Terms and Conditions

Standards Australia Limited

By (1) creating an Account, (2) using any Standards Australia Application; (3) accessing and using the Standards Australia Store; or (4) ordering, accessing or using any Products or Services, an Account User understands and agrees to be legally bound by this Agreement, Standards Australia’s Privacy Policy and all applicable laws and regulations.

A SA Application User may have additional obligations under other terms and agreement, including the Committee Member Deed, Committee Member Agreement, Standards Australia’s Technical Committee Code of Conduct, and any licence agreement governing the use of any documents downloaded from SA Applications.

Brief summaries are provided to highlight certain key terms for information only.

Section 1 – Accounts and Access

1. Accounts

General

Specific Account requirements for Standards Australia Store

Specific Account requirements for Standards Australia Applications

Section 2 – Standards Australia Store Offerings

Curated Subscriptions

2. Curated Subscription Services

Digital Products and Non-Digital Products

3. Digital Products

4. Licence

Section 3 – Standards Australia Store

5. General

6. Order Acceptance Policy

7. Fees and Payments

8. Shipping and Delivery

9. Standards Tracker Feature

10. Promotions

11. Limitation of Liability

12. Returns and Refunds Policy

13. Termination - Standards Australia Store

Section 4 – Standards Australia Applications

14. Standards Australia Applications

15. Content

16. Intellectual Property

17. Additional Requirements for certain SA Applications

18. Terminating access to SA Applications

19. Disclaimer

Section 5 – General

20. Privacy and Security

21. Suspension

22. Survival

23. Contract Variation

24. Feedback

25. No Assignment

26. Force Majeure

27. Severability

28. Governing Law

29. Contact Us

30. Definitions

Section 1 – Accounts and Access

1. Accounts

General

1.1 An SA Application User, Customer and any Authorised User needs to create an Account to order, access or use any SA Application, and Products or Services from the Standards Australia Store. Account Users must:

(a) choose an appropriate and unique username and password for access to the Account; and

(b) not disclose login credentials to any individual or organisation (including other Customers or Authorised Users).

Generic or shared logins are not permitted.

1.2 By registering for an Account, the Account User represents and warrants that they have provided accurate contact, email, postal, billing, residency and other information requested by Standards Australia including for tax purposes (if applicable), will keep this information up-to-date and will:

(a) use their Account only as permitted in this Agreement;

(b) be fully responsible for all activities that occur in the Account;

(d) immediately notify Standards Australia of any unauthorised use of the password or Account or any other breach of security.

1.3 Standards Australia may communicate directly with the Account User about any SA Applications, Product, Service, their Account and for any other communication to which that the Account User consents.

1.4 The Account User is required to set up MFA to authenticate their access to their Account.

Specific Account requirements for Standards Australia Store

1.5 Certain requirements in respect of an Account for a Customer and any Authorised User are set out in clause 4.3.1.

Specific Account requirements for Standards Australia Applications

1.6 The SA Application User may only access and use SA Applications to support or facilitate Standards Australia’s Standardisation Activities, and not for any other purpose.

1.7 The licence to access an SA Application granted by Standards Australia to the SA Application User is a single-user licence personal to the SA Application User, and may not be transferred to another individual or organisation.

1.8 Standards Australia may edit, reformat, filter, remove, delete or refuse to post content from the SA Application User without notice and for any reason, including to ensure compliance with this Agreement, and all applicable laws, standards and industry codes of practice.

Section 2 – Standards Australia Store Offerings

Important note: These terms do not apply to the Custom Subscription Service.

Curated Subscription Services

2. Curated Subscription Services

Key term summary:
• Only Customers with a company size of 1-19 employees are eligible to order a Small Business Curated Subscription.
• Only individuals (being a natural person) who are seeking a personal licence are eligible to order a Mobile Only Curated Subscription.
• Customers can nominate additional Authorised Users, up to the number of user licences permitted, who are the internal staff of the Customer (contractors are not permitted).
• A Customer’s Payment Method will be charged on an annual basis.
• The term of a Curated Subscription Service will automatically renew unless the Customer disables the “auto-renew”. Standards Australia will notify the Customer prior to “auto-renew”. Standards Australia may increase the Fees payable for a Renewed Subscription Term provided it notifies the Customer in advance. Upon renewal the Customer will be charged the higher Fee for the Renewed Subscription Term unless it disables the “auto-renew” feature.
• Customers can terminate the Agreement, including any Curated Subscription Service, if Standards Australia is in breach of this Agreement and does not rectify the breach in accordance with this Agreement or Standards Australia varies the terms of this Agreement, in accordance with clause 23 or varies the Service in accordance with clause 3.2.
• Customers cannot cancel a Curated Subscription Service for the Initial Subscription Term for change of mind.
• Customers may choose not to renew a Curated Subscription Service by disabling “auto-renew” before the expiry of the Initial Subscription Term or Renewed Subscription Term.
• Customers may cancel the Renewed Subscription Term within 30 days of commencement, by providing written notice to Standards Australia.

2.1 Fees for a Curated Subscription Service are fixed for the Initial Subscription Term and the full Initial Subscription Term Fee is charged upfront to the Customer’s Payment Method.

2.2 Provided notice is given in accordance with clause 2.4 below, the term of the Curated Subscription Service will automatically renew for the Renewed Subscription Term:

(a) at the end of the Initial Subscription Term; and

(b) thereafter at the end of each Renewed Subscription Term,

and applicable Fees will continue to be charged to the Customer’s Payment Method on the anniversary of the Annual Billing Date, unless:

(c) the Customer disables the “auto-renew” setting in the Customer’s Account before the expiry of the Initial Subscription Term or Renewed Subscription Term (as applicable);

(d) Standards Australia gives 30 days’ notice to the Customer before the expiry of the Initial Subscription Term or Renewed Subscription Term (as applicable) that the Curated Subscription Service will not be renewed; or

(e) the Agreement or the Curated Subscription Service is cancelled or terminated earlier in accordance with the terms of this Agreement.

2.3 Provided notice is given in accordance with clause 2.4 below, Standards Australia may increase the Fees payable for Renewed Subscription Terms. The Customer may disable the “auto-renew” setting in accordance with clause 2.2(c) if the Customer does not wish to renew the Curated Subscription Service. If the Customer does not disable the “auto-renew” setting, the Curated Subscription Service will automatically renew at the higher rate and this higher rate will be charged to the Customer’s Payment Method in accordance with clause 2.2.

2.4 Within 30 to 180 days before the expiry of the Initial Subscription Term and each Renewed Subscription Term, Standards Australia will notify the Customer of the following:

(a) that the Initial Subscription Term or Renewed Subscription Term (as applicable) is due to expire or automatically renew;

(b) any increase to the Fees payable for the Renewed Subscription Term (if applicable); and

2.5 The Customer must ensure their Payment Method is valid for the length of the Subscription Term to avoid interruption to, or suspension of, their Curated Subscription Service.

2.6 Subscription Term Cancellation

(a) The Customer may only cancel a Curated Subscription Service during the Subscription Term, in accordance with clause 13.2.

(b) The Customer may choose not to renew a Curated Subscription Service by disabling auto-renew in accordance with clause 2.2(c).

(c) Once a Renewed Subscription Term commences, the Customer may cancel the service for that Renewed Subscription Term, within the first 30 days from commencement, by providing written notice to Standards Australia. In which case Standards Australia will refund any Fees paid by the Customer for the Renewed Subscription Term.

