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The Institute’s Website consists of various web pages operated by the Institute. All references in these Terms to the ‘Website’ includes all sub-addresses and pages hosted exclusively by the Institute at the domain architecture.com.au.
The Institute does not endorse nor accept liability for the content of any external website referred or linked to from this Website.
In specific circumstances, the Institute’s goods and services also come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service provided by the Institute, you are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Individual membership of the Australian Institute of Architects is based on the calendar year. The full annual membership fee for the applicable membership class is payable if you join in the period 1 December – 31 March. You may pay your annual membership fee in quarterly instalments, but conditions apply. (See below). A pro-rata discount will be applied to membership fees (except for Student members) when joining outside this period:
Contact the membership team on 1800 770 617 or email email@example.com to confirm which pro-rata fee applies at the time you apply for membership.
Members agree to comply with and are bound by the Constitution, the Institute’s Code of Professional Conduct and every policy of the Board and National Council that applies to them as a member of the Institute.
Members must read, understand and agree to comply with the National Council’s Member Behaviour Policy & Handbook. Members acknowledge that complying with this policy is a condition of their membership with the Institute and that if they breach the policy, this can have consequences for their continued membership or readmission.
If the category of membership is Student, Graduate, Associate or Academic, the member’s current circumstances make them eligible for this membership class and that if their circumstances change in a way that affects their eligibility, they will promptly notify the Institute of this.
Members acknowledge that:
Members consent to the Institute sending correspondence and updates to their nominated email address.
If you are a Member on 31 December we will assume that you want to renew your membership for the next membership year, unless you tell us otherwise by email. If you cancel or let your membership lapse at any time in the twelve months after 31 December and then re-join in the same calendar year, you will be charged the full annual fee (if you had previously opted to pay annually) or the scheduled quarterly fee plus all quarterly payments in arrears (if you had previously opted to pay quarterly).
Existing members – transition arrangements: On 24 August 2020 we’re moving to an enhanced digital data security system. After this date, the next time you renew your membership or pay your membership fee (annual or quarterly), you will be asked to enter your card or account payment details. To ensure continuity of your membership, you must provide these payment details before your membership fee will be processed for the next period.
You can elect to have your membership renew automatically each year whether you choose to pay the annual fee in full, or by quarterly instalments. Automatic renewal payments can be made either by credit/debit card or direct debit from a nominated bank account. Members can update or change these payment arrangements or payment details at any time by logging into the Member Portal at members.architecture.com.au.
Every member is responsible to ensure that their account and payment details (including direct debit or credit card details) are current and to update your card details every time a card expires, is cancelled or you are issued with a replacement card.
This is what you need to know:
If you choose to pay your membership fee by direct debit, members enter into and agree to the terms of the Institute’s direct debit service agreement. Please refer to the Direct Debit Request Service Agreement for more information.
All membership fee payments are non-refundable except in the following limited circumstances:
The Emerging Architect fee reduction is available to recently registered architects who meet the below eligibility criteria and who agree to the terms and conditions.
Eligible current and renewing members can click here to complete the application form. New members are provided with this option through the online join form.
Eligibility criteria (all criteria must be met)
Members who meet the eligibility criteria for the retired membership class, may apply to the Institute to transfer their membership class and the retired membership fee will then apply. When a membership is transferred to the retired membership class, the full membership rate stands for the remainder of the payment period in which the transfer has occurred. The retired membership fee will then apply on and from the date the next membership fee payment falls due (this could be annually or quarterly depending on the payment frequency the member has chosen). Refunds are only offered where the Institute has applied the incorrect fee rate.
Every member is responsible to ensure that their account and payment details (including direct debit or credit card details) are current. It is also your responsibility to update your credit card details every time a card expires, is cancelled or you are issued with a replacement card.
Payment failures, including due to incorrect or out-of-date payment details, will result in immediate withdrawal of services and deactivation of the membership until the applicable payment is processed successfully.
If you would like cancel your membership before the date of the next payment period, please let us know as soon as you can by email to firstname.lastname@example.org. That way, we can check your membership profile and assist you so that your card or account is not debited on the next payment date.
