Terms and Conditions

OVERVIEW

This website is owned and operated by The Association of Professional Builders. Throughout the site, the terms “we”, “us” and “our” refer to the Association of Professional Builders. The Association of Professional Builders offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The online merchant the Association of Professional Builders is located in Australia.

USE OF THIS SITE

The Association of Professional Builders reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

INTELLECTUAL PROPERTY

All intellectual property in relation to content on this Site belongs to the Association of Professional Builders or its affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything that interferes with or breaches those laws or the intellectual property rights in the content.

You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by the Association of Professional Builders. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.

The logos of the Site are trademarks of the Association of Professional Builders. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

LIABILITY and INDEMNITY

The Association of Professional Builders does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, APB Builders excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:

(a) The Association of Professional Builders does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at Association of Professional Builders’ sole discretion and without notice.

(b) The Association of Professional Builders will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph 6(d).

(c) The Association of Professional Builders does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that the Association of Professional Builders or the server that makes it available, are free of viruses or bugs.

(d) Liability of the Association of Professional Builders, for any breach of a term or condition implied by law is limited at the Association of Professional Builders’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

(e) You indemnify the Association of Professional Builders and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs, which arises from your use of the Site.

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the State of Queensland, Australia. In the event that a dispute arises from these Website Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

PRODUCT TERMS

By purchasing a product/service from the Association of Professional Builders (APB), you agree to the following terms and conditions.

1. MEMBERSHIP

1.1 Definitions

The following definitions apply to these terms and conditions unless the context requires otherwise:

Membership means being a member of the Association of Professional Builders. It is an annual subscription service that allows access to the APB Member benefits for 12 months.

Renewal means the date exactly 12 months from the date of purchase that your membership is set to renew.

30 Day Money Back Guarantee means the guarantee applied to a Membership purchase that allows the buyer to request a ‘no-questions-asked’ refund within 30 days of initial purchase. Refund requests after 30 days from purchase date do not fall under the 30 day money back guarantee.

Payment Plan means paying for APB’s Membership in seven installments over six months rather than in one lump sum payment. The payment plan is not a monthly subscription service.

1.2 APB’s Membership Terms

(a) APB’s Membership is an annual subscription service. By purchasing Membership you agree that your membership will be automatically renewed each year and your nominated credit card will be charged. Please note, you will be notified of your upcoming renewal.

(b) Should you wish to cancel your Membership with APB, you must notify APB in writing at least two (2) business before your renewal date.

1.3 Payment Plan Terms

(a) If Membership is purchased on a payment plan, you agree to pay each installment in full at the time it is due each month. Membership on a payment plan is NOT a monthly subscription, but rather an annual subscription broken down into seven payments over 6 months.

(b) Membership purchased on a payment plan will be subject to automatic renewal 12 months from the purchase date at the upfront pricing plan. You are able to renew your membership year on year using the payment plan option, just let the APB team know at least 7 days before your renewal date so we can process the change of subscription plan.

(c) Membership purchased on a payment plan that is not paid in full as due will be cancelled with access terminated immediately. Payment plans are not pro rata and require full payment for access to Membership.

1.4 Money Back Guarantee Terms

(a) APB Membership money back guarantee applies to all initial purchases on APB Membership.

(b) The money back guarantee does not apply to renewals or any other product by APB.

(c) If you wish to invoke the money back guarantee you must notify APB in writing within 30 days of purchase and a refund will be processed1.

(d) Request to invoke the money-back guarantee that is received in writing after 30 days of the date of initial purchase will not be refunded.

(e) The money back guarantee does not apply to purchases made at live events and exhibitions.

2. BUSINESS PLANNING WORKSHOP

2.1 Definitions

The following definitions apply to these terms and conditions unless the context requires otherwise:

Business Planning Workshop means the five hour planning workshop purchased from APB.

Reschedule means requesting to change the date of the booked Business Planning Workshop at least 48 hours but no more than seven days prior to the booked Business Planning Workshop.

No-show means any of the following:

(a) Cancelling or requesting a date change less than 48 hours before the booked Business Planning Workshop.

(b) Failing to attend the booked Business Planning Workshop without prior notification.

Satisfaction Guarantee means the guarantee applied to a Business Planning Workshop purchase that allows the buyer to request a refund should they not be satisfied with the Business Planning Workshop.

2.2 Reschedule & No-show Terms

(a) If you cannot attend your Business Planning Workshop you are entitled to two reschedules after the original date is booked, under the below terms:


    i. You must notify APB in writing no less than 48 hours before the scheduled Business Planning Workshop.


    ii. If you request a date change to your Business Planning Workshop more than seven days before the scheduled date, you have given sufficient notice for the team and it will not count toward your two available reschedules.

(b) Failure to attend a booked Business Planning Workshop without prior notification in accordance with term (a) will result in a no-show.

(c) Two no-shows will result in the payment for the Business Planning Workshop to be forfeited.

(d) Failing to attend the booked Business Planning Workshop after two reschedules will result in the payment for the Business Planning Workshop being forfeited.

(e) Business Planning Workshops that are not scheduled within 12 months of purchase will expire meaning you forfeit the amount paid and will be required to repurchase should you wish to attend a Business Planning Workshop.

2.3 Satisfaction Guarantee Terms

(a) The satisfaction guarantee applies to all Business Planning Workshop purchases.

(b) The satisfaction guarantee is not a change-of-mind policy. Attendance of the Business Planning Workshop is required in order to invoke the satisfaction guarantee.

