Plumbers Community Terms and Conditions
1.1 By completing an application, the person listed in the application makes an offer to become a member of the Plumbers Community service offered by the Australian Gas Association Limited ABN 98 004 206 044 (AGA). AGA may accept or reject an application in its sole discretion.
1.2 If AGA accepts an application (Application), AGA and the person whose name is listed in the application (Member) agree to be bound by these terms and conditions (T&Cs), the membership schedule at the end of these T&Cs (Membership Schedule), and the Application (together, the Agreement).
1.3 In accordance with this Agreement, AGA will supply to the Member the benefits that are applicable to the membership selected by the Member in the Application (Membership), as further described in the Membership Schedule (Services).
2.1 This Agreement will take effect from the commencement date set out in the Application (Commencement Date), and will continue for the initial commitment period applicable to the Membership in the Membership Schedule (Commitment Period) and, after such time, will automatically renew for the successive renewal periods applicable to the Membership in the Membership Schedule (Renewal Period(s)) unless or until:
(a) The Member gives AGA written notice before the end of the Commitment Period or any Renewal Period that it does not wish for the Agreement to continue for the Renewal Period or a further Renewal Period (as applicable);
(b) the Agreement is terminated, during the Commitment Period or a Renewal Period, in accordance with clause 9, (the Term).
2.2 AGA will provide the Member with at least 5 days’ prior notice (in the case of a monthly Membership) and at least 30 days’ prior notice (in the case of a yearly Membership) before an upcoming Renewal Period.
3. Membership Fee and payment
3.1 In consideration for the Services, the Member must pay the membership fee applicable to the Membership in the Membership Schedule (Membership Fee).
3.2 AGA will charge the Membership Fee on or around the start date of the Commitment Period and each applicable Renewal Period, using the payment details provided by the Member on signup (or as updated by the Member from time to time).
3.3 It is the Member’s responsibility to ensure that its payment details are kept up to date and that there are sufficient funds in its nominated bank account to enable the successful debit of the Membership Fee. If a transaction is rejected due to incorrect details or insufficient funds, the Member will be liable for any reasonable direct costs incurred by AGA including any bank fees.
3.4 If AGA is unable to process payment of the Membership Fee, the Member will be given two weeks to rectify the payment failure, after such time the Member will be liable to pay to AGA interest on the amount outstanding at the at a rate of 2% per annum above the average of the most recent prime rate, indicator rate or reference rate (however described) for business overdrafts published by the Commonwealth Bank of Australia, from the due date for payment up to the actual date of payment.
3.5 The right for AGA to charge interest under clause 3.4 will not affect any other rights or remedies that AGA may have in relation to the Member’s default including AGA’s right to terminate this Agreement under clause 9.
4. Money Back Guarantee
4.1 Nothing in this Agreement is intended to have the effect of excluding any Consumer Guarantees or any other terms, conditions, guarantees and warranties which cannot lawfully be excluded or modified by agreement, including those under the Australian Consumer Law. The remainder of this clause 4 is to be read as subject to this clause 4.1.
4.2 AGA provides a money back guarantee to the Member for the 30-day period following the Commencement Date of this Agreement (Guarantee Period), subject to the terms and conditions set out in this clause 4 (Money Back Guarantee).
4.3 The Member may, during the Guarantee Period, terminate this Agreement by written notice to AGA (Guarantee Notice) if the Member is for any reason dissatisfied with the Services, and will in such case receive a full refund of all amounts paid by the Member to AGA under this Agreement up to the date of termination.
4.4 The Member can only claim under the Money Back Guarantee if:
(a) the Guarantee Notice is given during the Guarantee Period;
(b) the Membership described in this Agreement is the Member’s first ever membership of the Plumbers Community service; and
(c) the Member provides all information reasonably requested by AGA to determine whether the Member meets the conditions of the Money Back Guarantee.
4.5 For the avoidance of doubt, the Money Back Guarantee will only apply to the original Membership provided for under this Agreement, and will not apply to any requested upgrade of the Membership under clause 5.
5. Change to Membership
5.1 The Member may upgrade their Membership at any time via the Member Portal or by contacting AGA on 1300-054-502. AGA may, at its sole discretion, accept or reject such request by notice in writing.
5.2 If AGA accepts a request under clause 5.1, this Agreement will be taken as varied by agreement, so that any terms specific to the new Membership will apply in place of the old Membership (including the relevant part of the Membership Schedule and the Membership Fee). The Member must pay the new Membership Fee from the date that the new Membership becomes active, which will be invoiced by AGA on a pro-rated basis.
