Terms and Conditions
1.1 In these Terms, unless the context otherwise requires.
Agency means the travel agency nominating employees to be trained as Aussie Specialists.
Aussie Specialist means an individual travel agent who has successfully completed TA's training course and been accredited with ‘Aussie Specialist’ status.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
Confidential Information means confidential, proprietary and commercially-sensitive information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) of TA, including information which:
(a) is identified as confidential or ought to have been known to be confidential; and
(b) relates to the business affairs and practices of TA, including financial information, business opportunities, business plans, business processes and methodologies,
but does not include information which is in, or comes into, the public domain other than by a breach of this agreement, or which is independently known to the other party as evidenced by its written record.
Trainee means an individual travel agent who is either receiving training for Aussie Specialist status.
1.2 Any reference in these Terms to 'writing' or like expressions includes a reference to telex, cable, facsimile, transmission, electronic mail or comparable means of communication.
1.3 The headings in these Terms are for convenience only and shall not affect its interpretation. TA reserves the right to amend these Terms at any point in time.
2. Organisation representation
2.1 All references to “TA”, “us” or “we” means Tourism Australia (ABN 99 657 548 712), a corporate Commonwealth entity whose principal place of business is located at Level 28, 180 George Street, Sydney, New South Wales, Australia and all references to “you” or “your” in these Terms means the Agency and the Aussie Specialist jointly and severally, and all rights conferred and obligations imposed on you in these Terms are deemed to have been accepted by and imposed on both the Agency and on the Aussie Specialist.
3. Aussie Specialist Program
3.1 The Aussie Specialist Program (ASP) is TA’s global training program, run in conjunction with Australia’s State and Territory Tourism Organisations (STOs).
3.2 The ASP is designed to provide domestic and international travel sellers with the knowledge and skills to promote and sell Australia as a destination. It offers agents an online platform and training resources to learn about Australia, helping them to promote and sell the destination more effectively.
3.3 ASP is open to travel agents based in Australia and travel agents based outside of Australia, who sell a certain level of travel to Australia. There are minimum standards and a series of registration steps to be met before being able to be a specialist. TA reserves the right to refuse registration into the program at any stage.
3.4 ASP is also open to Australian-based Inbound Tourism Operators (ITOs) subject to meeting certain standards and registration steps at TA’s absolute sole discretion. Australian based ITOs experience a restricted list of benefits, this includes but is not limited to not being entitled to familiarisation trips.
4.1 On completion of registration (which shall be undertaken electronically by way of TA’s ASP website or other ASP digital platform owned or authorised by TA (the ASP Platform)), TA shall provide the Trainee with a unique ASP account which will allow the authenticated user access to the ASP Platform (e.g. electronic access to ASP training materials) (the ASP User Account).
4.3 On successful completion of all training modules together with a final examination, the Trainee will be awarded non-exclusive Aussie Specialist status.
4.4 The award of Aussie Specialist status to a Trainee will entitle the Agency, as the employer of the Trainee, to advertise itself as having the services of an Aussie Specialist for as long as the Trainee remains:
(a) an Aussie Specialist;
(b) in the employ of the Agency; and
(c) in compliance with the Terms.
5. Duties of the Aussie Specialist and Agent
5.1 The Agency and the Aussie Specialist must:
(a) use their respective best endeavours to promote and market any travel to and tourism in Australia;
(b) conduct any promotion and marketing of travel to and tourism in Australia with all due care and diligence;
(c) cultivate and maintain good relations with customers and potential customers in accordance with sound commercial principles; and
(d) comply with all relevant laws, regulations (for example, privacy and data protection laws, public health regulations), and Tourism Australia and ASP policies and guidelines (for example, a prescribed code of conduct for ASP, COVID-19 guidelines for ASP events) as directed by TA from to time in connection with their participation in ASP;
(e) attend exhibitions and events as commercially suitable for the purpose of promoting travel to and tourism in Australia.
5.2 The Agency must procure that its Nominated Persons and Aussie Specialists, at the expense of the Agency:
(a) make themselves available at all reasonable times and upon reasonable notice to TA for training regarding Aussie Specialist status, and for consultation and advice relating to travel to and tourism in Australia, at the expense of the Agency; and
(b) attend meetings with representatives of TA and such travellers or prospective travellers as may be reasonable and necessary for the proper performance of its duties hereunder.
5.3 Each Aussie Specialist must be employed as a travel agent. Noting this requirement may be waived by TA at its absolute sole discretion at the time of registration.
5.4 The Agency and Aussie Specialist may not hold themselves out or permit any person to hold themselves out as being authorised to bind TA in any way, and not do any act which might reasonably create the impression that it is so authorised.
5.5 The Agency shall promptly inform TA of any complaint concerning any of its Aussie Specialists which it receives and keep TA fully indemnified against all costs, claims, demands and expenses incurred or received arising out of the services provided by the Agency and/or the Aussie Specialist.
5.6 You shall not engage in any conduct which in the opinion of TA is prejudicial to TA or the marketing of tourism in and travel to Australia generally.
6. ASP User Account
6.1 If your ASP User Account has been inactive for 3 years from the last time you logged into the ASP User Account, the ASP User Account, including all data and information, will be permanently deleted from the ASP Platform and the Aussie Specialist will lose ASP status. You will not have the ability to retrieve or reactivate the same ASP User Account.