If your membership is cancelled or lapses or if you change membership classes and are no longer eligible, the Institute reserves the right to immediately notify any third party who provides goods or services under the Institute’s Member Rewards program of the change in your membership status. Lapsed or cancelled members cannot continue to take advantage of the benefits offered by these third parties under that program.
GENERAL RENEWAL OFFER*
Individual members who renew their 2022 membership by the due date of 17 January 2023 (by 11:59 pm AEDT) are eligible to redeem one free online CPD course from a choice of either Respecting Country through Design or Risk in Architecture. Eligible members will receive an email in late January 2023, with instructions for redeeming their free course via promo code. Promo code valid for use from date of issue through to 31 March 2022. Offer not available to A+ practice members or their enrolled staff.
EARLY BIRD RENEWAL OFFER**
Individual members and A+ practices who renew their membership by 11:59 pm AEDT, 31 December 2022 will go into a draw to win one Dulux World of Colour Series II Atlas (value $250). With over 4,685 colours, the Dulux Colour Atlas is the core of the Professional Specifiers tool kit. The winner will also receive the Dulux World of Colour Series II fan deck. There will be two separate draws, one for individual members and the other for A+ practice members, the winner of each draw will receive one Dulux colour atlas and accompanying fan deck.
*The general renewal offer is available only to individual members and not to A+ or complimentary members.
**The early bird renewal offer is available to both individual and A+ practice members (excludes A+ staff) and is not available to complimentary members.
If your circumstances change, you may request a change to your event registrations and other Institute services. The Institute may at its discretion accept or decline such a request, or may offer another option. All requests for a refund of or to cancel, change or exchange event registrations, tickets, or other products must be sent to the Institute by email (see below).
If your request for cancellation or a refund is accepted by the Institute, you agree to pay the Institute the applicable administration fee and the applicable GST.
For further details, conditions and exclusions, refer to the relevant section below.
Generally, the Institute will not agree to a refund if the request is received less than 14 days before the event starts, unless otherwise stated below.
If you are unable to attend an Institute event (Conference, Awards, CPD), you are welcome to contact us and request a substitute person to attend in your place. You will need to provide the substitute attendee’s details at the time of the request.
The Institute will not agree to a refund on a ticket or registration to an event because you have changed your mind.
For all requests to cancel or make changes to tickets for all general Institute events, please contact us at email@example.com.
The Institute reserves the right to alter event arrangements or cancel any event, even with limited notice to attendees, for circumstances beyond our reasonable control. This will include events that cannot safely or responsibly be held due to COVID-19 and government restrictions on public gatherings.
If the Institute cancels an event entirely, the Institute’s maximum liability is limited to a full refund of your event ticket or registration fee.
If the Institute cancels and reschedules an event, your ticket or registration will be transferred to the next available and equivalent event if possible unless you request otherwise in writing.
The Institute accepts no liability for any other additional costs you incur in connection with a cancelled or rescheduled event.
Requests for cancellations received 14 days or less prior to the event will not be refunded, other than of financial or personal hardship. However, you may contact us and nominate a substitute person to attend in your place.
People attending in place of the registered person must pay the difference in the ticket fee associated with their membership status and class.
Please note that start and end times for all events are provided as a general guide. Some events may finish earlier or later than the published times.
For speakers outside of the formal CPD program, the speaker is expressing their professional view, and you must get your own independent advice as to how this issue would affect your practice.
Formal CPD speakers sign an agreement that their speech is correct according to the building code and regulatory framework.
For all requests to cancel or make changes to your Conference registration contact us at firstname.lastname@example.org.
‘No Shows’ to the Conference are not be entitled to a refund and will be charged the full registration fee.
Administration fee to process cancellations or refunds: $150.00 (including GST).
For all requests to cancel or make changes to your Awards registration contact us at email@example.com.
‘No Shows’ to the Awards event are not entitled to a refund and will be charged the full registration fee.
Administration fee to process cancellations or refunds: $50.00 (including GST).
The Institute will not agree to give a refund for Online CPD for cancellation requests received on or after the day the CPD event has started. After enrolling in an Online CPD, you may request a refund at any time prior to the Online CPD starting, by emailing firstname.lastname@example.org.