2.7 Small Business Curated Subscription - Additional Terms

2.7.1 Only Customers with a company size of 1-19 employees are eligible to order a Small Business Curated Subscription.

2.7.2 The Customer may nominate additional Authorised Users up to the number of user licences permitted, as set out in the Order Summary, to access the Small Business Curated Subscription who:

(a) have consented to receive access to the Service;

(b) will be required to register for and log into their own Account with Standards Australia before they can access the Service; and

2.8 Mobile Only Curated Subscription - Additional Terms

2.8.1 Only individuals (being a natural person) who are seeking a personal licence are eligible to order a Mobile Only Curated Subscription.

Digital and Non-Digital Products

3. Digital Products

3.1 Format

(a) Digital Products may be supplied to the Customer in one or more formats.

(b) The format(s) of the Digital Product will be notified to the Customer at the time of purchase.

3.2 Product and Service Changes

(a) Standards Australia may from time to time vary the format of the Digital Product, modify, update, remove or discontinue a Product, Service or Content. Standards Australia will provide notice to the Customer of such update, modification, removal or discontinuation for example on Standards Australia Store website or via the Customer’s Account.

(b) The Customer may cancel or terminate a Service if a variation in accordance with clause 3.2(a) detrimentally affects the Customer’s use of the Service within 14 days of the variation becoming effective. Standards Australia will refund the Customer on a pro-rata basis any Fees prepaid for any remaining unused Subscription Term calculated at the date of variation.

(c) If a Service is discontinued, the Customer will be provided with a refund on a pro-rata basis of any Fees prepaid for the remaining unused Subscription Term, calculated at the date of termination.

(d) Standards Australia may from time to time make changes to a Curated Subscription Service, including updating the Content by substituting existing publications with revised or amended publications or by adding or removing publications, in which case the Customer and its Authorised Users (if applicable) will no longer have access to the previous version of the Content or the removed publications. In this case, Standards Australia will use reasonable endeavours to maintain comments, highlights and bookmarks made by a Customer or Authorised User to Content. However, the Customer and any Authorised User(s) each acknowledge that this may not be possible where the Content has been changed in the revised or amended publication or removed.

4. Licence

4.1 By ordering, accessing or using the Products or Services, the Customer and any Authorised Users (if applicable) each agree to the Product Licence terms (set out in subclause 4.2) and/or the Curated Subscription Service Licence terms (set out in subclause 4.3) and the General Licence terms (set out in subclause 4.4). The Customer must at all times ensure that its Authorised Users comply with the applicable licence terms set out in this clause 4.

4.2 Product Licence

4.2.1 Non-Digital Products

(a) In consideration of payment of Fees (including Shipping Fees pursuant to clause 8) in full and subject to clause 4.3.2, Standards Australia will supply to the Customer the Non-Digital Product.

(b) Except to the extent expressly permitted by Standards Australia in writing, the Customer is not permitted to:

(i) copy, scan or save the Content or any portion thereof to any device; or

(ii) share, distribute, reproduce or communicate the Content or any portions thereof.

4.2.2 Digital Products – Single User

(a) In consideration of payment of Fees in full and subject to clause 4.4, the Customer is granted a single user, non-transferable, non-sublicensable, non-exclusive, limited licence to access the Content of the Digital Product.

(b) The Customer:

(i) may only access the Content via the Customer’s Account on one (1) device at a time (i.e. use on concurrent devices is not permitted); and

(ii) may add comments, highlights and bookmarks to the Content via the Customer’s Account.

(i) copy the whole or any part of the Content;

(ii) print, save or print screen the Content (note that the Content may be cached by the Customer in their browser for up to 30 days from the time the Customer accesses the Content online, after which the cached copy is deleted from the Customer’s device);

(iii) reproduce, distribute, communicate or grant access to the Product or the Content to any other person;

(iv) upload, store or use the Content on a Network; or

(v) reverse engineer the Products or any platforms on which the Products or Services operate.

(d) If the Customer is granted access to the Content in Protected PDF format, the Customer may only:

(i) download and open the Content in Protected PDF format on one (1) device and for up to 30 days. The Customer must connect to their Account every 30 days to unlock the Protected PDF; and

(ii) print two (2) copies of the Content from the Protected PDF.

4.2.3 Digital Products – Multi-User

(a) In consideration of payment of Fees in full and subject to clause 4.4, the Customer and its Authorised Users are granted a non-transferable, non-sublicensable, non-exclusive, limited licence to access the Content of the Digital Product.

(b) The Customer can nominate Authorised Users up to the number of user licences ordered, as set out in the Order Summary.

(i) must only access the Content via the Customer or Authorised User’s Account;

(ii) may only access the Content on one device at a time (i.e. use on concurrent devices is not permitted); and

(iii) can add comments, highlights and bookmarks to the Content.

(d) Subject to subclause (e), the Customer and Authorised User(s) (as applicable) are not permitted to:

(i) copy the whole or any part of the Content;

(ii) print, save or print screen the Content (note that the Content may be cached by the Customer or Authorised User (if applicable) in their browser for up to 30 days from the time the Customer or Authorised User accesses the Content online, after which the cached copy is deleted from the Customer’s or Authorised User’s device);

(iii) reproduce, distribute, communicate or grant access to the Product or Content to any other person;

(iv) replace an Authorised User once that user has accepted access to the Product;

(v) upload, store or use the Content on a Network; or

(vi) reverse engineer the Products or any platforms on which the Products or Services operate.

(e) If the Customer and Authorised User(s) are granted access to the Content in “Protected PDF format, the Customer and Authorised User(s) must only:

(i) download and open the Content in Protected PDF format on one (1) device per Authorised User, and for up to 30 days. The user must connect to their Account every 30 days to unlock the Protected PDF; and

(ii) print two (2) copies of the Content from the Protected PDF per Authorised User.

4.3 Curated Subscription Service Licence

4.3.1 Small Business Curated Subscription

(a) In consideration of the payment of Fees (including in accordance with clause 2.1 and 2.2), and subject to clause 4.4, Standards Australia grants the Customer and its Authorised User(s) a non-exclusive, non-transferrable, non-sublicensable, limited licence to access the Small Business Curated Subscription and the Content of the Digital Products for the duration of the Subscription Term.

(b) The Customer and Authorised User(s):

(i) must only use the Small Business Curated Subscription and access the Content via the Customer’s or Authorised User’s Account and on one (1) device at a time (i.e. use on concurrent devices is not permitted); and

(ii) may add comments, highlights and bookmarks to the Content.

(i) copy the whole or any part of the Content;

(iii) reproduce, distribute, communicate or grant access to the Small Business Curated Subscription or the Content to any other person;

(iv) upload, store or use the Content on a Network.

(d) Each Authorised User must be a natural person and an internal staff of the Customer. If the Authorised User’s employment relationship with the Customer terminates, the Customer must discontinue that Authorised User’s access to the Small Business Curated Subscription and Content.

(e) If an Authorised User changes their role or ceases employment with the Customer, then the Customer may substitute another natural person as the relevant Authorised User. The Customer must not otherwise change Authorised Users or permit any sharing of an Authorised User's access rights. The Customer may only register the same Authorised User once during an Initial or Renewed Subscription Term. The Customer may not substitute a user with a person who was a previous Authorised User during an Initial or Renewed Subscription Term.

(f) Upon the termination or expiry of the Small Business Curated Subscription, the Customer and Authorised User(s) will no longer have access to the Small Business Curated Subscription, Content, Products or updates included in the Small Business Curated Subscription.

(g) Any comments, highlights and bookmarks made by the Customer and Authorised User(s) on or in relation to the Content may be deleted upon the termination or expiry of the Subscription Term.

