Natural Building Australia Terms of Service
Our Terms and Conditions and Return and Refund Policy was last updated 26/5/23
These terms and conditions may be amended from time to time and apply to all our services.
Welcome to Natural Building Australia. We know as natural building professionals, businesses, suppliers, volunteers, event creators and consumers you want your events and operations as it relates to this service to run safely and smoothly. We want the same thing for our platform. We're excited you are here.
Please read these Terms of Service (or Terms, as further described in Section 2) carefully as they contain important information about your legal rights, remedies and obligations.
By accessing or using Natural Building Australia’s Services, you agree to comply with and be bound by these Terms, as applicable to you. By agreeing to these Terms, you acknowledge you have read and agree to the Privacy Policy and Cookie Statement applicable to all Users, which are incorporated by reference into, and are part of, these Terms.
1. Definitions
In these Terms and Conditions:
1.1. “Natural Building Australia Properties” means Natural Building Australia's products, features and offerings that are available:
- online through various Natural Building Australia properties including Natural Building Australia ("Site(s)");
- off platform, including entry management, sponsorship, and marketing or distribution services; and
- through mobile applications, webpages, application programming interfaces, and subdomains ("Applications").
1.2. “Material” includes information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials.
1.3. “'goods” includes documents, online content, publications, webinars, and other merchandise.
1.4. "Organiser" or “business” means an event or service creator using our Services to generate a profile for their own service or create events for Consumers.
1.5. “Services” include the Natural Building Australia Properties and the Organiser Service, seminars, courses and in-person events run by Natural Building Australia.
1.6. “Professional services” refers to businesses, suppliers or other entities who have created a profile and placed themselves on the “Directory” to attract customers.
1.7. “Site Content” refers to Material contained in or delivered via the Services or otherwise made available by NBA in connection with the Services.
1.8. “Your Content” is any Material that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorise us to use.
1.9. “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1.10. “Your Trademarks” are the trademarks, trade names, service marks, and logos that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorise us to use.
1.11. Organisers, Consumers, and third parties accessing or using our Services are all referred to in these Terms collectively as "Users," "you," or "your."
1.12. When these Terms use " Natural Building Australia," or “NBA” "we," "us," or "our," that refers to Natural Building Australia and its Affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.
1.13. “'website” means naturalbuildingaustralia.org
2. Terms
2.1. These Terms and Conditions apply to any use of, or purchase of goods or services from NBA through the website Naturalbuildingaustralia.org or .com.
2.2. These Terms and Conditions may be amended periodically, and you will be deemed to have accepted any amendments if you use the website after those amendments have been posted.
2.3. NBA owns any and all content posted on the website, along with the right to reproduce or share this content. All copyright and rights therein remain with the content producer and those who generate content for NBA.
2.4. At NBA, we’re focused on giving you a better natural building experience but the content on this website, our mobile app, our marketing material, or any information you receive from NBA has not been prepared to take into account your personal objectives, circumstances or financial needs.
2.5. As such, any advice given is of a general nature only, and is intended to be used as part of your wider research and due diligence and as a tool to assist your own decision making. This extends to any marketing material you may see, including, but not limited to, our blog posts, our social media posts and any other communications published by NBA.
2.6. NBA reserves the right to seek recourse for copyright infringement for misuse of NBA service or unauthorised use of “NBA” content.
2.7. This website contains links to other third party websites. Such links are only for the convenience of the reader, user, or browser, NBA and its members do not recommend or endorse the contents of third-party sites.
2.8. Information presented on NBA is not liable for accuracy and may be branded content provided by industry partners or subsidiary businesses.
2.9. All subscriptions and memberships provided on the website are offered with the intention of providing the goods for service of the terms of that subscription described at https://naturalbuildingaustralia.org/membership/. The terms of this membership cannot be altered once the payment has been received and cannot be terminated unless for reasons outlined below in the Refunds and Returns Policy. (Section 7)
2.10. NBA is not aware of any existing or potential conflict of interest. If we do become aware of any such conflict, we will take all reasonable steps to ensure our advice is not materially influenced by our own (or any associated entity’s) interests and will inform the client as soon as we become aware.
2.11. Advertisers and sponsors of NBA website and/or its e-newsletters have no influence on editorial content or presentation.
2.12. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
2.13. Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
2.14. We may sometimes provide you with services that are not described in these Terms and unless we have entered into a separate, signed agreement that expressly supersedes these Terms, these Terms will apply to those services as well.
