Reviewed August 2018

As a User of the ABSA website and/or ABSA products and services please be aware of the following Terms of Use

General
The Australian Building Sustainability Association (ABSA) Limited (ABN 90 121 643 070) reserves the right to change its Terms and Conditions and policies from time to time. It is your responsibility to keep up to date with, and adhere to, these changes. It is the responsibility of all members, purchasers and users of ABSA services to keep their personal contact details and profile up to date and it is solely their responsibility to pay all monies due to ABSA and provide all necessary documentation and credentials to ABSA as and when requested by ABSA.

1. Online Payment Services
1.1 Online payments do not guarantee immediate access to the services purchased. Processing can take up to three business days in peak periods although one business day is an average time for order fulfilment
1.2 ABSA’s online merchant services are facilitated through Bendigo Bank and are governed by the Bendigo Bank Merchant Terms and Conditions
1.3 In no event will ABSA be liable for any indirect, special, incidental loss or damage or for any loss of profit arising from your use of ABSA’s online merchant services. Neither ABSA nor the Bendigo Bank, warrants that the online merchant services will be free of computer viruses or other conditions that could damage or interfere with data, hardware or software
1.4 Your failure to provide information at the times and in the forms requested may result in a delay or failure of ABSA to process an application or request made by you
1.5 All pricing includes GST and is processed in Australian Dollars

2. Fees, Cancellations and Transfers
2.1 Membership (Individual, Student and Corporate) and accreditation with ABSA is on a recurring 12-monthly basis and all fees are non-refundable after 28 days of the initial purchase date. A refund for membership or accreditation will only be granted if a written request is received by ABSA within 28 days of the initial membership/accreditation application. An administration fee of $165 (GST inclusive) will be charged for refund processing
2.2 Registrations to attend ABSA events are non-refundable, however, if the registrant advises inability to attend in writing 24 hours before the event commences, registrants may use their event credit by nominating a substitute event. In the instance of an ABSA event being cancelled by ABSA, a refund of the event fee may be made available on application
2.3 Training cancellation will only be considered on the following basis:

2.3.1 Within five (5) working days of course commencement – no refund
2.3.2 Five (5) to ten (10) working days prior to course commencement – 50% refund
2.3.3 More than ten (10) working days prior to course commencement – a full refund
2.3.4 An administration charge of $165 (GST inclusive) will be applied to any refund along with a credit card transaction fee if payment was made by credit card
2.3.5 All cancellations must be submitted by email to: admin@absa.net.au
2.3.6 Refunds will not be processed until course materials supplied by ABSA have been returned to ABSA at Level 1, 241 Castlereagh Street, Sydney NSW 2000

2.4 Training transfers will only be considered on the following basis:

2.4.1 You may transfer to another course date if requested no less than five (5) working days prior to the course. If five (5) days or less, training cancellation conditions will apply
2.4.2 You may substitute another participant before the course, in writing, specifying the name, email address and contact phone number of the new attendee up to 48 hours prior to the course but later notice may be considered depending on circumstances
2.4.3 ABSA reserves the right to cancel, reschedule or postpone a course. All affected registered participants will be offered a full refund (no administration fee will be charged), the opportunity to attend the next available course or to transfer to another course offered by ABSA

2.5 Purchase of online Continuous Professional Development (CPD) Modules including Benchmarking Assessments is non-refundable. Once you have been given access to the online CPD module of your choice you are considered to have started this program and there will be no refund of fees for the CPD module. You have a 30 day window to complete the CPD module before your access to the system is denied. Extensions of time to complete CPD modules maybe offered on a case by case basis by writing to ABSA at admin@absa.net.au stating your reasons for an extension. ‘I forgot’, ‘I was too busy’, ‘I changed my mind’ or ‘I didn’t like the content’ are NOT valid reasons for an extension of time. Proof of reasons will be requested by ABSA
2.6 Purchase of Benchmarking Assessments is conditional on acceptance of these Terms and Conditions and is non-refundable.
2.7 Purchase of mentoring is non-refundable. Additional fees of $165/hour (GST inclusive) will be charged if mentoring goes beyond the purchased package or at the request of the person being mentored
2.9 Purchase of advertising is non-refundable. Members may pause a campaign (or reactivate a paused campaign) at any time by notifying ABSA in writing. The balance of the campaign will remain in the member’s account for a six-month period, after which time the campaign will expire
2.10 Purchase of insurance is non-refundable after 28 days of the initial purchase date. A refund request for professional indemnity insurance must be submitted by email to ABSA within one (1) calendar month of purchase and will be considered on a case by case basis. An administration fee of $165 (GST inclusive) will be charged for refund processing
2.11 Purchase of general ABSA products or services is non-refundable if you simply change your mind about a purchased item. Refunds will only be considered under exceptional circumstances and an administration fee of $165 (GST inclusive) will be charged

3. Advertising
ABSA reserves the right to refuse any advertising that it views to be inappropriate for display. Advertising must not promote any products, services or materials that encourage participation in illegal activities, including but not limited to drug use (possession, distribution and consumption of illicit drugs) or any other criminal activity. ABSA will not place any advertising on its website that contains adult material or, in its absolute discretion, material that is likely to offend.

