Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.kipa.com.au website (the “Service”) operated by Keswick Island Progress Association (“us”, “we”, “KIPA”or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Members
Register of members
(1) The management committee must keep a register of members of the association.
(2) The register must include the following particulars for each member:
(a) the full name of the member;
(b) the email address of the member;
(c) the date of admission as a member;
(d) the date of death or time of resignation of the member;
(e) details about the termination or reinstatement of membership;
(f) any other particulars the management committee or the members decide at a general meeting.
(3) The register must be open for inspection by members of the association at all reasonable times.
(4) A member must contact the Secretary to arrange an inspection of the register.
(5) However, the management committee may, on the application of a member of the association, withhold information about the member (other than the members full name) from the register available for inspection if the management committee has reasonable grounds for believing the disclosure of the information would put the member at risk of harm.
Prohibition on use of information on register of members
(1) A member of the association must not:
(a) use information obtained from the register of members of the association to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or
(b) disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes.
(2) Subrule (1) does not apply if the use or disclosure of the information is approved by the association.
Confidentiality
The information contained in this Service is strictly confidential and members are not given permission to share that information with non-members in any way without prior approval from the management committee.
Membership fees
(1) The membership fee for each ordinary membership is:
(a) the amount decided by the members from time to time at a general meeting; and
(b) is payable when, and in the way, the management committee decides.
Management Committee
Appointment or election of secretary
(1) The secretary must be an individual residing in Queensland, or in another State but not more than 65km from the Queensland border, who is:
(a) a member of the association elected by the association as secretary; or
(b) any of the following persons appointed by the management committee as secretary:
(i) a member of the association’s management committee;
(ii) another member of the association;
(iii) another person.
(2) If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the management committee must ensure a secretary is appointed or elected for the association within one month of incorporation.
(3) If a vacancy happens in the office of secretary, the members of the management committee must ensure a secretary is appointed or elected for the association within one month of the vacancy becoming open.
Membership of management committee
(1) The management committee of the association consists of a president, secretary, treasurer, and any other members the association members elect at a general meeting.
(2) A member of the management committee, other than a secretary appointed by the management committee must be a member of the association.
(3) At each annual general meeting of the association, the members of the management committee must retire from office, but are eligible, on nomination, for re-election. A member of the association may be appointed to a casual vacancy on the management committee when required.
Electing the management committee
(1) A member of the management committee may only be elected as follows:
(a) any 2 members of the association may nominate another member (the candidate) to serve as a member of the management committee at the annual general meeting at which the election is to be held ;
(b) nominations may be taken from the floor of the meeting
(c) each member of the association present and eligible to vote at the annual general meeting may vote for 1 candidate for each vacant position on the management committee;
(2) A person may be a candidate only if the person:
(a) is an adult; and
(b) is currently paying rates & levies to the head lease-holder; and
(c) is eligible to be elected as a member
General financial matters
(1) On behalf of the management committee, the treasurer must, as soon as practicable after the end date of each financial year, ensure all bank statements for the last financial year are available for viewing by members.
(2) The income and property of the association must be used solely in promoting the association’s objectives and exercising the association’s powers.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Keswick Island Progress Association.
Keswick Island Progress Association has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Keswick Island Progress Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclosure
KIPA does not have public liability insurance cover.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, including without limitation if you breach the Terms. However, before the management committee terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.
The management committee may terminate a member’s membership if the member:
(a) is convicted of an indictable offence; or
(b) does not comply with any of the provisions of these Terms; or
(c) has membership fees in arrears for at least 2 months; or
(d) conducts themself in a way considered to be injurious or prejudicial to the character or interests of the association.
You may resign your membership at any time by first informing the Secretary of your intention, and then deleting your account from the update profile page in the member’s area. There is no refund applicable for terminated accounts by either party.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Last updated 23 January 2019