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Privacy Statement and Terms and Conditions of Membership

Master Plumbers Association of South Australia Inc. (MPA) is covered by the Australian Privacy Principles (APPs), as set out in the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth). To comply with our obligations under the APPs we have a Privacy Policy, which sets out how privacy is managed in our organisation.

Privacy Policy

MPA, as the industry association representing plumbing contractors, manufacturers, merchants and apprentices in South Australia, takes its obligations under the Privacy Act seriously and has taken all reasonable steps in order to comply with the Act and protect the privacy and confidentiality of any information that we hold. This policy sets out how we do this.

Information collection and use

Personal information is collected for:

Primary Purposes:

  • Information exchange and the transaction of business between the member and the Association, including application for membership and other positions associated with the Association, elections, general administration and marketing purposes, statistical analysis and reports.
  • Statutory returns to the Australian Industrial Registry and like obligations.

Secondary Purposes:

  • Website listings of members contact information for contact by phone or mail only for commercial introductions
  • Direct mail by organisations that purchase the right to mail contact about trade matters through the association.

For the secondary purposes, the only information allowed for publication is the contact and specialty data. The specific information is:

  • Business name
  • Address
  • Phone/fax/email
  • Specialties as advised by the member
  • Area of operation

Confidentiality

The MPA Executive is very sensitive to the needs and desires of members. Its decisions in respect of the membership list such as its publication with of the magazine considers the best interests of the members by publicising membership as a point of difference from other contractors, and as the definitive list of professional businesses in this sector.

MPA will not collect personal information unless the information is necessary to enable us to undertake our activities. We will advise you when we are collecting personal information from you, for what purpose we are collecting it, and how we will use it

At the members' request, the information will be withdrawn from publication.

If a member would prefer not be included in such disclosures, we herewith confirm the opportunity to exercise this right, now or at any time in the future

If you wish to exercise this right, please contact the MPA.

Storage

We will take all reasonable steps to protect the security of the personal information that we hold. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.

Further Information

You can obtain information about your rights under the Privacy Act from the Privacy Commissioner on Hotline 1800 023 985 or if you have any inquiries about our privacy practices or wish to discuss how your personal information is managed please contact your State Chapter or the Membership Terms & Conditions.

MEMBERSHIP TERMS & CONDITIONS

The following terms and conditions govern MPA Membership and the benefits available thereunder (the "MPA Service").

ALL PERSONS SUBSCRIBING TO THE MPA SERVICE ARE URGED TO READ THE MEMBERSHIP TERMS & CONDITIONS CAREFULLY AND IF YOU HAVE ANY QUESTIONS TO CONTACT A MPA REPRESENTATIVE.

This membership terms & conditions (the "Membership Terms & Conditions," or "Agreement") is made between "MPA", and the person registering for membership or otherwise specified on the MPA membership card. ("you" or the "Member").

1.    Description of MPA Services. Each Member is entitled to receive discounts and other benefits on specified products and services offered by participating vendors ("Benefits").

a.    All Benefits, including, without limitation, a then current listing of participating vendors, are accessible online at www.MPAsa.com.au (the "Benefits Website"). To access Benefits or information related to Benefits or the MPA Service from the Benefits Website, a Member will be required to be a member in good standing and enter his or her MPA registered Login and password.

b.    Discounts and other Benefits available to Members are based upon negotiated group discounts from participating vendor's usual and customary fees, or on national or regional fees for such Product. A Member's actual savings and benefits will vary depending the specific benefit. Discounts and other Benefits available to Members may not be combined with discounts from any other discount program.

c.    All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and MPA makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.

d.    MPA has negotiated with the providers of Benefits in an attempt to acquire the best possible products, services and discounts for its members.

e.    The membership fees for the MPA Service is set out in the application form (subject to certain additional requirements as proscribed by MPA), which are non-refundable and payable for the Member's annual subscription to the MPA Service.