(h) For avoidance of doubt, a Small Business Curated Subscription can be accessed via the web browser based Web-Reader. Authorised Users cannot access Content in a Small Business Curated Subscription through the Mobile App.

4.3.2 Mobile Only Curated Subscription

(a) In consideration of the payment of Fees (including in accordance with clause 4.4), and subject to clause 4.4, Standards Australia grants the Customer (being a natural person) a non-exclusive, non-transferrable, non-sublicensable, limited licence to access the Mobile Only Curated Subscription and the Content of the Digital Products for the duration of the Subscription Term. This licence is a personal licence granted to the individual Customer and may not be transferred or assigned without the written consent of Standards Australia.

(b) The Customer:

(i) can only access the Content in a Mobile Only Curated Subscription via a Mobile App and on one (1) mobile device at a time (i.e. use on concurrent devices is not permitted); and

(ii) may add bookmarks to the Content.

(i) copy the whole or any part of the Content;

(ii) print, save or print screen the Content (note that the Content may be cached by the Customer in the Mobile App for up to 30 days from the time the Customer accesses the Content online, after which the cached copy is deleted from the device);

(iii) reproduce, distribute, communicate or grant access to the Mobile Only Curated Subscription or the Content to any other person;

(iv) upload, store or use the Content on a Network.

(d) Upon the termination or expiry of the Mobile Only Curated Subscription, the Customer will no longer have access to the Mobile Only Curated Subscription, Content in the Mobile App, Products or updates included in the Mobile Only Curated Subscription.

(e) Any bookmarks made by the Customer and Authorised User(s) on or in relation to the Content may be deleted upon the termination or expiry of the Subscription Term.

4.4 General Conditions of Licence

4.4.1 The Customer and its Authorised User(s) (if applicable) agree to the grant of any licence in clauses 4.2 and 4.3 on the following additional conditions:

(a) Standards Australia and its licensors are, and will remain, the owners of all Intellectual Property Rights in the Product, Content and Services (as applicable);

(b) the Customer and Authorised User(s) must comply with any copyright notices related to the Product, Content or Service (as applicable) and must not remove, alter or obscure any ownership, copyright, trademark, confidentiality or other marks or legends (including any digital watermark or other digital rights management tool) on or in the Product, Content or Service;

(c) the Customer and Authorised User(s) must not merge, adapt, translate, embed, modify, rent, lease, loan sell, sublicense, assign or otherwise exercise any Intellectual Property Rights in the Product or Content or parts of the Content;

(d) the Customer and Authorised User(s) must not reproduce, communicate, or otherwise distribute the Product or Content, in any format, by electronic mail or other means, to any individual or organisation, without the prior written permission of Standards Australia;

(e) the Customer and Authorised User(s) must keep the Product and Content secure and preserve the integrity, functionality or usability of the Content and Standards Australia's Intellectual Property Rights;

(f) the Customer and Authorised User(s) must not reverse engineer the Products or Service or any platforms on which the Product or Service operates, circumvent or bypass any technological protection measures in or relating to the Products or Service, disable, impair, or damage the Products or Service or attempt to do so.

(g) The Customer and Authorised User(s) must not submit any content to their Account or to any Standards Australia’s platform that:

(i) contains any virus or other damaging material;

(ii) infringes or breaches the right of a third-party (including Intellectual Property Rights, copyright, confidentiality or privacy rights);

(iii) is inappropriate, defamatory, abusive, obscene, vulgar, offensive, discriminatory, or threatens, intimidates or harasses any person; or

(iv) is deceptive or misleading, involves or promotes any illegal activity, or is otherwise contrary to any applicable laws, codes or policies of Standards Australia, or any other agreement with Standards Australia.

4.4.2 Without limiting the restrictions in clause 4.4.1, the Customer agrees to the grant of any licence in clause 4.3 on the following additional conditions:

(a) the Customer and Authorised User(s) must only use the material from the Small Business Curated Subscription Service or Content for the Customer's internal business purposes (excluding the business purposes of the Customer's related entities, associates, shareholders and subcontractors); and

(b) upon expiry or termination of the Curated Subscription Service, the Customer and Authorised User(s) (as applicable) must delete all copies of any Content or Files accessed via the Curated Subscription Service from all devices used to access the Content or Files.

Section 3 – Standards Australia Store

5. General

5.1 An Order Summary and/or Order Document are subject to and governed by this Agreement.

5.2 In the event of in consistency, this Agreement will override and supersede any previous or current arrangements between Standards Australia and the Customer or Authorised Users (as applicable), including any terms or conditions contained within any Order Document or Order Summary (as applicable).

6. Order Acceptance Policy

6.1 The Customer will be issued with a confirmation or receipt upon submission of an order to Standards Australia.

6.2 The receipt of an order confirmation by the Customer does not signify Standards Australia’s acceptance of the Customer’s order. Standards Australia may require additional verification or information before accepting any order.

6.3 Standards Australia reserves the right to:

(a) decline an order and refund the Customer any prepaid Fees; or

(b) to supply less than the quantity ordered of any item, upon providing prior notice to the Customer and refunding any payment made for items not supplied.

7 Fees and Payments

7.1 Payment of all applicable Fees is required at the time of placing an order.

7.2 Standards Australia will deliver and/or grant access to the Product(s) and/or Service(s) to the Customer and its Authorised Users (if applicable) upon payment of all applicable Fees in full by the Customer.

7.3 Subject to clauses 2.6 and 11.1, Fees for Products and Services are non-cancellable and non-refundable for change of mind.

7.4 If GST is payable on a taxable supply made by Standards Australia to a Customer, Standards Australia may recover from the Customer the amount of GST in addition to any Fee otherwise payable or provided for the supply.

7.5 For a taxable supply made by Standards Australia to a Customer, the Customer must make the payment of GST at the same time and in the same manner as it provides for the Fee for the relevant supply.

7.6 It is the Customer’s responsibility to respond truthfully and accurately to the information requested by Standards Australia to allow Standards Australia to determine if GST applies to its supply of Products and Services.

7.7 The Customer must keep their resident status updated in their Account and provide accurate information to Standards Australia to enable Standards Australia to determine or assess whether GST applies.

7.8 Customers located outside Australia are responsible for any applicable taxes, charges, surcharges or levies applied to the Products or Services in their jurisdiction to their local tax authorities.

7.9 The Customer acknowledges and agrees that the Fees and pricing information included in any Order Document is commercial-in-confidence and the Customer will not disclose this information to any person without Standards Australia’s consent.

7.10 Standards Australia uses third-party payment gateway providers (the Gateway Provider) for online payment card transactions made via Standards Australia Store and for payment of invoices via a payment card online or by phone.

7.11 By ordering a Product or Service or paying a Standards Australia issued invoice online or by phone, the Customer acknowledges the following:

(a) The Customer will be directed to a Gateway Provider to make payment through a Payment Method.

(b) The Customer’s payment card details are submitted to the Gateway Provider and cannot be viewed by Standards Australia.

(c) Standards Australia will receive certain information about the Customer from the Gateway Provider including payment card details (in a hashed format) and the Customer’s name and IP address to enable Standards Australia to provide Products and Services to the Customer.

(d) Standards Australia cannot guarantee the performance or availability of any Gateway Provider.

7.12 Curated Subscription Services are subject to additional terms regarding Fees and payments in clause 2.

8 Shipping and Delivery

8.1 Shipping on Non-Digital Products will be calculated at checkout or contained in the Order Document (as applicable). The Customer must pay the Shipping Fee prior to delivery of the Product.

