AGA Showroom Terms and Conditions
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1. Definitions
1.1 AGA
AGA means The Australian Gas Association Ltd ABN: 98 004 206 044
1.2 AGA Showroom
AGA Showroom means: www.gas.asn.au and/or https://www.gas.asn.au and/or http://www.gas.asn.au and/or the AGA Showroom iOS app and/or android app downloaded from the apple iTunes store and/or the Google Play store respectively.
1.3 AGAListedMark
AGAListedMark means a legally protected mark owned by AGA, which is licensed to a Gas Fitter for use strictly in accordance with these Terms and Conditions and not otherwise.
1.4 Gas Fitter
Gas Fitter means an individual or company who has registered as a “gasfitter” on the AGA Showroom who intends to list their gas fitting business, or has listed their gas fitting business on the AGA Showroom.
1.6 Gas Fitter Listing
Gas Fitter Listing means a listing of a Gas Fitter approved by AGA to be listed on the AGA Showroom and is visible to all Users.
Note: A Gas Fitter with a Gas Fitter Listing is referred to as an AGA Listed Gas Fitter.
1.7 Information
Information means any content, words, letters, photographs, media, reviews, illustrations, advertisements, website links, programming and/or uploads which have been included on the AGA Showroom.
1.8 Product Listings
1.8.1 Active Listing
Active Listing means a product listing approved by AGA to be listed on the AGA Showroom by a Supplier and is visible to all Users on the AGA Showroom.
1.8.2 Draft Listing
Draft Listing means a product listing which has not been completed by a Supplier and has not been submitted for AGA approval to be listed on the AGA Showroom. A Draft Listing is not visible to any User.
1.8.3 Deactivated Listing
Deactivated Listing means a product listing which has been rejected or removed from the AGA Showroom by AGA and is not visible to any User.
1.8.5 Pending Listing
Pending Listing means a product listing submitted by a Supplier to be reviewed by AGA before being listed on the AGA Showroom and is not visible to any User on the AGA Showroom.
1.9 Pending Gas Fitter Listing
Pending Gas Fitter Listing means a listing of a gas fitter submitted by a Gas Fitter on the AGA Showroom to be reviewed by AGA and is not visible to any User on the AGA Showroom.
1.10 Stripe
Stripe means the Stripe payment portal at www.stripe.com
1.11 Supplier
Supplier means an individual or company who has registered as a “Supplier” on the AGA Showroom, who intends to list an Active Listing or has listed an Active Listing on the AGA Showroom. A Supplier must be an AGA Certificate Holder member.
1.12 User
A User means a person who accesses the AGA Showroom, such as a Supplier, a Gas Fitter or any other person generally browsing on the AGA Showroom.
Words importing the singular only shall also include the plural (and vice versa)
Words importing one gender shall include every gender
Words importing persons shall include individuals, corporations, associations and partnerships
2. General
2.1 By accessing, using, viewing, participating and/or loading any part of the AGA Showroom, Users consent to these Terms and Conditions. If any entity who does not agree or cannot comply with these Terms and Conditions the entity must not access, use, view, participate and/or load anything on the AGA Showroom.
2.2 Users are responsible for the safekeeping of their AGA Showroom password.
2.3 Users are responsible to supply a correct email address, physical address, phone number and any other requested Information when registering for an account on the AGA Showroom.
2.4 A connection to the internet is required to operate any functions on the AGA Showroom.
2.5 AGA will assume when logged in to the AGA Showroom that a User or another entity authorised by the User is logged in.
2.6 AGA must be notified immediately if a User becomes aware of any unauthorised use of their Username or password.
2.7 Any User of the AGA Showroom is not authorised to sell or transfer any account obtained through the AGA Showroom.
2.8 Users must not violate any state, territory or federal law.
2.9 Users must not impersonate any other entity.
2.10 Users agree to indemnify, defend and hold harmless AGA and each of their respective directors, officers, employees, agents, contractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees on a lawyer-client basis), resulting from the User’s use of the AGA Showroom, or the User’s breach of any provision of these Terms and Conditions.
