Website Terms & Conditions
To view membership terms & conditions click here.
Welcome to the ADIA website. When you access and use our website or purchase products from our website you agree to be bound by, and comply with, these terms and conditions and any changes that we may make to them from time-to-time (Website Terms). The Website Terms include our Privacy Policy. These Website Terms form an agreement between you and the Australian Drilling Industry Association Limited (ABN 24 002 772 929) (ADIA). Please review them carefully to ensure you understand and agree with them. If you do not agree, please cease using our website.
1. Information provided on our website
1.1 Except as provided by law, our website is provided “as is” and without any warranty or condition, express or implied. The information and content provided on our website are of a general nature. While we take all reasonable steps to ensure the accuracy and completeness of the information and content on our website, to the maximum extent permitted by law (including, without limitation, the Australian Consumer Law (ACL)) we make no warranties or representations about our website and its content including (without limitation) warranties or representations that the website or its content will be complete, accurate or up to date.
1.2 We may alter, suspend or discontinue our website or any content on our website at any time and without notice to you. We do not warrant and do not represent that our website and the content on our website are secure, free from viruses or other defects, or that access will be uninterrupted or error-free. We provide access to our website and its content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and its content.
1.3 To the maximum extent permitted by law (including, without limitation, the ACL) in no event will ADIA, our officers, directors, employees or agents be responsible or liable for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.
2. Your use of our website
2.1 You must only use our website in accordance with these Website Terms. You must not use our website for any illegal, prohibited or inappropriate purpose or attempt to do anything that interferes with or disrupts our website. For example, and without limitation, you must not:
i) defame, abuse, intimidate, harass, threaten or offends us, our employees, officers, agents or other individuals and users of the website;
ii) breach any laws or regulations or infringe anyone’s intellectual property rights or privacy rights;
iii) upload harmful files that may cause damage to our property or the property of others; or
iv) hack, spam, disable, corrupt or otherwise affect the functionality or performance of the website or its content.
2.2. Without notice to you, and at our sole discretion, we may immediately remove any information or content that you post on our website which we believe breaches these Website Terms, or for any other reason.
2.3. Where you have chosen a username and password to access certain parts of the ADIA website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
2.4. We will manage your personal information in accordance with our privacy policy.
2.5. Unfortunately, the transmission of information via the internet is not completely secure and, although we will take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information via the Website; any transmission is therefore at your own risk.
3. Third party websites
3.1. We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only. We are not responsible for the content of third party websites and make no representations about the accuracy of third party sites.
4. Intellectual Property
4.1. All content made available on our website and all rights, title and interest in such content, including the ADIA brand, our graphics, text, video and the overall look and feel of our website (our content), is owned by or licensed to us and is subject to copyright or other intellectual property rights. Subject to these Website Terms, we grant you a limited, non-exclusive, revocable and non-transferable license to view, download and print our content via the website.
4.2. You may only use, access and print our content from our website for non-commercial or personal use provided you keep intact all copyright and proprietary notices. You are otherwise prohibited from any other use, copying or reproduction of our website and our content. Except as expressly stated above, you are not granted any right, title or interest to our website or our content.
5. Terms of Sale
5.1. These Terms of Sale apply to the ordering, purchase, fulfilment and delivery of products and training (Products) from our website and form part of the Website Terms. These Terms of Sale constitute a legally binding contract between you and ADIA. By placing an order with us, you agree to be bound by these Terms of Sale.
Orders
5.2. All orders placed by you are an offer to purchase the Products for the price plus any delivery charge as shown at the time of submission of your order. All orders are subject to availability and acceptance by ADIA. Each order that you place will, if accepted by us, be a separate and binding agreement between you and ADIA with respect to the supply of the relevant Products, in accordance with these Terms of Sale.
5.3. ADIA may accept or reject your order for any reason in its absolute discretion. If your order is rejected and you have paid for the order, you will receive a refund of any money paid to us in respect of the rejected order.
5.4. You agree that any Products purchased by you are for personal use only and, subject to our written agreement, are not for resale or commercial use.
Price
5.5. The Products are charged at the price published at the time you submit your order. ADIA reserves the right to change the price of Products at any time without notice to you.
5.6. All prices listed on the site are in Australian Dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
5.7. If, for any reason, incorrect pricing is displayed on the website, ADIA reserves the right to amend such pricing errors and may exercise its right to cancel an order at any point prior to delivery.