6. AGA’s right to make changes
6.1 AGA may change the Membership Schedule, the Membership Fees, the Member Portal or these T&Cs:
(a) without notice at any time, provided that such changes do not materially and detrimentally impact the rights of the Member; or
(b) by giving the Member at least 60days’ prior written notice of the changes, where the changes will materially and detrimentally impact the rights of the Member (Change Notice Period), provided that the Member may terminate this Agreement by giving AGA written notice at any time during the Change Notice Period (in which case AGA will refund the Member any unused portion of the Membership Fee on a pro-rated basis).
6.2 For the avoidance of doubt, if the Member does not exercise its right to terminate within the Change Notice Period, the Member will be deemed to have accepted the changes, which will take effect after the end of the Change Notice Period.
7. Member’s responsibilities
7.1 The Member must, in connection with the Membership:
(a) comply with all Laws;
(b) comply with all lawful directions of AGA and its Representatives;
(c) provide accurate information to AGA in the Application and where otherwise reasonably requested;
(d) promptly inform AGA of all material matters concerning Plumbers Community or this Agreement that come to the attention of the Member; and
(e) not do anything which might adversely affect the reputation or goodwill of AGA or Plumbers Community.
7.2 The Member must not, in connection with the Member Portal:
(a) use data mining or similar data gathering tools or attempt to copy any of the data available on the Member Portal;
(b) reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the Member Portal or any part of it; or
(c) interfere with or disrupt the operation of the Member Portal.
8. Goods and Services Tax (GST)
8.1 Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act.
8.2 Unless otherwise stated, any amount specified in this Agreement as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
8.3 Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with this Agreement.
8.4 If an adjustment event arises in relation to a taxable supply made by a party under this Agreement (Supplier), the amount paid or payable by the party to whom the taxable supply is made (Recipient) pursuant to clause 8.2 will be amended to reflect this and a payment will be made by the Recipient to the Supplier or the other way around as the case may be.
8.5 If a third party makes a taxable supply and this Agreement requires a party to this Agreement (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.
8.6 This clause does not merge on completion and will continue to apply after expiration or termination of this Agreement.
8.7 Unless otherwise stated, all fees and taxes are stated in Australian Dollars.
9.1 Either party (Non-Defaulting Party) may terminate this Agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:
(a) breaches a material term of this Agreement which cannot be remedied, or which can be remedied but is not remedied within 5Business Days after the Non-Defaulting Party gives the Defaulting Party written notice of the breach; or
(b) suffers an Insolvency Event.
9.2 In addition to its rights under clause 9.1, AGA may terminate this Agreement immediately by written notice to the Member if the Member:
(a) fails to pay any amounts owing within 30days after the due date for that amount;
(b) engages in behaviour which would cause serious harm to the image or reputation of AGA or its Related Bodies Corporate; or
(c) commits an act of fraud or an act of serious or wilful misconduct.
9.3 Termination or expiry of this Agreement does not affect any rights or obligations of the parties that accrued before the date of termination or expiration.
10. Limitation of liability
10.1 Nothing in this Agreement is intended to have the effect of excluding any Consumer Guarantees or any other terms, conditions, guarantees and warranties which cannot lawfully be excluded or modified by agreement, including those under the Australian Consumer Law (Non-Excludable Rights). The remainder of this clause 10 is to be read as subject to this clause 10.1.
10.2 All express terms, conditions, guarantees and warranties which might apply to or arise out of this Agreement are excluded other than those expressly specified in this Agreement and any Non-Excludable Rights.
10.3 Neither party will be liable for any Consequential Loss arising under or in connection with this Agreement.
10.4 To the extent permitted by law, AGA’s liability in respect of any loss or claim arising under this Agreement, howsoever caused, including in respect of a breach of or failure to comply with a Non-Excludable Right, is limited to the resupply of the Services or payment of the cost of having the Services resupplied.
10.5 The Member acknowledges and agrees that:
(a) it has not relied on any statement, representation, warranty, conduct or undertaking made or given by AGA, other than those set out in clause 10.2;
(b) the information provided to it directly or indirectly by AGA or its Representatives under this Agreement is provided on the basis that it is to be used as general information and a guide only;
(c) it will not treat any such information as legal or other professional advice or as an accurate and complete statement of relevant Law, and will obtain legal advice where required.
