Terms and Conditions

Last updated 24 July 2023

1. About the Website

Welcome to the website of the Woodworkers Association of NSW - https://www.woodworkersnsw.org.au (Website).

The Website provides general information and allows members of the Association to register for Training Courses (Courses) and make Workshop Bookings.

The Website is operated by the Woodworkers Association of NSW Inc (ABN 51 544 261 324) (WWA). Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

The WWA reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the WWA in the user interface.

3. Your obligations as a Member or User of the Website

As a Member of the Association or a user of the Website, you agree to comply with the following:

you will use the Website only for purposes that are permitted by:

the Terms; and

ii.

any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the WWA Committee;

any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the WWA of any unauthorised use of your email address or any breach of access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the WWA providing the Courses and Workshop Bookings;

you will not use the Courses and Workshop Bookings and or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your access to the Courses and Workshop Bookings. Appropriate legal action will be taken by the WWA for any illegal or unauthorised use of the Website; and

you acknowledge and agree that any automated use of the Website or the Courses and Workshop Bookings is prohibited.

4. Payment

Payment for the Courses and Workshop Bookings (Services Fee) must be made by way of:

Electronic funds transfer (EFT) into our nominated bank account for Courses; and

ii.

Cash payments at the Workshop for Workshop Bookings.

In using the Website, or when making any payment in relation to the Courses, you warrant that you have read, understood and agree to be bound by these terms and conditions.

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that the WWA can vary the Services Fee at any time.

5. Refund Policy

The WWA will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Courses or if the Committee of the WWA makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

6. USER GENERATED CONTRIBUTIONS

The Website, the Courses and all of the related products of the WWA are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Courses and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by the WWA or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by the WWA, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:

use the Website pursuant to the Terms;

ii.

copy and store the Website and the material contained in the Website in your device's cache memory; and

iii.

print pages from the Website for your own personal and non-commercial use.

The WWA retains all rights, title and interest in and to the Website and all related services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

ii.

a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

iii.

a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7. Privacy

The WWA takes your privacy seriously and any information provided through your use of the Website are subject to WWA's Privacy Policy, which is available on the Website.

8. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

ii.

the WWA will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Courses or these Terms (including as a result of not being able to attend the Courses), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and attendance at the Courses is at your own risk. Everything on the Website and at the Courses is provided to you "as is" and "as available" without warranty or condition of any kind. None of the committee or volunteers of the WWA make any express or implied representation or warranty about the Courses or the Workshop referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

ii.

the accuracy, suitability or currency of any information on the Website;

iii.

costs incurred as a result of you using the Website or attending a Course or the Workshop.

9. No liability

By using the Website, you agree that the WWA is not to be held liable for any decisions you make based on information on the Website and any consequences, as a result, are your own. Under no circumstances can you hold the WWA liable for any actions you take nor can you hold us or any of our committee or members liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by the WWA.

All our information on both the Website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and the WWA takes no responsibility for your actions, choices or decisions.

10. Limitation of liability

WWA’s total liability arising out of or in connection with the Website, the Courses, the use of the Workshop or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed $100.

You expressly understand and agree that the WWA, its affiliates, committee or volunteers shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract

The Terms will continue to apply until terminated by the WWA as set out below.

The WWA may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;

ii.

the WWA is required to do so by law;

iii.

the provision of the Courses to you is, in the opinion of the WWA, no longer commercially viable.

Subject to local applicable laws, the WWA reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Courses and Workshop Bookings without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the WWA's name or reputation or violates the rights of another party.

12. Indemnity

You agree to indemnify the WWA, its committee members, members, affiliates, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your conduct;

any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

any breach of the Terms.

13. Dispute Resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii.

If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

iii.

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

iv.

The mediation will be held in Sydney NSW, Australia.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Website can be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

You confirm and declare that the provisions of the Terms are fair and reasonable and that you have had the opportunity to obtain independent legal advice. You declare that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.