AGA Showroom Terms and Conditions
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.


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.


1.3 Customer


Customer means an individual or company who has registered as a “Customer” on the AGA Showroom who intends to purchase products as displayed on an Active Listing, or has purchased products through the AGA Showroom.


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.


1.5 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.    


1.6 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.


1.7 Product Listings


          1.7.1 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.


          1.7.2 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.


          1.7.3 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.


                1.7.4 Out of Stock Listing


Out of Stock Listing means a product listing which has exhausted the stock levels provided by a Supplier and is not visible to any User on the AGA Showroom.


          1.7.5 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.


1.8 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.


1.9 Product


Product means a product offered for sale by a Supplier on the AGA Showroom as displayed on the Supplier’s Active Listing.


1.10 Purchased Product


Purchased Product means a product which has been purchased by a Customer on the AGA Showroom platform. This does not apply to products purchased outside the AGA Showroom platform, such as external websites linked through the AGA Showroom. 


1.11 Receipt


Receipt means a document provided by Suppliers to Customers as a proof of purchase record of a Purchased Product. A Receipt can be in the form of a tax invoice, a printed cash register or hand written receipt.


1.11 Summary of Purchase


Summary of Purchase means a document provided by AGA to Suppliers and Customers as a record of the transaction completed between the Suppliers and Customers on the AGA Showroom. The Summary of Purchase is not a Receipt.


1.12 Stripe


Stripe means the Stripe payment portal at www.stripe.com


1.13 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.


1.14 User


A User means a person who accesses the AGA Showroom, such as a Customer, 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.                     Customer and 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                    Buying Products through the AGA Showroom


4.2.1              Products on the AGA Showroom are available to be purchased directly from Suppliers and are not connected to AGA whatsoever.


4.2.2              Suppliers are the provider of the Products and are solely responsible for the supply of any Purchased Products.


4.2.3              Apart from the AGA administration fee, any payment the Customer makes when purchasing any Product is made directly to the Supplier.    


4.2.4              The Customer will not be receiving a Receipt at the time of purchase of any Product through the AGA Showroom.


4.2.5              A Receipt should be provided directly by the Supplier upon delivery or pick up of any Purchased Product by the Supplier.


4.2.6              Purchased Products will have either a pick up or delivery option, or both, and the Customer is required to choose the Customer’s preferred method before proceeding to checkout.


4.2.7              If the Customer chooses the delivery option, a delivery fee may be applicable and that fee must be fully paid by the Customer in full during the purchase of the Product.


4.2.8              The Customer agrees to pay all fees, including, product cost, delivery fees and AGA administration fee during the purchase of any Product.


4.2.9              The AGA Showroom only accepts full payment with a valid credit card through the Stripe payment system.


4.2.10           The Customer must be the owner of the credit card, or the Customer must have authority to use any credit card provided to purchase Products from the AGA Showroom. 


 


4.3                    Receiving Purchased Products


4.3.1              Pick Up Option


4.3.1.1         If the Customer has chosen to pick up a Purchased Product, the Customer acknowledges that it is the Customer’s responsibility to contact the Supplier of the Purchased Product to orgasnise a suitable time for picking up the Purchased Product from the Supplier’s premises.


4.3.1.2         It is the Customer’s responsibility to organise suitable transport as well as loading and/or unloading of the Purchased Product.


4.3.1.3         All transport, loading and/or unloading costs will be borne by the Customer.  


4.3.1.4         The Customer will not hold AGA responsible for damage or otherwise caused to the Purchased Product, property and/or vehicles during the transport, loading and/or unloading of the Purchased Product. 


4.3.2              Delivery Option


4.3.2.1         If the Customer has chosen for a Purchased Product to be delivered by the Supplier, it is the Customer’s responsibility to organise a suitable time with the Supplier to have the Purchased Product delivered to the Customer’s premises.


4.3.2.2         AGA is not responsible or involved with organising or carrying out delivery of any Purchased Product.


4.3.2.3         If the Customer has chosen for a Purchased Product to be delivered by the Supplier, it is the responsibility of the Supplier to deliver the Purchased Product to the Customer once the Customer has organised the delivery arrangements with the Supplier.