3. Natural Building Australia Services and Role
3.1. What we do
We offer an events and professional directory platform that helps Organisers and Consumers thrive and connect. We also offer resources, online content, events and a map for locating services and events. Through our Services, Organisers can create a profile, link to their own website or services, post and manage online or in-person events, workshops, tours, working bees and have a place to promote their events, or businesses.
When hosting an event, the Organiser is solely responsible for ensuring that their event and any page displaying an event complies with any applicable laws, rules, and regulations, and that the goods and services described on the event page are delivered as described and in an accurate, satisfactory manner.
If the Organiser is hosting an event with paid tickets, the Organiser organises their own ticketing and payment services. Consumers must use the payment processing method the Organiser selects to collect payment.
3.2. What we don’t do
NBA is not liable or responsible for any individual contracts between customers and “Professional services”, or terms and agreements made between customers and organisers for events, tours, talks or other services or offers mentioned in Section 1. All services or transactions that take place on our site will be the responsibility of NBA but once private engagement has been sought NBA is no longer liable or responsible for the interactions, contracts, engagements or terms of service entered into.
4. Contract and price
4.1. If you are a Consumer located in Australia and submitting a credit card for NBA to process your purchase, for purposes of NBA only, you are contracting with NBA, an Australian sole trader business located at 1 Gallway st, Castlemaine 3450. Registered under Australia Business Number 66918030745 ("Natural Building Australia").
4.2. All prices displayed on the website are in Australian Dollars and inclusive of GST, unless otherwise indicated.
4.3. Discounted prices are only available to Members and Subscribers of NBA.
4.4. Description of goods, services and prices may be subject to change or correction at any time. Although we seek to ensure information is correct, we make no representation or warranty as to information being accurate or complete. If we discover an error (e.g. goods or services are displayed for the wrong price), we will try to notify you as soon as possible and allow you to cancel your order and obtain a refund if desired. You may be required to provide your credit card details to us for the purpose of issuing a credit to your credit card account in the amount of any cancelled order.
4.5. By submitting an order via the website you warrant that:
- you are capable of entering into a legally binding contract with NBA,
- you are authorised and able to make payment via the method you have chosen,
- the payment information you have provided is correct, and
- your purchase is not made for the purpose of commercial resale.
4.6. A contract for purchase is only formed once we have accepted an order by issuing a receipt number.
4.7. By accessing, browsing, using and/or ordering through our (mobile) website you acknowledge and agree to have read, understood and agreed to be legally bound to the terms and conditions set out below. For direct services, no contract between the customer and naturalbuildingaustralia.org shall come into existence until naturalbuildingaustralia.org receives full payment and issues a confirmation invoice.
If, for any reason, you are not completely satisfied with a purchase or the service we have provided we invite You to review our Refunds and Returns below (Section 7).
5. Your Account with Natural Building Australia
5.1. When you create an account with us or use our Services, you must provide us with accurate information and follow these rules.
5.2. We may require you to create an account to access certain features or functions of the Services. You agree to the following:
- You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervision of a parent or legal guardian who manages your use of the Services and/or account. If you are under 13, please do not provide us with any information about yourself.
- You must provide accurate, current, and complete information about yourself, or if you are using the Services on behalf of an entity, that entity (the “Registration Data"). You also must update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities regarding account ownership, we will be the sole arbiter of that dispute and our decision (which may include termination or suspension of the account) will be final and binding.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
5.3. Registration
5.4. You must register and obtain a service account to submit information to NBA. After you have registered, we will confirm your information and your profile will appear on NBA.
5.5. You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with naturalbuildingaustralia.org. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are responsible for all unauthorised use of your services account by anyone who obtained access to your account directly or indirectly through you.
5.6. You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed.
5.7. We may provide you the ability to implement certain permissions within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you are solely responsible for all activity that occurs under your account (including actions by sub-users). You must maintain the confidentiality of your password and account details. All rules applicable to your account will apply to all third parties to whom you grant access to your account.
5.8. You will immediately notify us of any unauthorised use of your password or account, or any other breach of security. You are responsible for any activities that occur under your account.
5.9. You will not use the Services to collect any sensitive personal information, such as health information (including "protected health information" as defined in 45 C.F.R. §160.103), social security numbers, financial information, payment card numbers, driver's license numbers, and passport numbers, unless otherwise permitted by these Terms or we have consented to the collection of the information in writing.