The Institute will not agree to give a refund for PALS registrations, except in the case of personal or financial hardship. Please email email@example.com.
If a contract product is clearly defective or if it is not consistent with any consumer warranties (only if they apply and only those which cannot be excluded at law), we will exchange it with an equivalent replacement product after you return the product to the Institute.
The Institute will not agree to a refund or accept a returned contract product merely because you have changed your mind.
If you ordered the wrong contract product, the Institute may at its discretion agree to exchange that product for a replacement product, and only if:
If the replacement item is a lower price than the original product, then we will give you either a refund or a credit (at our discretion) for the difference. If the replacement item is a higher price than the original product, then you must pay the difference in price before we will dispatch the replacement item.
You must also pay for all postage charges to send the replacement product unless the original item is being returned because it was clearly defective. Every effort is made to pack items to minimise damage during postage however the Institute cannot guarantee the condition the items will arrive in and will not be held responsible for loss or damage to products incurred while in transit.
If we have sent you the wrong contract product, we will send you the correct product and we will pay for the cost of sending the correct replacement product to you, only if you notify us within 30 days after purchasing the product and you return it to the Institute with the contract packs are unopened. We’ll also send you a reply paid envelope to make it easy for you to return the wrong contract product.
After we have confirmed your order and payment, we will dispatch the purchased items via Australia Post, within two (2) working days, subject to stock availability. We cannot accept any liability for delivery delays in connection with Australia Post’s service. Our postal charges include a nominal handling fee.
The Institute operates on an upfront payment model unless the Institute agrees, at its sole discretion, to accept payment on invoice. All other payments or payments on account are to be made on or before the dates specified in any contract or agreement you have with the Institute. If you don’t have a contract or agreement with the Institute that specifies payment dates and we do issue you with an invoice then you must pay the invoice in full no later than 14 days after the issue date of the invoice.
Thank you for being part of our Institute membership community. To ensure the best possible experience for all Members, we have established rules and some basic guidelines for participation.
By joining this community and using this site, you agree that you have read and will follow these rules and guidelines. You also agree to keep discussions and shared files and content to the type that is best suited to the medium. This forum is provided so you can seek the advice of your peers, benefit from their experience, and participate in an ongoing conversation about the architecture profession.
Questions should be directed to firstname.lastname@example.org or via the Contact Us link on this site.
Please read and be familiar with these important rules and guidelines.
In order to create and preserve an environment that encourages both civil and fruitful dialogue, we reserve the right to suspend or terminate your access to this community if you breach these rules or engage in a gross or persistent breaches of etiquette.
If you have concerns, criticisms or feedback about the Institute’s performance on behalf of its members, please email email@example.com or call reception on 1800 770 617. The Communities platform is not the place for such comments. Member conduct that breaches the Member Behaviour Policy or the Code of Professional Conduct can have disciplinary consequences, as well as consequences for your continued membership of the Institute.
This site is provided ‘as is’ as a free member benefit service solely for the Members of the Australian Institute of Architects (the Institute). The Institute is not and cannot be responsible for the opinions and information posted on this site by Members or any third party. We disclaim all warranties with regard to information posted on this site, whether posted by the Institute, a Member, or any third party; this disclaimer includes all implied warranties of merchantability and fitness. The Institute is not and will not be liable for special, indirect, economic nor consequential damages or any damages of any kind resulting from loss of use, data, or profits, arising out of or in connection with the use of or performance of any information posted on this site.
The Institute does not automatically monitor, and from time to time may not actively monitor, the site or any forum on the site for inappropriate or infringing postings (comment, information or content). The Institute does not on its own undertake nor exercise editorial control of postings. However, in the event that any inappropriate or infringing posting is brought to the attention of the Institute we will take all appropriate action. This action may include directly contacting the Member who has made the posting and requesting they remove the post; and referring the Member’s conduct under the Institute’s Member Behaviour Policy or the Disciplinary Proceedings.
The Institute reserves the right, in its absolute discretion, to solely determine whether a Member’s post has breached these rules and such a decision made by the Institute is not subject to any avenue or complaint or right of review.