2.11 AGA may assign or otherwise transfer any or all of its rights arising out of these Terms and Conditions without having to obtain any User’s consent.
2.12 The laws of the State of Victoria in Australia govern these Terms and Conditions.
2.13 Notwithstanding AGA’s rights under these terms and conditions, AGA does not undertake to monitor or moderate the submission of Information on the AGA Showroom.
2.14 These Terms and Conditions may change from time to time and will be available on the AGA Showroom. Any revised Terms and Conditions take immediate effect when updated on the AGA Showroom.
2.15 Should any part of these Terms and Conditions be or become invalid, that part shall be severed from these Terms and Conditions. Such invalidity shall not affect the validity of the remaining Terms and Conditions.
2.16 All fees, costs and transactions are only in Australian Dollars ($AU).
2.17 All prices on the AGA Showroom are inclusive of GST.
3. Information/Content on the AGA Showroom
3.1 Users must provide accurate and current Information must be supplied when using the AGA Showroom.
3.2 AGA may in its discretion, and without any liability to any User or any third party, remove any content, block access to accounts, edit or remove any Information and/or disclose any User’s Information to any government regulatory authority or Court of Law.
3.3 Users must not upload or include any viruses, malware, spyware and/or of the like that may compromise or damage the operation of the AGA Showroom.
3.4 Information included on the AGA Showroom by any User is made publically available and Users authorise AGA globally an irrevocable, non-exclusive royalty-free license to use, reproduce, adapt, publish, translate and distribute the User’s content in any existing or future platform. Users also authorise AGA the right to sub-license these rights, and the right to bring an action for infringement of these rights.
3.5 AGA does not and has not endorsed and is not responsible for any content provided through a 3rd party link provided as Information on the AGA Showroom.
3.6 AGA is not responsible for reviewing or testing the content, accuracy, completeness, speed, validity, copyright compliance, legality, decency, quality or any other aspect of such third party web sites or content.
3.7 Users must not re-publish, copy or re-use any part of the AGA Showroom without direct authorisation by AGA in writing.
3.8 Users must not include Information that is intellectual property of another entity, the User does not have permission to include, is harmful, not in accordance with any state, territory or federal law, contravenes the privacy of another entity, harasses another entity, is defamatory, and/or objectionable to another entity.
3.9 Users warrant that Information is owned by the User when included on the AGA Showroom and that the Information and the licensing or provision of the Information to AGA (including AGA exercising the rights authorised to it) does not, and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy.
3.10 Users agree to pay any royalties, fees, or other monies owing to any entity as a result of the User including Information or licensing or providing that Information to AGA.
3.11 Information available on the AGA Showroom may not be accurate and may contain errors, viruses and/or computer glitches.
3.12 Users must not include any Information on the AGA Showroom that is or has ever been the subject of any threatened or legal proceedings or other similar complaint.
3.13 Users shall use the Information on the AGA Showroom at their own risk.
4. Users of the AGA Showroom Specific Terms and Conditions
4.1 Registering
4.1.1 Accurate and true Information must be supplied when registering for an account on the AGA Showroom.
4.2 Messages
4.2.1 The User agrees to use respectful language in any of the messages sent to any of the Suppliers.
4.2.2 The content of any messages the User sends to any of the Suppliers must not contain any foul language.
4.3 Gas Fitter Listings
4.3.1 Gas Fitters listed on the AGA Showroom have no connection with AGA.
4.3.2 AGA has not endorsed any of the Gas Fitters.
4.3.3 If a User chooses to contact any of the Gas Fitters, they will do so at their own risk.
4.3.4 AGA will initially verify the licence currency of a Gas Fitter, however, AGA is not responsible to verify the ongoing licence currency of a Gas Fitter after a Gas Fitter Listing is approved.
4.3.5 It is the User’s responsibility to verify any required licencing of a Gas Fitter.
4.3.6 Any transaction between a User and a Gas Fitter does not and will not involve AGA and any User will not seek any compensation by AGA for any such transaction.
4.3.7 A Gas Fitter may refuse and/or not provide any services or benefits for any reason. In this case, Users will not hold AGA responsible or liable.