4.3.2.4         The Customer will not hold AGA responsible for damage or otherwise caused to the Purchased Product, property and/or vehicles during the loading and/or unloading of the Purchased Product.


4.3.2.5         The Customer agrees to handle any disputes regarding the delivery of the Purchased Product directly with the Supplier and/or any delivery third party service the Supplier has engaged.


4.3.3              Product not supplied


4.3.3.1         A Supplier may refuse and/or not provide a Purchased Product and/or any goods, services or benefits which the Customer believes they are entitled to for any reason, and in this case the Customer will not hold AGA responsible or liable. 


4.3.3.2         A Supplier may go out of business and/or may not exist in future and any Purchased Product and/or goods, services or benefits to which the Customer believes they are entitled may be lost. In this case no compensation will be provided by AGA and the Customer will not hold AGA responsible or liable for any loss.


4.3.3.3         A Supplier may have their AGA Showroom account terminated for any reason and any Purchased Products and/or goods, services or benefits which the Customer believes they are entitled may be lost. In this case no compensation will be provided by AGA and the Customer will not hold AGA responsible or liable for any loss. 


4.4                    Receipts


4.4.1.1         AGA does not and will not provide any form of a Receipt for any Purchased Product.  A Summary of Purchase will be emailed and available through the AGA Showroom dashboard for the Customer’s records and information only.  


4.4.2              It is the responsibility of the Supplier to provide the Customer with a Receipt when the Purchased Product is delivered to the Customer or when the Customer picks up the Purchased Product.


 4.5                    Installation of Purchased Products


4.5.1              The Customer is responsible to organise for the installation of any Purchased Product and will not hold AGA or any other party responsible for the installation.


 4.6                    Returns


4.6.1              Any returns of a Purchased Product must be conducted solely between the Customer and the Supplier of the Purchased Product.


4.6.2              AGA has no authority and/or connection regarding the supply of the Purchased Product and AGA will not be involved in any returns process of any Purchased Product. 


4.6.3              The Customer agrees not to hold AGA liable for any reason and the Customer will not ask AGA for any compensation as a result of the return process between the Customer and the Supplier.  


4.7                    Warranty


4.7.1              Any warranty of a Purchased Product must be processed solely between the Customer and the Supplier of the Purchased Product.


4.7.2              AGA has no authority and/or connection regarding the warranty of the Purchased Product and will not be involved in any warranty process of any Purchased Product. 


4.7.3              The Customer agrees not to hold AGA liable for any reason and the Customer will not ask AGA for any compensation as a result of the warranty process between the Customer and the Supplier. 


4.8                    Refunds


4.8.1              Any refund of a Purchased Product must be sought solely from the Supplier of the Purchased Product.


4.8.2              AGA has no authority and/or connection regarding any refunds of the Purchased Product and will not be involved in any refund process of any Purchased Product. 


4.8.3              The Customer will not hold AGA liable for any reason and will not seek compensation from AGA as a result of the refund process between the Customer and the Supplier.


4.8.4              AGA administration fees as described in these Terms and Conditions are non-refundable and the Customer will not seek a refund of these fees from AGA. 

 

4.9                    Fees


4.9.1              In addition to any Product costings and delivery costs (if applicable), every purchase transaction through the AGA Showroom will incur an AGA administration fee.


4.9.2              Any AGA administration fees paid when purchasing a Product are not refundable, and the Customer will not seek a refund on these fees by AGA.


4.10                Messages


4.10.1           The Customer agrees to use respectful language in any of the messages sent to any of the Suppliers.


4.10.2           The content of any messages the Customer sends to any of the Suppliers must not contain any foul language.



4.11                Gas Fitter Listings


4.11.1           Gas Fitters listed on the AGA Showroom have no connection with AGA.


4.11.2           AGA has not endorsed any of the Gas Fitters.


4.11.3           If a User chooses to contact any of the Gas Fitters, they will do so at their own risk.


4.11.4           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.


4.11.5           It is the User’s responsibility to verify any required licencing of a Gas Fitter.


4.11.6           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.


4.11.7           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.