The Institute reserves the right, in its absolute discretion, to suspend or terminate access to any user who does not comply with these guidelines. A Member’s conduct on this site and breaches of these terms and conditions may also have consequences under either or all of the Member Behaviour Policy and the Institute’s Code of Professional Conduct and the Disciplinary Proceedings.
When you post comments, images and other content to the Australian Institute of Architects social media channels, you are bound by the user agreements of that platform. Please read and familiarise yourself with these guidelines.
The Australian Institute of Architects reserve the right to moderate all content on accounts/channels/profiles that we manage. Our guidelines include, but are not limited to the following:
Before you upload anything – text, images, video or audio – make sure you’re allowed to do it. It’s your responsibility to ensure that any content you post doesn’t infringe the intellectual property, or other rights, of other people or organisations. If we have concerns that you’ve infringed others’ rights, we may delete any content that has been uploaded or posted. Please also note that we may re-use any material you post – see ‘Other important information’ below. If you’re posting images or videos that identify other people, respect their privacy and check that you have their permission.
These guidelines generally require that you do not post any material that may:
The Institute reserve the right to remove any posts which could be considered offensive or inappropriate. Cyber-bullying, abuse and litigious comments will result in the posts being removed. We reserve the right to block users at our own discretion. We review posts and may moderate content if you do not follow the guidelines. We may use automatic filters to block any swearing or anti-social language.
Help us keep it suitable for all audiences. If you think that a posting has broken any of our house rules, contact us via the channel the content is on.
Posts on social media channels we manage do not necessarily reflect the opinions of the Institute, nor does the Institute confirm their accuracy. By using or accessing social media channels we manage, we understand that you’re familiar with and agree to comply with the platform’s terms and conditions which grants certain rights to the owners of the platform.
These are public forums and participation is voluntary, by posting on social media channels we manage you give the Institute the right to use any posted content in any way and in any media without any legal or monetary obligation to the author.
The views expressed in articles, interviews and in editorial content are those of their authors and do not necessarily reflect the position of the Australian Institute of Architects. Material should also be seen as general comment and not intended as advice on any particular matter. No reader should act or fail to act on the basis of any material contained herein. Readers should consult professional advisors.
The Australian Institute of Architects, its staff, editors, editorial committee, and authors expressly disclaim all liability to any persons in respect of acts or omissions by any such person in reliance of any of the contents of these publications.
GUIDANCE FOR AUTHORS
The Australian Institute of Architects reserve the right, in its absolute discretion, to solely determine the suitability of the content we manage. Our members commit themselves to the attainment of high standards in architecture, and through its practice to maintain general wellbeing by upholding commonly agreed values of:
This is detailed in our Code of professional conduct and Member Behaviour Policy. Both documents also inform our guidance for authors and contributors. Please read and be familiar with these important rules and guidelines which prohibit misleading or unlawful material or information, uncivil comments about the Institute or individuals.
The Royal Australian Institute of Architects Limited ACN 000 023 012 (the Institute) owns and publishes all publications presented in the Australian Institute of Architects Media Kit.
All content is maintained by the Institute based on information and content provided by third parties.
1.1. These advertising terms and conditions (Terms) set out the Institute’s (us, we, our) standard terms and conditions for permitting accepted third parties (you, your) to advertise in our print publications as well as our Reading Architecture E-News.
1.2. These Terms together with an order form accepted by the Institute, form a contract and are the whole agreement between the advertiser and the Institute over the Advertising Services (the Agreement).
1.3. If any part of these Terms is inconsistent with an Advertising Order, then the terms of the Advertising Order take priority to the extent of the inconsistency.
1.4. Capitalised terms used throughout these Terms have the corresponding meanings given in clause 17.
1.5. If the Institute provides you with advertising services which are not specified in an Advertising Order, then those services are taken to be Advertising Services for the purposes of the Agreement and when the Institute provides or performs those deemed Advertising Services they are immediately subject to these Terms.
1.6. At all times, as an advertiser you are subject to these Terms.
1.7. We may at our discretion change these Terms at any time and we will endeavour to give you reasonable notice by email of material changes to these Terms or to the contents of the media kit (a Terms Change).
