Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
'Agent': The travel agency nominating employees to be trained as Aussie Specialists.
'Aussie Specialist': A Nominated Person who has successfully completed the Principal's training course and been accredited with such status.
'Intellectual Property': Any patent, copyright, registered design, trademark or other industrial or intellectual property right subsisting in respect of the information supplied by the Principal, and applications for any of the foregoing.
'Nominated Person': The individual employee of the Agent who is either receiving training for or has been granted Aussie Specialist status.
'Principal': Tourism Australia (ABN 99 657 548 712) of Level 29, 420 George St, Sydney NSW, Australia.
'Restricted Information': Any information which is disclosed to the Agent or the Aussie Specialist by the Principal pursuant to or in connection with the performance of this Agreement (whether orally or in writing and whether or not such information is expressly stated to be confidential or marked as such). Restricted Information does not include information which is or becomes part of the public domain through no fault of the Agent of Aussie Specialist, or is required to be disclosed by law, a government authority, or for the purpose of obtaining legal or financial advice.
'You': the Agent and the Aussie Specialist jointly and severally.
Any reference in this Agreement to 'writing' or like expressions includes a reference to telex, cable, facsimile, transmission, electronic mail or comparable means of communication.
The headings in this Agreement are for convenience only and shall not affect its interpretation. The Principal reserves the right to amend these terms and conditions at any point in time.
2. AUSSIE SPECIALIST PROGRAM
The Aussie Specialist Program (ASP) is Tourism Australia’s global training program, run in conjunction with Australia’s State and Territory Tourism Organisations (STOs).
The ASP is designed to provide 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.
The Aussie Specialist program is open to international travel agents, i.e. those 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. The Principal reserves the right to refuse registration into the program at any stage.
The program is also open to Australian based Inbound Tourism Operators (ITOs). These are the only Australians who will be able to enter the program and again there are standards that must be met before registration is possible. Australian based Specialists experience a restricted list of benefits, this includes but is not limited to not being entitled to familiarisation trips.
On completion of registration (which shall be undertaken electronically by way of the Principal`s website), the Principal shall provide the Nominated Person with electronic access to training materials.
On successful completion of all training modules together with a final examination, the Nominated Person will be awarded non-exclusive Aussie Specialist status.
The award of Aussie Specialist status to a Nominated Person shall entitle the Agent as the employer of the Nominated Person to advertise itself as having the services of an Aussie Specialist for as long as the Nominated Person remains an Aussie Specialist, and in the employ of the Agent in accordance with this Agreement.
4. DUTIES OF THE AUSSIE SPECIALIST AND AGENT
The Agent and the Aussie Specialist shall use their respective best endeavours to promote and market travel to and tourism in Australia; they shall conduct the promotion and marketing of travel to and tourism in Australia with all due care and diligence and shall cultivate and maintain good relations with customers and potential customers in accordance with sound commercial principles.
The Agent shall procure that its Nominated Persons and Aussie Specialists shall, at the expense of the Agent;
- make themselves available at all reasonable times and upon reasonable notice to the Principal for the training provided by the Principal in respect of Aussie Specialist status, and for consultation and advice relating to this Agreement and travel to and tourism in Australia, at the expense of the Agent,
- attend meetings with representatives of the Principal and such customers or prospective customers as may be reasonable and necessary for the proper performance of its duties hereunder,
- attend such exhibitions and other sales outlets as the Principal or the Agent may think commercially suitable for the purpose of promoting travel to and tourism in Australia,
- and be employed at the offices of the Agent for at least twenty (20) hours per week.
The Agent shall, subject to clause 5 below, be permitted to describe itself as having the services of an Aussie Specialist in respect of travel to and tourism in Australia.
The Agent and Aussie Specialist must not hold itself out or permit any person to hold out as being authorised to bind the Principal in any way, and not do any act which might reasonably create the impression that it is so authorised.
The Agent shall promptly inform the Principal of any complaint concerning any of its Aussie Specialists which it receives and keep the Principal fully indemnified against all costs, claims, demands and expenses incurred or received arising out of the services provided by the Agent and/or the Aussie Specialist hereunder. The Agent shall not engage in any conduct which in the opinion of the Principal is prejudicial to the Principal or the marketing of tourism in and travel to Australia generally.
