Terms and Conditions

These terms and conditions ("T&Cs") apply to the online purchase of products, event tickets, and services from Water Services Association of Australia Limited (ABN 54 117 907 285) of Level 8, Suite 802, 401 Docklands Drive, Docklands 3008 (“the Association”, "we", "us" or "our").

By purchasing and/or using any products, event tickets, and services through our website, you do so on behalf of the company or entity that you represent or are employed by (Employer) and you agree and represent that you have the authority to bind your Employer to the following terms. Your Employer is responsible for your use of our products, event tickets and services in accordance with these T&Cs.

For information about how we collect and use your personal information, please see the collection notice at section 11 below and our Privacy Policy (https://www.wsaa.asn.au/privacy).

The terms of our Disclaimer https://www.wsaa.asn.au/disclaimer apply to the use of our website.

1. Defined Terms

In these T&Cs, the terms below will apply, except where the context otherwise requires:

• Event: any meeting, seminar, workshop, conference, or similar activity offered by the Association and includes any ticket to such an event or activity.
• Intellectual Property Rights: all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
• Licensee: a User or Employer, as applicable.
• Online Product: a Product, Service or Event (as applicable).
• Online Shop: the online shop portal on our website through which the Licensee may view, access, use or purchase Online Products.
• Product: any material purchased from the Association by the Licensee from the Online Shop. It includes (but is not limited to) the 'WSAA Codes' in the various formats and media in which the Association supplies it, Subscriptions and all associated software, manuals, and other materials incorporated in or supplied with a product.
• Service: any professional service offered by the Association, including consulting, training, and technical assistance.
• Single User: one designated person only, entitled to access the Product via their personal login on the Association's website.
• Subscription: a set number of concurrent Single User licences purchased for an eBook or collection of eBooks for a set period of time.
• User: any person that has registered for our Online Shop and/or purchased Online Products on behalf of or in connection with an Employer.

2. Ordering Products, Events, and Services

The Licensee must be registered to use the Online Shop before the Licensee can order an Online Product using the Online Shop. The Online Shop will prompt the Licensee to enter their details for registration. The Licensee is responsible for maintaining the confidentiality of their Online Shop account details (passwords and login details) and for all activities carried out under the password and login. The Licensee is responsible for informing the Association of a change in login details (i.e. email address).

Receipt of an order or confirmation of an order of an Online Product does not require the Association to supply the Online Product to the Licensee. The Association must first receive payment for the Online Product as described below in section 3 of these T&Cs.

The Licensee is responsible for correctly entering all requested order information. If incorrect information is entered by the Licensee, it may result in the Licensee receiving and being liable to pay for unwanted Online Products.

3. Payment

An order for Online Products must be accompanied by payment of the specified purchase price (using one of the prescribed payment methods) by credit card, debit card or electronic funds transfer.

All prices are in Australian Dollars and, if goods and services tax ("GST") applies, inclusive of GST. Any fees and charges (including delivery fees) imposed by these T&Cs also include GST where applicable.

4. Delivery

Products: When the Licensee has purchased a Product, we will arrange access to that Product for the Licensee within 1 business day of the purchase date or the payment date, whichever is later.

Events: For Events, we will provide details of the Event (including access details for online Events) after we receive the order and full payment.

Services: For Services, we will provide details and arrange delivery of the Service after we receive the order and full payment.

The above timeframes are indicative only. Subject to the Australian Consumer Law, we do not guarantee that Online Products will be made available to the Licensee within a particular timeframe. While we will make every reasonable effort to contact the Licensee if we become aware that the purchased Online Products have not been made available, the Association is not responsible for time delays in providing products, events or services where this is due to the Licensee having supplied the Association with incorrect delivery or payment details.

Extra administrative costs may apply if we have to redirect an Online Product to a different destination to that originally nominated by the Licensee, which will need to be met by the Licensee.

The risk in relation to Online Products will pass to the Licensee when they are made available to the Licensee.

5. Refunds and Exchanges

The Licensee may request a refund of the purchase price for a Product, Event, or Service, or request an exchange of a defective Product pursuant to the Australian Consumer Law.

A request for a refund must be accompanied by satisfactory proof of purchase and the return of the relevant Product by the Licensee or cancellation of the relevant Event or Service.

A request for exchange of a defective Product must be accompanied by satisfactory proof of purchase, the relevant Product, and the Licensee's explanation as to why the Product is defective.

6. Terms of Use

Our IP: By purchasing an Online Product from the Association, the Licensee does not acquire ownership of, or title to, that Online Product. The Intellectual Property Rights in an Online Product remain the property of the Association.

Licence Grant: Subject to the Licensee's compliance with these T&Cs, the Licensee is granted a non-exclusive, revocable, non-sublicensable (other than as specified in these T&Cs), non-transferable licence from the Association to access, view and use the Online Product solely for the Licensee's internal business purposes.

Licence Terms and Restrictions:

Access to Online Products from the Online Shop will be limited according to the number of user-licences purchased for that Online Product.