4.12                Gas Fitter Reviews


4.12.1           AGA Showroom Customers will have the opportunity to post one review for each Gas Fitter listed on the AGA Showroom.


4.12.2           Only AGA Showroom Customers who have used the services of a Gas Fitter are permitted to leave reviews.


4.12.3           Any review posted must be respectful and must not contain any foul language. 


4.12.4           AGA will remove any inappropriate reviews without notice. 


4.13                Disputes


4.13.1           Users will handle any disputes directly with the Supplier and/or Gas Fitter and will not involve AGA whatsoever in any dispute. The dispute may involve, but is not limited to, not receiving any goods, services or benefits which the User believes they are entitled including, but not limited to, warranties, refunds, discounts, property damage during delivery or pick up of products, damage during installation or servicing etc.


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 Customers.


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 Customers and/or other Users and will not involve AGA whatsoever in any dispute. The dispute may involve, but is not limited to, the Customers and/or other Users not receiving any goods, services or benefits to which the Customer/User believes they are entitled, including warranties, refunds, discounts, property damage, damage during installation or servicing etc.


5.9                    Reviews


5.9.1              The Gas Fitter acknowledges that Customers 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.


6.1.2              The Supplier agrees to honour the supply of Purchased Products to Customers.

 


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 Customers 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, including any sale price or bulk buy prices set.

 


6.3                    Stripe Account


6.3.1              The Supplier must open a Stripe account before The Supplier can proceed with the listing process on the AGA Showroom.


6.3.2              AGA uses Stripe Connect to be able to transfer payments for Purchased Products from Customer's to Supplier's accounts minus the AGA Showroom Fee.


6.3.3              The Supplier acknowledges that AGA has no control over any of the Stripe processes.


6.3.4              The Supplier agrees to deal with any disputes the Supplier may have regarding Stripe transactions directly with Stripe and the Supplier will not hold AGA liable for any losses the Supplier may incur with Stripe transactions and/or dealings.

 


6.4                    Enhancement of a Listing


6.4.1              Featured Listing


6.4.1.1         The Supplier will need to pay an annual fee to have an Active Listing featured.


6.4.1.2         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.


6.4.1.3         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.


6.4.1.4         The Supplier acknowledges that a featured Active Listing will randomly be displayed in no particular order on the home page of the AGA Showroom.


6.4.1.5         The Supplier acknowledges that a Featured Listing is not transferrable to any other listing.


 6.4.2              Number of Views


6.4.2.1         The Supplier will need to pay a one off fee to have access to the number of views of an Active Listing. 


6.4.2.2         The Supplier acknowledges that this enhancement is not transferrable to any other listing.


6.4.3              HTML Availability


6.4.3.1         The Supplier will need to pay a one off fee to have HTML availability an Active Listing. 


6.4.3.2         The Supplier acknowledges that HTML availability is not transferrable to any other listing.


6.4.4              Interactive Map


6.4.4.1         The Supplier will need to pay a one off fee to have an interactive map visible for an Active Listing on the AGA Showroom. 


6.4.4.2         The Supplier acknowledges that this enhancement is not transferrable to any other listing.


 6.5                    Listing Approval Process


6.5.1              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, physically available for sale, visiting the Supplier’s premises for confirmation, business checks, credit history checks etc.


6.5.2              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.


6.6                    Active Listing Stock (if applicable)


6.6.1              It is the responsibility of the Supplier to ensure the available stock allocated for an Active Listing is correct, and that the Supplier is able to supply the amount of stock set on an Active Listing.


6.6.2              When the available stock count allocated for an Active Listing is exhausted, the Active Listing will become an Out Of Stock Listing and will not be visible on the AGA Showroom.  


6.6.3              The Supplier is responsible for updating Out Of Stock Listings to adjust the available stock level.


6.6.4              When Out Of Stock Listing details are updated, the listing will become a Pending Listing.


6.6.5              Prior to AGA approving a Pending Listing it will not be visible to Users unless approved by AGA.


 6.7                    Editing a Listing


6.7.1              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.


6.7.2              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.


