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This page contains Terms & Conditions for both non members and members

 

Website Terms & Conditions – Non Members

In these terms and conditions, “we” “us” and “our” refers to the Australian Shop and Office Fitting Industry Association Limited (ASOFIA).  Your access to and use of all content and information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

 

Users

1. In order to access some of the services provided on this website, you must provide certain information about yourself, especially if advertising in the Subcontractor Listing as set out below. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide.
2. You agree to ensure that your details are true and accurate at all times and you undertake to notify us of any change of your details from time to time when they change.
3. Upon purchase of a Subcontractor Listing you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your Subcontractor Listing at any time if you breach these terms and conditions.

 

Our Website Services

5. All prices are in Australian Dollars (AUD) and are inclusive of GST.  We endeavour to ensure that our price list is current.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices change.

 

Product Descriptions

6. For the purpose of these Terms and Conditions, “products” includes Subcontractor Listings.

7. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission. 

8. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

 

Product Orders

9. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

10. All prices are in Australian Dollars (AUD) and are inclusive of GST.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. 

11. Packaging and postage is an additional charge, which will be available on our website at time of purchase.

12. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

13.We undertake to accept or reject your order within fourteen (14) days.  If we have not responded to you within fourteen (14) days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product available or in stock.

14.  Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

15.  Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page. 

16.  All risk of loss or damage to the goods passes to you when we despatch the goods.

 

Order Cancellation Due To Error

17.  Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

 

Product Returns

18.  We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition.  If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.

19.  If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

20.  Once you have notified us through our website that you wish to return faulty, damaged or undamaged product, you may return the product to ASOFIA’s National Office so long as you provide valid proof of purchase eg. tax invoice, receipt and/or packaging slip.

 

Site Access

21.  When you visit our website, we give you a limited licence to access and use our information for personal use and you give us a limited licence to access and use the information you provide.

22.  We do not grant any sub-licence to any third parties to use the information you provide on our website or, except as permitted under the Copyright Act 1968 (Cth), copy reproduce, republish, distribute or display any of the information you provide on our website.

23.  You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

24.  Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

25.  The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission.  We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

 

Hyperlinks

26.  This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

27.  You may link our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Intellectual Property Rights

28.  The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

29.  All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

30.  Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

31.  If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 

Disclaimers

32.  The information we provide on this website is of a general nature only.  We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.

33.  We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it. 

34.  To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

35.  We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

36.  From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders, sponsors and the like.  Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.

 

Limitation of Liability

37.  To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.

 

Indemnity

38.  By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 

 

Tenders

39.  We are not liable for any breach of copyright which may occur when members and non-members of ASOFIA access the Tender section of the website.  Using the Tender service is entirely at your own risk.

40.  We do not guarantee or make any warranties that you will receive any response from our members through the Tender service provided on our website.  We also make no guarantees or warranties in relation to the availability or suitability of any of our members for such work.

41.  Should a dispute arise in relation to the use of the Tender service on our website or in relation to any work resulting from the use of the Tender service on our website, you provide us with a full indemnity and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any such dispute.

 

Subcontractor Listings

42.  You may from time to time provide your details to be added to listings of subcontractors on our website (Subcontractor Listing), who may be contacted by members of ASOFIA who wish to engage your services.

43.  You also acknowledge that a fee is payable to be listed in the Subcontractor Listing on our website.  The amount of this fee is available in the Subcontractor Listing section of our website and is subject to change in ASOFIA’s sole discretion from time to time. You acknowledge that the fee applicable to be included within the Subcontractor Listing of this website is renewable in July each year. Non payment within 30 days will result in the listing being deleted. Pro rata listing fees are not available regardless of the time of the year that you elect to be listed within the Subcontractor Listing area of the website.

44.  You acknowledge that you are not a member of ASOFIA and that completing registration to be added to the Subcontractor Listing does not entitle you to any of the rights a member of ASOFIA enjoys.

45.  We make no representations or warranties to you in relation to the availability, quality, or suitability to your specialty of any of the queries you may receive through being listed in the Subcontractor Listing on our website.

46.  Should a dispute arise in relation to the use of the Subcontractor Listing on our website, to the quality, provision or completion (or lack thereof) of any work, or in relation to payment for any work resulting from the use by any ASOFIA members of your services, you provide us with a full indemnity and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any such dispute. 

 

Showcase pages

47.  You acknowledge that we may from time to time offer to ASOFIA members the opportunity to develop and maintain a showcase page on our website for a fee payable by ASOFIA members and as fixed by us from time to time.

48.  Should you choose to access the showcase page of any ASOFIA member, you provide us with the full indemnity in relation to your use of the showcase page as set out in clause 38.

 

Membership Directory

49.  We will maintain and update a director of all ASOFIA members on our website.

50.  We take all due care in ensuring that the directory of members is updated as we receive new information.  However, we are not responsible or liable to you in any way if such directory of members is not up to date.

 

Jurisdiction

51.  These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

52.  If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy

53.  We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

54.  Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

 

Website Terms & Conditions – Members

In these terms and conditions, “we” “us” and “our” refers to the Australian Shop and Office Fitting Industry Association Limited (ASOFIA).  Your access to and use of all content and information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

 

Members

1. In order to access many of the services provided on this website, you must become a member. To become a member you must complete and submit a membership application in accordance with the ASOFIA’s Constitution. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on your membership application.