• To access e-books, WSAA Codes purchased online in an eBook format, and any digital products, the Licensee will need to log in to the Online Shop using their account details established at the time of purchase. These Online Products are accessed and viewed using third party e-reader software (E-reader Software).
• Where a Single User licensed eBook has been purchased, it may only be accessed by the Licensee on their My Products site.
• WSAA member organisations who qualify and have access to an eBook Subscription are deemed to be Licensees. Subscriptions, and the materials provided pursuant to a Subscription, are for internal business purposes only. A Licensee of Subscriptions and employees of their organisation may access their eBooks via their login registered on the website.

For Events and Services:

• The Licensee's participation in an Event or use of a Service is subject to any additional terms specified at the time of purchase or registration. A copy of these terms can be requested from the Association at any time by emailing [email protected].
• The Licensee must not record, reproduce, publish, broadcast, or share any part of an Event or Service without the Association's prior written consent.

Without limiting any of the above, the Licensee must not (and must not attempt to):

• Allow any person other than the Licensee’s business employees to use the Product, Event, or Service and such use must be in accordance with these T&Cs.
• Allowing any third party, agent or contractor, to use the Online Product, without obtaining the Association's written permission and for which an additional licence fee may be payable.
• Disassemble, reverse engineer, copy, modify, adapt, reproduce, broadcast, communicate, publish, or exploit any Online Product or E-reader Software (except to the extent the Licensee has a statutory right to do so, in which case the Licensee must only do so to the extent permitted by that statutory right).
• View, access, or use the source code in any software incorporated in or associated with an Online Product (including the E-reader Software).
• Remove or obscure any copyright, trademark, or other notices of Intellectual Property Rights included in or accompanying the Online Product or E-reader Software.
• Sub-license, assign, or transfer any of the Licensee’s rights in respect of the Online Product (other than as permitted in these T&Cs).
• Cause or permit any third party to breach any of the requirements or restrictions of this section 7.

If the Licensee fails to comply with the above licence terms and conditions the Association may (at the Association's sole and absolute discretion):

• Suspend the Licensee’s access to the Online Product and/or Online Shop.
• Refuse further supply to the Licensee of any Online Product.
• If the Licensee has failed to remedy the failure within 14 days' notice of the failure to comply, revoke the Licensee’s access to the Online Product and/or Online Shop.
• Take action to repossess all copies of a Product (including any derivative works based on a Product) from the Licensee or associated third party.
• Exercise any other rights, powers, and remedies available to the Association under these T&Cs or at law.

The Association may take these actions for reasons including (but not limited to) protecting its intellectual property rights and other interests or if it detects any illegal or fraudulent use.

The Online Products available on the Online Shop are updated from time to time. This means that the Association may discontinue the availability of Online Products at any time, including Online Products that the Licensee has purchased, for example because a newer version has been made available in the Online Shop or because the Online Product is no longer being offered by the Association. When an Online Product the Licensee has purchased is discontinued, the Licensee will no longer have access to or be able to use that Online Product.

Except as advertised by the Association in relation to an Online Product or specified in Supplemental Terms, the Licensee’s right to use an Online Product does not include a right to receive updates or revisions of that Online Product (which may be available at additional cost). The Association may, at its discretion, decide to offer these to the Licensee from time to time.

The purchase of an Online Product does not include the systems, software, or other facilities necessary to access, view, and use that Online Product.

7. No Warranties

To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements, or representations, whether express or implied, statutory or otherwise, in connection with an Online Product or its use (including, without limitation, the Association's performance of these T&Cs and any warranty of merchantability or fitness for a particular purpose) are excluded. Nothing in these T&Cs affects your rights under the Australian Consumer Law or similar legislation regarding statutory guarantees.

Without limiting the above, the WSAA Codes and other Products are technical documents and activities that require specialist expertise and understanding to apply. Accordingly:

• The Licensee acknowledges that the WSAA Code of Australia does not constitute advice. We recommend that the Licensee obtain their own independent expert advice in relation to planning, design, or construction-related activities.
• The Licensee acknowledges that it is their responsibility to ensure they (and other persons under the Licensee’s supervision or control) understand the contents of the WSAA Codes and other Products and apply them correctly.
• The Licensee acknowledges that the WSAA Codes and other Products may not be suitable or relevant for use outside Australia.
• The Licensee acknowledges that the WSAA Codes and other Products in the WSAA Shop do not in any way override the water utilities' additional requirements and/or processes in any jurisdiction.

Except as expressly stated on the Association’s website or in the Supplemental Terms or written instructions accompanying an Online Product, we do not represent that an Online Product will work on, or be compatible with, the Licensee’s operating systems, programs, or applications. We do not warrant that an Online Product will be free of computer viruses or will not adversely affect the Licensee’s computer system or cause other technical problems. We also do not warrant that the Licensee’s access to an Online Product will be continuous or fault-free.

We do not warrant that access to and use of the E-reader Software will be uninterrupted or error free. Use of the E-reader Software is at the Licensee's risk.