6.2 If you wish to apply to be an Aussie Specialist again, you must complete the ASP registration process, and in turn, the requisite accreditation to qualify as an Aussie Specialist.
6.3 If after registration the trainee does not qualify as an Aussie Specialist within 18 months from the date of registration, their ASP User Account will be permanently deleted from the ASP Platform.
7. Aussie Specialist Rewards Program
7.1 As an Aussie Specialist, you will be eligible to participate in the Aussie Specialist Rewards Program (ASP Rewards Program). The ASP Rewards Program shall be governed by the ASP Rewards Program terms and conditions. By participating in the ASP Rewards Program, you agree to the ASP Rewards Program terms and conditions.
8. Withdrawal of Aussie Specialist Status
8.1 TA is entitled to withdraw an Aussie Specialist’s status immediately if:
(a) the Aussie Specialist and/or the Agency commits any breach of these Terms and, the breach is incapable of remedy or, in the case of a breach capable of remedy, fails to remedy the same within 30 days after the receipt of a written notice from TA giving full particulars of the breach and requiring it to be remedied;
(b) the performance or service provided by the Aussie Specialist is not adequate in the reasonable opinion of TA; or
(c) TA has reasonable belief that the Aussie Specialist is a reputational risk to TA.
8.2 If the Aussie Specialist's status is withdrawn at any time for whatever reason the Agency shall lose the right to hold itself out as having the services of an Aussie Specialist and to advertise itself as such. There may be the opportunity for the withdrawn Aussie Specialist to return to the program under a 6 month probation. This will be at the sole discretion of TA.
9.1 You must keep all Confidential Information confidential and use such information for the sole purpose of performing the obligations under this Agreement. You may not use or disclose the Confidential Information except:
(a) as required by law, subject to you notifying TA immediately if you become aware that such disclosure may be required; or
(b) with TA’s prior written approval.
9.2 Inputting Confidential Information into, or disclosing to, ChatGPT or other generative AI, will constitute disclosure for the purposes of this agreement.
9.3 You must return the Confidential Information to TA immediately on request or on the termination of this agreement. The obligations under this clause survive the termination of the agreement.
10. Intellectual Property
10.1 Nothing in these terms and conditions shall give the Agency or the Aussie Specialist any rights in respect of any Intellectual Property Rights used by TA in relation to Aussie Specialist status. Your acknowledge that except as expressly provided in these Terms you shall not acquire any rights in respect thereof, and that all such rights are and remain vested in TA. You will not use any trademarks or trade names so resembling those of TA as to be likely to cause confusion or deception.
11. Licence to Use ASP Trademarks
11.1 TA is the owner of the Aussie Specialist Program name and associated logos (the Trademarks). In consideration of your participation in the Aussie Specialist Program, TA grants you a non-exclusive license to use the Trademarks, for the duration of your membership of the Aussie Specialist Program, on the following conditions. You must:
(a) ensure that reproductions of the Trademarks meet minimum quality and size requirements specified by TA from time to time;
(b) not allow or authorise others to use the Trademarks;
(c) not register or apply to register any trademarks, domain names, trading names or other names which include the Trademarks, or are substantially identical or deceptively similar to the Trademarks;
(d) not use the Trademarks in any way which is illegal or is likely to damage the Trademarks or the reputation of TA; and
(e) indemnify TA against any action, claim, cost, demand, cause of action, proceedings, loss or damage which TA may incur or become liable for as a result of your use of the Trademarks.
11.2 This licence is automatically revoked in the event Aussie Specialist’s status is lost for any reason.
12. Liability and Indemnification
12.1 You agree that under no circumstances will TA be liable for any of your and your employees, agents, or representatives (as applicable) acts, omissions, debts, or other obligations, in connection with you and your employees, agents, or representatives (as applicable) dealings with, or services provided to, consumers referred by TA.
(a) dealings which you, your employees, agents, or representatives (as applicable) may have with; or
(b) services which you, your employees, agents, or representatives (as applicable) may provide to,
any consumer referred by TA.
12.3 Your liability to indemnify TA under clause 12.2 will be reduced proportionately to the extent that any negligent or unlawful act or omission of TA contributed to the relevant loss.
13. Privacy and Data Protection
13.2 By joining the Aussie Specialist Program, you consent to the following:
(a) storage of your personal information on platforms (such as applications, databases, etc) owned or authorized by TA including any third party platforms procured by TA for purposes of ASP;
(b) the disclosure of your personal information to TA's industry partners, State tourism offices, contractors or agents of TA who assist TA to operate the Aussie Specialist Program after you have completed relevant Aussie Specialist Program modules; and
(c) TA, TA's industry partners, and STOs using your personal information to send you offers and information for Aussie Specialists after you have completed relevant Aussie Specialist Program modules.
13.3 If you do not consent to your personal information being used in this way, please email email@example.com, or firstname.lastname@example.org.
14.1 Applicable law: These Terms are subject to the laws of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of those courts.
14.2 Waiver: A failure by TA to exercise a right or remedy under these Terms does not amount to a waiver of those rights and remedies and any such waiver must be expressly set out in writing.
14.3 Binding nature: If any provision of these Terms are held to be illegal, invalid or otherwise unenforceable, the remainder of these Terms will not be affected and these Terms will be read as if the part had been deleted in the relevant jurisdiction only.
14.4 Entire agreement: These Terms constitute the entire agreement between the parties relating to the subject matter set out herein and supersedes all prior discussions and communications