Australian Retailers Association (ARA) Membership Terms and Conditions
Australian Retailers Association (ARA) Membership Terms and Conditions
1) Membership Eligibility
Any person, firm or company which meets the definition of an Eligible Member may apply for membership with the ARA.
An Eligible Member is any Operator of a Retail Industry Business and may include an Affiliate where approved by the ARA/ARA Council.
Businesses, corporations, individuals or companies that operate purely and primarily with the purpose of selling goods, services, materials or articles of any kind on a wholesale or non-retail basis, are not Eligible Members.
The ARA reserves the right to approve or deny membership to any person or body corporate in its total discretion.
2) Before you start your ARA membership
As an ARA member, you can use ARA supplied services in line with these terms and conditions. Each Eligible Member will hold a Membership from the following
Member definition types
a) Basic Membership
A basic membership for Eligible Members who meet the Basic Membership Eligibility Criteria and pay the Basic Membership Fee.
b) Premium Membership
An unlimited/premium membership available to Eligible Members who meet the Premium Membership Criteria and who pay the Premium Membership Fee.
c) Affiliate Membership
A specific membership for Affiliates only, who meet the Affiliate Membership Criteria and pay the Affiliate Membership Fee.
d) Academic Associate Membership
A specific membership for an Educational Institution or educational facilitator or teacher that is not eligible for regular
Eligible Member services and who meets the Academic Associate Membership Criteria, receiving limited services relative to the teaching of Retail specific subjects and who pays the Academic Associate Membership Fee.
a) Life Member
The ARA Council may admit to honorary life membership, any person who has served with distinction as a member of the ARA Council, or prior to 2006 as a member of the National Council or a Division Council.
Honorary Life members shall not be required to pay any annual subscription fees and they shall not be entitled to vote nor shall they be eligible for membership of the ARA Council nor take part in the affairs of the Association otherwise than to receive notice of and to be present at the meetings of the Association but not to speak thereat.
The ARA reserves the right to require any Member to provide Revenue evidence (including but not limited to audited financial accounts for the Member including any of its associates and related bodies corporate) upon application for membership and on the renewal of their Membership to determine the appropriate Membership Type and applicable Membership Fees for the Member for that annual period.
Membership Fees are bracketed based on Revenue. Members with Revenue above a Basic Membership Revenue Threshold will be required to upgrade their Membership to a Premium Membership.
2) What does a Membership provide?
Understanding our member options.
a) Each Membership Type has different benefits, services and limits.
b) Generally, a Basic Membership, Affiliate Membership, Academic Associate Membership and Life Membership will be subject to limits on the number of Member Contacts and some limits on service usage (including but not limited to hotline and advisory services). Typically, a Premium Membership will allow for unlimited access to services and unlimited Member Contacts – subject to Fair Use Restrictions.
Membership Type services:
a) Services that a Member is eligible for are strictly limited to the Membership Type that has been purchased or subscribed to. Services from different Membership Types cannot be transferred or included in another Membership Type.
b) If a Membership Type contains limits or restrictions, additional usage beyond such limits or restrictions will incur additional fees.
a) The ARA Membership is only available for annual periods. Unless otherwise stated or agreed by the ARA.
Annual period descriptions
a) Annual period: Membership Fee payments made within the first 15 days of a calendar month, will result in your membership being due for renewal on the last calendar day of the previous month in the following year.
Example: if payment made on 14th September, the renewal of membership will be due on August 31st the following year.
b) Annual period: Membership Fee payments made after the first 15 days of a calendar month will result in membership renewal being due on the last calendar day of the same month the following year.
Example: If payment made September 16th, renewal of membership will be due on 30th of September the following year.
a) Payment of Membership: Payment options for Membership Fees include Full Payment of membership or Part Payment Agreement.
b) Membership activation: Activation takes place within 2 business days after full payment for ARA membership has been processed by the ARA and funds have been transferred into the ARA bank account. Members are contacted by the ARA once membership has been activated.
c) Membership activation via Part Payment Agreement: When entering a Part Payment Agreement to pay for your annual membership, membership activation will only take place after the first payment of the agreed and ARA approved part payment schedule, has been direct debited from the bank account or financial institution you nominate within the signed Part Payment Agreement.
1) Membership Services
a) Membership Services: membership services will only be available when your membership has been activated by the ARA and not prior to membership activation taking place.
b) Contacting the ARA to receive service: Membership services are available only to members of the ARA. Services will not be provided to non-members of the ARA.
c) Persons that are not listed as authorised Member Contacts nominated by a member under the member profile, will not be eligible to receive services from the ARA.
d) Authorised Member Contacts: By providing the ARA with Member Contacts under their member profile, a member acknowledges that they understand that they have authorised the listed Member Contact(s) to act on behalf of the member and or to contact the ARA to receive services. It is the responsibility of the member to monitor and maintain the persons listed as authorised Member Contacts under their member profile.
e) Members adding or removing contacts: A member is required to contact the ARA when wishing to add or remove Member Contacts on their member profile by emailing unless instructed otherwise by the ARA or its representatives.
f) Member Contact details: Members are responsible for ensuring that they have provided the ARA current contact details and postal address to ensure open communication channels.
g) Member Contacts Exceed allocation: All Membership Types other than Premium Memberships are subject to limits on the number of Member Contacts who may use the services. The limits are communicated by the ARA at the time of applying or renewing your membership. Where the number of Member Contacts increases beyond the allocated number, additional Membership Fees may be levied by the ARA at a ‘per user’ rate.
