• Terms of Use

    Welcome to the Master Builders Association of NSW website. By accessing or using this website, you agree to the Terms of Use of our website set out below. The Terms of Use include our Privacy Policy and any other terms or conditions on this website.

    The Master Builders Association of New South Wales Website (“Site”) is owned and operated by the Master Builders Association of New South Wales Pty Limited (ACN 074 397 532) (“MBA/NSW”). We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on the Site as they are changed. By continuing to use the Site you accept the Terms of Use as they apply from time to time. A copy of the MBA/NSW current Terms of Use is displayed on the Site at all times. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Site.

    Intellectual property and restrictions on use of Content on the Site
    All information, text, material, graphics, and software on the Site ("Content") are Copyright ©2007 MBA/NSW. The Content is protected by Australian and international copyright and trademark laws. Content on the Site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by MBA/NSW. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use. You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of MBA/NSW or an affiliate or which is prohibited by the Terms of Use.

    Communication Facilities
    The Site contains electronic discussion boards, chat rooms and other communication facilities which provide for feedback by users to MBA/NSW, real-time interaction between users (including individuals referred to as guests and members) and other electronic messaging and notice services ("Communication Facilities").

    It is a condition of your use of any Communication Facility and your access to the Site that you do not do any of the following:

    (a) restrict or inhibit any other user from using or enjoying any forum;

    (b) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

    (c) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

    (d) post or transmit any material of any kind which contains a virus or other harmful component;

    (e) post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;

    (f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or

    (g) download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

    MBA/NSW may from time to time monitor or review the contents of its Communication Facilities. While MBA/NSW reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in MBA/NSW sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, MBA/NSW has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is MBA/NSW responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or member whose statements on the Site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

    MBA/NSW reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

    User licence to MBA/NSW
    By placing any information or other material on the Site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to MBA/NSW a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

    1. use, copy, sub-licence, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

    2. sub-licence to any third parties the unrestricted right to exercise any of the foregoing rights granted.
    The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of MBA/NSW and any other party authorised by MBA/NSW all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of MBA/NSW, you will execute and deliver to MBA/NSW such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

    Links to third party websites and e-commerce offers
    The Site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of MBA/NSW and MBA/NSW is not responsible for the contents of any linked website or any hyperlink contained in a linked website. MBA/NSW provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by MBA/NSW or its affiliates. You link to any such website entirely at your own risk.

    The document prices listed in the Shopping cart are in $AUD ("Service") and are accurate at the time the MBA/NSW posts them. They are subject to change without notice by MBA/NSW. Your use of the Service is subject to the MBA/NSW Terms of Use.

    Disclaimer and limitation of liability
    The Trade Practices Act 1974 (s 68A) and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by MBA/NSW of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights"). MBA/NSW does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

    Except as provided for by the Non-excludable Rights:

    (a) all Content is provided "as is" and without warranties of any kind, either express or implied,

    (b) MBA/NSW and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,

    (c) MBA/NSW does not warrant that the functions contained in any Content or any Communications Facility or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,

    (d) MBA/NSW does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and

    (e) you (and not MBA/NSW) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

    Under no circumstances (including but not limited to any act or omission on the part of MBA/NSW) will MBA/NSW or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that MBA/NSW does not exert control over users of the Site (including individuals referred to on the Site as guests and members) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

    The Terms of Use are effective until terminated by MBA/NSW, and MBA/NSW may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licences granted by you and all MBA/NSW disclaimers and limitations of liability set out in the Terms of Use will survive.

    MBA/NSW relies on your continued observance of these Terms of Use. If MBA/NSW suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify MBA/NSW for those losses, damages and costs.

    The terms of this agreement apply to the full extent possible in relation to the supply by MBA/NSW of any content.

    This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

    All rights not expressly granted herein are reserved.

    For any further information about our Terms of Use, please contact the Privacy Officer at privacy@mbansw.asn.au or

    Privacy Officer
    Master Builders Association of New South Wales
    Private Bag 9

02 8586 3555

© Master Builder Association of NSW