Building Service Contractors Association of Australia Ltd

Membership Terms for BSCAA

Last updated: June 2021

These Member Terms (‘Terms’) apply to all Members of this Website. In signing up for any membership of our Website, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. By continuing to use the Website after any update to these Terms, you agree to the updated Terms. If you do not agree to these Terms, then you must stop using the Website immediately.

DEFINITIONS

BSCAA Branding means the name Building Service Contractors Association of Australia and BSCAA associated logos, image and livery including registered and unregistered trademarks.

‘BSCAA Member Logo (Badge)’ means the logo that signifies a person or body corporate is a current, qualifying member of BSCAA and includes the word ‘member’.

BSCAA Code of Practice means the standards to which a BSCAA Members agrees to undertake in their business dealings.

‘Content’ means any and all material, links, words, images, videos, techniques, ideas, recommendations, comments, posts and other information posted on or through the Website.

‘Division’ means any one the seven State or Territory Building Service Contractors Associations of: Queensland, New South Wales, ACT, Victoria, Tasmania, South Australia and Western Australia.

GST and GST Law have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

‘Member’ means a qualifying, registered member of the Website who has access to the Content and products and services that may be on or offered through the Website from time to time.

‘We’, ‘our’ and ‘us’ or ‘BSCAA’ means Building Service Contractors Association of Australia (ABN 62 609 343 679), which is a national employer organisation and peak representative body whose purpose is to foster and encourage the growth and development of the contract cleaning, security, facilities management and grounds maintenance industries, and to promote and protect the interests of Members.

‘Website’ means www.bscaa.com

‘You’ means the Member of the Website and BSCAA.

  1. HOW IT WORKS
    1. BSCAA is a national organisation that acts as the national board for the seven State or Territory Divisions of: Queensland, New South Wales, ACT, Victoria, Tasmania, South Australia and Western Australia.
    2. We provide the Website to offer resources, training, events, updates, educational information and to facilitate sharing of information amongst Members.
    3. In order to access the features of the Website, you are required to register as a Member and to agree to these Terms.
  2. REGISTRATION
    1. In order to use our Website, you need to register and set up an account.
    2. Access to our Website will require you to provide us with personal information about you to allow us to provide you with services as members of BSCAA.  We treat all personal information submitted to us in accordance with our Privacy Policy.
    3. To use our Website, you must provide us with truthful, accurate and complete registration information. If any such information changes, you must immediately update your registration information.
    4. We have the right to verify the truth and accuracy of any registration information at any time, including, but not limited to, by contacting the State or Territory divisional organization of which you are a member. You must respond promptly to any request we make to verify the truth and accuracy of any registration information and if you do not respond promptly we may suspend or terminate your account and refuse any and all current or future use of the Site or any part of it. Please be advised that if any information is determined by us to be misleading, inaccurate or untruthful, we may restrict, deny or terminate your account and/or your access and use of the Services.
    5. You are responsible for maintaining the confidentiality of your password or login details and you are fully responsible for all liability and losses resulting from your failure to maintain that confidentiality.
    6. You are responsible for all usage and activity on your account with us, including use of the account by any employee.
    7. You agree that we may rely on any instruction or request supplied to us on the Webform or by email which is reasonably believed by us to be genuine and to have been sent or presented by a person reasonably believed by us to be authorised to act on your behalf.
    8. We accept payment of registration frees by credit card, direct deposit or cheque. We do not process any payments on the Website or store credit card information on the Website, and in the event payment transactions occur on our Website, we pass credit card information to Stripe (a third-party payment processor) using secure payment technology and Stripe processes the transaction and send us the confirmation of payment: For further information about Stripe visit its website.
    9. You must notify us by e-mail at national@bscaa.com as soon as you become aware of any confirmed or suspected unauthorised uses of your account, or any confirmed or suspected loss or unauthorised disclosure of your password or login details.
    10. Any fraudulent, unauthorized or otherwise illegal activity on the Website may be grounds for us to suspend or termination your access to the Website and the supply of the Services, without prejudice to our rights under any other terms of these Terms.
  3. LICENCE TO USE THE WEBSITE
    1.  Subject to these Terms, we grant you a licence to use the Website. The licence to use the Website created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
    2. You may not use the Website for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Website terminates upon your cessation of use of the Website or upon termination of these Terms.
  4. LICENCE TO USE BSCAA MEMBER LOGO (BADGE)
    1. Current financial Members are granted a non-exclusive, limited, non-transferable and revocable licence to use the the BSCAA Member Logo (Badge) only, in accordance with these Terms.
    2. In consideration of being authorised to use the BSCAA Member Logo (Badge) by BSCAA you warrant that:
      1. you will at all times follow the BSCAA Code of Practice;
      2. you will maintain documentary records sufficient to demonstrate your compliance with the relevant criteria set out in the Designer Guidelines and BSCAA Code of Practice;
      3. you will cooperate fully with BSCAA or our representatives if required to submit to a compliance audit or investigation in respect of your use of the BSCAA Member Logo (Badge), including, but not limited to, supplying us with samples of any material on which the BSCAA Member Logo (Badge) appears;
      4. you are not permitted to use the BSCAA Branding at any time;
      5. you will not make any false and misleading claims about the relationship between you and BSCAA;
      6. you will not make any actions or statements which have potential to bring the BSCAA Member Logo (Badge) or BSCAA into disrepute; and
      7. you will not take any action that would or might put in dispute BSCAA’s title to the BSCAA Member Logo (Badge).
    3. If your membership has lapsed or you have not made your membership fees, you are no longer licensed to use the BSCAA Member Logo (Badge). If your membership is not renewed, you must immediately remove the BSCAA Member Logo (Badge) from your website, social media accounts and any other material you publish or in your possession including, but not limited to, tender documents, reports, flyers, brochures, business cards, internal documents, advertising banners, etc.
    4. The BSCAA Member Logo (Badge) can be used on:
      1. The Member’s website;
      2. Social media accounts operated by the Member, with the BSCAA tagged accordingly;
      3. Material such as:

        · Tender documents
        · Reports
        · Flyers
        · Brochures
        · Business cards
        · Internal documents
        · Advertising banners
      4. We have the right to terminate or suspend your license to use the BSCAA Member Logo (Badge), with or without notice for any breach of these Terms or BSCAA Code of Practice or for any reason in our sole discretion.
      5. Questions about the use of the BSCAA Member Logo (Badge) can be directed to BSCAA via email at national@bscaa.com
      6. You are not permitted to use any other BSCAA Branding at any time.
    5. CONDITIONS OF MEMBERSHIP OF THE WEBSITE
      1. You will not share your password or login details with any other person.
      2. You will not transfer, sublicense or grant access to any of our Content or the Website to any other person, company or business, except as agreed in these Terms.
      3. You will not share, recreate or otherwise reproduce any Content or anything else provided on or provided through our Website, or otherwise transmitted to you by us, except as agreed in these Terms and as intended. No reproduction, distribution or transmission of the copyrighted Content is permitted without our written permission.
      4. You warrant that you have the full legal capacity and authority to agree to these Terms on behalf of yourself and (if applicable) your organisation.
      5. You will not sell, resell, share or otherwise provide any Content in any way, manner, medium to any third party, or create derivative works from the Content.
      6. You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.
      7. You will keep your contact, payment and other information updated.
      8. You will use our Content and Website in good faith and will not manipulate, alter, circumvent or in any way use our Content or Website in an unlawful manner or for unlawful means, whether directly or indirectly.
    6. DISCLAIMER
      1. The Content and the Website are for educational purposes only, are general in nature only and are not in any way to be construed as individual or personal advice. Any reliance you place on such information is therefore strictly at your own risk.
      2. The Content does not take into account your individual or business situation or needs. You should, before you act on or use any of the Content, consider the appropriateness of this information having regard to your own personal or business situation and needs.
      3. You are responsible for consulting a suitable professional before using any of the Content offered online or accessed through our Website or taking any course of action that may directly or indirectly affect you or your business including but not limited to: your health or wellbeing, your business or finances, any tax or legal issues. Our Content and Website are not a substitute for or intended to take the place of proper professional advice.
      4. We do not warrant, promise or guarantee that any of the Content or use of the Website will produce a particular result. We are only providing general educational information. At no time do we provide any guarantees or warranties in relation to this Content or the Website.
    7. CANCELLATION AND TERMINATION
      1. You are solely responsible for cancelling your membership in writing or by non payment of fees.
      2. We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or for any reason in our sole discretion.
      3. We may terminate or suspend your membership if you fail to pay any fees or payments when payment is due.
      4. A person or body corporate ceases to be a registered member of our Website, if the person or body corporate:
        1. if an individual, dies or is declared bankrupt or otherwise ceases to be qualified for membership of BSCAA or a Division;
        2. if a body corporate, enters a state of insolvency, receivership or is wound up, or otherwise ceases to be qualified for membership of BSCAA or a Division;
        3. resigns from membership of BSCAA or a Division;
        4. is expelled from membership of BSCAA or a Division; or
        5. allows their membership of BSCAA or a Division to lapse.
      5. Upon such termination, regardless of the reasons, your right to use the Website and our Content immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Content.
      6. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
      7. If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.
    8. CONTINUING PROFESSIONAL DEVELOPMENT
      1. Our Website may contain information about training courses, educational courses, continuing professional development courses, templates and live/recorded/online training or educational content (‘continuing professional development courses’), which are provided by an independent third party provider of continuing professional development courses and not by BSCAA. All webinars are provided by BSCAA.
      2. The terms of supply of such continuing professional development courses on the website of the independent provider will govern your selection and your purchase of registration for such continuing professional development courses.
      3. Any Member who seeks access to the online continuing professional development materials provided by on our Website does so strictly on the basis that they acknowledge:
        1. We do not warrant the accuracy, reliability or completeness of the information or that the material is fit for any particular purpose;