4.4 Gas Fitter Reviews
4.4.1 AGA Showroom Users will have the opportunity to post one review for each Gas Fitter listed on the AGA Showroom.
4.4.2 Only AGA Showroom Users who have used the services of a Gas Fitter are permitted to leave reviews.
4.4.3 Any review posted must be respectful and must not contain any foul language.
4.4.4 AGA will remove any inappropriate reviews without notice.
4.5 Disputes
4.5.1 Users will handle any disputes directly with the Supplier and/or Gas Fitter and will not involve AGA whatsoever in any dispute.
5. Gas Fitter Specific Terms and Conditions
5.1 Registering
5.1.1 Accurate and true Information must be supplied when applying for an account on the AGA Showroom to become an AGA Listed Gas Fitter.
5.1.2 Only licenced gas fitters located in Australia are eligible to apply as a Gas Fitter.
5.1.3 The Gas Fitter must pay the Gas Fitter application fee during the Gas Fitter account application process.
5.1.4 The Gas Fitter acknowledges that the registration on the showroom is applicable to one location and additional subscriptions are available for multiple locations.
5.2 Gas Fitter Approval
5.2.1 The Gas Fitter acknowledges that when completing the listing Information and the Gas Fitter application payment is confirmed, the listing will become a Pending Gas Fitter Listing and will not be visible to Users. An email confirmation will be sent to the Gas Fitter if a Pending Gas Fitter Listing is approved or rejected.
5.2.2 The Gas Fitter acknowledges that prior to approving a Pending Gas Fitter Listing, AGA may conduct a thorough check of the Gas Fitter’s business, including but not limited to, gas fitter licence check, business checks, credit history checks etc.
5.2.3 The Gas Fitter agrees and acknowledges that if their application is approved by AGA, the Gas Fitter (i) will be admitted as an Associate Member of the Australian Gas Association, and (ii) will abide by the Constitution of the Australian Gas Association and any Rules, Regulations and/or By-laws made pursuant thereto, in accordance with the Constitution found via the following link https://www.aga.asn.au/wp-content/uploads/2017/07/AGAConstitution_12_December_2013.pdf
5.3 Gas Fitter Listing
5.3.1 The Gas Fitter is responsible for the currency of their Gas Fitter Listing and will not hold AGA responsible or liable for any Information included.
5.3.2 The Gas Fitter is solely responsible for any goods, services or benefits listed on their Gas Fitter Listing which they have committed to provide.
5.3.3 The Gas Fitter acknowledges and agrees that all fees they set out on their Gas Fitter Listing are inclusive of GST.
5.3.4 The Gas Fitter acknowledges and agrees that an annual Gas Fitter registration fee must be paid for each Gas Fitter Listing and in the event this fee is not paid on the payment anniversary each year, the Gas Fitter Listing will become a Pending Gas Fitter Listing.
5.4 Editing a Gas Fitter Listing
5.4.1 If a Gas Fitter Listing through the AGA Showroom dashboard is edited, the Gas Fitter Listing may become a Pending Gas Fitter Listing and will not be visible on the AGA Showroom unless approved by AGA.
5.5 The use of the AGAListedMark
5.5.1 Subject to the Gas Fitter’s compliance with each of its obligations under these Terms and Conditions, AGA grants to the Gas Fitter a licence to use the AGAListedMark for the purposes of promotion of the Gas Fitter, such as using the AGAListedMark on Gas Fitter business cards, emails and vehicles.
5.5.2 The Gas Fitter acknowledges that the AGAListedMark will not be used unless the Gas Fitter has a current Gas Fitter Listing on the AGA Showroom.
5.5.3 The Gas Fitter agrees that the licence to use of AGAListedMark is personal to the Gas Fitter and is not transferrable to any other party.
5.5.4 The Gas Fitter acknowledges that any fee once paid by the Gas Fitter is non-refundable and non-transferrable to any other party.
5.5.5 The Gas Fitter warrants the AGAListedMark will only be used in accordance with these Terms and Conditions and/or as otherwise directed by AGA.