 6.8                    Removal of an Active Listing


6.8.1              An Active Listing cannot be removed by a Supplier on the AGA Showroom.


6.8.2              Through the AGA Showroom dashboard the Supplier can request for an Active Listing to be removed from live view.


6.8.3              AGA can remove an Active Listing for any reason without notice.


6.8.4              AGA will remove an Active Listing if the AGA Certification associated with an Active Listing is suspended or cancelled.


6.8.5              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 in accordance with 6.5 of these Terms and Conditions.


6.9                    Supply of Purchased Products (if applicable)


6.9.1              The Supplier is responsible for supplying any Purchased Products, services and/or benefits to the Customers as listed in an Active Listing.


6.9.2              Pick Up option (if applicable and chosen by Customer)


6.9.2.1         It is the Supplier’s responsibility to contact the Customer of a Purchased Product to orgasnise a suitable time for the Customer to pick up the Purchased Product from the Supplier’s premises.


6.9.2.2         It is the Supplier’s responsibility to ensure the Purchased Product is available for the Customer to pick up at the time the Supplier has agreed with the Customer. 


6.9.2.3         AGA is not responsible for damage caused to the Purchased Product, property and/or vehicles during the loading, transportation or unloading of the Purchased Product.


6.9.3              Delivery Option (if applicable and chosen by Customer)


6.9.3.1         The Supplier is solely responsible for the delivery of Purchased Products or services that a Customer purchases through the AGA Showroom.


6.9.3.2         The Delivery Fee set out on the AGA Showroom is solely the Supplier’s responsibility.


6.9.3.3         It is the Supplier’s responsibility to contact the Customer of the Purchased Product to orgasnise a suitable time for delivering the Purchased Product to the Customer’s premises.


6.9.3.4         It is the Supplier’s responsibility to organise suitable transport as well as loading and/or unloading of the Purchased Product and that all transport, loading and/or unloading costs will be borne by the Supplier. 


6.9.3.5         AGA is not responsible for damage or otherwise caused to the Purchased Product, property and/or vehicles during the transport, loading and/or unloading of the Purchased Product.


6.9.3.6         AGA is not responsible or involved with organising delivery of any Purchased Product. 


6.9.3.7         The Supplier agrees to handle any disputes regarding the delivery of the Purchased Product directly with the Customer and/or any third party delivery service.   


6.9.4              Providing a Receipt to Customers


6.9.4.1         The Supplier must provide a Receipt to the Customer for the Purchased Product at the time of delivery or at the time the Purchased Product is picked up by the Customer.


6.9.4.2         AGA does not, cannot, and will not provide any form of a Receipt for any Purchased Product.


6.10                Fees


6.10.1           AGA Showroom Fee


6.10.1.1     The sale of Purchased Products through the AGA Showroom will automatically incur an AGA Showroom Fee at a percentage (as set by AGA) of the Purchased Product cost.  The AGA Showroom Fee may change from time to time and is available upon request from AGA office@aga.asn.au. This fee will be automatically deducted during the Stripe transaction processing during a purchase.


Note: this fee is only calculated on the total Purchase Product cost and not any delivery fees.


6.10.1.2     The Supplier agrees to pay the AGA Showroom Fee and agrees to have the AGA Showroom Fee automatically deducted during the Purchased Product transaction.


6.10.1.3     The AGA Showroom Fee is non-refundable.


6.10.1.4     If the Supplier proceeds with a refund to a Customer of a Purchased Product, it is the Supplier’s responsibility to pay the AGA Showroom Fee amount in full to the Customer and will not seek compensation of this fee from AGA.


6.10.2           AGA Administration Fee


6.10.2.1     An AGA Administration Fee is a set fee per transaction and payable by the Customer during the purchase transaction.


6.10.3           Credit Card Fee


6.10.3.1     A Credit Card Fee is charged by Stripe and payable by the Supplier during the purchase transaction.


6.10.4           Referral Fee


6.10.4.1     If a Supplier chooses to have external website referral options when creating a listing, an annual Referral Fee per listing is payable.


6.10.4.2     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.   


6.10.4.3     Any Referral Fees paid are non-refundable.


6.10.4.4     The annual Referral Fee covers 1 year from when the Supplier submits a Pending Listing for review and not when the Pending Listing is approved.