5.8. In addition to the price for the Products, you will also need to pay the delivery charge listed (if any). Any delivery charge will appear in your shopping cart. If you live in a remote area or overseas where we incur additional delivery charges, we reserve the right to charge you an additional delivery charge which may not be displayed in your shopping cart at the time of placing your order. If additional delivery charges are required, we will contact you before accepting your order and provide you with a quote for these additional delivery charges. You may choose to accept these additional delivery charges or ask us to cancel your order, in which case we will provide you with a full refund of any money paid to us for your order.
Payment
5.9. Payment in full for all Products is required at the time of placing an order with us.
5.10. By submitting an order, you represent and warrant to us that you are authorised to use the method of payment you provide to us. You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. ADIA is under no obligation to ship any Products ordered until payment in full for those Products has been received.
Availability of Products
5.11. ADIA does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product.
Cancellations and order amendments
5.12. Once placed, orders are unable to be cancelled or amended without ADIA’s consent. If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being dispatched, you may contact ADIA to request the amendment or cancellation and we will do our best to accommodate your request.
Delivery
5.13. Risk and title in the Products pass to you on the date and time the Products are delivered to the address provided by you in your order and paid for in full.
5.14. We do not guarantee the dispatch or delivery of Products within the timeframes provided. Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered.
5.15. On delivery you may be required to sign a proof of delivery document. If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered.
5.16. If the Products cannot be delivered due to an error or fault on your part (such as an incorrect delivery address provided by you or an inability to unload the Products in a suitable or safe location) and re-delivery of the Products is required, you will be responsible for covering the costs of any re-delivery.
Express warranties
5.17. Some of our Products come with express manufacturer warranties provided by the manufacturer of the Products. These warranties are not provided by ADIA and ADIA will not be liable for any claims made under these express manufacturer warranties.
5.18. ADIA will assist customers who wish to make a warranty claim with the manufacturer of any Products. Customers who would like our assistance in making a warranty claim can contact us directly at info@adia.com.au or on 08 6305 0466.
Consumer guarantees
5.19. You have consumer guarantees that cannot be limited by us and our change of mind policy and any express manufacturer warranty does not affect your rights under the ACL. If your Product is not of acceptable quality, does not match its description or is not fit for purpose, you may be eligible for a refund, exchange or repair and in some cases compensation for loss or damage.
5.20. If you have purchased a Product with a major fault, you have the right to ask for a replacement or refund. If you have purchased a Product with a minor fault, we can choose to give you a free repair (if practical) instead of a replacement or refund.
5.21. Products returned under consumer guarantees can be returned within a reasonable timeframe subject to also providing us with proof of your purchase. When returning or exchanging a faulty, damaged or incorrectly described Products, ADIA may arrange return postage on your behalf or refund reasonable postage costs upon presentation of a postage receipt, subject to our confirmation that the Product is faulty, damaged or incorrectly described. If, upon inspection, the Product is found not be faulty, damaged or incorrectly described we may require you to pay for the cost of the return postage.
5.22. To arrange a return for a faulty, damaged or incorrectly described Product please contact us directly at info@adia.com.au or on 08 6305 0466.
Liability for sale and purchase of Products
5.23. To the maximum extent permitted by law (including, without limitation, the ACL) and except as otherwise provided for in these Terms of Sale, in no event will ADIA, our officers, directors, employees or agents be liable to you, or any other person, for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your purchase, use or otherwise of the Products. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute.
5.24. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant Product, the cost of resupplying the Product or the cost of repairing the Product. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense. Our liability to you for any loss, damage, costs or expense of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss, damage, costs or expense.
6. Refund policy
Membership fees
6.1. All membership fees paid in advance are non-refundable. If monthly scheduled payments are being billed, cancellation will take effect from the next calendar month following our receipt of your cancellation notice. Digital products
6.2. No refunds will be given for digital purchases. You should ensure you have the technical capacity and software requirements prior to purchase. Event cancellations
6.3. Cancellations for event registrations must be received in writing. If you cancel registration to attend an event:
i) With more than 60 days’ notice, you will be entitled to a 100% refund.
ii) With more than 30 days’ notice, you will be entitled to a 50% refund.
iii) With less than 30 days’ notice, you will not be entitled to a refund.
Training cancellations
6.4. Cancellations made for training less than 5 days before the start date of the course will not be refunded, credited. However, a substitute person may attend.
6.5. ADIA reserves the right to cancel training courses due to lack of registrations. In the event of a cancellation made by ADIA, you will be entitled to a full refund.
6.6. All cancellation requests must be received in writing.
6.7. Once an online training course has commenced, you will not be entitled to a refund.
Refunds
6.8. If we are obliged to refund your payment pursuant to these Terms of Sale, we will aim to process the refund within 7 business days. The time it takes for you to actually receive the refund will depend on your financial institution.