1.8. If you continue use or accept the Advertising Services on and from the date we notify a Terms Change, then 30 days after the Terms Change takes effect (Effective Date), you are taken to have agreed to each modification or amendment in that Terms Change.
1.9. If you do not agree with the amendments or modifications in a Terms Change, then you may terminate the Agreement for the Advertising Services by giving us 30 days’ notice by email prior to the Effective Date. If you do not give us such a notice within time, you will be liable to pay the Advertising Fee in accordance with clause 3.
You can ask the Institute to provide you with the Advertising Services by:
2.1.1 completing and submitting an Advertising Order for the proposed Advertising Services;
2.1.2 providing us with all the details, information and advertising materials for your Ad which respond to the Requirements of the Media Kit; and
2.1.3 paying the Advertising Fee.
2.2. The Advertising Services do not include the Institute creating your Advertisement. You are solely responsible for content of and for creating or arranging for the creation of your Advertisement and this responsibility includes notifying us of changes or corrections and modifying, updating and correcting.
In submitting an Advertising Order, you acknowledge and agree that the Institute, at its sole discretion:
2.3.1 may accept, or not accept or accept with specified conditions or modifications, your Advertising Order; and
2.3.2 will not accept an Advertising Order for a product or material or from a party that the Institute reasonably believes:
a. does not meet the Institute’s Product Qualification Requirements;
b. contains inaccurate, incomplete or misleading details; or
c. is not in accordance with these Terms.
2.4. The Institute will not be obligated to provide the Advertising Services or publish a Product Ad until your Advertising Order is accepted by us and you have paid the Advertising Fee in full. If we do not accept your Advertising Order (see clause 2.3) we will refund you the Advertising Fee you have paid less an amount that reflects our reasonable administration costs.
2.5. You specifically acknowledge that: if we believe that the publication of your Ad is or would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights, then we may, without prior consultation with you, remove or modify your Ad in any way whatsoever and we will give you notice by email of the removal or modification.
2.5.1 If we modify your Ad for such a reason, this will not change the Advertising Fee for publication of that Ad.
2.5.2 If we remove your Ad for the reasons in clause 2.5, we may at our discretion offer you a refund or reimbursement of Advertising Fees paid.
3.1. You must pay us the Advertising Fee before, or at the same time, you submit your Advertising Order.
3.2. You acknowledge that we will not pay you any fee, inducement or other amount for placing the Ad with us. You must not, and won’t have a right to, set-off any payments of Advertising Fees to us against any amount we have to pay to you.
4.1. You may cancel one or more of Ads at any time without cause by giving us a notice by email and giving us at least 10 business days to carry out the cancellation (a Cancellation Notice).
4.2. If you give us a Cancellation Notice:
4.2.1 you cannot withdraw or modify the Cancellation Notice once we have received it.
4.2.2 we will endeavour to remove your Product Ad and all your content within 10 business days.
4.2.3 you will not be entitled to a refund or reimbursement of any part of the Advertising Fee or any other fees you have paid to us under the Agreement.
5.1. You must promptly check all proofs (if required) of a proposed Ad and promptly tell us of any errors.
5.2. If there are errors or material omissions in a published Product Ad, which we did not cause, then you can request us to correct the Ad withing the allocated timeframe pre-publication.
5.3. You represent and warrant that you have the legal power and capacity to be bound by the Agreement.
5.4. You must ensure that you and your product the subject of a Ad at all times meet the Product Qualification Requirements. If at any time you or your product no longer meet the Product Qualification Requirements, then you must promptly tell us by email. You acknowledge that we may then remove your Ad which no longer meets the Product Qualification Requirements and you are not entitled to any refund or reimbursement of the Advertising Fee.
