Terms and Conditions

  • The Association’s Website provides you with the ability to: Register & manage your membership easily and lets you sign in and update your profiles, register for events, courses & choose your communication preference to receive the Association’s newsletter and updates. The Association use Glueup (a cloud-based membership management CRM platform) to manage membership and offer the Association membership Services.  In case of any update that can occur automatically from time to time on the Website, you are required to confirm these updates to pursue your subscription and use the Website. In this condition, your only responsibility is to accept all the terms.

  • These terms and conditions govern your use of the Australian Passivhaus Association (“the Association”) website (the "Website"). By using the Website, you agree to be bound by these Terms.  Make sure you have read and understood this Agreement carefully before visiting, registering, or using any services offered by the Association. By purchasing a product, service, membership, using our member portal, button or by downloading, installing, or copying you agree to abide by the terms and conditions contained herein; if you do not agree to all terms set forth in this Agreement, you must click “Decline” and do not use or access the Website and must not use any of our services. 

    The Association may amend these Terms at any time at the Association’s sole discretion by posting new Terms on this Website. The new Terms will, from the date of posting, apply to your use of and access to the Website through your acceptance of them by subsequent or continued use of the Website. 

    It is your duty to assess whether your use of the Website is legal, and you must abide by all applicable laws while doing so. You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. 

  • 1. Agreement to Terms

    By applying for or renewing membership with the Australian Passivhaus Association (APA), the member agrees to be legally bound by this Membership Agreement, the APA Constitution, Code of Conduct, privacy policies, and any governing policies adopted by the Association from time to time. The Association reserves the right to amend these terms with reasonable notice.

    2. Membership Status & Term

    • Membership is granted at the discretion of APA following application approval.
    • Membership is valid for 12 months unless otherwise specified.
    • Renewal is subject to payment of membership fees and continued compliance with APA governance requirements.
    • APA may refuse, suspend, or terminate membership at its discretion where reasonable grounds exist.

    3. Membership Fees

    • Membership fees are payable in advance and are non-refundable.
    • Failure to pay fees may result in suspension or termination of membership rights and access to services.

    4. Member Information, Media Consent & Promotional Rights

    By joining APA, members provide explicit consent for APA to collect, store, and use information provided during registration, including:
    • Photographs, graphics, and visual materials
    • Business information and professional credentials
    • Project information, publications, and service descriptions

    Members grant APA a perpetual, non-exclusive, royalty-free licence to use this material for:
    • Member directories
    • Marketing, promotional, and educational materials
    • Social media, digital communications, and website content
    • Conference, event, and industry promotion
    • Media and industry publications

    Members may withdraw promotional consent by submitting a written request to:
    admin@passivhausassociation.au

    Withdrawal of consent does not affect prior use of materials already published.

    5. Member Conduct & Professional Obligations

    Members agree to maintain professional and ethical conduct when engaging with APA platforms, events, and members.

    Members must not:
    • Publish defamatory, misleading, or false statements
    • Engage in harassment, discrimination, or offensive conduct
    • Post gossip, personal attacks, or content that may damage individuals, organisations, or APA’s reputation
    • Misrepresent APA affiliations or certifications. Breaches may result in disciplinary action including suspension or termination of membership.

    6. Intellectual Property

    • All APA intellectual property, including training materials, publications, research, certification content, and branding, remains the property of APA.
    • Members must not reproduce, distribute, sell, or modify APA materials without written permission.

    7. Privacy & Data Protection

    • APA collects and stores member data in accordance with Australian Privacy Principles.
    • Member data will be used for legitimate organisational, communication, training, and event purposes only.
    • APA will not sell or disclose personal data to third parties without consent, except where required by law.

    8. Member Rights & Benefits

    Membership may provide access to:
    • Events, conferences, and training programs
    • Industry resources and research
    • Networking and professional development opportunities
    • Membership communications

    Benefits may vary by membership category and are not guaranteed.

    9. Termination & Suspension of Membership

    APA reserves the right to suspend or terminate membership without refund where:
    • Membership fees remain unpaid
    • Conduct breaches governance or ethical standards
    • Behaviour is deemed harmful to APA, its members, or stakeholders
    • Legal or regulatory risks arise

    Procedural fairness will be applied where practicable.