10.6 AGA provides no warranty or guarantee and makes no representation that the Member Portal or Services:
(a) will be uninterrupted or available at all times;
(b) will be compatible with the Member’s hardware, software and other systems;
(c) will not impact the performance of other services, hardware, software and systems and those of third parties;
(d) will be secure from unauthorised access; and
(e) will not contain any viruses or disruptive code.
11. Force majeure
11.1 In this clause 11, Force Majeure Event means any event that is outside the reasonable control of a party, including an act of God, war, act of terrorism, revolution, unlawful act against public order or authority, disease, pandemic or epidemic, a strike or industrial dispute or an act or omission of a government agency.
11.2 An obligation of a party (other than an obligation to make payment) is suspended for the time and to the extent that the party is prevented from or delayed in complying with that obligation by a Force Majeure Event.
11.3 On the occurrence of a Force Majeure Event, the affected party must promptly notify the other party and describe in reasonable detail the nature of the Force Majeure Event and its likely effect on the ability of the affected party to perform its obligations under this Agreement.
11.4 If a Force Majeure Event continues for more than 3 months, either party may terminate this Agreement by giving at least 30Business Days’ notice to the other party.
12.2 The Member acknowledges that AGA collects Personal Information relating to the Member, and that AGA may collect, use and disclose this Personal Information for the purposes of providing the Services to the Member, performing its obligations or exercising its rights under this Agreement, or for any other purpose that is permitted, authorised or required by law (together, Approved Purpose).
12.3 The Member consents to:
(a) AGA collecting and using the Personal Information that the Member provides for the Approved Purpose, and disclosing such Personal Information to any third party suppliers and/or contractors that assist AGA to provide the Services or operate the Member Portal for the Approved Purpose; and
(b) being contacted by AGA and third party suppliers and/or contractors in connection with the Approved Purpose.
13. Intellectual Property Rights
13.1 In this clause 13, Intellectual Property Rights means inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques, copyright (including future copyright) throughout the world in all literary works, artistic works, computer software and any other works or subject matter in which copyright subsists and may in the future subsist, confidential information and trade secrets, trade and service marks (whether registered or unregistered), business names, trade names, domain names, logos and get-up and proprietary rights under the Circuit Layouts Act 1989 (Cth).
13.2 The Member acknowledges that AGA is the owner or a licensee of the Intellectual Property Rights in the AGA website (https://www.aga.asn.au/) and the Member Portal, and all content, information and data contained in or accessible via the website or the Member Portal and any other materials provided by or on behalf of AGA in connection with this Agreement (Content). The Member may access and use the Content to the extent required to enable it to use and have the benefit of its Membership and for no other purpose.
13.3 AGA remains the owner or licensee (as the case may be) of all Intellectual Property Rights it owned or used prior to the date of this Agreement (AGA Background IPRs). AGA grants to the Member a non-exclusive, non-transferable, royalty-free licence to use the AGA Background IPRs only to the extent necessary to enable the Member to use and have the full benefit of the Services it acquires from AGA.
13.4 The Member remains the owner or licensee (as the case may be) of all Intellectual Property Rights it owned or used prior to the date of this Agreement (Member Background IPRs). The Member grants or will procure the granting to AGA and all of its Representatives, of a non-exclusive, non-transferable, royalty-free licence to use, reproduce, copy and modify the Member’s Background IPRs and all documents, material plans, drawings, reports, specifications or data supplied by the Member, as necessary to enable AGA to perform its obligations under this Agreement or have the full benefit of the Created IP under clause 13.5.
13.5 Any Intellectual Property Rights created or developed under or in connection with this Agreement or in the course of supplying the Services (Created IP) are owned by AGA.
14.1 In this clause 14, Confidential Information means the terms of this Agreement and all information, know-how, ideas, concepts, technology, industrial, marketing and commercial knowledge of a confidential nature relating to or developed in connection with the business of a party or a Related Body Corporate of a party which is disclosed, communicated or delivered to, or which otherwise comes to the knowledge of the other party under or in connection with this Agreement, but does not include any information is in the public domain or which was rightfully received by the other party from a third person who is under no obligation of confidentiality in relation to the information.