6.1. You promise that you will not, and must ensure that any person affiliated or associated with you does not:
6.1.1 submit an Ad or related specification or advertising material which:
a. does not comply with all relevant laws including but not limited to the Advertising and Consumer Laws;
b. may or will infringe the intellectual property rights or other contractual or statutory rights of any person or results in you breaching any obligation you owe to any person;
c. is unlawful, illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of 18 years;
d. is misleading or deceptive or likely to mislead or deceive;
e. comprises anything which may detriment or damage Institute members’ professional interests, or the Institute’s reputation or commercial interests; or
f. comprises anything which suggests any endorsement by or affiliation with the Institute (including any related business or body corporate of the Institute) or any website on which the Product Ad is published;
6.1.2 resell, assign or transfer any rights under this Agreement to any person;
6.1.3 insert any tag, code, cookie or other data tracking or collection device or mechanism for the purpose of re-targeting Website users on a third-party site, network or exchange;
6.1.4 link, pool, correlate, resell, transfer, disclose or make available any advertising statistics the result of displaying the Ad on the Website for the purposes of behavioural targeting or other type of re-targeting off the Website without the Institute’s express written permission (which is at the Institute’s sole discretion);
6.1.5 use any automated means to access, monitor, crawl or copy the publication or any data contained in it;
6.1.6 interfere with the proper intentions and workings of the publication; and
6.1.7 act in an unlawful manner or contravene any law.
6.2. You cannot transfer, assign, sub-license or re-sell the rights given to you under the Agreement. You may transfer, assign or sub-licence these rights to a related body corporate for the purposes of a corporate restructure.
6.3. You must not make a statement nor represent, whether through an omission, silence or a positive act, to any person that you meet or your product meets the Institute’s Product Qualification Requirements, when you know (or a reasonable product supplier or manufacturer in your position would have known) that you or the product does not meet the Product Qualification Requirements.
7.1. We will use all reasonable endeavours to publish your Ad in the format that you have submitted to us in your Advertising Order, or a subsequent Ad Change Request, and that we have approved.
7.2. You acknowledge that the positioning and placement of your Ad:
Products & Materials Library Advertising Terms and Conditions—Version 1A–September 2021
7.2.1 is always at our sole editorial discretion, but in limited circumstances we may agree with you in writing the specific dimensions, frequency, format, placement or prominence of your Ad.
7.3. The commitment in paragraph 9.1 is at all times subject to availability, the technical capabilities and limitations of the Ad and to the obligations and limitations in these Terms.
7.4. You acknowledge and accept that:
7.4.1 the Institute does not and cannot warrant or guarantee any minimum standard or service level of the accessible availability (‘uptime’) of E-News , nor the number of views, click-throughs or similar metrics.
7.4.2 traffic levels to all publications will fluctuate and that the Institute does not and cannot guarantee any particular level of exposure for your Ad.
7.5. If a Force Majeure Event contributes to or causes the Institute to be unable to perform or delays the Institute in performing an obligation under the Agreement , then that obligation is suspended for so long as it is prevented or delayed by the Force Majeure Event.
8.1. In this clause 10, “Confidential Information” means the nature and terms of the Agreement and all information relating to the financial and business affairs of the other party, but does not include information which is publicly known (other than as a result of a party breaching its obligation of confidentiality).
8.2. You and we will hold in confidence all Confidential Information and will not use any Confidential Information of the other except to the extent it is required to perform an obligation under the Agreement.
8.3. After the end or early termination of the Agreement for any reason, if a party requests by email, then the other party must promptly securely delete or destroy all Confidential Information, in any digital format, in its possession or control held on any digital medium, which belongs to the requesting party.
9.1. You acknowledge that all all rights are reserved.
9.2. You will ensure that your Ad and all content provided or published by you, whether in our E News or in any other publication (whether printed or in digital format) meets the most current version of our advertising and branding guidelines which we from time to time give to you or publish (if any).
9.3. Nothing in the Agreement gives you any implied or express rights to use the Institute’s Trade Mark known as the “Crest” nor any other Institute Trade Marks.
9.4. All express rights given under this Agreement, and any implied rights, exclude rights under section 26 of the Trade Marks Act 1995 (Cth).
10.1. You acknowledge that we are entitled to publish your Ad anywhere in the world via any digital medium.
10.2. Subject to the warranties in the Agreement that you give to the Institute (including clause 14.1 below), we acknowledge that you will own the Ad and the associated advertising materials.
10.3. The Institute takes all claims of infringement of intellectual property rights seriously and will respond promptly to all claims of infringement. If we are given notice of or if circumstances of infringement are brought to our attention, we will promptly consider and investigate such claims and take appropriate actions. This action may include modifying, blocking or removing the offending content or Ad.