2) Changes to Memberships
a) Cooling Off Period: There is no cooling off period for ARA membership. Once agreeing to purchase an ARA membership, you are agreeing to an annual period of membership. A refund will not be provided if you change your mind about ARA membership. Refunds will only be offered where the ARA is required to provide a remedy to you under the Consumer Guarantees within the Australian Consumer Law.
b) Suspending ARA membership: Membership cannot be suspended upon request by a member, membership will continue as per the annual period from the start date of the membership activation.
c) Cancellation of Membership: No refund will be provided upon cancellation of membership. Once agreeing to purchase ARA membership, you are agreeing to an annual period of membership. We will not provide a refund for a cancellation of a membership in between the commencement of the annual period of membership and the end of the annual period of the membership you have
purchased. You will not receive a pro rata refund for time remaining on your membership.
d) Transfer of Membership: Membership cannot be transferred to another legal entity, unless agreed upon by the ARA and the ARA. Transfer requests will need to be communicated to the ARA.
e) Renewal of Membership: Members will be provided information including an invoice relative to the renewal of their membership prior to the renewal date.
f) Membership Fee renewal Increases: From time to time the ARA will apply a member levy or increase to the Membership Fees at the time the renewal notice is generated. In addition, where a Member’s Annual Revenue has increased during the prior year, the Membership Fees may be increased accordingly for the renewal year.
3) Levies and Overdue Renewals
a) Levies: If the ARA Council at any time deems that an emergency has arisen making it advisable that a levy should be made, the Secretary by the giving of one week’s written notice shall summon an Extraordinary General Meeting of members to consider whether such levy should be imposed, and if so, what amount. The determination of what constitutes an “emergency” is at the discretion of the ARA Council.
b) Overdue Renewal of membership: The ARA has the right to suspend or cancel services of a membership for failure to pay for renewal of membership by the due date displayed on the invoice or sales order.
4) Termination of Membership
a) Termination of Membership: If a member ceases to be engaged in or as an employer in respect of a Retail Industry Business the Membership of such member may, be determined summarily by resolution of the ARA Council provided however that such determination shall not affect the liability of the member to pay all monies owing by the member to the Association.
b) A member who:
• if a natural person, is of general bad character;
• if a body corporate, whose constituent documents make provisions inconsistent with the purposes for which the ARA was formed,
shall cease to be a member of the ARA upon determination by the ARA Council.
c) If a member shall:
• infringe any of the rules or policies (as implemented or updated from time to time) of the Association;
• be prosecuted for any act, neglect, default, proceeding or practice which the ARA Council in its discretion, may consider to be dishonorable or inconsistent with membership of the Association;
• be placed into administration, liquidation, bankruptcy or generally suffer an insolvency event;
• engage in any act or doing any thing which is likely to discredit the Association or harm its reputation;
• make any comment or do any thing which is not in the best interests of the ARA or any or its members or the retail industry as a whole;
• in the opinion of the ARA Council the interests of the Association are harmed or likely to be harmed by the member continuing to be associated with the ARA;
the ARA Council may, if it thinks fit, by notice in writing request the member to resign within a time to be specified in such notice and in default of the receipt of such resignation the ARA Council shall submit the question of his/her expulsion to a special meeting of the ARA Council to be called for that purpose.
The member whose expulsion is under consideration may attend such meeting and may show cause why he/ she should not be expelled from the Association. If after giving fair consideration to the member two- thirds of the members of the ARA Council present and voting at such meeting shall vote for the expulsion of such member he/she shall thereupon cease to be a member. The voting at any such special meeting shall be by ballot if not less than five members present so demand. The ballot shall be conducted in such a manner as the Chair shall decide. A declaration by the Chair that a resolution has been duly passed or that it has been lost shall be conclusive.
b) Copyright: All communications, articles documents and blog pieces are the property of the ARA or have been authorised under license to the ARA. Unauthorised use or recirculation of the such property may result in copyright infringements and prosecution.
Academic Associate Membership - means the Membership offered to Academic Associate Eligible Members who meet the Academic Associate Membership Criteria, the membership benefits and limits of the Academic Associate Membership being as communicated by the ARA at the time of enrolment or renewal.
Academic Associate Membership Criteria - means the criteria an Eligible Member must satisfy in order to be eligible for an Academic Associate Membership.
Academic Associate Membership Fee – means the fee payable by the Academic Associate who holds an Academic Associate Membership, as updated from time to time.
Activated - meaning that the activation process of a Membership has been completed.
Affiliate - means any like-minded association or industry body that has direct ties with the retail sector as approved by the ARA in its total discretion.