By submitting advertising material to ABSA or authorising or approving the publication of advertising material, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against ABSA, its directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe: the Competition and Consumer Act 2010, the Fair Trading Acts of relevant Australian states/territories or equivalent or other sale of goods legislation; any copyright, trademark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; state/territory or Commonwealth anti-discrimination legislation; the Privacy Act 1988; or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any state/territory).

You warrant that if advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, you have obtained the authority of that person to make use of his/her name or representation or the copy.

All advertising material displayed by ABSA must not attempt to distribute (either directly, or through referral to other websites) any information or material that could harm other users’ computers or that would facilitate inappropriate access to illegal software, websites or other restricted material.

Any logos displayed on the website remain the property of their respective owners.

ABSA reserves the right to change any advertising prices without notice. New prices will come into effect after the conclusion of the current payment period.

ABSA software collects non-personal information, such as a user’s operating system, IP Address, browser type etc to record statistics of its range of users.

ABSA will not be liable for any delay or failure to publish advertising caused by a factor outside ABSA's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

You must not resell advertising space to any third party without ABSA's written consent.

If advertising promotes a competition or trade promotion, you warrant that you have obtained all relevant permits and indemnify ABSA against any loss in connection with the advertising.

By submitting, authorising or approving advertising material for publication by ABSA, you indemnify ABSA and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify ABSA and its directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.

4. Forums and Social Media (When available)
ABSA will collect personal information to register you to use its forums and social media. Although ABSA attempts to moderate all messages on its forums, it cannot be held responsible for any messages posted. ABSA does not vouch for or warrant the accuracy, completeness or usefulness of any message. You agree that neither these forums, nor any person or entity associated with them will be held responsible for any content.

You agree that you will not use our forums to post any material or links to any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law.

You agree that you will not use our forums to engage in any conduct which is unbecoming of a member, prejudicial to ABSA, not in the best interests of ABSA, likely to bring discredit on ABSA, likely to expose ABSA to liability or otherwise contrary to the rules and objectives of ABSA.

You agree that you will not post copyrighted content without the express permission of the copyright holder. Advertisements, chain letters, pyramid schemes and solicitations are also inappropriate in this forum. We reserve the right to remove, edit, close or move any post for any reason at our discretion.

You agree that in the event ABSA becomes aware of or reasonably apprehends conduct of the type referred to in the second, third and fourth paragraphs above, ABSA may at its discretion take action to censure, fine, suspend or expel you in relation to use of or access to these forums in relation to your membership with ABSA generally.

Your use of the forum and social media indicates your acceptance of these forum terms of use.

5. Copyright
This site and its contents are subject to copyright. The site material copyright is owned by ABSA, or in the case of some material, a third party. ABSA does not permit any reproduction of its website, either in whole or in part, without express written consent. The site function and operation copyright is owned by Asset Media trading as membes.

You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

6. Trademarks
This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited. Included trademarks and registered trademarks are trademarks of their respective owners.

7. Disclaimer
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on ‘as is’ basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

ABSA makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Neither ABSA nor its affiliates, directors, officers, employees, agents, contractors, successors or assignees will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Nothing in this disclaimer operates to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 or any equivalent state/territory legislation, or any rights conferred or liability implied by legislation. To the extent permitted by law, ABSA and its suppliers and contractors expressly limit their liability for any breach of any condition or warranty (whether implied by legislation or otherwise) with regard to the replacement of the assessment tool and/or training and exam materials.

8. Viruses
ABSA cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions, which could damage or interfere with the data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release ABSA entirely of all responsibility for any consequences of its use.

9. Internet Transmission of Information
Where appropriate and reasonably practicable, ABSA uses secure internet transmission facilities. ABSA does not, however, make any representation or warranty as to the security of the transmission of that information over the internet. ABSA may make use of cookies on its websites to facilitate a user’s passage through the website and to avoid the need for a user to log in to use individual pages of a website.

10. Third Party Sites
This site may contain links to third party sites. ABSA is not responsible for the condition or content of those sites as they are not under ABSA control. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by ABSA of the sites or the products or services provided on the site. ABSA does not permit any linkages to this site without prior permission.

11. Applicable Law
This site is controlled by ABSA. Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

This site may be accessed throughout Australia and overseas. ABSA makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

12 Privacy
ABSA highly values the strong relationships we have with our customers. The collection of data at ABSA is being handled with full and proper respect for the privacy of our customers. The data we collect is handled sensitively, securely and with proper regard to privacy. ABSA does not disclose, distribute or sell the data we collect from our clients to third parties.

This site uses a feature of your web browser known as ‘cookies’ to store information and identify you to the system while you are on a session. No personal details are contained in the cookies.

Please contact ABSA at admin@absa.net.au if you have any queries.

The ABSA Team