6.10.5           Sell Only Fee


6.10.5.1     If the Supplier chooses the Sell Only option when creating a listing, an annual Sell Only Fee per listing is chargeable.


6.10.5.2     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.     


6.10.5.3     Any Sell Only Fees paid are non-refundable.


6.10.5.4     The annual Sell Only Fee covers 1 year from when the Supplier submits the Pending Listing for review and not when the Pending Listing is approved.


6.11                Receiving payment for Sales (if applicable)


6.11.1           All payments from Customers for Purchased Products will be transferred to the Supplier’s Stripe account, minus the AGA Showroom Fee and Credit Card Fee.


6.11.2           The Supplier is responsible to have their Stripe account configured correctly including but not limited to, nominated bank account and company details.


6.11.3           Payment for any sales made through the AGA Showroom from a Customer will be transferred to the Supplier’s Stripe account on not less than 11 days from the date of the purchase. In some circumstances, the transfer to the Supplier’s Stripe account may take up to 90 days.


6.11.4           Stripe may hold payments for an additional period of time in accordance with Stripe’s procedures.


6.12                Disputes


6.12.1           The Supplier agrees to handle any disputes directly with the Customer and will not involve AGA whatsoever in any dispute. The dispute may involve, but is not limited to, the Customer not receiving any goods, services or benefits to which the Customer believes they are entitled, including warranties, refunds, discounts, property damage during delivery of products, damage during installation or servicing etc.


6.13                Warranty


6.13.1           The Supplier is solely liable and responsible for any warranty of the Purchased Product.


6.13.2           The Supplier must include accurate warranty details on an Active listing.


6.13.3           The Supplier is responsible for the warranty details on an Active Listing.


6.13.4           Any warranty of a Purchased Product must be processed solely between the Supplier and the Customer of the Purchased Product.


6.13.5           AGA has no authority and/or connection regarding the warranty of the Purchased Product and will not be involved in any warranty process of any Purchased Product. 


6.13.6           The Supplier will not hold AGA liable for any reason and will not ask AGA for any compensation as a result of the warranty process.


6.14                Returns and Refunds


6.14.1           The Supplier is solely liable and responsible for any returns and refunds of a Purchased Product.


6.14.2           The Supplier must include accurate return and refunds details on Active listings.


6.14.3           The Supplier is responsible for the return and refund details on an Active Listing.


6.14.4           Any returns and refunds of a Purchased Product must be conducted solely between the Supplier and the Customer of the Purchased Product.


6.14.5           AGA has no authority and/or connection with regards to the supply of the Purchased Product and will not be involved in any returns and refunds process of any Purchased Product. 


6.14.6           The Supplier will not hold AGA liable for any reason and will not ask AGA for any compensation as a result of the return and refund process.


 6.15                Messages


6.15.1           Respectful language must be used in any of the messages sent on the AGA Showroom


6.15.2           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, suspended and/or removed, the Supplier must honour any sales or commitments made through the AGA Showroom.


7.4                    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 AGA Showroom Fee is a percentage amount charged of the total cost of a Purchased Product to the Supplier, and does not include delivery fees.


8.2                    The listing Referral Fee is a set fee charged to the Supplier per Active Listing per year.


8.3                    The listing Sell Only fee is a set fee charged to the Supplier per Active Listing per year.


8.4                    The Gas Fitter Registration Fee is a set fee charged to the Gas Fitter per Gas Fitter Listing per year.

 

8.5                    Listing Enhancement Fees


8.5.1              The featured Listing Enhancement Fee is a set fee charged to the Supplier per year per Active Listing. 


8.5.2              The Number of Views Enhancement Fee is a set fee charged to the Supplier per Active Listing.


8.5.3              The HTML availability Enhancement Fee is a set fee charged to the Supplier per Active Listing.


8.5.4              The Interactive Map Enhancement Fee is a set fee charged to the Supplier per Active Listing.


8.6                    The Credit Card Fee is set by Stripe.


8.7                    The AGA Administration Fee is a set fee charged to the Customer per AGA Showroom transaction.


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