Affiliate Membership - means the Membership offered to Affiliate Eligible Members who meet the Affiliate Membership Criteria, the membership benefits and limits of the Affiliate Membership being as communicated by the ARA at the time of enrolment or renewal.
Affiliate Membership Criteria - means the criteria an Eligible Member must satisfy in order to be eligible for an Affiliate Membership.
Affiliate Membership Fee – means the fee payable by the Affiliate who holds an Affiliate Membership, as updated from time to time.
Annual Revenue - means the annual revenue/earnings of an Eligible Member in each financial year including any related bodies corporate or associates within the Eligible Member’s corporate group.
Annual Revenue Thresholds - means the Annual Revenue thresholds/bands applicable to each Membership and which determine the appropriate membership for an Eligible Member and their corresponding Membership Fee.
ARA/the Association - Australian Retailers Association.
ARA Council - means a group of persons who supervise, govern or otherwise have oversight of a corporation, organisation, association or other like body including a Board of Directors, that have been elected.
Basic Membership – the base level membership available to Retail Industry Business Operators who meet the Basic Membership Criteria, the membership benefits and limits of the Basic Membership being as communicated by the ARA at the time of enrolment or renewal.
Basic Membership Criteria – means the criteria an Eligible Member must satisfy in order to be eligible for a Basic Membership including but not limited to Annual Revenue Thresholds.
Basic Membership Fee – means the fee payable by the Eligible Member who holds a Basic Membership, as updated from time to time.
Direct Debit/direct debited - an electronic method of transferring funds from a bank account or financial institution with the purpose of making a payment, often to an organisation often as part of recurring payments or a once off payment agreed upon by the payee.
Eligible Member – means an Operator of a Retail Industry Business who is eligible to be a member of the ARA as determined by this policy.
Fair Use Restrictions – means reasonable ‘fair use’ limits the ARA may impose (acting reasonably) on an Eligible Member (including a Premium Member) where it determines that a member is excessively, unreasonably or unfairly using member services.
Full Payment - payment of entire amount due for an annual membership that is normally made in a singular payment.
Funds transferred - monies for the purposes of you and your retail business gaining membership to the ARA payed to the ARA via electronic means or other means arranged by the payee.
Member – means an Eligible Member who has become a Member and means the Operator of the Retail Industry Business as defined in these terms.
Membership - Membership with the Australian Retailers Association which entitles members to services and benefits, depending on their Membership Type.
Membership Activation - the internal ARA process of validating and processing membership application and activation of membership and membership profile enabling services to be provided.
Membership Duration - the time period in which a membership is valid.
Member Care team - department within the Australian Retailers Association that manages membership services.
Member Contacts – means the number of registered employees of an Eligible Member who are permitted to access and use ARA services, depending on the allocated limits of a Membership Type.
Member Profile - the information relating to member records that is stored in an internal system.
Membership Fee means the annual fees payable by a Member for their ARA Membership, as determined by their Membership Type, Annual Revenue and in some cases, number of Member Contacts as updated from time to time.
Membership services - services available to members of the ARA as advises at the type of application or renewal of Membership, depending on the Membership Type.
Membership Type – the type of membership held by an Eligible Member including but not limited to, Basic Membership, Premium Membership, Affiliate Membership, Academic Associate Membership and Life Membership.
Operator means the individual, body corporate, partnership or other legal owner or operator of the Retail Industry business and includes any related bodies corporate or associates (within the meaning of the Corporations Act 2001 Cth) where such related bodies corporate and/or associates are substantially involved win the primary Retail Industry Business.
Overdue Renewal of membership - payment for the renewal of an annual membership not being made by the date that the new annual membership period begins or the date mentioned on the invoice provided to the member for the purposes of renewing membership with the ARA.
Part Payment Agreement - a formal agreement that is signed by an individual or organisation or corporation with the purpose of arranging a limited amount of part payments for the payment of the full payable amount of the annual membership fee.
Part Payment Schedule - the nominated dates on which the signee of the Part Payment Agreement has agreed to have funds/monies direct debited from their nominated bank account or financial institution for the payment of membership fees.
Premium Membership – the top level membership available to Retail Industry Business Operators who meet the Premium Membership Criteria, the membership benefits and limits of the Premium Membership being as communicated by the ARA at the time of enrolment or renewal.
Premium Membership Criteria – means the criteria an Eligible Member must satisfy in order to be eligible for a Premium Membership including but not limited to Annual Revenue Thresholds.
Premium Membership Fee – means the fee payable by the Eligible Member who holds a Premium Membership, as updated from time to time.
Renewal - the time in which the annual membership period expires and new membership period commences.
Retail Industry Business means the business of an Operator involving the sale of goods to Australian end consumers via any means including bricks and mortar stores and online retailing but excluding where goods are sold predominantly or substantially for the purpose of resale or wholesale.
Same annual period - within the annual period of a current annual membership as described in Annual period.
Suspended - temporarily put on hold.
Transfer - change of legal entity or trading name to a signatory other than the signatory that is currently listed under the current member profile during the current annual period of membership.
You/your - the Eligible Member that signed the membership & direct debit request.
ABN: 99 064 713 718