14.2 Neither party may disclose the Confidential Information of the other party to any other person, except:
(a) where such disclosure is required to enable the Disclosing Party to exercise its rights or perform its obligations under this Agreement;
(b) to its Related Bodies Corporate or Representatives who need to know the Confidential Information for the purposes of performing this Agreement subject to the Disclosing Party taking reasonable steps to ensure that any such Related Bodies Corporate and Representatives are fully aware of the confidential nature of the Confidential Information before the disclosure is made;
(c) which is required to be disclosed by Law, provided that the Disclosing Party gives the other party prior notice where practicable and provides all assistance and co-operation which the other party reasonable considers necessary for that purpose; and
(d) to professional advisers of a party or to potential purchasers of the party or the party’s business, provided that the recipients of such Confidential Information are subject to obligations of confidentiality.
15.1 Except for interim or interlocutory relief which may be sought at any time, a party must, before court proceedings are commenced, endeavour to settle any dispute arising out of or in connection with this Agreement in accordance with this clause 15.
15.2 A party claiming that a dispute has arisen must give notice in writing to the other party setting out the nature of the dispute (Dispute Notice). Within 3 Business Days of receipt of the Dispute Notice, or such other period agreed in writing by the parties, the dispute must be referred to the senior executives nominated by each of the parties, who must meet and use their best endeavours to resolve the dispute.
15.3 If the dispute is not resolved within 15 Business Days after receipt of the Dispute Notice, or such other period agreed in writing by the parties, the parties must refer the dispute to the Australian Disputes Centre (ADC) for mediation in accordance with the ADC Guidelines & Rules.
15.4 Pending resolution of any dispute, the parties must continue to perform their obligations under this Agreement without prejudice to their respective rights and remedies (except where such obligations are the subject of the dispute).
15.5 If the dispute is not resolved by the mediation within 30 Business Days after receipt of the Dispute Notice, either party may commence court proceedings.
16.1 All notices, requests, demands, consents, approvals or other communications under this Agreement (Notice) to, by or from a party must be in writing and addressed to a party in accordance with their details set out in this Agreement (or as updated from time to time by Notice to the other party).
16.2 Neither party may assign or otherwise deal with any their rights under this Agreement without the prior written consent of the other party, which consent must not be unreasonably withheld or delayed.
16.3 Except for a change effected under clause 4, a variation of this Agreement will be of no force or effect unless it is in writing and signed by each of the parties.
16.4 Each party must pay its own costs (including legal costs) and expenses in connection with the negotiation, preparation, execution and delivery of this Agreement.
16.5 A waiver of a right, remedy or power must be in writing and signed by the party giving the waiver. A party does not waive a right, remedy or power if it delays in exercising, fails to exercise or only partially exercises that right, remedy or power.
16.6 If a provision in this Agreement is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part must, to that extent, be treated as deleted from this Agreement for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this Agreement.
16.7 This Agreement is governed by and is to be construed under the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement.
16.8 This Agreement states all of the express terms of the Agreement between the parties in respect of its subject matter and supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter. However, if the Member is a Consumer, this clause does not exclude any Consumer Guarantees or any rights of the Member under the Australian Consumer Law.
16.9 The parties are not and are not to be taken to be in a partnership, joint venture, employment or fiduciary relationship. Nothing in this Agreement gives a party authority to bind any other party in any way.
16.10 Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination or expiry of this Agreement, clauses 9, 10, 12, 13, 14, 15 and 16 survive the termination or expiry of this Agreement.