5.10. You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the hipages.com.au Web Site or any of our users.
5.11. We may deny you access to all or part of NBA Website and/or suspend or cancel your service account without notice if we, in our reasonable discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
6. Term; Termination
6.1. We can revoke your access to our Services.
We may suspend or terminate your right to use the Services at any time, including if:
- you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due;
- you misuse or abuse the Services, or use the Services in a way not intended or permitted by us;
- you engage in any conduct on or off the Natural Building Australia Properties that jeopardises the safety of our community or integrity of the Natural Building Australia Properties or interferes with the experience of our community or the Natural Building Australia Properties; or
- allowing you to access and use the Services would violate any applicable local, state, provincial, national, or other laws, rules and regulations or court order or would expose us to legal liability.
We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, if we believe that failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.
7. Refunds and Returns
Your Order Cancellation Rights
7.1. You are entitled to cancel Your Order (for advertising an Event or Service) within 7 days without giving any reason for doing so.
7.2. The deadline for cancelling an Order is 7 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered. “Special circumstances” under which a refund will be considered, and which are beyond the users control:
- In the case of serious illness – verified by a medical certificate
- Family or personal tragedy
- Acts of God
- Acts of Government authorities, for example where the user is prevented from participating
7.3. In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
- By visiting this page on our website: https://naturalbuildingaustralia.org/contact/
- By sending us an email: info@naturalbuildingaustralia.org
We will reimburse You no later than 14 days from the day on which We receive the returned Goods or received communication regarding the cancellation of service. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
7.4. Terms of Refund:
Australian Consumer Law demands that Natural Building Australia provides a remedy for goods or services when it:
- doesn’t match the sample or description
- is faulty, whether the customer finds this before or after using the product
- doesn’t do what the business said it would, or
- doesn’t do what the customer asked for.
NBA will not engage with the terms of the refund for reasons not listed above.
7.5. For webinars, tours or other Services provided by Natural Building Australia the basic terms of service are:
You may cancel your reservation up to 7 days before the event for a full refund.
Any cancellation within 2 days and up to 24 hours before the departure date of the tour or event will be charged at 50%.
Any cancellation within 24 hours or no show will be charged 100% of the full price.
Podcasts or recordings are non-refundable once downloaded.
7.6. NBA intends to run live programs as advertised but reserves the right to change the programs without notice which includes to be conducted online and to cancel if there are insufficient registrations. In the event of a cancellation NBA will provide a refund.
7.7. If the tour, webinar or event run directly by Natural Building Australia is cancelled due to weather, unforeseen circumstances, emergencies or sickness we will refund your booking. If You would prefer to delay your booking to a later event, we can offer a voucher or transfer your booking to a similar or like event for 12 months.
7.8. Memberships cannot be held over once purchased unless the booking was made in error.
7.9. Events run by operators, businesses or vendors found or linked through Natural Building Australia, you must seek their own cancellation or refund policies and terms of agreement for services.
7.10. Natural Building Australia takes no liability for contracts of service entered into that may have been secured through the website naturalbuildingaustralia.org. All licenses or legalities of those featured on this page are assumed to be operating legally under the Laws of Australia and any contracts or engagements that occur through Natural Building Australia are the responsibility of the User.
7.11. We hope you want to continue using our Services, but please refer to this paragraph if you don’t.
Except as agreed otherwise in a separate written agreement between you and us or other Affiliated Agreement, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered Natural Building Australia account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
8. Release and Indemnification
8.1. Release. You won’t bring us into any disputes between you and a third party.
You hereby agree to release Us (collectively with our Affiliates and subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors and employees, the “Natural Building Australia Released Parties”) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any of the following:
- the Services or any event listed on the Services, including Your Natural Building Australia Events;
- your Licensure (defined below), any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
- any Feedback (defined below) that you give or receive; or
- Your Content or Your Trademarks.
In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
8.2. Indemnification. You agree to have our back if a third party comes after US because of something you did or failed to do.
You agree to defend, indemnify, and hold harmless the NBA Released Parties from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:
- your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
- your unauthorised use of the Services;
- your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
- any Feedback that you give or receive;
- your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
- our collection and remission of taxes; and
- if you are an Organiser, Your NBA Events (including where we have provided Services with respect to those events) and Your Content and Your Trademarks, provided that in the case of (vii) this indemnification will not apply to the extent that the Claim arises out of NBA's gross negligence or wilful misconduct.