5.5.6 The Gas Fitter will ensure the AGAListedMark is used in accordance with any guidelines on use published by AGA from time to time.
5.5.7 The Gas Fitter will report to AGA any suspected or actual unauthorised use of the AGAListedMark of which the Gas Fitter becomes aware.
5.5.8 The Gas Fitter will provide all assistance and co-operation reasonably requested by AGA to protect the AGAListedMark.
5.5.9 The Gas Fitter will not represent that it owns or has any rights to the AGAListedMark other than those granted under these Terms and Conditions.
5.5.10 The Gas Fitter will not apply for registration of any trade mark, business name or company name that incorporates any name or logo the same as, substantially identical with or deceptively similar to the AGAListedMark.
5.5.11 The Gas Fitter acknowledges the AGAListedMark is legally protected and its unauthorised use is strictly prohibited.
5.5.12 The Gas Fitter acknowledges and agrees to cease using any AGAListedMark immediately upon request by AGA if in the opinion of AGA the Gas Fitter has failed to comply with obligations set out in these Terms and Conditions.
5.5.13 The Gas Fitter acknowledges that AGA may exercise its rights in the manner set out in these Terms and Conditions in the event that the Gas Fitter fails to comply with the marking requirements of the AGAListedMark.
5.5.14 The Gas Fitter acknowledges failure to comply with these Terms and Conditions may result in the removal of their Gas Fitter Listing.
5.5.15 The Gas Fitter acknowledges AGA may terminate the licence to use the AGAListedMark with immediate effect by giving notice to the Gas Fitter if the Gas Fitter has breached any one or more of these Terms and Conditions.
5.5.16 The Gas Fitter agrees to immediately remove all references to the AGAListedMark if their Gas Fitter Listing is cancelled, suspended and/or removed from the AGA Showroom for any reason.
5.5.17 The Gas Fitter must alert AGA immediately if the Gas Fitter’s licence has been suspended, cancelled, expired and/or lost for any reason.
5.5.18 The Gas Fitter agrees that the AGAListedMark shall only be reproduced in accordance with the artwork provided to the Gas Fitter by AGA.
5.5.19 The Gas Fitter agrees that if the AGAListedMark is to be reproduced in colour, the colours shall be PMS 2728 (blue) and PMS 340 (green) only, or as otherwise authorised by AGA.
5.5.20 The Gas Fitter agrees that unless authorised in writing by AGA, the AGAListedMark shall only be reproduced with an external diameter of no less than 3 cm.
5.6 Service
5.6.1 The Gas Fitter will honour and will provide any goods, services or benefits committed to through the AGA Showroom.
5.7 Code of Ethics
5.7.1 The Gas Fitter agrees to act and behave in the interest and promotion of consumer safety, the Australian gas industry, AGA and to the betterment of the Australian community.
5.7.2 The Gas Fitter agrees to remain up to date and comply with the latest Australian Federal, State and/or Territory government Acts/ Regulations relating to the Gas Fitter’s licencing requirements.
5.7.3 The Gas Fitter agrees to remain up to date and comply with relevant Standards, such as AS/NZS 5601.1 and AS/NZS 5601.2.
5.7.4 If in doubt, the Gas Fitter agrees to verify compliance with the local government regulator for a service provided, such as a gas appliance installation or maintenance.
5.7.5 The Gas Fitter agrees to be courteous, efficient, non-discriminatory and honest with consumers who engage the Gas Fitter’s services.
5.7.6 The Gas Fitter agrees to be responsive, honest and courteous when dealing with Users.
5.7.7 The Gas Fitter agrees to carry out their business in an honest manner. This includes, but is not limited to,
5.7.7.1 The Gas Fitter must not collude with other gas fitters for the purpose of price fixing.
5.7.7.2 The Gas Fitter must not collude with other gas fitters for the purpose of price gouging.
5.7.7.3 The Gas Fitter must not provide false or misleading information.
5.7.7.4 The Gas Fitter must not be deceptive to consumers.
5.7.8 The Gas Fitter acknowledges that AGA may remove the Gas Fitter Listing at any time if the Gas Fitter is in breach of these Terms & Conditions as determined by AGA.
