Terms of Use

Australian Shared Services Benchmarking Association ABN 48 089 043 454 (‘ASSBA’) trading as Australasian Shared Services Association (‘ASSA’), under its various domain names including its Corporate Website under the domain name ‘australasiansharedservicesassociation.com’ (collectively ‘Website’) resides on servers in the State of Victoria, Australia and in some instances overseas. The Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to the Website constitutes your acceptance. We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on the Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time. The law applicable to use of the Website and to disputes arising out of the Website is the law of the State of Victoria in Australia. If you access the Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

1. Anti-spam notice

Publication of electronic addresses on ASSA’s Website is for the purpose of professional communication only and must not be used to infer consent by ASSA or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

2. Content on this Website

Material or information (‘Content’) on the Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. ASSA does not warrant the accuracy, completeness or adequacy of the content in the Website. You should make your own enquiries before entering any transaction on the basis of the content on the Website.

3. External links and advertisements

The Website contains links to websites maintained by other organisations over which ASSA has no control. ASSA does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk. ASSA makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked, nor is ASSA responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and/or services. You must not create or maintain any link from another website to this website without our written consent.

4. Limitation of liability

ASSA

(i) makes no warranties or representations about the Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Website or any of the Content; (iii) does not guarantee that the Website will not cause damage or is free from viruses or any other defects or errors. Under no circumstances will ASSA be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors. ASSA shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster. ASSA excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website or the Content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, ASSA’s liability for breach of the warranty or guarantee will at its option be limited to the supply of the services again or the payment of the cost of having them supplied again.

5. Copyright in material on this site and restriction of use

Save and except for any third party copyright included on the Website under a licence or agreement, all the Content of the Website and downloads from it, is owned ASSA. All rights are reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

ASSA grants you permission to do the following with the content unless otherwise indicated:

• store a reproduction of the content on your local computer for the sole purpose of viewing it

• print hard copies of the content for non-commercial use or personal use only

• reproduce or distribute any complete page of the content so long as: you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document you do not modify the copy from how it appears on the Website (unless expressly authorised by ASSA)

• this copyright notice appears in its entirety in each copy made or distributed, and the content is appropriately attributed to ASSA.

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the Website including audio and video excerpts without the prior written approval of ASSA.

6. Copyright in other material

ASSA makes no warranties or representations that third party material on the Website or material on other websites to which the Website is linked, does not infringe the intellectual property rights of any person anywhere in the world. ASSA is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking the Website to such material on other sites.

7. Trademarks

Trademarks including but not limited to the words ‘ASSBA’ and ‘ASSA’, unless otherwise indicated, are owned by ASSA in Australia and may be the subject of rights in other countries. You must not use ASSBA’s or ASSA’s trademarks except: (i) by saving or printing out a copy of ASSA’s website as permitted by the copyright notice above; or (ii) as permitted by written agreement from ASSA. The Website may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

8. Indemnification

You agree to indemnify, defend and hold harmless ASSA, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. ASSA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

9. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.

10. Variation of terms of use

ASSA reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

11. Website unavailability

ASSA does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of ASSA.

12. Forums and public communication

Forum includes without limitation; chat area, message board, blog or wiki function, discussion board, instant messaging, mobile messaging or e-mail function offered as part of the Website.

If you participate in any Forum within the Website, you agree to follow our terms set out below; ASSA is not responsible for the content or opinions posted or sent by users in any Forum.

You acknowledge that:

(i) you take responsibility for postings under your username;

(ii) you use the information provided in the Forums at your own risk;

(iii) anything you submit on the Website by way of any Forum is routed through ASSA’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission;

(iv) ASSA does not guarantee and is under no obligations, to take action in response to any suggestions or requests placed by any person within the Forum;

(v) the Forums and features on the Website are forums for public and not private communications.

Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. ASSA cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. ASSA cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

You furthermore agree not to do any of the following:

1. Post, distribute, or otherwise make available or transmit any data, text, or message, that ASSA deems to be: (i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (ii) bigoted, hateful, or racially offensive; (iii) vulgar, obscene, or sexually explicit (language or images); or that (iv) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that (v) infringes and/or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any Forum.

2. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind.

3. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

4. Engage in antisocial, disruptive, or destructive acts, including ‘flaming’, ‘spamming’, ‘flooding’, ‘trolling’, and ‘griefing’ as those terms are commonly understood and used on the Internet. ASSA reserves the right to: (i) remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these terms; (ii) remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum; (iii) comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law; (iv) either via staff posting or otherwise, initiate any discussion based on feedback from members; and (v) otherwise remove or edit content from any Forum at any time and for any reason although it has no duty to do so.

 

13. Password requirement

ASSA members may obtain a password by logging into the ASSA Website and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, please contact us. ASSA may refuse to issue a password, in its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.

14. Password security

You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the website; (ii) record your password in any manner that would indicate to anyone that it is the user’s password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.

15. Registration

Whether you are a member of ASSA or a non-member, you need to register in order to purchase products and services from the Website, enrol into courses or enter competitions. Members may be entitled to receive discounts when purchasing and/or registering for products and services from the Website. Access to some areas of the Website may also be restricted to members only.

16. Registration for ASSA events If you have registered but fail to attend an event, you will be liable for payment unless cancellation is made in writing two (2) business days prior to the event. Online registrations: If you encounter difficulties with online registrations, please contact ASSA by accessing our contact section on our website.

17. Payment Your payment must accompany any registration for all ASSA events, or orders to purchase products.

17.1 Payment terms A Tax Invoice will be issued once processing has been completed. Any dispute regarding the invoice must be notified to ASSA within two (2) business days of receipt of invoice. No product or service shall be delivered to you without payment being received by ASSA.

17.2 Payment types The following credit cards are accepted: • Visa & Mastercard

Online transactions: Fill in your details and ASSA will charge the transaction to your account via PayPal.

18. Prices

Prices are correct at the time they appear on the Website. However, ASSA reserves the right to change prices at any time. The prices appearing on the Website may have a GST component and you are encouraged to check this at point of payment, otherwise the prices include processing, handling, insurance and delivery charges for delivery within Australia. In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted. The GST exclusive price is only available to customers who: • are non-residents • are outside Australia at the time they receive the supply of any other materials • agree to the declaration referred to previously

19. Participation in competitions

All competitions that you may enter on the Website are governed by the relevant State legislation and have their own rules and conditions. You are encouraged to read these carefully before entering into any competitions.

 

Privacy

In addition to those provisions under the ASSA Privacy Policy, which you can view at www.australasiansharedservicesassociation.com, ASSA will disclose relevant personal information collected about you when you place an order to third party suppliers for the purposes of providing order and delivery information. The third party supplier has agreed that such information shall not be used except for the purposes of fulfilling the order. The third party supplier will retain such relevant information as is necessary for the purposes of any warranty claim.

Upon expiry of such a time, the information will be returned to ASSA and managed in accordance with the ASSA Privacy Policy.