17. Definitions and interpretation
In these T&Cs:
(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation;
(b) Business Day means a day on which banks are open for business in Melbourne, Victoria, excluding a Saturday, Sunday or public holiday in that city;
(c) Consequential Loss means any indirect or consequential loss, including loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of or damage to goodwill, loss of business reputation, loss of use, loss of interest, loss of anticipated savings or any other similar kind of loss;
(d) Consumer has the meaning set out in section 3 of the Australian Consumer Law;
(e) Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3 2 of the Australian Consumer Law;
(f) Corporations Act means the Corporations Act 2001 (Cth);
(g) Insolvency Event means the occurrence of any of the following events:
(i) where a party is a natural person, the person becomes bankrupt, files or is served with a petition in bankruptcy or is served with a bankruptcy notice, the person is unable to pay his/her debts as and when they become due and payable or a creditor’s meeting in relation to the person is called;
(ii) an application is made to a court for an order or an order is made that a body corporate be wound up, and the application is not withdrawn, stayed or dismissed within 21 days of being made;
(iii) appointment of a liquidator, provisional liquidator, administrator, receiver, receiver and manager or controller in respect of a body corporate or its assets;
(iv) except to reconstruct or amalgamate while solvent, a body corporate enters into, or resolves to enter into, a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any class of its creditors, or it proposes a reorganisation, moratorium or other administration involving any of them;
(v) a body corporate resolves to wind itself up, or otherwise dissolve itself, or gives notice of intention to do so, except to reconstruct or amalgamate while solvent or is otherwise wound up or dissolved;
(vi) a body corporate is or states that it is insolvent as that term is defined in section 95A of the Corporations Act;
(vii) as a result of the operation of section 459F(1) of the Corporations Act, a body corporate is taken to have failed to comply with a statutory demand;
(viii) a body corporate is or makes a statement from which it may be reasonably deduced that the body corporate is the subject of an event described in section 459C(2)(b) or section 585 of the Corporations Act;
(ix) a body corporate takes any step to obtain protection or is granted protection from its creditors, under any applicable law;
(x) a body corporate ceases to carry on business; or
(xi) anything analogous or having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.
(h) Laws means:
(i) legislation, ordinances, regulations, by-laws, orders, awards, proclamations, directions and practice notes of the Commonwealth, a State or Territory or any Government Agency;
(ii) certificates, licences, consents, permits, approvals, qualifications, registrations, standards and requirements of organisations having jurisdiction in connection with the supply of the Goods under this Agreement; and
(iii) all other laws from which legal rights and obligations may arise.
(i) Member Portal means the Plumbers Community portal available to Members at https://plumberscommunity.com.au/;
(j) Non-Excludable Rights has the meaning given in clause 10.1;
(k) Related Body Corporate has the meaning given to it in section 9 of the Corporations Act;
(l) Representative means an officer, employee, agent, representative, contractor or subcontractor of the relevant party; and
(m) Term has the meaning given in clause 2.1.
In this Agreement, unless a contrary intention is expressed:
(a) headings and italicised, highlighted or bold type do not affect the interpretation of this Agreement;
(b) the singular includes the plural and the plural includes the singular;
(c) a gender includes all other genders;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
(e) a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any Government Agency (whether or not having a separate legal personality);
(f) a reference to any thing (including any right) includes a part of that thing, but nothing in this clause 17.2(f) implies that performance of part of an obligation constitutes performance of the obligation;
(g) a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this Agreement and a reference to this Agreement includes any clause, annexure, exhibit and schedule;
(h) the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions in this Agreement do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary; and
(i) a reference to a document (including this Agreement) includes all amendments or supplements to, or replacements or novations of, that document.
This Membership Schedule comprises a yearly membership where the caller has the following benefits:
– AGA Calls
– Access to Member Portal
– AGA Updates
– Plumbers Community Artwork
The commitment period is 12 months and the renewal period is 12 months. The membership fee is $AU499 + GST per year.
Capitalised terms in the Membership Schedule above have the following meaning:
1. AGA Calls: The Member may call AGA to lodge a question to receive information about standards and regulations, including details about specific clauses within the standards. An email will be provided to the Member to summarise the information required and if AGA calls the Member to discuss, the call will be recorded. This service is only available Monday to Friday, from 9:00 AM to 5:00 PM AEST and not available during AGA’s closure periods (including public holidays and Christmas closures). Calls are limited to 10 per year unless otherwise agreed in writing.
2. AGA Updates: The Member will receive regular updates via email on changes to standards or regulations or the introduction of new standards of regulations.
3. Plumbers Community Artwork: The Member will receive a licence to use the Plumbers Community Artwork for the purposes of promotion of the Member, subject to the application licence terms and conditions located here: https://plumberscommunity.com.au/artwork-ts-and-cs/.
4. Member Portal: The Member will receive access to the Member Portal where it can use and download information sheets relating to Australian Standards AS/NZS 5601.1, AS/NZS 5601.2, AS/NZS 3500.0, AS 3500.1, AS/NZS 3500.2, AS/NZS 3500.3, AS/NZS 3500.4 and AS/NZS 1596 and related regulation.
5. Standards: The Member will receive access to Australian Standards AS/NZS 5601.1, AS/NZS 5601.2, AS/NZS 3500.0, AS 3500.1, AS/NZS 3500.2, AS/NZS 3500.3 AS/NZS 3500.4, and AS/NZS 1596 through a third-party service.