    10. Liability Limitation

    To the maximum extent permitted by law:
    • APA is not responsible for professional decisions made by members
    • APA is not liable for third-party services or representations
    • Members participate in events and activities at their own risk

    11. Dispute Resolution

    Members agree to first attempt resolution through internal APA dispute processes before pursuing external legal action.

    11.1 Purpose

    The Australian Passivhaus Association (APA) and its members agree to resolve disputes in a fair, timely, and constructive manner, wherever possible without the need for legal proceedings.

    11.2 Internal Resolution Process

    Step 1 – Notification

    • The member must first submit a written notice of the dispute to APA via email:
      admin@passivhausassociation.au

    • The notice should include:

      • Details of the dispute

      • Relevant dates and circumstances

      • The outcome being sought

    Step 2 – Acknowledgement and Review

    • APA will acknowledge receipt of the dispute within a reasonable timeframe (generally 5–10 business days).

    • APA will review the matter and may arrange further discussion via meeting, phone, or written correspondence.

    Step 3 – Good Faith Resolution

    • Both parties agree to make reasonable efforts to resolve the dispute through good faith discussion, negotiation, or internal review.

    11.3 Mediation (If Internal Resolution Is Unsuccessful)

    • If the dispute cannot be resolved internally, the parties agree to participate in mediation before commencing legal proceedings.

    • Mediation will be conducted by an independent mediator agreed upon by both parties.

    • Costs of mediation will be shared equally unless otherwise agreed in writing.

    11.4 External Legal Action

    • If the dispute cannot be resolved through internal processes or mediation, either party may pursue legal remedies in accordance with Australian law.

    • Any legal proceedings should be commenced in the relevant jurisdiction within Australia.

    11.5 Continued Obligations

    • Members must continue to comply with their membership obligations while a dispute is being resolved unless otherwise agreed in writing.

    12. Governance & Enforcement

    APA may take disciplinary or legal action where necessary to protect:
    • The integrity of the Association
    • Member safety and reputation
    • Intellectual property and branding

    13. Agreement Acceptance

    By submitting a membership application or renewal, members acknowledge that they have read, understood, and agree to be bound by this Membership Agreement.

  • These terms and conditions govern your use of this Website when you are paying your membership fees, purchasing or acquiring any services from, buying event tickets from, or making any other payment to the Association (these Terms). These Terms should be read together with the Association’s privacy policy (the Privacy Policy).

    Refunds are not available for change of mind for any payments made to the Association, including but not limited to membership fees, event tickets, and any other products or services offered.

    You agree to pay the amount charged to you according to the membership plan or service you purchase. We charge you through a payment associated with your membership account using third-party payment processors (Stripe). All currency references on the Website are to Australian Dollars (AUD). Prices shown in the Member Portal are exclusive of GST; 10% GST will be added to the base price for all paid services APA offers through the Member Portal.

    Please note: Membership fees and event tickets are non-refundable and non-transferable to individuals or organizations. Please assess your own situation prior to signing up for APA membership or purchasing event tickets. APA membership fees are subject to annual increases as determined by the Association.

  • You can opt-in to have your membership automatically renew each year. You will pay the annual fee in full. Automatic renewal payments can be made either by credit/debit card or direct debit from a nominated bank account. Members can update or change these payment arrangements or payment details at any time by logging into the Member Portal at www.memberspassivhausassociation.au/Login 

    You are responsible to ensure that your account and payment details (including direct debit or credit card details) are current and to update your card details every time a card expires, is cancelled or you are issued with a replacement card.  Payment failures, including due to incorrect or out-of-date payment details, will result in the immediate withdrawal of services and deactivation of the membership until the applicable payment is processed successfully. If you cancel or let your membership lapse at any time in the twelve months and then re-join in the same calendar year, you will be charged the full annual fee. 

    Please Note: APA membership fees will be subject to annual increases, as determined by the association. Please refer to your renewal invoice or the APA website if you are unsure about your annual membership fees.