10.4. If you become aware of a potential infringement of intellectual property, please contact the Institute by email to firstname.lastname@example.org.
11.1. To the fullest extent permitted by law, the Institute excludes all warranties, liabilities, rights, remedies, conditions and guarantees under or in respect of the Agreement and the Advertising Services, whether in contract, tort (including negligence), statute or any other cause of action.
11.2. Nothing in the Agreement excludes or restricts an obligation or right under the Australian Consumer Law which we cannot exclude.
11.3. Subject to clause 13.2,
11.3.1 to the extent that we cannot lawfully limit or exclude any liability: our sole liability to you is limited to, at our sole discretion:
a. supplying the Advertising Services again; or
b. paying you the cost of having the Advertising Services supplied, as specified in an Advertising Order; and
11.3.2 only if our liability is not excluded or limited in the Agreement: if a claim or cause of action in connection with the Agreement whether arising in contract, tort (including negligence), indemnity or breach of statute) our liability to you for all claims or causes of action in the aggregate is limited to the sum of the Advertising Fees paid or payable for those Advertising Services the claim or cause of action relates to.
11.4. Despite anything in the Agreement, our liability under or in connection with the Agreement will be reduced to the extent that the liability was caused or contributed to by you, your employees, representatives or agents.
11.5. We will not be liable to you for any Consequential Loss no matter the nature of the loss, damage, liability, claim or cause of action.
11.6. You warrant to the Institute that:
11.6.1 you are fully authorised to publish (including authorising us and others to publish) the Ad and all advertising materials you provide to us;
11.6.2 providing the Ad and the advertising materials to us and reproducing, circulating, publishing, communicating to the public and using those materials does not and will not infringe the rights (including IP Rights and moral rights) of any person;
11.6.3 you and your product the subject of the Ad meets the Advertising Requirements; and
11.6.4 you have and will maintain, all licences, consents and other permissions necessary to perform your obligations and give the Ad to us under this Agreement.
11.7. If you, your officers, employees, contractors, agents or licensees:
11.7.1 breach a warranty that you give under these Terms (including in clause 14.1) or breach these Terms; or
11.7.2 engage in an unlawful or negligent act or omission which causes the Institute loss or damage;
11.7.3 a third party makes a claim against the Institute in connection with:
a. your Ad; or
b. in connection with the publication communication or reproduction of comments about or content in your Ad (whether on the Website or in print or digital media);
you are liable for and must progressively compensate the Institute for all damages, costs, judgments, settlement sums, expenses (including reasonable legal fees) which the Institute incurs in connection with the breach, act or claim, but this liability to indemnify is reduced to the extent that a liability in connection with the breach or claim was caused by our negligence.
11.8. In clause 14.2, each reference to the Institute includes its officers, employees, contractors and agents, individually or collectively.
11.9. Despite anything in this clause 14, you will not be liable to the Institute for Consequential Loss.
12.1. The Agreement will end on the End Date specified in the Advertising Order, unless:
12.1.1 we agree to renew the Agreement and you pay the renewal fees in accordance with clause 3.2, or
12.1.2 terminated earlier in accordance with clauses 3.2.2, 8 or this clause 15.
12.2. The Institute may end the Agreement:
12.2.1 for convenience: by giving you 10 business days’ notice.
12.2.2 if you fail to pay the Advertising Fee by the date they are due: by giving you a notice by email and a further 5 business days after that notice to first remedy the failure.
12.2.3 if you are or are likely to become insolvent or bankrupt: immediately without notice.
12.2.4 if the Institute reasonably anticipates detriment or damage to its members’ professional interests, or the Institute’s reputation or commercial interests, or the advertiser doesn’t meet requirements or following a Moderator Decision under clause 8.6: immediately by notice (with or without giving reasons).
12.3. On the date that the Agreement ends or is terminated, we will immediately stop providing the Advertising Services and you must promptly pay the Institute all outstanding Advertising Fees (if any).
12.4. The rights to end the Agreement under clause 15.2 are in addition to, and do not prejudice or replace, any other remedy a party may have in respect of a breach of the Agreement.
