AUSTRALIAN TIMBER FLOORING ASSOCIATION LTD (ATFA).
1. In General
Access to and use of the Australian Timber Flooring Association Ltd. (ABN: 16 524 524 226) (ATFA) Website and the products and services available through this Website (the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by ATFA from time to time. You should check this page regularly to take notice of any changes ATFA may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and ATFA reserve the right to withdraw or amend the Services without notice. ATFA will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, ATFA may restrict access to some parts or all of the ATFA Website.
You must not misuse the ATFA Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the ATFA Website. ATFA will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of ATFA or its service providers and are protected by copyright laws and treaties around the world. All such rights are reserved by ATFA and its service providers. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the ATFA Website nor may you use any such content in connection with any business or commercial enterprise.
All trademarks appearing on this website belong to their respective owners and must not be used, republished or modified in any way without obtaining the prior written consent of the owner.
5. Terms of Service
By placing an order or completing a registration you are offering to purchase a product or service on and subject to the following terms and conditions. All orders and registrations are subject to availability and confirmation of the order or registration price.
Product dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which ATFA will not be responsible.
In order to place an order or registration with ATFA you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to ATFA. ATFA retains the right to refuse any request made by you.
If you transact any business with ATFA or through this website, you may be asked to agree to another set of terms and conditions relating to that particular transaction before you can proceed. Unless so requested or otherwise indicated, then these Terms apply also to any such transaction or contract arising from that transaction.
Revenue received by ATFA for products and services is applied to maintain the quality and diversity of ATFA membership services.
a. Our Contract
When you place an order or register for a service, you will receive an acknowledgement e-mail confirming receipt of your order, with an invoice attached. This email will be an acknowledgement and constitutes acceptance of your order. A contract with ATFA for the purchase of the services or service is subsequently formed. Your payment is due until your payment has been debited from your credit card or a cleared payment is received (subject to refund conditions). Upon receiving your order or registration payment advice, ATFA carry out standard payment processing, which in turn verifies there are sufficient funds to fulfil the transaction.
b. Pricing and Availability
Whilst ATFA try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If ATFA discover an error in the price of any services which you have ordered or registered for, ATFA will inform you of this as soon as possible and give you the option of reconfirming your order or registration at the correct price or cancelling it. If ATFA are unable to contact you, ATFA will treat the order as cancelled. If you cancel and you have already paid for the services, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; these reflect the standard Australia Post pricing based on size and weight of the goods.
ATFA reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. ATFA reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
6. Refund Policy
Products – for hard copy manuals, e-publications and brochures, once payment has cleared and the products are dispatched a refund is ineligible. Should a refund be requested prior to packaging of hard copy products a full refund will be provided, whereas if packaged, the cost of packaging will be retained and a refund for the balance provided.
Services – for training and events, a full refund will only be provided where a participant/s provides 14 full days prior notice in writing regarding the training or event being conducted, or if the training or event is cancelled or postponed. Inside 14 days of the training or event a refund is ineligible. Anyone attending training or an event from interstate of the location or from any distance, please contact the ATFA office (1300 36 1693) before confirming any travel arrangements. ATFA bears no responsibility for travel costs incurred due to cancelled or postponed training or events.
7. Disclaimer of Liability
The material displayed on the ATFA Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, ATFA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever. This includes but is without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services and services, arising out of or related to the use, inability to use, performance or failures of the ATFA Website and any materials posted thereon. This is irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Although ATFA aims to ensure the content on this website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. ATFA may change the content on this website at any time without notice. Also, as the Internet is inherently insecure, ATFA cannot guarantee the security of data contained on the website. Some transactions on this website may be affected using cloud facilities, for which ATFA cannot be held responsible in respect of any access or recovery of data issues.
8. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. ATFA reserve the right to withdraw linking permission without notice.
The ATFA website (or social media websites on which ATFA maintain a presence) may contain links to other sites over which ATFA have no control. Those links are provided for your convenience only, and ATFA are not responsible for their use, effect or content.
ATFA make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor does ATFA endorse any information, opinions, services or services referred to on them.
9. General information and not legal advice
ATFA maintains this website as an information service to its Membership and to provide a general summary and overview of our activities to the public. None of the information provided on the ATFA website is represented or implied to be legal, accounting, financial or investment advice and ATFA do not invite and do not expect any person to act or rely on any statement, opinion, representation or inference expressed or implied on this website. You must make your own enquiries and obtain your own professional advice appropriate to your own circumstances, before acting or relying on any content.
ATFA do not accept any responsibility for any errors or omissions on this website and disclaim absolutely all liability for the consequences of any act or omission arising out of the use or otherwise of the information on this website. In no event is ATFA liable for any loss or damage, directly or indirectly, arising out of or in connection with the use of this website or the information set out herein or referable or linked to it and whether consequential or foreseeable or otherwise and howsoever arising.
Membership – a refund for membership once paid is not eligible.
You agree to indemnify, defend and hold harmless ATFA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the ATFA Website or your breach of the Terms of Service.
If you breach these conditions and ATFA take no action, ATFA will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
12. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to any jurisdiction within Australia.
13. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ATFA. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of ATFA.