We will provide notice to you of any such Claim, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with US in any way we request.
9. Liability, Damages and Consequential Loss
Disclaimer of Warranties and Assumption of Risks by You
9.1. We strive to provide Services in the way you need them, but there are some things we can’t promise.
9.2. To the extent allowed under applicable laws, the Services are provided on an "as is" and "as available" basis. NBA expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that:
- the Services (or any portion of the Services) will meet your requirements or expectations;
- the Services will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from the use of the Services will be accurate or reliable.
9.3. We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by Users (including Feedback and Consumers’ personal information shared with Organisers in connection with events), or (iii) ability of any User to complete a transaction.
9.4. We are not liable for the acts or omissions of any third parties, including third parties that help US provide the Services, that an Organiser chooses to assist with an event, or that you choose to use or contract with when using the Services.
9.5. You must assume risks that are inherent in attending live events.Some events may carry inherent risk and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
9.6. Most events on our platform are not hosted by NBA, but if and when you participate in one that is, you assume all risks.When you attend an event hosted by US, you waive any and all claims and causes of action against the NBA Released Parties, the event producers and presenters, and their insurers, for liability, including for personal injury, property damage or wrongful death in connection with your attendance of the event.
9.7. The disclaimers will apply so long as they are allowed under law.The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.
9.8. Damages
NBA assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an "as is" basis with no guarantees of completeness, accuracy, usefulness or timeliness.
9.9. Consequential loss
NBA is not liable for compensation for any consequential or associated loss or damage resulting from failure to meet consumer guarantees. The loss or damage must have been reasonably foreseeable and not caused by something outside human control.
9.10. All of our Terms are meant to comply with the law.
Some jurisdictions do not allow the exclusion of certain warranties or conditions on, or the limitation of, liability for loss or damage caused by wilful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law.
10. License to the Natural Building Australia Service
License to the NBA Services
10.1. Your right to use our Services is limited to the license we grant you.
10.2. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to:
- browse the Services and search for, view, register for, or purchase tickets or registrations to an event listed on the Services; and/or
- create a profile or event registration, Organizer profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event.
10.3. Your use of the Services must comply with these Terms and all applicable local, state, provincial, national and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
10.4. You can’t copy, sell, or use our Services in a way that is damaging to NBA.
10.5. In addition to any other restrictions, limitations, and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly:
- copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the Services;
- reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Services;
- rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner;
- remove or alter any proprietary notices on the Services; or
- engage in any activity that interferes with or disrupts the Services.
10.6. Our property remains our property.
10.7. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. We may own the Site Content, or portions of the Site Content may be made available to us through arrangements with third parties. Site Content that is included in or made available through the Services is our exclusive property and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national, or other law, rule, or regulation. Any rights not expressly granted in these Terms are reserved.
10.8. You can’t use trademarks that aren’t yours unless we say so.
10.9. The trademarks, service marks and logos of NBA (the "NBA Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of NBA. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, together with NBA Trademarks, the "Trademarks"). Your license to use the Services does not include, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without our prior written consent specifically for each such usage.
10.10. You must not use the Trademarks to disparage us, any third party, or our or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. All goodwill generated from the use of any NBA Trademark will inure to NBA's benefit. Certain issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by us and/or third parties. Please note that if you copy portions of the Services, you are violating these patent rights and copyrights.
10.11. Any sub-domains connected to our website will be owned by us.
10.12. We may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].NBA.org) for one or more of Your NBA Events. All such sub-domains are solely our property, and we reserve the right to determine the appearance, design, functionality, and all other aspects of such sub-domains. If we provide you with a sub-domain, your right to use it will continue only for so long as you are actively selling tickets for Your NBA Events on the Services and provided you follow the Terms. If we terminate your right to use a sub-domain for any other reason, we will provide you with a new sub-domain.
11. Your Rights to Submit a Copyright Takedown Notice What to do if you believe your copyrights are being violated.
11.1. If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA").
11.2. You have no right to use, and you agree not to use, any Site Content for your own commercial purposes. You have no right to, and you agree not to, scrape, crawl, or employ any automated means to extract data from the Sites.
These Terms and Conditions are governed by the laws of Victoria, Australia.
Contact Us
If you have any questions about our Terms of Service, please contact us:
- By visiting this page on our website: naturalbuildingaustralia.org
- By sending us an email: contact@naturalbuildingaustralia.org