12.5. The representations and obligations in clauses 1, 7, 8, 10, 11, 12.3, 13, 14, 15.4, 15.5, 16 and 17 survive the End Date or termination of the Agreement.
13.1. All amounts and fees are quoted as exclusive of GST, unless expressly stated otherwise. All additional amounts equal to the applicable GST to be paid for a taxable supply under or in connection with the Agreement, must be paid at the same time when the consideration for that taxable supply is first paid or provided.
13.2. If any part of the Agreement is held to be unenforceable, the remaining provisions of the Agreement are unaffected and remain in full force and effect.
13.3. The Agreement between the Institute and an advertiser is governed by and construed in accordance with the laws of the State of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts in the State of Victoria and courts of the Commonwealth competent to hear appeals from those courts.
13.4. If the Institute doesn’t exercise or delays in exercising any right, power or remedy under the Agreement, this does not prevent the Institute from exercising that right, power or remedy.
13.5. Except as set out in these Terms, any variation or waiver of all or part of the Agreement must be evidenced in writing (exchange of emails is acceptable) and signed by both parties before the variation or waiver is effective.
13.6. No part of these Terms or the Agreement are to be construed against a party merely because that party was responsible for preparing or proposing the Terms, an Advertising Order or the Agreement.
13.7. The parties consent to the use of email and electronic signatures and agree that they will be bound by and have complied with the Electronic Transactions (Victoria) Act 2000 (and equivalent Commonwealth and state or territory legislation) in relation to the execution of and other acts done or notices given under or in connection with the Agreement.
In these Terms and in an Advertising Order (unless otherwise indicated in the order), the following capitalised terms have the corresponding meaning given to them:
14.1. Advertising Fee means the fees and other charges payable for Advertising Services set out in an Advertising Order and each annual renewal Advertising Fee notified to you under clause 3.2.
14.2. Advertiser and Consumer Laws includes the rules, recommendations and guidelines of Ad Standards Limited, the Advertising Standards Community Panel or Industry Jury, the Advertising Claims Board, the Australian Competition and Consumer Commission and the codes of conduct laid down by those bodies or any other accepted standard of advertising that may be appropriate; the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and equivalent Fair Trading legislation in each state and territory; and the Privacy Act 1988 (Cth) and all amendments and replacements or re-enactments of those Advertiser and Consumer Laws.
14.3. Advertising Services means the advertising services to publish, in accordance with the terms requirements and limitations of this Agreement, an Ad includes those services anticipated in clause 1.5.
14.4. Consequential Loss includes the loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
14.5. Product Qualification Requirements means:
14.5.1 the set of ethical, social procurement and quality standards requirements that are published or provided by the Institute from time to time (if any); and
14.5.2 the Australian Standards and the requirements of the National Construction Code;
which are applicable to the specific product or material in an Ad, whether or not the Ad is published or displayed.
14.6. Product Ad means an advertisement of an advertiser’s products or materials or services connected to the built environment, that is prepared by you under clause 2.1, whether or not it is published to or displayed online.
14.7. Product Qualification Order means an order submitted by you for Advertising Services, in the form and containing the detail that the Institute requires or provides from time to time.
14.8. Trade Marks means the signs used, or intended to be used, by a party, either as owner or licensee, to distinguish its goods or services from those of others whether registered or not, and in whatever form.
14.9. Force Majeure Event means any event or circumstance beyond the reasonable control of a party (where there is no negligence of that party) which include:
14.9.1 any act of God, or flood, fire, or pandemic event;
14.9.2 strike, lockout or other industrial disturbance;
14.9.3 sabotage, war, terrorism, blockade and insurrection, restraint of government or civil disturbance, whether by domestic or non-domestic actors;
14.9.4 digital interference, hacking or hijacking whether by known or anonymous actors;
14.9.5 terrestrial or extra-terrestrial interference, sun outages, satellite interference or failure, machinery or digital infrastructure failure; or
any cause of a similar nature beyond the reasonable control of either party, but does not include any event or circumstance which affects a party’s payment obligation.
Products & Materials Library Advertising Terms and Conditions—Version 1A–September 2021
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