        2. The information is provided for educational purposes only and does not constitute advice whether the continuing professional development courses are suitable for the individual accessing the information. Independent professional advice should be sought for specific factual circumstances of the individual accessing the information.
        3. You are contracting directly with the course provider and we are only a facilitator and are not responsible for any third party provider.
        4. The information is provided on the basis that all persons accessing this information undertake responsibility for assessing the relevance and accuracy of that information and whether the continuing professional development courses are suitable for the individual accessing the information.
    9. BSCAA EVENTS: SEMINARS, WORKSHOPS, INDUSTRY EVENTS, CONFERENCES & AWARD CEREMONIES
      1. BSCAA Events
        Our Website may contain information about seminars, workshops, industry events, conferences and award ceremonies that are provided by or made available to us (‘BSCAA Events’) from time to time.
      2. Payments for BSCAA Events
        All bookings made prior to any BSCAA Event must be paid in full to guarantee registration. Following our receipt of payment, an email confirmation and a receipted GST invoice will be sent. If payment is not made at the time of booking, registration will be provisional.
      3. Use of Photos Taken at BSCAA Events
        BSCAA take photos of attendees at events and may use these photos in their marketing and promotional material. If you do not want your photo used during these events, please advise us in writing to national@bscaa.com.
      4. Access Requirements
        Any person attending a BSCAA Event should advise us of any special access requirements at the time of registration.
      5. Substitutions & Cancellations
        The person or body corporate registering for any BSCAA Event may nominate an alternative person from their same organisation to attend the BSCAA Event, at no extra charge. Should substitution not be possible, any refund will be made in accordance with our cancellation policy. All substitutions and cancellations must be received in writing.
      6. Alterations to Program – Cancellation/Postponement of BSCAA Events
        1. We reserve the right to make alterations to our event programs, venues and timings of sessions on the event programmes.
        2. In the unlikely event of a BSCAA Event being cancelled by us, a full refund will be made. Our liability will be limited to the amount of the fee paid for registering for the BSCAA Event.
        3. In the event we determine a postponement of the BSCAA Event or any other change of dates or times of the BSCAA Event is necessary, for whatever reason, we may postpone the BSCAA Event or change the dates or times of the BSCAA Events at our sole discretion, and we will not be liable for any expenditure, damage or loss incurred by person or body corporate registering for the BSCAA Event resulting from the postponement or the change of dates or times of the BSCAA Event, subject to ability to cancel the registration and any refund will be made in accordance with our cancellation policy.
      7. Cancellation policy
        If you are unable to attend or wish to cancel your place at a BSCAA Event, the following will apply:
        1. you will receive a full refund less an administration fee, if you have cancelled in writing a minimum of 14 days prior to the event.
        2. There are no refunds for any cancellation made within 14 days of the BSCAA Event.
        3. There are no refunds for non-attendance and no partial refunds for any late arrivals at the BSCAA Event.
        4. If BSCAA is required to cancel the BSCAA Event, you will receive a full refund.
      8. Data Protection
        By registering for an BSCAA Event, you consent to having your details provided on registration accessed by BSCAA personnel, the BSCAA board of directors and committee members and BSCAA’s software or database service providers and your details may also be distributed to event attendees and sponsors and partners involved in the organization of any BSCAA Event. If you wish to opt out of distribution of your details to event attendees and sponsors and partners involved in the organization of any BSCAA Event, then you must opt out at the time of registration for the BSCAA Event.
    10. DISCLAIMER
      1. You use the Website and the Content at your own risk.
      2. It is an essential pre-condition to you using our Website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of our Website or its Content, whether from errors or from omissions in our Content, any goods or services we may offer or from any other use of the Website and/or our Content. This includes your use or reliance on any material provided by third parties that can be linked to via our Website. Your use of, or reliance on, any information or materials on this Website and/or our Content is entirely at your own risk, for which we will not be liable.
      3. In relation to the Website or its Content, To the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties or guarantees which may be implied by custom, law or any statute other than the ACL, are expressly excluded by these Terms.
      4. Except for your statutory rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the Content or the Website will be provided with due care and skill and fitness for a particular purpose.
      5. When your statutory rights do apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any services again or the payment of the cost of having any services supplied again.