5.8 Disputes
5.8.1 The Gas Fitter agrees to handle any disputes directly with the Users and will not involve AGA whatsoever in any dispute.
5.9 Reviews
5.9.1 The Gas Fitter acknowledges that Users are able to leave a review and a star rating on their Gas Fitter Listing.
5.9.2 The Gas Fitter will not to hold AGA liable for any loss business as a result of the reviews and/or star rating on the Gas Fitter Listing.
5.9.3 The Gas Fitter acknowledges and agrees that AGA may suspend or remove the Gas Fitter Listing if there are consistent negative low star rating reviews. In this case, the Gas Fitter agrees and acknowledges that no refund will be given by AGA.
5.10 Termination of Account
5.10.1 The Gas Fitter acknowledges and agrees that if their Gas Fitter Listing is suspended or cancelled for any reason or otherwise terminated, (i) the Gas Fitter’s Associate Membership status will be removed and cancelled in accordance with the Constitution of the Australian Gas Association, (ii) the Gas Fitter may no longer use the AGAListedMark as set out in section 5.5, (iii) The Gas Fitter may no longer market or claim they are an AGA Listed Gas Fitter.
5.10.2 The Gas Fitter acknowledges that if their Gas Fitter Listing is suspended or cancelled for any reason or otherwise terminated, they may not be able to use the AGA Showroom functions and may have disgruntled and/or dissatisfied customers. The Gas Fitter will not hold AGA responsible or liable for any action or claim for losses from any entity against the Gas Fitter.
6. Supplier Specific Terms and Conditions
6.1 Registering
6.1.1 Accurate and true Information must be supplied when registering for an account on the AGA Showroom.
6.2 Listing a Product
6.2.1 Only AGA certified products can be listed on the AGA Showroom.
6.2.2 The Supplier is required to open a Stripe account and link it to AGA’s Stripe connect platform.
6.2.3 The Supplier is responsible for the currency and accuracy of Information on the Supplier’s Active Listings and the Suppler will not hold AGA responsible or liable for any Information included.
6.2.4 When the Supplier adds a new listing, the listing will become a Pending Listing and will not be visible to Users unless approved by AGA. An email confirmation will be sent to the Supplier if a Pending Listing is approved or rejected.
6.2.5 If the Supplier does not complete the listing, the listing will be become a Draft Listing and it is Supplier’s responsibility to finalise the Draft Listing in order to proceed with the listing approval process.
6.2.6 It is the Supplier’s responsibility to set and monitor the product price on Active Listings where applicable.
6.3 Enhancement of a Listing
6.3.1 Featured Listing
6.3.1.1 The Supplier will need to pay an annual fee to have an Active Listing featured.
6.3.1.2 If the Supplier agrees to pay to feature an Active Listing, the Supplier acknowledges that the Active Listing will automatically cease to be featured exactly 1 year from when AGA receives payment for featuring an Active Listing.
6.3.1.3 The Supplier will be required to edit a listing and pay for an Active Listing to be featured again, if the Supplier chooses to have an Active Listing continue to be featured after the feature enhancement has expired.
6.3.1.4 The Supplier acknowledges that a featured Active Listing will randomly be displayed in no particular order on the home page of the AGA Showroom.
6.3.1.5 The Supplier acknowledges that a Featured Listing is not transferrable to any other listing.
6.3.2 Number of Views
6.3.2.1 The Supplier will need to pay a one off fee to have access to the number of views of an Active Listing.
6.3.2.2 The Supplier acknowledges that this enhancement is not transferrable to any other listing.
6.3.3 HTML Availability
6.3.3.1 The Supplier will need to pay a one off fee to have HTML availability an Active Listing.
6.3.3.2 The Supplier acknowledges that HTML availability is not transferrable to any other listing.
6.3.4 Interactive Map
6.3.4.1 The Supplier will need to pay a one off fee to have an interactive map visible for an Active Listing on the AGA Showroom.
