) Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 3.3, 3.5, 3.6 and 3.7 survive termination of this Agreement.


Dispute Resolution

(a) If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

i Includes or is accompanied by full and detailed particulars of the Dispute; and

ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
(c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.


Electronic Communication, Amendment & Assignment

(a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning. 
(b) The Member can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the Member of a change of details from time-to-time.
(c) The Company will send the Member notices and other correspondence to the details that the Member submits to the Company, or that the Member notifies the Company of from time-to-time. It is the Member's responsibility to update its contact details as they change. 
(d) A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law. 
(e) Notices must be sent to the parties' most recent known contact details.
(f) The Member may not assign or otherwise create an interest in this Agreement.
(g) The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.



(a) Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
(b) Prevalence. To the extent this Agreement is in conflict with, or inconsistent with the Website Terms, the terms of this Agreement shall prevail. To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail. To the extent this Agreement, the Website Terms or any Special Conditions is in conflict with, or inconsistent with the Constitution, the terms of the Constitution shall prevail. 
(c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
(d) Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
(e) Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it. 
(g) Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
(h) Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement. 
(i) Interpretation. The following rules apply unless the context requires otherwise:

i Headings are only for convenience and do not affect interpretation.

ii The singular includes the plural and the opposite also applies.

iii If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

iv A reference to a clause refers to clauses in this Agreement.

v A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

vi Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

vii A reference to a party to this Agreement or another agreement or document that includes that party's successors and permitted substitutes and assigns (and, where applicable, the party's legal personal representatives).

viii A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them. 

ix A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets. 

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