      6. In the event of any successful claim, our liability is limited to the amount of any fees last paid by you to us.
    11. INDEMNITY
      1. You agree to indemnify us and any related body corporate and the respective directors, officers, employees, independent contractors, agents and successors from and against any and all claims, charges, actions, liabilities, investigations, demands, losses, expenses, damages, costs and expenses (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown (including all reasonable legal fees), made by any person or legal entity which arises out of or in any way related to:
        (a) your use of the Website or its Content;
        (b) your breach of any provision of these Terms; or
        (c) any unauthorised use of our Website or its Content by you or anyone obtaining your login information.
    12. RELATIONSHIP
      1. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
    13. INTELLECTUAL PROPERTY
      1. All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.
      2. All other trademarks or service marks within the Website are the property of their respective owners. Except for the grant of a licence to use the BSCAA Logo (Badge) set out in clause 4, nothing in these Terms grants you any right to use any trademark, service mark logo, our name or the name of any advertisers or other Members, or any other Content.
      3. You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on the Website. Any unauthorised use of the Content appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
    14. CHANGES TO WEBSITE
      1. You acknowledge and agree that we may, in our sole discretion, vary, alter, amend, change or update the Website at any time.
      2. You acknowledge, agree and accept that the Website may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
      3. You acknowledge, agree and accept that we take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for, the Website being temporarily unavailable, whether due to reasons within our control or not.
    15. CHANGES TO TERMS
      1. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in our sole discretion. If you continue to use the Website following any such variation or amendment you will be deemed to have confirmed and agreed to the new Terms as varied or amended.
      2. You agree to routinely monitor these Terms and to refer to the effective date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear your cache when doing so in order to avoid accessing a prior version of these Terms.
      3. In the event that you fail to monitor any modifications to or variations of these Terms, you agree that such failure shall be considered an affirmative waiver of your right to review the modified or varied Terms.
    16. CONSENT TO DATA USE
      1. You hereby agree that we may collect, monitor, review, analyse, use, share or sell to third parties, data or information we collect from your use of the Website or associated services.
    17. PRIVACY POLICY
      1. Through your use of the Website, you may provide us with some of your personal information.
      2. We take our privacy obligations very seriously. We may use the information we collect about you to maximise the services that we provide to you and to improve the Website. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
      3. Please refer to our privacy policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.
    18. ADVERTISING
      1. Through the Website, we may engage in affiliate marketing whereby we receive a commission on or a percentage of proceeds of sales of third party goods and services that occur through our Website.
      2. Through the Website, we may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Website, or we may receive other forms of advertising compensation.
    19. THIRD PARTY LINKS
      1. You hereby acknowledge that we may from time to time include links or references to other websites or apps, other content or other materials (hereinafter ‘Third Party Links’), none of which are controlled by us.
      2. You hereby acknowledge that these Third Party Links are provided for your information only and that we do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at your own risk.
    20. DISPUTE RESOLUTION
      1. If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
      2. In the event of any dispute between the parties that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
    21. NO WAIVER
      1. None of our powers or rights created under these Terms shall be deemed to have been waived by any act or acquiescence of us. Our powers or rights under these Terms may only be waived by us in writing. No waiver by us of any power or right under these Terms shall constitute a waiver of any other power or right or of the same power or right on a future date. Our failure to enforce any provisions of these Terms shall not constitute a waiver of such provision or any other provision.
    22. SEVERABILITY
      1. If any provision of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in these Terms.
    23. GOVERNING LAW
      1. These Terms are governed by the laws of the State of Queensland, Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of the State of Queensland, Australia for determining any dispute concerning these Terms.
    24. CONTACT US
      1. You may contact us about these Terms at national@bscaa.com
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