6.3.4.2 The Supplier acknowledges that this enhancement is not transferrable to any other listing.
6.4 Listing Approval Process
6.4.1 Prior to approving a Pending Listing, AGA may conduct a thorough check of the product to be listed, including but not limited to, ensuring the products are AGA Certified.
6.4.2 Prior to approving a Pending Listing, AGA will cross reference the Information supplied for the Pending Listing with the AGA certified product information, including, but not limited to pressure ratings, consumption rates, star ratings and product images. In the event any discrepancies are found, Pending Listings will be rejected.
6.5 Editing a Listing
6.5.1 If a Supplier edits an Active Listing through the AGA Showroom dashboard, the Active Listing will become a Pending Listing and will not be visible on the AGA Showroom unless approved by AGA.
6.5.2 If any listing Information is edited by a Supplier, such as model category, sub-category and model details, the Information must not materially differ, and if they do, the edited Pending Listing may be rejected.
6.6 Removal of an Active Listing
6.6.1 An Active Listing cannot be removed by a Supplier on the AGA Showroom.
6.6.2 Through the AGA Showroom dashboard the Supplier can request for an Active Listing to be removed from live view.
6.6.3 AGA can remove an Active Listing for any reason without notice.
6.6.4 AGA will remove an Active Listing if the AGA Certification associated with an Active Listing is suspended or cancelled.
6.6.5 The removal of an Active Listing from live view is not permanent as it will still be available on the AGA Showroom desktop as a Deactivated Listing. Deactivated Listings can be edited and converted to Pending Listings for further review by AGA.
6.7 Fees
6.7.1 Fees
6.7.1.1 An annual Fee per listing is payable.
6.7.1.2 An Active Listing will be removed from the AGA Showroom 1 year from when AGA receives payment, unless further payment is received for the following year.
6.7.1.3 Any Fees paid are non-refundable.
6.7.1.4 The annual Fee covers 1 year from when the Supplier submits a Pending Listing for review and not when the Pending Listing is approved.
6.8 Disputes
6.8.1 The Supplier agrees to handle any disputes directly with Users and will not involve AGA whatsoever in any dispute.
6.9 Messages
6.9.1 Respectful language must be used in any of the messages sent on the AGA Showroom
6.9.2 The content of any messages sent on the AGA Showroom must not contain any foul language.
7. Termination of an AGA Showroom Account
7.1 AGA may cancel, suspend and/or remove any AGA Showroom account from the AGA Showroom for any reason and without notice. Reasons may include but are not limited to, the violation of any of these Terms and Conditions and/or the inappropriate use of the AGA Showroom. Following any such termination, AGA shall have no further obligations, responsibilities or liabilities.
7.2 Information may remain on the AGA Showroom even after an account has been cancelled, suspended and/or removed.
7.3 If a Supplier’s account is cancelled and/or suspended, the Supplier will not be able to use AGA Showroom functions.
8. Fees
The AGA Showroom includes the following fees (as applicable) with Australian Dollar amounts including GST, as displayed during the use of the AGA Showroom whereby Users can choose to pay when prompted.
8.1 The listing Fee is a set fee charged to the Supplier per Active Listing per year.
8.2 The Gas Fitter Registration Fee is a set fee charged to the Gas Fitter per Gas Fitter Listing per year.
8.3 Listing Enhancement Fees
8.3.1 The featured Listing Enhancement Fee is a set fee charged to the Supplier per year per Active Listing.
8.3.2 The Number of Views Enhancement Fee is a set fee charged to the Supplier per Active Listing.
8.3.3 The HTML availability Enhancement Fee is a set fee charged to the Supplier per Active Listing.
8.3.4 The Interactive Map Enhancement Fee is a set fee charged to the Supplier per Active Listing.
8.4 The Credit Card Fee is set by Stripe.
AGA holds the right to make changes to the above fees from time to time and will be updated on the AGA Showroom.
9. Privacy Policy
Please go to https://www.gas.asn.au/privacy-policy/ to view and read our privacy policy.
AGA
The Australian Gas Association Limited
66 Malcolm Road Braeside Victoria 3195
Australia