8.2 Standards Australia is not responsible for the cost of resupplying the Product and the Customer will not be entitled to a refund of the cost of the Product or any Shipping Fee if Products are delivered to an incorrect address supplied by the Customer.

9 Standards Tracker Feature

9.1 Upon ordering a Product or Service, Customers and their Authorised User(s) (if applicable) are automatically subscribed to the Standards Tracker Feature for the relevant publication(s) included in the Product or Service and will receive notifications from Standards Australia regarding the relevant publication(s).

9.2 Customers and Authorised Users may independently subscribe to the Standards Tracker Feature to track other publications.

9.3 Standards Australia will use reasonable endeavours, but is not obligated, to notify Customers and Authorised Users subscribed to the Standards Tracker Feature for a particular publication when a new revision, change to or amendment of, that publication is available.

9.4 Except for Customers receiving updates on Content and publications included in a Small Business Curated Subscription Service, Customers and Authorised Users can unsubscribe to the Standards Tracker Feature for one or more Products at any time by managing their preferences in their Account.

10 Promotions

10.1 Standards Australia may from time to time provide promotions, which are subject to any accompanying Promotion Terms.

10.2 Standards Australia may suspend or discontinue any Promotion at any time in its sole discretion, subject to the Promotion Terms.

10.3 Promotions do not apply to any renewal period of a Curated Subscription Service unless otherwise specified in the Promotion Terms.

11 Limitation of Liability

Key term summary: This clause sets out important terms that may limit Standards Australia’s liability under this Agreement. It does not however, limit liability or alter the Customer's rights as a Consumer that cannot be excluded under applicable law, including any non-excludable requirements of the Australian Consumer Law.
• The Service is provided “as is” and “as available”. Standards Australia disclaims all warranties to the fullest extent permitted by law. The entire risk arising out of the Customer’s and its Authorised Users' use of the Service, and Content remains solely with Customer.
• To the extent Standards Australia is entitled to do so, Standards Australia limits its liability for a failure to comply with a consumer guarantee under the Australian Consumer Law to the supply of the relevant Service again, or the payment of the cost of resupplying the Service.
• In all other circumstances, Standards Australia’s liability (if any) to the Customer and its Authorised Users is limited to issuing a refund, or resupplying the Service (as applicable).
• Standards Australia excludes liability for indirect, incidental, special, exemplary, punitive or consequential damages, liability arising out of the Customer's or its Authorised Users' use of or reliance on the Service or inability to access or use the Service, delay or failure in performance resulting from causes beyond Standards Australia’s reasonable control.

11.1 Limitation subject to Australian Consumer Law

Nothing in this Agreement purports to limit liability or alter the Customer's rights as a Consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Australian Consumer Law.

11.2 Disclaimer

Except as required of Standards Australia under the consumer guarantees in the Australian Consumer Law, the Service is provided “as is” and “as available”. Standards Australia disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability of the Service or any Content requested by Customer through the use of the Service, or that the Service will be uninterrupted or error-free. Customer agrees that the entire risk arising out its and its Authorised Users' use of the Service, and Content requested through the use of the Service, remains solely with Customer, to the maximum extent permitted under applicable law, including the Australian Consumer Law.

11.3 Liability

(a) If the Customer is acquiring any goods or services supplied under this Agreement as a Consumer, those goods and services come with guarantees under the Australian Consumer Law. To the extent Standards Australia is entitled to do so, Standards Australia limits its liability for a failure to comply with a consumer guarantee under the Australian Consumer Law to:

(i) in the case of any goods supplied to the Customer under this Agreement, at Standards Australia's option, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and

(ii) in the case of any services supplied to the Customer under this Agreement, at Standards Australia's option, the supply of the relevant services again, or the payment of the cost of resupplying the services.

(b) In all other circumstances, Standards Australia’s liability (if any) to the Customer and its Authorised Users is limited to issuing a refund, or resupplying the Service (as applicable).

11.4 Exclusion of Liability

(a) Standards Australia's liability to the Customer for a breach of any condition, warranty or term of this agreement that is not a breach of a consumer guarantee under the Australian Consumer Law is also limited in the following way:

(i) Standards Australia shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Service, even if Standards Australia has been advised of the possibility of such damages.

(ii) Standards Australia shall not be liable for any damages, liability or losses arising out of the Customer's or its Authorised Users' use of or reliance on the Service or inability to access or use the Service, even if Standards Australia has been advised of the possibility of such damages.

(iii) Standards Australia shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control.

12 Returns and Refunds Policy

Key term summary: This clause sets out important terms that may restrict a Customer’s rights to return a Product purchased from Standards Australia and obtain a refund. Generally, Standards Australia will only accept returns in certain circumstances and if certain conditions are met. However, Customers (that are also Consumers) have rights under Australian Consumer Law that cannot be excluded by the terms of this Agreement.

12.1 This clause 12 applies only to Products and Services purchased from the Standards Australia Store and not from any of Standards Australia’s distributors or agents.

12.2 The limitations expressed in this clause 12 are subject at all times to the Customer’s rights referred to in clause 11.1, including certain timeframes and other conditions of return.

12.3 General

Returns will not be accepted for change of mind or error in purchase.

12.4 Non-Digital Products

(a) In addition to the Customer’s rights under the Australian Consumer Law referred to in clause 11.1, Standards Australia will accept returns from Customers where:

(i) the Product is faulty or damaged in the delivery process; or

(ii) Standards Australia supplied the Customer the wrong item or the item does not match the description.

(b) To the fullest extent permitted by law and subject at all times to the Customer’s rights under the Australian Consumer Law (including those referred to in clause 11.1), Standards Australia will only accept returns from Customers where:

(i) a satisfactory proof of purchase is produced;

(ii) the returned item is not damaged by the Customer ; and

(iii) the request is made within 30 days of the purchase date of an item.

(i) accepted in accordance with this clause 12, Standards Australia will reimburse the cost of return shipping;

(ii) rejected, Standards Australia may send the rejected item back to the Customer at the Customer’s expense following the Customer’s payment of reasonable additional shipping charges.

(d) If Standards Australia is unable to replace a Product upon request, the Customer will be issued a refund.

12.5 Digital Products

(a) Customers experiencing issues with use of or access to Digital Products should first contact Standards Australia’s Customer Success Team in accordance with clause 29.2 for assistance.

(b) If a Digital Product is found to be defective after it is downloaded or the Customer was supplied with an incorrect Product without fault of the Customer, then, to the extent permitted by law and subject at all times to the Customer’s rights under the Australian Consumer Law referred to in clause 11.1, Standards Australia will repair or replace the defective or incorrect Product or issue the Customer with a refund, if:

(i) the request is made within 30 days of the purchase date;

(ii) a satisfactory proof of purchase is produced (including original receipt or online proof of purchase);

(iii) the Customer has provided complete details of the Digital Product and the PC or device the Customer has attempted to access the Digital Product on; and

(iv) the Customer meets the Minimum Browser Requirements.

12.6 Refund Process

(a) All correspondence regarding complaints, returns and refunds must be directed to Standards Australia’s Customer Success Team using the contact details in clause 29.

(b) Standards Australia will endeavour to process refunds for eligible Customers to the Customer’s original Payment Method within 14 days of the Customer contacting the Standards Australia Customer Success Team.

(d) Standards Australia will not offer store credit in any circumstances.