2.    Membership Term; Renewals. A Member shall be entitled to all of the Benefits available to Members of the MPA Service for the ensuing twelve-month period under the annual plan, commencing on the date of acceptance of the Member's application for enrolment for each twelve-month period thereafter (the "Membership Term"). MPA reserves the right, at its sole discretion, to change the terms and conditions of this Agreement at any time, with or without notice to any Member, or to cancel this Agreement or the MPA Service.

3.    Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. MPA will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided.
At your request, MPA agrees to provide you with a paper copy of any amendments to this Agreement but MPA reserves the right to charge a fee for such service. You may request paper copies of required notices by sending such request to the MPA.

4.    MPA Service Fee; Renewal Fees. The current MPA membership fee (the " Fee") will be automatically billed to Member's designated credit card account or other authorized billing source (e.g., debit card) on an annual recurring basis as authorised upon enrolment. Any Member who uses a debit card as the designated credit card account acknowledges that MPA will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Fee to a debit card provided by the Member. Unless a Member cancels membership in the MPA or alters their auto-renewal status pursuant to Section 5 of this Agreement prior to the end of Member’s then-current Membership Term, MPA will automatically renew membership at the end of such then-current Membership Term as authorised upon enrolment and bill the then-current renewal Fee to the designated billing source.

5.    Right to Cancel; Refund of MPA Service Fee. Members have the right to terminate this Agreement and membership in the MPA Service at any time. A Member may cancel this Agreement and membership in the MPA, or their auto-renewal by sending such request to the MPA in writing. If a Member cancels their membership before the end of a Membership Term for which Member has paid the Fee, the Member cannot receive a refund of such Fee nor any portion thereof. Members will remain liable for any other fees or charges to be paid pursuant to this Agreement or the MPA Service.

6.    Disclaimer of Liability. Vendors. MPA shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third-party sponsor, affiliate or vendor ("Vendor"). All Vendors are independent contractors and not employees, partners or joint venture partners with MPA. MPA shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not MPA. Although MPA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is cancelled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. Member understands and acknowledges that MPA cannot force vendors to provide any product, service or promotion and that Vendors are free to run their businesses as they see fit and begin/halt such efforts at their own discretion.

7.    MPA Member Representation and Obligations.

In return for the discounts and benefits available under the MPA Service, each Member acknowledges such Member's obligations to MPA as follows:

(a) you have read the "Membership Terms & Conditions" carefully, and understand the provisions of the MPA Service and the billing method for the payment of the annual Service Fee;

(b) You may cancel your membership in the MPA Service at any time prior to the conclusion of the then current Membership Term and will not be entitled to a refund of the pro rata unused portion of the Service Fee,

(c) the Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to cancel in accordance with this Agreement;

(d) the benefits of membership in the MPA Service are not assignable without the express written consent of MPA and you will use your membership only for personal, non commercial use or for the benefit of your immediate family. For purposes of this Agreement, "Immediate Family" shall be limited to the Member, and his or her spouse and children residing in the same house.

You agree not to share any proprietary information supplied you by the MPA including but not limited to coupon codes, discounts, incentives, and the like to any third-party, individual, entity or institution. A violation of this provision will result in your forfeiture of membership in the MPA Service, potential legal action from MPA and its Members and/or potential legal action from the Vendor; and

(e) MPA assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.

8.    Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Australia. Any dispute arising between you and MPA will be submitted to arbitration in the State of South Australia. Nothing herein stated shall deprive you of the benefits of the state's consumer protection laws.

9. Disclaimer of Warranties. MPA is not a merchant, manufacturer, or direct provider for many of the Benefits made available to Members.

ACCORDINGLY AND UNLESS A VENDOR HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY MEMBERS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN THE MPA SERVICE.

10. General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through the MPA Service ("Membership Beneficiary"), hereby forever releases, acquits and discharges MPA from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the MPA Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives

11.  Entire Agreement. The foregoing Membership Terms & Conditions contain the entire terms and agreements in connection with Member's participation in the MPA and no representations, inducements, promises or agreement, or otherwise, between MPA and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.

12.  Binding Effect. The foregoing Membership Terms & Conditions shall be binding upon and inure to the benefit of MPA and the Member as well as their respective successors and permitted assigns.