5. WITHDRAWAL OF AUSSIE SPECIALIST STATUS
The Principal shall be entitled to withdraw an Aussie Specialist’s status immediately or for any reason at all if:
(a) either the Aussie Specialist and/or the Agent commit any breach of these Terms and Conditions and 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 the Principal giving full particulars of the breach and requiring it to be remedied; or
(b) the Aussie Specialist is not available at the offices of the Agent for at least 20 hours per week in accordance with Clause 3;
(c) the performance or service provided by the Aussie Specialist is not adequate in the reasonable opinion of the Principal; or
(d) the Principal has reasonable belief that the Aussie Specialist is a reputational risk.
If the Aussie Specialist's status is withdrawn at any time for whatever reason the Agent 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 the Principal.
The Agent and the Aussie Specialist shall at all times during the continuance of this Agreement and after its termination use their best endeavours to keep all Restricted Information confidential and accordingly not disclose any Restricted Information to any other person; and not to use any Restricted Information for any purpose other than the performance of its obligation under this Agreement.
7. INTELLECTUAL PROPERTY
Nothing in these terms and conditions shall give the Agent or the Aussie Specialist any rights in respect of any trade names or trademarks used by the Principal in relation to Aussie Specialist status, and the Agent and Aussie Specialist hereby acknowledge that except as expressly provided in these Terms and Conditions it shall not acquire any rights in respect thereof, and that all such rights are and remain vested in the Principal. The Agent or Aussie Specialist shall not use any trademarks or trade names so resembling those of the Principal as to be likely to cause confusion or deception.
You agree that under no circumstances shall the Principal be liable for any of Your acts, omissions, debts, or other obligations, or those employees, agents, or representatives in connection with dealings which You may have with, or services You may provide to, any consumers referred by the Principal. You further agree to indemnify and hold the Principal harmless from and against any and all claims, lawsuits, or actions of any nature, and those costs of defending against such claims, lawsuits or actions (including attorneys' fees), arising directly or indirectly from, as a result of, or in connection with dealings which You, Your employees, agents, or representatives You may have with, or services which You, Your employees, agents, or representatives may provide to, any consumer referred by the Principal.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
Any dispute arising under this Agreement or from Your participation in the Aussie Specialist Program shall be governed by the laws of the State of New South Wales, Australia. You agree to submit any dispute arising under or concerning this Agreement to the courts of New South Wales, Australia.
10. LICENCE TO USE LOGO
The Principal is the owner of the Aussie Specialist Program name and logo ('the Trademark'). In consideration of Your participation in the Aussie Specialist Program, the Principal grants You a non-exclusive license to use the Trademark, for the duration of your membership of the Aussie Specialist Program, on the following conditions:
(a) You must ensure that reproductions of the Trademark meet minimum quality and size requirements specified by the Principal from time to time;
(b) You must not allow or authorise others to use the Trademark;
(c) You must not register or apply to register any trademarks, domain names, trading names or other names which include the Trademark, or are substantially identical or deceptively similar to the Trademark;
(d) You must not use the Trademark in any way which is illegal or is likely to damage the Trademark or the reputation of the Principal; and
(e) You must indemnify the Principal against any action, claim, cost, demand, cause of action, proceedings, loss or damage which the Principal may incur or become liable for as a result of Your use of the Trademark.
This licence shall be automatically revoked in the event of termination of this Agreement.
11. ENTIRE AGREEMENT
The Agreement shall constitute the entire agreement between You and the Principal regarding Your participation in the Aussie Specialist Program, and supersedes any prior agreements between You and the Principal relating to the Aussie Specialist Program.
12. EFFECT OF UNENFORCEABLE PROVISION
In the event that any provision of this Agreement is held unenforceable, invalid, or contrary to public policy, the remainder of this Agreement will remain in full force and effect notwithstanding.
13. PRIVACY NOTICE
(a) Storage of Your personal information on databases owned or authorized by the Principal;
(b) The disclosure of Your personal information to the Principal's industry partners, State tourism offices, contractors or agents of the Principal who assist the Principal to operate the Aussie Specialist Program after you have completed relevant Aussie Specialist Program modules; and
(c) The Principal, the Principal's industry partners, and State tourism offices using Your personal information to send you offers and information for Aussie Specialists after you have completed relevant Aussie Specialist Program modules.