13 Termination – Standards Australia Store

Key term summary: This clause sets out circumstances where Standards Australia may terminate this Agreement, or any Service or licence granted to the Customer and/or the Authorised User under this Agreement or disable access to any Product, Service, or Content. In particular, Standards Australia may terminate this Agreement (or any Service or licence granted to Customers and Authorised Users) or disable access to any Product, Service or Content upon non-compliance by the Customer or Authorised User with this Agreement, or for any reason with 30 days’ prior written notice to the Customer or Authorised User and a refund to the Customer on a pro-rata basis of any Fees for any remaining unused Subscription Term at the end of the notice period. The Customer may terminate this Agreement, including any Curated Subscription Service, if Standards Australia is in breach of this Agreement, varies the terms of this Agreement in accordance with clause 23, or varies the Service in accordance with clause 3.2. When this Agreement terminates (or expires), the Customer and/ or Authorised User will no longer be able to use the Products, Content or Service (as applicable) and must remove, destroy or delete all copies of any Products or Content held by the Customer (and its Authorised Users).

13.1 Termination by Standards Australia

Standards Australia may terminate this Agreement, or any Service or licence granted to the Customer and/or the Authorised User (if applicable) under this Agreement or disable access to any Product, Service, or Content:

(a) immediately upon non-compliance by the Customer or Authorised User (as applicable) with this Agreement (including any breach of clauses 1, 2, 4 and 7 this Agreement), if:

(i) the Customer or Authorised User (as applicable) fails to rectify that non-compliance within 14 days of written notice from Standards Australia requiring the non-compliance to be rectified; or

(ii) the non-compliance is incapable of being rectified;

(b) upon 14 days’ prior written notice if the Customer fails to pay any invoice or instalment by the due date; or

(c) for any reason with 30 days’ prior written notice to the Customer or Authorised User (as applicable), and a refund to the Customer on a pro-rata basis of any Fees for any remaining unused Subscription Term at the end of the 30 day notice period.

13.2 Termination by Customer

(a) The Customer or Authorised User (as applicable) may terminate this Agreement, including any Curated Subscription Service, if Standards Australia:

(i) is in breach of this Agreement and fails to rectify that breach within 14 days of written notice from the Customer requiring the breach to be rectified;

(ii) varies the terms of this Agreement, in accordance with clause 23;

(iii) varies the Service in accordance with clause 3.2;

13.3 Consequences of termination

Upon termination or expiration of this Agreement or Service, the Customer and its Authorised Users:

(a) will no longer have access to any Digital Product, Service and Content, or any updates included in the Service;

(b) will no longer have access to any Customer’s or Authorised User’s data, including notes, highlights and bookmarks made by the Customer and Authorised Users on or in relation to the Content,

(c) Must immediately cease, any and all use of the Digital Product, Service, Content and will cease to receive any Content provided in a Curated Subscription Service; and

(d) Must remove, destroy or delete all printed, saved or downloaded electronic copies of any part of the Digital Product or Content held by the Customer and its Authorised Users and, upon request by Standards Australia, provide an undertaking to Standards Australia that they have done so. For the avoidance of doubt this clause does not apply to the Non-Digital Product licence at clause 4.2.1

Section 4 – Standards Australia Applications

14. Standards Australia Applications

Standards Australia provides the following SA Applications to an SA Application User for Standardisation Activities as provided for in this Agreement:

14.1 Connect, a portal for members of the public, current Committee Members and Nominating Organisations;

14.2 Project Proposal Portal, a portal to submit and provide comments on standards development project proposals, provided via Salesforce.com;

14.3 Public Comment Management System, a portal to provide comments on draft standards and other publications;

14.4 SIM, a database for Committee Members to access Australian Standard® standards and other publications for use in relation to committee processes;

14.5 Standards Australia Academy (or SA Academy), a knowledge-sharing portal for Committee Members, provided via Learning Seat Pty Ltd; and

14.6 International Participation Portal, a portal to enable Committee Members to coordinate meeting and travel schedules and itineraries for committee purposes.

15 Content

15.1 SA Application User content. The SA Application may allow the SA Application User to submit content, information or material (for example to provide comments on a project proposal or draft technical publication). The SA Application User acknowledges and agrees that any content they submit may be shared with, seen, or used by other users, subject to any confidentiality obligations that may apply (for example documents marked as Committee-In-Confidence uploaded to Connect).

15.2 Prohibited activities. The SA Application User must not submit any content to any SA Application that:

(a) contains any virus or other damaging material;

(b) infringes or breaches the right of a third-party (including intellectual property, copyright, confidentiality or privacy rights);

(c) is inappropriate, defamatory, abusive, obscene, vulgar, offensive, discriminatory, or threatens, intimidates or harasses any person; or

(d) is deceptive or misleading, primarily used to promote your or a third-party business or enterprise, involves or promotes any illegal activity, or is otherwise contrary to any applicable laws, codes or policies of Standards Australia as published on Standards Australia’s Website at standards.org.au, such as the Competition Law Guidelines, Technical Group and Committee Member Code of Conduct, Nominating Organisation Code of Conduct, Nominating Organisation Guide, Standardisation Guides, Patent Policy and Licensing Declaration and Standards Australia Privacy Policy or any other agreement with Standards Australia.

15.3 Licence to use content. The SA Application User grants Standards Australia a worldwide, non-exclusive, royalty-free, sub-licensable, transferable, perpetual and irrevocable licence to host, use, copy, reproduce, publish, distribute, modify, adapt, and create derivative works of the content submitted to an SA Application by the SA Application User, including for the purpose of conducting Standards Australia’s Standardisation Activities.

15.4 Moral rights. The SA Application User grants Standards Australia consent to conduct or omit to conduct any act or omission which would otherwise infringe the SA Application User's moral rights in the content submitted to an SA Application, including without limitation failing to acknowledge or attribute the SA Application User as an author or modifying those materials.

15.5 Third-party content. If the SA Application User submits content which includes third-party content, the SA Application User must ensure that it has prior permission from the content owner for the SA Application User and Standards Australia to use and reproduce that content as contemplated under this Agreement.

15.6 Report violations. If the SA Application User become aware of any content published on an SA Application which it reasonably believes violates this Agreement or any applicable law, please report this to Standards Australia at mail@standards.org.au as soon as reasonably practical.

15.7 Disclaimer. Standards Australia does not accept liability or responsibility with respect to any content submitted by SA Application Users. Specifically, Standards Australia will not be taken to have submitted or endorsed the submission of any content by facilitating SA Application Users to submit content onto the SA Application. The SA Application User will not hold Standards Australia responsible or liable in any way for any user comments or posts.

16 Intellectual Property

16.1 Standards Australia content. Standards Australia may provide the SA Application User with access to content and resources as part of the SA Application (such as standards, technical publications and public comment drafts).

16.2 Ownership. Copyright in content included in or made available via an SA Application (other than content submitted and owned by the SA Application User) remains vested in Standards Australia (or relevant third parties such as other standards development bodies who may have licensed such content to Standards Australia).

16.3 Protection. The SA Application User agrees to use all reasonable efforts to protect Standards Australia content in their possession or control from unauthorised use.

16.4 Permitted use. Standards Australia grants the SA Application User a non-exclusive, non-sub-licensable, non-transferable, and revocable licence to use the content accessible via an SA Application:

(a) strictly for the purpose for which the content is made available to SA Application Users (namely for Standardisation Activities or public commenting purposes as the case may be); and

(b) in accordance with this Agreement and any applicable terms of use (for example, the Committee Member Deed or Agreement or other licence agreement).

