Parties
In these Terms and Conditions:
Membership of MEA / MEAQ
By completing and signing this Application Form, you agree to become a member of MEAQ (Queensland based contractors) or MEA (contractors based in all Australian states & territories except Queensland). You further agree that you will be bound by the relevant Constitution of MEA/MEAQ and your rights and responsibilities contained in that Constitution. A copy of both Constitutions is available from MEA. The MEAQ Constitution is also available from the Queensland Industrial Relations Commission.
If you are applying to be a Member of MEA, you guarantee the payment of $10 by you to MEA should MEA be wound up.
Services
If you are applying to participate in any of the services itemised in the Application Form then you agree to
the following:
The details of each service are as published on our website from time to time.
Payment for Services and Membership Fees
All one-fees are payable in advance. Otherwise, you may elect to pay fees annually in advance or by equal monthly instalments (totalling the fees payable for the relevant service).
Where you elect to pay fees annually in advance, a tax invoice will be issued to you on receipt of your application and payment. If you elect in following years to pay fees annually in advance, the due date for payment each year is the anniversary of the date that tax invoice was issued.
Where you elect to pay your fees by equal monthly instalments:
1300 889 198 | mss@masterelectricians.com.au | www.masterelectricians.com.au
Result of Application
We reserve the right to accept or reject any application for services at our sole discretion and you will have
no right to object to our decision or appeal therefrom.
Termination
You may terminate this agreement in respect to any service if we:
in which event, other than any payments already due, you will not be required to make further payment for that particular service.
We may terminate and/or suspend this agreement in respect to any service without notice if you:
Intellectual Property
If you are accepted for membership of MEAQ and/or MEA or for any service and such membership or acceptance entitles you to use any of our Intellectual Property then:
1300 889 198 | mss@masterelectricians.com.au | www.masterelectricians.com.au
Nature of Rights
In the event of the termination of your membership or any service for any reason, you agree that you will not be entitled to claim or receive any damages for the loss of such services or resulting from your termination of membership, other than a pro-rata refund of fees paid if the termination is caused by failure on our part.
Indemnity
You remain solely responsible for the operation of your business including all matters relating to safety including, but not limited to, workplace health and safety, your business management systems and any workmanship guarantee offered by you. You do not have a right of action, claim, demand or any other action against us in respect of any such matters whatsoever and agree that this agreement may be pleaded as a bar against any such proceedings. You also indemnify us against any right of action, claim, demand or any other action whatsoever, including by any third party, arising out of this agreement and you expressly agree that this indemnity is for the benefit of any third party owned or controlled by us, pursuant to Section 55 of the Property Law Act 1974 (as amended).
Privacy
MEA/MEAQ complies with the Australian Privacy Principles. A copy of our Privacy Policy is available on request.
MEA/MEAQ makes every effort to keep personal information and sensitive information (as defined under the Privacy Act) accurate and up-to-date. Information is promptly updated when errors or changes are brought to our attention.
MEA/MEAQ treats all personal information as confidential.
MEA/MEAQ takes reasonable steps to protect the personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure.
MEA/MEAQ does not disclose personal information to any third parties without the member’s consent. The member acknowledges that any personal information or sensitive information it provides to MEA/MEAQ has been collected with the member’s consent and that any use of it by MEA/MEAQ or any Partner is not for a secondary purpose except to the extent that it is directly related to the primary purpose of collection of that information and the member acknowledges that it is within the member’s reasonable expectations that this information will become collected and disclosed in accordance with this agreement and consents to MEA/MEAQ disclosing some or all of the member’s personal information and/or sensitive information to the Partners of MEA/MEAQ. “Partners of MEA/MEAQ” means third parties with which MEA/MEAQ has an agreement, arrangement or understanding in relation to the offer of or the provision of services by that third party intended to be for the benefit of the member and/or MEA/MEAQ, for example but not limited to entities which are involved in the Master Program.
Subject to the foregoing, MEA/MEAQ does not provide mailing lists to other organisations except for the purpose of providing information or delivering services of MEA/MEAQ or entering into arrangements intended to benefit members and then only subject to the recipient agreeing to treat the mailing list as confidential and only deal with it in accordance with the instructions of MEA/MEAQ as the case may be.
MEA/MEAQ will cooperate with all law enforcement bodies in providing information if required.
Members are able to access their personal information upon request in writing to MEA/MEAQ. A reason for the request need not be given. However, the member making the request may be asked for proof of identity. This is necessary to ensure that personal information is provided only to the correct party and that the privacy of others is not undermined. Following such a request MEA/MEAQ will provide a printed copy of any personal information held within fourteen (14) days. Access will be denied if:
Notices
A notice given by a party under this agreement must be in writing and delivered by hand or registered post or sent by email. A communication will be deemed to be received:
Waiver
The failure, delay or omission by a party to exercise a power or right conferred on that party by this agreement will not operate as a waiver of that power or right, and any single exercise of a power or right will not preclude another exercise of that power, or the exercise of another power or right under this agreement.
A waiver must be in writing and signed by all parties.
1300 889 198 | mss@masterelectricians.com.au | www.masterelectricians.com.au
Assignment
Any rights you have under this agreement are personal and may not be assigned without our prior written consent.
General
This agreement will be governed by the laws of Queensland and you agree to submit to this jurisdiction in all matters arising out of this agreement. This agreement constitutes the entire agreement of the parties and supersedes all prior representations, undertakings and agreements. Nothing in this agreement will constitute or be construed to constitute a party as the partner, agent, employee or representative of another party and the use by you of the Intellectual Property does not constitute a business or financial operation or venture involving us in any way.
A term which refers to a natural person includes a company, a partnership, an association, a corporation, a body corporate or a joint venture.
A reference to a party includes their respective successors, personal representatives and permitted assigns.
A reference to a document includes a reference to that document as amended, novated, supplemented, varied or replaced.
A reference to this agreement includes any annexure and any schedule (if any) to this agreement.
Definitions
In these Term and Conditions:
“Application Form” means the form which you have completed to become a member of MEA/MEAQ or subscribe to any MEA/MEAQ service. This form may be online or a hard copy version.
“Intellectual Property” means all intellectual property of us relating to the membership and services referred to in the Application Form including but not limited to any trademarks, marks, symbols, notifications, designations, documents, systems, procedures, educational material, drawings, technical details and processes, concepts not reduced to material form, product or service names, business names and marketing material together with all modifications and developments of all or any thereof.
“Services” means any of the services provided by us as referred to in the Application Form.