7. Governing law
7.1. Your use of our website, purchase of Products and these Website Terms are governed by the laws of the State of Western Australia and you submit to the non-exclusive jurisdiction of the Courts in the State of Western Australia.
8. Updates to these Website Terms
8.1. These Website Terms are effective from [insert] 2020. We reserve the right to update these Website Terms at any time without notice. You should ensure you are aware of our current Website Terms by checking our website regularly.
ADIA Membership Terms and Conditions
Your membership of ADIA is subject to your ongoing compliance with ADIA’s membership rules as set out in the ADIA Constitution. All members must familiarise themselves with ADIA’s Constitution, a copy which can be found here [insert link].
The following terms of membership represent an abridged version of the ADIA Constitution and do not limit the full provisions of the ADIA Constitution. Any inconsistency between these terms and the ADIA Constitution will, to the extent of the inconsistency, be resolved in favour of the ADIA Constitution. Unless otherwise indicated, capitalised terms used below have the meaning given to them in the ADIA Constitution
These Membership Terms and Conditions form an agreement between you and the Australian Drilling Industry Association Limited (ABN 24 002 772 929) (ADIA or sometimes referred to as the Association). Please review them carefully to ensure you understand and agree with them. A failure to comply with our Membership Terms and Conditions can result in your expulsion as a member of ADIA.
1. ADIA Constitution
1.1. Members are bound by the ADIA Constitution and are bound to abide by its rules and Objectives.
2. Objectives of ADIA
2.1. The Association is a not-for-profit company limited by guarantee. ADIA’s mission is to support members and represent the Drilling Industry and to:
2.1.1. provide industry activities, networking and services;
2.1.2. facilitate training and education;
2.1.3. advocate, campaign and promote on behalf of members;
2.1.4. foster industry standards; and
2.1.5. govern and manage well.
3. Admission to Membership
3.1. Subject to clause 10 of the Constitution, an individual or body corporate is entitled to become a Member if that individual or body corporate:
3.1.1. completes and submits an application form;
3.1.2. agrees to assume the liability to pay the Member’s Guarantee amount;
3.1.3. agrees to abide by all rules of the ADIA Constitution;
3.1.4. pays the Annual Membership Fee; and
3.1.5. has their name entered into the Register.
4. Application for Membership
4.1. An individual or body corporate engaged in the Drilling Industry wishing to become an Active Member or an Associate Member must submit to the CEO or a nominee of the CEO an application for Membership in the form prescribed by the Board. The form can also be completed online here.
4.2. Application forms must be accompanied by the Annual Membership Fee and any other fee as determined by the Board.
5. Fees and Subscriptions
5.1. There is an Annual Membership Fee payable by each Member to ADIA.
5.2. The Annual Membership Fee and any other fees payable by each Member (Subscription) is determined by the Board annually and Members will be notified in writing.
5.3. Subscription fees are due in full on joining ADIA. New memberships will be pro-rated to the next financial year.
5.4. Subscription fees are payable at the start of each new financial year and are payable within thirty (30) days of the date of invoice.
5.5. Failure to pay Subscription will result in membership becoming non-financial. Membership benefits will be restricted for all non-financial members.
5.6. Any Member whose Subscription remains unpaid after two (2) months will be considered unfinancial and removed from the Register until the invoice is paid in full.
5.7. Memberships that have lapsed more than ninety (90) days will be cancelled. A non-member will cease to have rights and must not claim to be a member of ADIA.
6. Member Conduct
6.1. Each Member must:
6.1.1. abide by the rules and Objectives (set out in clause 5 of the Constitution) of ADIA;
6.1.2. act in the best interests of ADIA (and the Drilling Industry);
6.1.3. support, promote and further the Objectives; and
6.1.4. conduct themselves in a safe, professional and ethical manner.
6.2. Further, each Member must not engage in any conduct described in the ADIA Constitution as being Unconscionable Conduct. For example, a Member must not:
6.2.1. persistently or willfully act in a manner prejudicial to the interests of the Association;
6.2.2. contravene the Constitution;
6.2.3. contravene any other membership terms to which you are bound;
6.2.4. use any false, misleading, revoked or cancelled license, permit, certificate, diploma, membership, degree or testimonial document or description in relation to themselves in the Drilling Industry; or
6.2.5. engage in any other improper or unethical conduct.
6.3. The Board may, subject to your rights under the ADIA Constitution, resolve by a seventy-five percent (75%) majority to expel any Member or to suspend any Member from the Membership of ADIA if the Member engages in conduct of the kind referred to above in clauses 6.1 and 6.2.