  • When using our member directory, please verify the credentials of builders, designers, or certified professionals. We collect voluntary information, but the Australian Passivhaus Association (APA) is not responsible for any inaccuracies. APA will not be liable for any financial or reputational loss incurred due to reliance on information in the member directory. Users are encouraged to independently verify credentials before engaging with listed professionals. To check certification details of Professional, click here: https://cms.passivehouse.com/en/training/find-professional/

  • You may request a change to your event registrations and other Association’s services. The Association may at its discretion accept or decline such a request or may offer another option. All requests to change or exchange event registrations, tickets, or other products must be sent to the Association by email at admin@passivhausassociation.au

    If your request for cancellation or a refund is accepted by the Association, you agree to pay the Association the applicable administration fee and the applicable GST. For more details, refer to the section below: 

    The Association will not agree to a refund if the request is received less than 14 days before the event starts unless otherwise stated below. The Association will not agree to a refund on a ticket or registration to an event because you have changed your mind. 

    The Association reserves the right to alter event arrangements or cancel any event, even with limited notice to attendees, for circumstances beyond our reasonable control. This will include events that cannot safely or responsibly be held due to unforeseen circumstances i.e Covid -19 and government restrictions on public gatherings. 

    If the Association cancels an event entirely, the Association’s maximum liability is limited to a full refund of your event ticket or registration fee.  

    If the Association cancels and reschedules an event, your ticket or registration will be transferred to the next available and equivalent event. Your ticket or registration will not be eligible for a refund.

    Sponsorships, exhibitions, and trade show fees are non-refundable under any circumstances, including cancellation, non-attendance, or change of plans.

    The Association accepts no liability for any other additional costs you incur in connection with a cancelled or rescheduled event. 

    If you are unable to attend an event, you are welcome to contact us and request a substitute person to attend in your place. You will need to provide the substitute attendee’s details at the time of the request. 

    Start and end times for all events are provided as a general guide. Some events may finish earlier or later than the published times. 

  • Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. The Website owns and protects all information, photos, text, data compilations, software, copyright, and other content supplied. 

  • In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. 

    Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of amounting to a criminal offence or give rise to a civil liability, or otherwise be contrary to the law of any country or territory where it is or may be published or received. 

    Code of conduct  

    By joining our discussion board, groups and social media page and using the Website, you agree that you have read and will follow these rules and guidelines. (Our discussion board, groups are intended for members only, specifically for industry professionals. ) You also agree to keep discussions and shared files and content to the type that is best suited to the medium when you post comments, images, and other content. 

    In our commitment to uphold the integrity and value of Australian Passivhaus Association's materials, we kindly remind all members to exercise the utmost discretion and respect when handling our proprietary documents and intellectual property (IP). It is imperative that any documents designated exclusively for members not be shared or distributed to the public without prior written approval from the Association. Failure to adhere to these guidelines may result in serious consequences. Members found to be in violation of the Australian Passivhaus Association's IP policies will receive a formal warning as a first step. Persistent violations may ultimately lead to the termination of their membership privileges.

    The Association reserve the right to moderate all content on social media account, discussion group and profile we manage. We may delete any content that infringes the intellectual property, or other rights, of other people or organisations. Do not post any content that may: 

    • Be illegal, defamatory, or infringe on any rights of third parties. 

    • Be anti-competitive. 

    • Contain hate speech, discrimination, or offensive language. 

    • Do not include spam, scams, or content that contains false, misleading, or unverified information or rumors.

    • Promote or glorify violence. 

    • Post gossip, personal attacks, or content that may damage individuals, organisations, or APA’s reputation

    • Misrepresent APA affiliations or certifications.

    • Do not post any promotional content related to products, educational courses, or events without obtaining formal written approval from the APA team.

    • Violate any terms of service or community guidelines of the forum or platform on which it is posted.

    Important Reminder: Owners and clients should not post inquiries on the members' forum or our social media pages. Please direct all questions to the relevant members directly. To find members in your state, please use our "Find a Member" membership directory

  • You agree to indemnify us, and our directors, officers, employees, and agents, from and against any claims, actions or suits or proceedings, as well as any losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Website, your user content or your breach of these terms and conditions. 

     

  • Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or we reasonably suspect that you have breached these terms and conditions in any way, we may: 

    Disable your user account on the Website. 

    Commence legal action against you, whether for breach of contract or otherwise; and/or take such other action as we reasonably deem appropriate. 

    We may revise these terms and conditions from time-to-time. If you have any concerns about material which appears on our website, please contact us at admin@passivhausassociation.au