2. You agree to ensure that your membership details are true and accurate at all times and you undertake to update your membership details from time to time when they change.

3. On approval of membership, we will provide you with a password and user name for access to the member only areas of the website. If you elect to utilise any other areas of the website that incur a cost, you agree to pay for those services as set out within our website.

4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

 

Our Website Services

5. All prices are in Australian Dollars (AUD) and are inclusive of GST.  We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices change.

 

Product Descriptions

6. For the purpose of these Terms and Conditions, “products” includes registration for events and conferences.

7. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission. 

8. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

 

Product Orders

9. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

10.  All prices are in Australian Dollars (AUD) and are inclusive of GST.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. 

11.  Packaging and postage is an additional charge, which will be available on our website at time of purchase.

12.  When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

13.  We undertake to accept or reject your order within fourteen (14) days.  If we have not responded to you within fourteen (14) days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product available or in stock.

14.  Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

15.  Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page. 

16.  All risk of loss or damage to the goods passes to you when we despatch the goods.  

 

Order Cancellation Due To Error

17.  Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

 

Product Returns

18.  We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition.  If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.

19.  If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

20.  Once you have notified us through our website that you wish to return faulty, damaged or undamaged product, you may return the product to ASOFIA’s National Office so long as you provide valid proof of purchase eg. tax invoice, receipt and/or packaging slip.

 

Site Access

21.  When you visit our website, we give you a limited licence to access and use our information for personal use and you give us a limited licence to access and use the information you provide.

22.  We do not grant any sub-licence to any third parties to use the information you provide on our website or, except as permitted under the Copyright Act 1968 (Cth), copy reproduce, republish, distribute or display any of the information you provide on our website.

23.  You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

24.  Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

25.  The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission.  We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

 

Hyperlinks

26.  This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

27.  You may link our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Intellectual Property Rights

28.  The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

29.  All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

30.  Any comment, feedback, idea or suggestion (called”Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

31.  If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 

Disclaimers

32.  The information we provide on this website is of a general nature only.  We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.

33.  We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it. 

34.  To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

35.  We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

36.  From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders, sponsors and the like.  Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.

 

Limitation of Liability

37.  To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.

 

Indemnity

38.  By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 

 

Tenders

39.  We are not liable for any breach of copyright which may occur when members and non-members access the Tender section of the website.  Using the Tender service is entirely at your own risk.

40.  We do not guarantee or make any warranties that you will receive any work from the Tender service provided on our website.  We also make no guarantees or warranties in relation to the availability or quality of such work.

41.  Should a dispute arise in relation to the use of the Tender service on our website or in relation to any work resulting from the use of the Tender service on our website, you provide us with a full indemnity and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any such dispute.

 

Subcontractor Listings

42.  You acknowledge that we may from time to time provide listings of subcontractors on our website, who you may wish to use for particular work.

43.  You also acknowledge that these subcontractors pay a fee to be listed on our website, but are not members of ASOFIA.

44.  We make no representations or warranties to you in relation to the quality of work of any subcontractors listed on our website.

45.  Should a dispute arise in relation to the use of the subcontractor list on our website, to the quality or provision of any work, or in relation to payment for any work resulting from the use of any subcontractors listed on our website, you provide us with a full indemnity and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any such dispute. 

Showcase pages

46.  You acknowledge that we may from time to time offer to you the opportunity to develop and maintain a showcase page on our website for a fee payable by you and as fixed by us from time to time.

47.  Should you choose to develop and maintain any such showcase page, you provide us with the full indemnity in relation to your use of the showcase page as set out in clause 43.

 

Membership Directory

48.  We will maintain and update a directory of all ASOFIA members on our website.

49.  We take all due care in ensuring that the directory of members is updated as we receive new information.  However, we are not responsible or liable to you in any way if such directory of members is not up-to-date.

 

Communication Facilities

50.  Our website contains an electronic discussion board, chat rooms, and other communication facilities which provide for feedback by members of ASOFIA and users of our website, real-time interaction between users (including individuals referred to as guests and members) and other electronic messaging and notice services (Communication Facilities).

51.  It is a condition of your use of any of the Communication Facilities and your access to our website that you do not do any of the following:

51.1  restrict or inhibit any other user from using or enjoying any forum;

51.2  post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

51.3  post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

51.4  post or transmit any material of any kind which contains a virus or other harmful component;

51.5  post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;

51.6  delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or

51.7  download any file posted by any other user of a forum if you know, or ought reasonably to know that the file cannot legally be distributed in such manner.

52.  We may from time to time monitor or review the contents of our Communication Facilities.  While we reserve our right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or these terms and conditions, we have no obligation whatsoever to monitor any of the Communication Facilities or to edit, delete or refuse to post such content, nor are we responsible for any contents in the Communication Facilities (including any information, comments and/or advice of any individual referred to as a guest or member whole statements on our website are solely their own).

53.  You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communication.

54.  We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which contravene any applicable or relevant law.

 

Jurisdiction

55.  These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

56.  If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy

57.  We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

58.  Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

 

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