16.5 Restrictions. Other than the permitted use in clause 16.4, the SA Application User must not:

(a) use, reproduce, copy, merge, adapt, translate, embed, modify, rent, lease, sell, sublicense, send by email, share, distribute, upload to a website, assign or otherwise transfer any content obtained from an SA Application, unless with the prior written permission from Standards Australia or relevant third-party owner(s);

(b) remove, alter or obscure any copyright or licence notices appearing on the content (including without limitation any watermark); or

(c) bypass, modify or circumvent any security-related features or content protection or features applicable to the content; or

(d) disassemble, decompile or reverse engineer the software or source code of any SA Application.

16.6 Infringement notice. If the SA Application User reasonably believes that its intellectual property rights have been infringed by another person, please notify Standards Australia at mail@standards.org.au with the relevant details of the suspected infringement as soon as possible. Standards Australia will consider the matter and take any necessary actions as it thinks fit. However, please note that Standards Australia may not be able to share any details of the matter with the SA Application User.

17 Additional Requirements for certain SA Applications

17.1 Project Proposal Portal

(a) The Project Proposal Portal allows members of the public to submit, comment and vote on project proposals relevant to Standards Australia standards development projects.

(b) The Project Proposal Portal is provided via a Salesforce.com company (Salesforce), a third-party cloud-based platform provider. By using the Project Proposal Portal, the SA Application User agrees to be bound by the Salesforce Master Subscription Agreement available at www.salesforce.com/company/msa.jsp (as updated from time to time).

(c) Personal information (such as name, email address and other contact details) that the SA Application User submits when accessing the SSO will be provided to Salesforce for the purposes of maintaining the Account and facilitating access to the Project Proposal Portal. The SA Application User acknowledges and agrees that Salesforce may collect, use and disclose personal information in accordance with its Privacy Policy at www.salesforce.com/company/privacy. For any questions about Salesforce’s collection of data, please contact us at privacy.officer@standards.org.au or Salesforce at privacy@salesforce.com.

(d) The SA Application User cannot edit or delete their name, proposal, comment or vote once it is submitted, and it will be viewable by other registered users. Personal information of the SA Application User may also be disclosed to relevant Committee Members.

(e) Proposals and comments will be reviewed and assessed by Standards Australia. Votes and comments will be used to indicate support from interested stakeholders but are not determinative. Standards Australia will be responsible for deciding on projects approvals based on the criteria and process listed on Standards Australia’s Corporate Website.

17.2 Public Comment Management System

As part of its Public Comment process, Standards Australia provides access to draft standards and other technical documents it develops to allow the public to provide comments on the text of the draft document. If the SA Application User provides comments in response to a draft document as part of Standards Australia’s Public Comment process, the following additional requirements apply:

(a) Comments submitted towards Standards Australia’s Public Comment process should address the technical content, wording or arrangement of the draft, or editorial matters. Proposed technical changes should be accompanied with supporting reasons.

(b) Personal information of the SA Application User may be disclosed to relevant Committee Members. In the case of joint Australian/New Zealand draft documents, personal information of the SA Application User may be disclosed to Committee Members of the joint Australian/New Zealand technical committee and employees and contractors of MBIE located in New Zealand. The SA Application User’s information may also be shared by Standards Australia with its third-party service providers.

(c) Standards Australia does not endorse any content submitted by any SA Application Users (including any comments, opinions, feedbacks, recommendations or advices). Although Standards Australia will use reasonable endeavours to review all significant comments received, Standards Australia is under no obligation to consider, respond to, or action on any of the comments or posts submitted by the SA Application User.

(d) Draft documents are provided solely for the purpose of Standards Australia’s Public Comment process and are subject to change. Draft documents may not be used or relied on for any other purpose. Standards Australia recommends that users refer to the final published version of any standard or other technical document.

(e) The SA Application User acknowledges and agrees that Standards Australia has no obligation to notify the SA Application User of any amendments or changes to any draft document or to its withdrawal from development, irrespective of the reason for any such amendment, change or withdrawal.

(f) Draft standards and other documents made available via Public Comment are subject to copyright. Any reproduction, copying or distribution of drafts (including by way of “Printscreen”, “Screen Snips”, “Print as PDF”) is prohibited. Other persons can access draft documents and provide comments by registering an Account.

17.3 SIM: documents for committee purposes

(a) Certain Australian, Australian/New Zealand, International and/or other Standards Australia documents that are necessary for the SA Application User’s involvement as a Committee Member in national or international standardisation are available for the SA Application User to download via SIM.

(b) These documents have been made available for use by the SA Application User in its capacity as a Committee Member only for standard development activities conducted or facilitated by Standards Australia, including the preparation and maintenance of Australian and Australian/New Zealand standards or technical documents or for involvement in international standardisation (as the case may be), and must not be copied or distributed in any way or used for any other purpose.

17.4 Nominating Organisations

(a) Through Connect, an Account User acting on behalf of a Nominating Organisation may access certain information relating to individuals that it has nominated to participate in Standards Australia’s technical committees, solely for the purpose of enabling the Nominating Organisation to review the participation of its nominees in Standards Australia’s technical committees and must not be used or distributed for any other purpose by the Nominating Organisation, its employees or its agents without the prior written consent of the individual to whom that information relates.

(b) Through Connect, the Account User acting on behalf of the Nominating Organisation may also be permitted to access certain documents that have been prepared by or for the use of particular technical committees, solely for the purpose of enabling the Nominating Organisation to review the participation of its nominees in Standards Australia’s technical committees. Such information must not be used or distributed by the Nominating Organisation, its employees or its agents for any other purpose without Standards Australia’s prior written consent.

(c) The Account User acting on behalf of the Nominating Organisation may access certain defined areas within Connect on a ‘read-only’ basis.

(d) The Nominating Organisation, its employees and its agents may not upload any information to Connect and must not attempt to do so.

17.5 SA Academy

(a) The SA Academy is a cloud-based platform access which may be provided to the SA Application User in its capacity as a Committee Member through Learning Seat, a third-party service provider.

(b) Personal information (such as name, email address and other contact details) that the SA Application User submits when accessing the SSO will be provided to Learning Seat for the purposes of maintaining the SA Academy account and facilitating access to the SA Academy.

(c) Learning Seat collects information such as IP addresses, connection speed and internet service provider domain name. This information is typically anonymized but in some circumstances could be linked to an individual. This information may be collected through various means, including Cookies, IP address and Web beacons.

(d) The SA Application User agrees that in using the SA Academy, Learning Seat (and its affiliates) may collect, use and disclose personal information of the SA Application User in accordance with its Privacy Policy at www.litmos.com/privacy-policy. For any questions about Learning Seat’s collection of information, please contact us at academy@standards.org.au or Learning Seat at support@learningseat.com.

(e) The training materials available through the SA Academy are for information purposes only and Standards Australia makes no guarantee as to the quality, accuracy, currency or reliability of such materials. The SA Application User agrees that Standards Australia is not responsible for content or information available through the SA Academy, or for any damages as a result of the SA Application User’s use or reliance on it. The SA Application User also agrees not to copy, reproduce, modify or vary any training content available via the SA Academy.

18 Terminating access to SA Applications

18.1 Key term summary: This clause sets out circumstances where Standards Australia may terminate or disable an SA Application User’s Account access to any SA Applications, or any licence granted to the SA Application User. In particular, Standards Australia may terminate or disable an SA Application User’s Account access to any SA Applications, or any licence granted to the SA Application User if, the SA Application User has breached this Agreement or at any time with 30 days notice, including if the SA Application User is no longer an active user. The SA Application User may terminate or request disablement of access to SA Applications if, Standards Australia has breached this Agreement or at any time with 30 days written notice, to Standards Australia. Upon termination or disabled access to an SA Application User’s Account, the SA Applications User will no longer have access to any SA Applications or User data and must remove, destroy or delete all printed, saved or downloaded electronic copies of any documents accessed through SA Applications.

