Terms & Conditions

Welcome to the website of the Chamber of Commerce and Industry of Western Australia Limited (ABN 96 929 977 985 ARBN 099 891 611) (“we”, “us” or “CCIWA”).

CCIWA has two wholly-owned subsidiaries, Apprenticeships Australia Pty Ltd and Business Law WA Pty Ltd. A reference to CCIWA in this policy includes both subsidiaries.

This website is located on the web via the domain https://climateprod.wpengine.com and includes all of the files located in that domain (“this site”).

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and CCIWA and govern your use of this site. These Website Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy, which is incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to CCIWA that you are over the age of 18 years. Should CCIWA suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Security

CCIWA will actively take steps to protect the information you provide to us via this site. However, CCIWA cannot guarantee that the information you transmit over the site or via the internet generally will be secure. There are risks in using the site notwithstanding our efforts to secure and encrypt information you send us. Therefore, you accept that any information you provide us is at your own risk.

CCIWA recommends that you maintain up-to-date anti-virus, anti-malware and anti-spyware software on your computer or device.

Restrictions on use

Violations of these Website Terms of Use

Without limiting any other remedies available to CCIWA at law or in equity, CCIWA reserves the right to, without notice:

  • remove or block access to any information and/or materials (in whole or in part) that CCIWA, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless CCIWA and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site; or
  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Dealings with third parties

Content supplied by third parties

This site may include an online portal that allows third parties to advertise products and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

  • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
  • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
  • any loss or damage that results from any dealings that you may have with such third parties.

Third-party products, services and websites

We do not recommend or endorse any third party products or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third-party websites, websites framed within this site or third-party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that CCIWA does not:

  • check the truth or currency of any of the material or information that third parties provide or make available through this site;
  • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
  • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
  • endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by CCIWA to you or otherwise become known to you through this site.

Role of CCIWA

The relevant supplier, and not CCIWA, is:

  • the supplier of the products and/or services that you offer to purchase; and
  • solely responsible for supplying you with those products and/or services and for those products/services themselves.

We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the products and/or services that you offer to purchase through this site, or that those products/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any products or services supplied, offered or recommended by or on behalf of a supplier.

Supplier’s terms and conditions

Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the products and/or services that are the subject of that order. CCIWA is not a party to that contract. That contract will be subject to the relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this site.

Refunds from suppliers

As between you and CCIWA, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. CCIWA does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against CCIWA, in order to enforce your entitlement to that refund.

Disputes between users and suppliers

You are solely responsible for your interactions with suppliers listed on this site and CCIWA is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.

If you believe that any supplier from which you have purchased any products or services through this site has failed to provide those products or services to you, or that those products or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. CCIWA will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.

Intellectual property

Copyright

This site is our copyright property. All rights are reserved.
In these Website Terms of Use, the term “Proprietary Content” means:

  • this site;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by CCIWA in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of CCIWA or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish, reverse engineer or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of CCIWA or other copyright owners (as applicable). No part of this site may be reproduced on any other internet site.

You may access and display these pages on a computer or a monitor and download and print out content from this site only for your own personal and non-commercial use.

Intellectual property rights in certain material included on this site purchased through this site, or processes used in, constructing or accessing this website, may be the property of third parties. If you seek to reproduce or otherwise use any such material or process in any manner, which would involve the exercise of the rights of the intellectual property owner, it is your responsibility to obtain authorisation for that reproduction or other use from the relevant third party or parties.

You may not remove, alter or modify any copyright, trademark or other proprietary notices that appear in conjunction with any text or graphics with this site.

Trademarks

CCIWA’s logo is a trademark of CCIWA. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of CCIWA. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of CCIWA.

User Content

In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. CCIWA reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

  • represent and warranty to CCIWA that your sharing of that User Content does not infringe any copyright, any person’s intellectual property rights or other legal right of any other person; and
  • grant to CCIWA a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at CCIWA’s absolute discretion.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCIWA AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, CCIWA and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee (whether express or implied, statutory or otherwise) as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this site will meet your requirements or expectations;
  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
  • the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, CCIWA and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, CCIWA and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition, representation or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at CCIWA’s sole discretion):

  • in the case of products, to any of the following:
      • the replacement of the products or the supply of equivalent products; or
      • the payment of the cost of replacing the products or of acquiring equivalent products; and
  • in the case of services:
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release CCIWA and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. CCIWA may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, CCIWA excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of CCIWA, and CCIWA shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
  • these Website Terms of Use may not be construed adversely against CCIWA solely because CCIWA prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

CCIWA may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these.

Website Terms of Use

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without CCIWA’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

CCIWA may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by CCIWA to act with respect to a breach by you or others does not waive CCIWA’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

CCIWA reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with CCIWA.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of Western Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and the courts of appeal from them.