8. The Association's Liability to The Licensee

To the extent permitted by law, the Association is not responsible for any liability, loss, or damage (whether direct, indirect, special, or consequential) to the Licensee, arising from or in connection with the use of an Online Product or any E-reader Software, unless caused by the Association's fraud, negligence, or wilful misconduct. The Association will accept liability for breach of these T&Cs in accordance with the legal principles of the State of Victoria, Australia. However, we will not accept liability for any loss where that loss is caused by events outside the Association's reasonable control (such as a malfunction in equipment or software, internet access difficulties, or delay or failure of transmission).

If a warranty or condition implied by law cannot be excluded, the Association's liability in relation to such a warranty or condition is limited, at the Association's option, to either resupply of the Online Product or the purchase price for the Online Product.

Any claim by the Licensee against the Association under these Terms (other than under clause 6 (Refunds and Exchanges)) must be made within six months from the date of the act or omission giving rise to the claim. Nothing in this section 8 affects your rights under the Australian Consumer Law or similar legislation regarding statutory guarantees.  

9. The Licensee’s Liability to the Association

To the maximum extent permitted by law, the Licensee indemnifies the Association from any and all loss incurred by the Association as a result of or in connection with the Licensee’s access or use of, or actions in reliance on, an Online Product or any E-reader Software. The Licensee's liability under or in connection with this indemnity will be reduced to the extent that the liability was caused or contributed to by the negligence, fraud or wilful misconduct of the Association.

10. Amendment of these T&Cs

The Association may amend these T&Cs from time to time. The T&Cs that apply are those that are current at the time that each purchase is made. The Licensee will be asked to read and accept the T&Cs that are in place at the time that each purchase is made.

11. Collection Notice

The Association collects and holds personal information about the Licensee in order to deliver, administer and improve the Online Products, to verify the Licensee's details, to manage the Association's relationship with the Licensee (e.g. to respond to enquiries) and for purposes otherwise set out in the Association's Privacy Policy (https://www.wsaa.asn.au/privacy).

The information the Licensee provides will be collected by or on behalf of the Association and may be disclosed to our employees and third parties that help us deliver our products and services (including information technology suppliers, payment system operators, professional advisers, dealers and agents, and our business partners) or as required by law. If the Licensee does not provide this information, the Association may not be able to provide all its products or services to the Licensee. The Association may disclose the Licensee's personal information to recipients that are located outside of Australia, including to Higher Logic (our website provider) located in Canada.

The Association's Privacy Policy explains: (i) how the Association stores and uses, and how the Licensee may access and correct its personal information; (ii) how the Licensee can lodge a complaint regarding the handling of the Licensee's personal information; and (iii) how the Association will handle any complaint. If the Licensee would like any further information about the Association's Privacy Policy or practices, please contact the Association at [email protected] or WSAA Business Manager, Amy Osmond (03) 8605 7608, [email protected]. By providing personal information to us, the Licensee consents to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this collection notice.

12. Disclosure of Personal Information in Relation to WSAA Codes

By purchasing a WSAA Code from the Association, the Licensee agrees to:

• Allow the Association to disclose the name of the organisation the Licensee works for or represents, date of purchase, and the details of relevant Codes provided to that organisation to the Association's member water utilities who have requested the use of that Code by contractors or consultants servicing or supplying that utility.
• Allow the Association to disclose the email addresses of individuals allowed by the Licensee (in accordance with these T&Cs) to view the relevant code ("Users' Email Addresses") to the Association's third-party provider of the Codes in eBook format or equivalent in order to facilitate delivery of the WSAA Code.
• Notify the individuals allowed by the Licensee to view the relevant Code in accordance with these T&Cs that:

• Users' Email Addresses will be disclosed to the Association for the purpose of providing the Codes in eBook format or equivalent;
• the Association may disclose Users' Email Addresses to its third-party provider for the purpose of providing the Codes in eBook format or equivalent;
• the Association will handle all Users' Email Addresses in accordance with the Association's privacy policy; and
• individuals can access the Association's privacy policy at https://www.wsaa.asn.au/privacy.

The Licensee must ensure it complies with the Privacy Act 1988 (Cth), and any other applicable law, when disclosing Users' Email Addresses to the Association.

The Association will take reasonable steps in accordance with applicable privacy laws to ensure that any third-party provider to which it discloses Users' Email Addresses will keep the email address data secure and, unless the relevant individual's consent has been obtained, not use the email addresses for any type of sales and/or marketing material.

13. Agreement

These T&Cs supersede all previous communications, negotiations, arrangements, and agreements, either oral or written, between the parties with respect to the subject matter of these T&Cs.

14. General

The disclaimers, limitations on liability, and indemnities in these T&Cs continue after termination of the Licensee's licence to use Online Products, or discontinuation or suspension of access to Online Products.

These T&Cs, together with any Supplemental Terms, supersede all previous written and oral agreements between the Licensee and the Association regarding the supply and use of Online Products.

The Licensee may not assign or transfer the Licensee's rights, obligations, or liabilities under these T&Cs without written agreement from the Association or as otherwise permitted under these T&Cs. The Association may assign, transfer, or otherwise deal with the Association’s rights, obligations, or liabilities under these T&Cs at any time and without notice to the Licensee.

These T&Cs are governed by the laws of the State of Victoria, Australia. If a dispute cannot be resolved, the Licensee and the Associate irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.