18.2 Standards Australia may terminate or disable an SA Application User’s Account access to any SA Applications, or any licence granted to the SA Application User:

(a) immediately if the SA Application User has breached this Agreement and fails to rectify the breach within 14 days of written notice from Standards Australia requiring the breach to be rectified or if the breach is incapable of being rectified;

(b) at any time with 30 days notice, including if the SA Application User is no longer an active user.

18.3 The SA Application User may terminate or request disablement of access to SA Applications:

(a) immediately if Standards Australia has breached this Agreement and fails to rectify the breach within 14 days of written notice from the SA Application User requiring the breach to be rectified or if the breach is incapable of being rectified;

(b) at any time with 30 days written notice, to Standards Australia.

18.4 Termination of this Agreement will not automatically terminate SA Application User’s agreement with Standards Australia under other agreements including the Committee Member Deed or Committee Member Agreement.

18.5 Upon termination or disabled access to an SA Application User’s Account the SA Applications User:

(a) will no longer have access to SA Applications;

(b) will no longer have access to any SA Applications User data, including notes, comments, made by SA Applications User;

(d) Must remove, destroy or delete all printed, saved or downloaded electronic copies of any documents accessed through SA Applications by SA Applications User and, upon request by Standards Australia, provide an undertaking to Standards Australia that they have done so.

19. Disclaimer

Key term summary: This clause sets out important terms that may limit Standards Australia’s liability under this Agreement. Except as required of Standards Australia under the consumer guarantees in the Australian Consumer Law:
• SA Applications are provided “as is” and “as available”. Standards Australia disclaims all all conditions and warranties, guarantees, rights and remedies, liabilities. The entire risk arising out of SA Application User’s use of the SA Applications remains solely with the SA Application User.
• Standards Australia excludes liability for indirect, incidental, special, exemplary, punitive or consequential damages, liability arising out of the SA Application User’s use of or reliance on the SA Applications or inability to access or use the SA Applications, delay or failure in performance resulting from causes beyond Standards Australia’s reasonable control.

19.1 Except as required of Standards Australia under the consumer guarantees in the Australian Consumer Law :

(a) SA Applications are provided “as is” and “as available". Standards Australia disclaims all conditions and warranties, guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law that may relate to any SA Application, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the SA Application or that the SA Application will be uninterrupted or error-free. The SA Application User agrees that the entire risk arising out of its use of the SA Application remains solely with the SA Application User, to the maximum extent permitted under applicable law, including the Australian Consumer Law;

(b) Standards Australia does not guarantee that access to any SA Application will be uninterrupted or that any SA Application is free from viruses or other issues that may harm a computer (including its data) that accesses the SA Application;

(c) Standards Australia shall not be liable for any damages, liability or losses arising out of SA Application User’s use of or reliance on the SA Application or inability to access or use the SA Application, even if Standards Australia has been advised of the possibility of such damages;

(d) Standards Australia shall not be liable for indirect, special, incidental, exemplary, punitive or consequential damages, including loss of revenue or profits, lost data, loss of value of equipment, death, personal injury or property damage related to, or otherwise arising in any way out of or in connection with the SA Application User’s use of any SA Application; and

(e) Standards Australia shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control.

19.2 SA Applications may contain links to third party sites, which are provided solely for the convenience of the SA Application User and do not constitute an endorsement by Standards Australia of any company, person, material, information, products, or services provided at or via those sites. The SA Application User agrees that the use of these sites will be governed by the applicable third party’s terms and conditions (including without limitation those relating to confidentiality, data privacy and security). The SA Application User acknowledges and agrees that access to or use of these sites is at their own risk.

Section 5 – General

20. Privacy and Security

Key term summary: This clause sets out an important term regarding Standards Australia’s use of data about Account Users. Account Users should note that, by agreeing to Standards Australia’s Privacy Policy, data about SA Application Users, Customers (and Authorised Users), or data provided by SA Application Users, Customers (and Authorised Users), may be provided to third parties in a form that may enable the third-party to identify those individuals.

20.1 By placing an order, registering for an Account, using a SA Application or otherwise contacting Standards Australia, an Account User agrees and acknowledges that the personal information of the Account User will be collected and used in accordance with Standards Australia’s Privacy Policy, which may be updated by Standards Australia from time to time.

20.2 The Customer and any Authorised User agree and acknowledge that:

(a) Standards Australia may collect personal information of the Authorised User from the Customer, from the Authorised User directly, and from the use of the Service by the Customer or Authorised User;

(b) Standards Australia may provide the Authorised User’s personal information to the Customer; and

(c) The Customer must obtain any consent from, and make all disclosures which are required to its Authorised Users, to disclose to Standards Australia and for Standards Australia to handle its Authorised User’s personal information, including name, email addresses, phone numbers, and other information, in accordance with Standards Australia’s Privacy Policy.

20.3 Standards Australia may remotely monitor an Account Users use of the SA Applications, Products and Service to verify compliance with this Agreement. The Account User acknowledges that in order to do so, Standards Australia will need to access relevant information, and the Account User consents to collection of such information, and acknowledges that any personal information collected or accessed by Standards Australia as a result will be dealt with in accordance with Standards Australia’s Privacy Policy.

21 Suspension

Key term summary: This clause sets out circumstances when Standards Australia may suspend the Account User’s access to an Account, SA Application, Product, Service or Content.

21.1 Suspension

(a) The Account User and Customer acknowledges that the Account, SA Application, Product, Service or Content may be unavailable from time to time, and occasional disruptions and outages may occur, including system failure or other events beyond the reasonable control of Standards Australia such as outages and disruptions caused by third parties.

(b) Standards Australia will use reasonable efforts to fix faults and disruptions in a timely manner.

(c) Standards Australia may suspend access to an Account, SA Application, Product, Service or Content to perform scheduled maintenance, fix any faults, defects or other irregularities in the Account, SA Application, Product, Service or Content and will, subject to clause 21.1(d) use its reasonable efforts to give the Account User (if applicable) advance notice of such suspension. Where reasonably practicable, Standards Australia will schedule maintenance in a way to minimise disruption to the Account User.

(d) Standards Australia may need to temporarily suspend access to an Account, SA Application, Product, Service or Content without providing advance notice to the Account User, in order to perform emergency maintenance or where reasonably necessary to protect Standard Australia's legitimate interests.

(e) If the Customer has experienced a significant disruption to their Curated Subscription Service due to Standards Australia suspending access for an event that is within Standards Australia's reasonable control, in accordance with clause (c) and / or (d) above, the Customer is entitled to claim a pro-rata refund of pre-paid Fees, based on the number of days the Service was unavailable.

(f) If the Account User breaches any term set out in this Agreement, or fails to make a payment when due, Standards Australia may suspend the Account User’s access to the SA Application, Product or Service or disable the use of a feature of the SA Application, Product or Service until, the relevant breach is remedied.

22 Survival

The following sections of this Agreement will survive any termination or expiration of this Agreement: Clause 4 (Licence), Clause 11 (Limitation of Liability), Clause 16 (Intellectual Property), Clause 19 (Disclaimer) Clause 20 (Privacy and Security), and Clause 21 (Suspension).

23 Contract Variation

23.1 Standards Australia may vary these Terms and Conditions at any time. Standards Australia will give the Account User reasonable advance notice of the variation.

