Terms and Conditions
Services – Membership
Membership runs from 01 January to 31 December inclusive (we reserve the right to charge pro-rata for memberships commencing during the year.
We reserve the right to reject an application for membership for any reason eg we may reject your application for known or suspect reasons that you are not qualified, or over qualified for the membership category that you are applying for, if in doubt please contact our office.
Products – Reference Material and Courses
We reserve the right to reject any order you place with us for any reason, eg we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via our website for private and domestic purposes.
We expressly prohibit purchases for resale and-or reselling any APAN product as part of any business (including any online business) unless prior agreement in writing has been received from APAN.
While we do our best, we cannot guarantee that the colours shown on the website are an exact replication of the colours of our products (variance may be due to the colour reproduction of your computer or mobile device).
We reserve the right to change / amend the information on this website without notice.
All trademarks appearing on this website are the property of their respective owners. The use of any of APAN trademarks is strictly prohibited unless APAN provide prior written consent.
The inclusion of any hyperlinks to third party websites does not imply APAN’s endorsement or approval of such third parties, their websites or their businesses or other activities.
Unless otherwise indicated, copyright in the information on this website is owned by APAN. This website or any portion of this website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this website on your Internet browser, or specifically authorized by law or in writing by APAN.
This contract is governed by the laws of Australia and such other laws which are applicable in the country where the consumer is resident.
Buyer: A natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement
Order: An order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more products.
Product: An APAN product or Service that the Seller offers for sale on the Website.
Purchase Price: The price indicated on the Website for a Product, including any GST, unless otherwise stated.
Agreement: The Order, which the Seller has accepted as such.
1 – APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions that have been made available online by the Seller on www.apanetwork.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
2 – CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
- The Buyer has followed and completed the following steps:
- Step 1: The Buyer has entered their postal and if different the delivery address
- Step 2: The Buyer has checked their order
- Step 3: The Buyer has selected the payment method desired and made full payment of the order
- The Order has been placed
- The Buyer will receive a confirmation of the Order, placed via the Website (in an electronic manner)
If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation by email, as soon as possible after the Order has been placed.
2.2 The Seller will be entitled to reject the Order by the Buyer in the following cases including
- If the total value of the Order is above the amount described in the payment section of the FAQ
- If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case
- If the Buyer’s payment is not received within the agreed term
- If the Buyer has already failed to comply with their payment obligations towards the Seller in the past
- If the Buyer in the past has failed to accept and/or collect Orders that they placed with the Seller
- If there is an obvious mistake or clerical error eg in the prices indicated on the website
- Membership – if the Buyer is purchasing a membership category that the Buyer is not qualified or over qualified for
The Seller will notify the Buyer as quickly as possible if an Order is not accepted
2.3 The Seller will keep the Agreement on file and retain it for a certain term (a minimum of five years). If the Buyer has their own account they will be able to consult the Agreement by logging into that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller on email@example.com available by clicking on the About us button on the Website.
3 – DELIVERY METHOD AND DELIVERY DATES (where applicable)
3.1 Shipment will be made using Australia Post, unless separately agreed with between the Buyer and the Seller
3.2 After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within thirty (30) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase and unless the parties have agreed on a longer delivery period
3.3 The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller
3.4 The Buyer will receive notice within fourteen (14) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
3.5 The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered
4 – PRICE AND PAYMENT
4.1 The prices indicated on the Website are in Australian Dollars, are inclusive of any GST and are exclusive of shipping costs. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
4.2 The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement
4.3 Payment may be made using the methods indicated on the Website
4.4 The Buyer is obligated to notify the Seller immediately regarding errors in the payment details that the Buyer has provided to the Seller
4.5 In the event that the Buyer exceeds the term of the payment they will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date
5 – RIGHT OF RETURN
5.1 The Buyer will be entitled to return the Product that has been delivered, free of charge, within a term of 14 days after the Product has been received, without stating their reasons for doing so, in the manner indicated by the Seller, provided that the Product has not been used or opened, is undamaged and (insofar as possible) is in the original and undamaged packaging. The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product they will have to place a new order on the Website.
5.2 In the case referred to in the preceding subsection, the Seller will refund the Purchase Price as quickly as possible, but in any event within 14 days after APAN received the returned product. If not all the Products that form part of the Agreement returned, the Seller will be entitled to deduct the original shipping costs from Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.
6 – FORCE MAJEURE
6.1 The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligation, and that cannot be attributed to the Seller because they cannot be blamed of the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engages by the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.
6.2 If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.
7 – COMPLAINTS
7.1 The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found on the Contact Us page of the Website.
7.2 The buyer will be obliged to inspect the Product when it has been delivered and the notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
7.3 The Seller will respond to any complaints that it receives within a term on 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a long term to be processed, stating the term within which the Buyer can expect to receive an answer.
7.4 The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc of Products cannot be avoided or are difficult to avoid and do not constitute a well-founded reason to submit a complaint. Such complaints and complaints regarding the removal of certain Products from the Website are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such deviations or the removal of such Products from the Website.
7.5 The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
8 – INTELLECTUAL PROPERTY RIGHTS
8.1 Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller. The Buyer acknowledges the Seller’s [proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
9 – RETENTION OF TITLE
9.1 The Seller will retain the title on respect of any and all goods to be delivered until the following obligations towards the Seller have been complied with in full:
- The performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and
- Claims on the ground of the Buyer’s breach in respect of his/her compliance with this agreement.
10 – GUARANTEE AND LIABILITY
10.1 The Seller is required by law to provide a Product that meets the contract with the Buyer.
10.2 The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.
10.3 The Seller refers to the disclaimer with regard to its liability in respect of the Website and the use of the Website.
11 – APPLICABLE LAW
11.1 The Law of the country of your residence applies to the agreement
12 – INVALID PROVISIONS
12.1 In the event that any provision contained in the General Terms and Conditions is invalid:
- The remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and
- The invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible
13 – AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
13.1 The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website.
Which payment methods are available?
You have the choice of using Mastercard, Visacard or Debitcard, unfortunately we do not accept AMEX.
Will I receive an invoice for my order?
Yes, you will receive confirmation of your order by email. The invoice will be included with the items we send you.
How does paying with a credit card /debit card work?
You will be asked to enter your credit/debit card number, name, expiry date, CVC. The amount will be debited from your credit/debit card supplier instantly. Payments to APAN are processed by an external certified company, guaranteeing your privacy.
Do you hold my credit/debit card details on file for future purchases?
No for your security we do not hold this information
Cancellation of Membership
Membership must go the full agreed term and can only be discontinued after the term expires.
CONFERENCE DELEGATES – 30 days prior to the event
EXHIBITION – 60 days prior to the event.
DELIVERY / SHIPPING
We ship with Australia Post satchels (parcel post) shipping options confirmed on checkout.
What is the delivery time?
The delivery is 30 working days. Please be aware that dispatch may take longer during peak periods.
Where can I change my details?
You can change your personal details in your APAN account, after login go to ‘My Account’ to change your personal information.
How can I contact your Customers Services Department?
You can contact our Customer Services Department by email at firstname.lastname@example.org