(c) If you wish to invoke the satisfaction guarantee because you are not satisfied with the Business Planning Workshop, let the Executive Business Coach facilitating the workshop know before the end of the Zoom session for a full refund.1

(d) Satisfaction guarantee claims must be requested at the end of the Zoom session. Requests after the Business Planning Workshop is completed will not be refunded.

1Refunds: Membership and Business Planning Workshops are charged in USD and all charges and refunds are processed with the exchange rate at that time. If your currency is not USD please be aware that a refund from the money-back guarantee or satisfaction guarantee may not reflect exactly what was originally charged if exchange rates have changed since the date of purchase.

3. RETREAT

3.1 Payment Terms

(a) Payment for the retreat must be made in full prior to 31 March to secure your seat at the event.

(b) Retreat bookings with outstanding balances after 31 March will be forfeited.


(c) All APB Annual retreat payments are subject to GST for Australian companies.

3.2 Refund Policy

(a) The USD$1,000 deposit is non-refundable.

(b) Full refunds are available only should there be government regulations/restrictions in place at the time of the event that prevents you from travelling to and/or attending the event.

(c) Partial refunds for the APB Annual Retreat vary depending on the time of cancellation as outlined below:

  • If you cancel within 0 to 7 business days prior to the event, 100% of your payment is forfeited.
  • If you cancel within 8 to 60 days prior to the event, 90% of your payment is forfeited.
  • If you cancel within 61 to 180 days prior to the event, 80% of your payment is forfeited.
  • If you cancel within 181 to 365 days prior to the event, 50% of your payment is forfeited.

(d) Refund requests outside of these terms are subject to APB being able to onsell your spot at the retreat to another builder.

3.3 Wait List Terms

(a) To join the APB Annual Retreat official wait list you will be required pay a refundable deposit of USD$1,000.


(b) If a room at the event becomes available you will be offered the opportunity to join the retreat by paying the remaining balance (USD$8,997) within seven days. If you decline the opportunity your deposit will be refunded in full in USD. (Please note: For builders in Australia, New Zealand and Canada you may receive less than your original deposit due to currency fluctuations.)


(c) If no rooms become available before 31st May 2024 your deposit will automatically be refunded to you.

4. PROFESSIONAL BUILDERS SUMMIT

4.1 Payment Terms

(a) Payment for the Professional Builders Summit must be made in full upon purchase.

(b) All Summit payments are subject to GST.

4.2 Refund Policy

(a) Full refunds are available only should there be government regulations/restrictions in place at the time of the event that prevents you from travelling to and/or attending the event.

(b) Partial refunds for the Professional Builders Summit vary depending on the time of request as outlined below:

  • If you cancel within 0 to 7 business days prior to the event, 100% of your payment is forfeited.
  • If you cancel within 8 to 60 days prior to the event, 90% of your payment is forfeited.
  • If you cancel within 61 to 180 days prior to the event, 80% of your payment is forfeited.
  • If you cancel within 181 to 365 days prior to the event, 50% of your payment is forfeited.

(d) Refund requests outside of these terms are subject to APB being able to onsell your spot at the Professional Builders Summit to another builder.

5. APB REWARDS TERMS

5.1 Definitions

The following definitions apply to these terms and conditions unless the context requires otherwise:

APB Rewards means the agreements specified in the APB Rewards Preferred Partner Directory.

Reward Payment means the amount payable to you from being eligible for an APB Reward.

Preferred Partner means a company that an APB Rewards agreement has been made with as outlined in the APB Rewards Preferred Partner Directory.

5.2 Eligibility

To be eligible to receive APB Reward Payments each quarter you must:

(a) Be a current member of the Association of Professional Builders in good standing.

(b) Submit your building company’s details to the Preferred Partner via the APB Rewards Directory.

(c) Engage the Preferred Partner as a new client or customer (unless otherwise specified) after submitting your enquiry via the APB Rewards Directory.

If you do not submit your enquiry through the APB Rewards Directory before engaging the Preferred Partner you will not be eligible to receive Reward Payments.

(d) Activate a paid product or service relationship with the Preferred Partner within 365 days of registering your interest via the APB Rewards Directory.

5.3 Reward Payments

(a) Upon completion of your enquiry to the Preferred Partner via the APB Rewards Directory, you will be prompted to provide your bank account details to APB in order to receive your Reward Payment.

(b) Rewards Payments will only be made to eligible members (see 4.2 Eligibility) four times per calendar year following the end of a quarter into your nominated bank account.

(c) Rewards Payments are based on monies received in full by APB from the Preferred Partner as per the revenue report submitted by the same Preferred Partner.

(d) The Reward Payment varies for each Reward, refer to the APB Rewards Preferred Partner Directory for Reward percentages.

(e) If you have not nominated any bank details when Reward Payments are due, Reward Payments are held by APB until bank details are provided.

(f) Outstanding unpaid rewards will expire If a bank account is not nominated by a member within one calendar year of a Rewards Payment being received from a Rewards Partner.

(g) Outstanding unsettled reward payments are forfeited upon cancellation of membership.

6. ALL OTHER OFFERS

From time to time the Association of Professional Builders may sell additional products or services not specifically listed above. In those cases, the following terms and conditions apply.

6.1 Finality of Purchases

(a) All purchases are considered final.

(b) No reimbursement can be provided under any circumstances once a purchase is complete.

6.2 Non-Transferrable

(a) Purchases cannot be transferred to other products or services.

6.3 Validity Period

(a) Each offer may have a specified validity period. It is the responsibility of the buyer to utilise the offer within the designated time frame.

These terms and conditions are subject to change without prior notice. Any modifications will be effective immediately upon posting.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at the Association of Professional Builders here.