23.2 In the event of a material change to these Terms and Conditions that detrimentally affects the SA Application User’s or Customer’s interests under this Agreement, the SA Application User or Customer may terminate this Agreement if it does not agree to the variation within 14 days of the variation becoming effective. Standards Australia will refund Curated Subscription Service Customers on a pro-rata basis any Fees prepaid for any remaining unused Subscription Term calculated at the date of variation. The Customer must notify its Authorised Users of this termination.

23.3 Subject to clause 23.2, the Account Users' continued access after the effective date of the variation constitutes the Account User’s consent to be bound by this Agreement as varied.

24 Feedback

24.1 Standards Australia may seek Feedback from the Account User about the Product, Service, Content, SA Applications or Standards Australia by contacting the Account Users via email, phone or through their Account and each provide consent to such contact. Account Users are not obligated to provide Feedback.

24.2 If the Account User provides any Feedback, each (as applicable) grant to Standards Australia a non-exclusive, worldwide, transferrable, sub-licensable, royalty-free, perpetual, and irrevocable licence to use, reproduce, modify, commercialise, distribute, communicate and incorporate into its services any Feedback.

25 No Assignment

Account Users may not assign, novate or subcontract this Agreement or any part of it without Standards Australia’s prior written consent.

26 Force Majeure

26.1 If a party to this Agreement is affected, or likely to be affected, by a Force Majeure Event that party must as soon as reasonably possible give the other party notice of that fact including:

(a) full particulars of the Force Majeure Event;

(b) an estimate of its likely duration;

(d) the steps taken to rectify it.

26.2 The obligations under this Agreement of the party giving the notice are suspended to the extent to which they are affected by the relevant Force Majeure Event as long as the Force Majeure Event continues.

27 Severability

If any part of the Agreement is determined to be unenforceable, that part will be modified to render it enforceable to the fullest extent possible and the remaining part of the Agreement will not be affected.

28 Governing Law

The laws of the State of New South Wales, Australia govern this Agreement and any agreement formed under them. The Customer and Standards Australia irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance or subject matter.

29 Contact Us

29.1 For questions regarding any SA Application, including content accessible through it, please Submit an Enquiry form.

29.2 For questions regarding the Standards Australia Store or Product, please contact our Standards Australia Store Customer Support team.

30 Definitions

Account means a registered account with Standards Australia for the purpose of this Agreement.

Account User means an SA Application User, Customer or Authorised user, who has created an Account pursuant to clause 1.

Agreement means these Terms and Conditions and any Order Document or Order Summary (as applicable).

Annual Billing Date means the date an order for a Curated Subscription Service was placed.

Authorised User means an individual natural person end user who holds an Account and is authorised by a Customer to access (including to view) or use the Products or Services that have been ordered by the Customer.

Business Day means any day other than a Saturday, Sunday or bank or public holiday in New South Wales.

Consumer means a ‘Consumer’ as defined in the Competition and Consumer Act 2010 (Cth).

Committee Member means a member of Standards Australia’s Technical committee, any sub-committee or working group associated with technical committees of Standards Australia.

Content means any material contained in a Product or accessible via a Service.

Customer means a person or organisation who orders Products or Services from Standards Australia or uses the Standards Australia Store.

Corporate Website means https://www.standards.org.au.

Custom Subscription Service means a named user subscription service offered by Standards Australia Store which is governed by a separate agreement.

Curated Subscription Service means a service that entitles the Customer and Authorised Users (if applicable) to access or use Products and Content during the Subscription Term and includes a Small Business Curated Subscription and the Mobile Only Curated Subscription but does not include the Custom Subscription Service.

Digital Products means the Product in a digital format (including Web Reader, Download to Print PDF, Web-Reader (PDF) or a combination of these formats) as varied by Standards Australia from time to time.

Fee means the amount payable by the Customer for a Product or Service.

Feedback means any feedback, suggestions, enhancement request, recommendation, corrections or comments about the Product, Service, Content, SA Application or of Standards Australia.

Force Majeure Event means any event that as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations (other than a payment obligation) under this Agreement and that is beyond the reasonable control of that party, including pandemic (including COVID-19), epidemic, forces of nature, an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by government, a failure of a supplier, public utility or computer disruption due to a virus or other malicious code or cyber-attack.

Gateway Provider has the meaning given in clause 7.10.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Initial Subscription Term means the period specified in the Order Summary for a Curated Subscription Service.

Intellectual Property Rights means all present and future rights conferred by statute, at common law or in equity and wherever existing, including:

(a) copyright, trade marks, brand names, domain names, product names, patents, designs, know how, inventions, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;

(b) any application or right to apply for registration of any of these rights;

(d) all renewals and extensions of these rights.

MBIE means the Ministry of Business, Innovation and Employment, which is responsible for standards development in New Zealand.

MFA means the multi-factorial authentication methods required by Standards Australia for users to access their Accounts.

Minimum Browser Requirements means the minimum requirements set out at https://store.standards.org.au/product-support.

Mobile App means a mobile app developed and distributed by Standards Australia, which enables Customers to access certain Content.

Mobile Only Curated Subscription means a Curated Subscription Service for mobile only access, which allows an individual Customer to access a Curated Subscription Set during the Subscription Term via a mobile reader app.

Network means any public, private or corporate network including intranets and document sharing platforms.

Non-Digital Products means physical printed publications.

Nominating Organisation means organisations which nominate Committee Members to Standards Australia’s technical committees for standards development purposes.

Order Document means, in respect of bespoke or customised Products or Services, a document that sets out the commercial and other terms of the Customer’s purchase of the Products and/or Services.

Order Summary means a summary of the Customer’s purchase of Products and/or Services ordered through the Standards Australia Store via the self-service checkout.

Payment Method means a valid and acceptable method of payment to the Gateway Provider.

Person or person includes any individual, corporation or other legally recognised entity.

Privacy Policy means Standards Australia’s Privacy Policy available at https://www.standards.org.au/privacy-policy.

Product means any item offered for sale by Standards Australia including Digital Products and Non-Digital Products.

Promotion Terms means the terms and conditions relevant to a particular promotion or advertising campaign as issued by or on behalf of Standards Australia

Protected PDF means a secured PDF file, with restrictions on download and use as set out in clause 4.2.2(d) and 4.2.3(e).

Renewed Subscription Term means a renewed Curated Subscription Service renewed for a further Subscription Term..

Shipping Fee means the fee for delivering a Non-Digital Product to the Customer’s designated shipping location, as displayed at checkout or contained in the Order Document (as applicable).

SA Application (or Standards Australia Application) means applications, websites, services, and products including those described in clauses 14.1 to 14.6 provided by Standards Australia for Standardisation Activities.

SA Application User means an Account User to who accesses and uses a SA Application (such as Committee Members).

Service means any service provided or offered by Standards Australia Store including a Curated Subscription Service but does not include the Custom Subscription Service.

Curated Subscription Set means a curated suite of Digital Products in a given subject area.

Small Business Curated Subscription means a Curated Subscription Service which allows the Customer and Authorised Users to access a Curated Subscription Set during the Subscription Term via web browser.

SSO means Single Sign On Portal Solution.

Standards Australia means Standards Australia Limited.

Standards Australia Store means the online store located at https://www.store.standards.org.au.

Standards Tracker Feature tracks amendments to, revisions or other changes to, a particular Product and prompts notifications from Standards Australia to the Customer (and Authorised User(s) if applicable) when there has been an amendment to, revision or changes to, that Product.

Standardisation Activities means processes or activities undertaken by, or in connection with, Standards Australia (and, as the case may be, jointly with Standards New Zealand) which are directly related or incidental to the development of Standards Australia’s publications.

Subscription Term means the Initial Subscription Term plus any Renewed Subscription Terms.

Version: 10 November 2023

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