Terms and Conditions

Membership Terms & Conditions

Background

1. The National Electrical Contractors Association, trading as National Electrical and Communications Association Victorian Branch, ABN 38 881 083 819 (NECA) is the peak body for electrical contractors and communications contractors in the electrotechnology industry (“the industry”) in Victoria.
2. NECA provides Members with key services including, but not limited to, technical advice, Industrial Relations representation, Workplace Relations and Human Capital management advice, Health & Safety advice, legal and advocacy on behalf of Members and the industry.
3. The Member is the person or business or company entering into this Agreement with NECA.
4. Following your application for admission for membership in accordance with the Rules, NECA has agreed to admit you to membership on the terms and conditions of this Agreement.

Definitions

Relevantly, “Member” is defined pursuant to NECA’s Rules as follows:

1. Employer member: An employer or person other than an employee, engaged in the business of selling and installing electrical products; and
2. Associate member: Any person who carries on a bona fide business actively engaged in connection with the industry. Associate members are not entitled to hold office in the NECA Victorian Branch or to vote, nominate candidates for any office, or hold office in the NECA Victorian Branch.

The terms “Member” and “You” are interchangeable and have the same meaning for the purposes of this Agreement.

Following your application for admission for membership in accordance with the Rules, NECA has agreed to admit you to membership on the terms and conditions of this Agreement.

Membership Subscription Fee

Employer Members

1. Your annual subscription fee is determined by reference to the appropriate category as set out at asn.au/subscription-rates which aligns with the number of employees you have identified and communicated to us.
2. The schedule of categories and subscription fees may be altered at any time at NECA’s sole discretion.
3. You agree to an automatic rollover of the your membership from year to year unless you choose to opt out by notifying us in writing no later than 10.00am (AEST) on the final day of your current membership subscription period.

Associate Members

1. The services provided to Associate members and subscription fees payable by Associate members are determined by the Branch Council.
2. Associate Members will remain as members from year to year, provided that they remain eligible for membership and have paid all fees due and payable for their class of Associate Membership (if any)
3. The Branch Council has elected to waive Associate Member fees for apprentices who are admitted to the membership, but may vary this decision from time to time in its sole discretion.

Subscription Fee Payment

1. You have the option of paying an upfront annual membership subscription fee, or you may elect to pay by monthly or quarterly instalments for the 12- month subscription period (billing period).
2. When paying by direct debit, you provide consent so that we can debit the amount that you owe us for the billing period, directly from a bank account or credit card (a surcharge may apply) nominated by you.
3. We will set up the direct debit from your nominated bank account once you have set up a direct debit arrangement and agree to the terms of the Direct Debit Authority.
4. The due date for the direct debit payment is stated on the invoice (due date).
5. On the due date, we will debit your nominated account for the amount due.
6. If the due date falls due on a day, which is not a business day in Victoria, the debit will occur on the next business day.
7. Where a monthly direct debit instalment arrangement has been selected, the annual fee will be taken to have been incurred on the date of renewal, but you will be permitted to make payment of the annual membership subscription fee in twelve equal monthly instalments over the subsequent 12 month period.
8. Where a quarterly direct debit instalment arrangement has been selected, the annual fee will be taken to have been incurred on the date of renewal, but you will be permitted to make payment of the annual subscription fee in four equal quarterly instalments over the subsequent 12 month period.
9. Any pricing changes made by NECA from time to time, will automatically apply from the date communicated.

Default in Payments

1. If an account remains outstanding at any time after the due date, or if the Direct Debit fails or is dishonoured by your financial institution, you have 7 days from the due date to remedy the non-payment.
2. Failure to remedy the non-payment within time, will result in NECA, at its discretion and without further notice, suspending or cancelling your NECA membership and any associated services, including but not limited to, NECA’s Fuel Card Scheme and any applicable subscription-based services.
3. You will be in default, if the direct debit payment fails or is dishonoured by your banking institution.
4. If you are in default, you will be liable to NECA for the following:
   1. Immediate payment of the unpaid amount of the full subscription, which shall be automatically debited from your nominated account;
   2. Any new amount in respect of purchases and/or fees incurred by you (whether to NECA or any related or associated entities) after the due date;
   3. All dishonour fees associated with the failed or dishonoured direct debit;
   4. All legal costs (on an indemnity basis); and
   5. Administrative costs incurred by NECA in attempting to enforce payment.

Member Obligations

1. You agree to notify NECA when your bank account details being direct debited are varied. Any variations to your account details will require you to update banking or credit card details in the Member Portal.
2. You undertake to ensure that all mandatory information in your Member Portal remains up-to-date at all times.
3. You agree to notify NECA when the your business is sold, or where there is a change of ownership or name. To ensure continuity of the service, the new/current proprietors, partners or directors of the business are required to update details in the Member Portal.
4. You acknowledge and agree that any amendments and variations required to be made in your Member Portal relating to your business details, including but not limited to your banking details, is your sole responsibility and NECA will not be liable for any costs, losses and/or damages incurred by you for failing to update these details.

Cancellations                                                             

1. To cancel your direct debit instalment arrangements with NECA, you must arrange a suitable alternative payment method and pay the balance of any outstanding instalment fees, before we will cancel your direct debit instalment arrangements.
2. To cancel your annual membership, you are required to notify NECA in writing. If you are paying by monthly or quarterly direct debit instalments and cancel before the end of the 12 month membership subscription period, you must pay us all of the remaining instalments and all other amounts that you owe us at the time of cancellation.
3. To the extent permitted by law, payments are non-refundable.
4. NECA does not provide refunds or credits for any partial subscription periods or ancillary charges incurred.
5. Upon cancellation, all of your membership benefits will be cancelled.
6. Upon cancellation, you cannot use any NECA stationery and associated branded collateral.
7. For the avoidance of doubt, you must remove all NECA logos, devices and registered insignia from vehicles, shop windows or other places owned or controlled by you, that could give a misleading impression to others that you are still a member of NECA.

Variations

1. NECA reserves the right to vary these terms and conditions at any time, without providing you notice and without obtaining your consent.

Direct Debit Service Providers

1. NECA, in its sole discretion, reserves the right to change its direct debit service provider which administers NECA’s direct debit systems, without providing you notice and without obtaining your consent.
2. You agree to sign all relevant documents to give effect to these provisions.
3. You further agree to the terms and conditions of NECA’s nominated Direct Debit Service Provider.

Limitation of Liability

1. NECA will not, under any circumstances, be liable, whether directly or indirectly, for:
   1. Any products supplied by any of NECA’s related or associated entities or other supplier of products who have provided such products to you; or
   2. Any services provided by any of NECA’s related or associated entities or other supplier of services who have provided such services to you.
2. To the extent that these terms and conditions excludes, modifies or restricts any right or remedy imposed by legislation which cannot be lawfully excluded or limited, NECA limits itself to the replacement of any product and/or service provided, or the cost thereof.
3. To the maximum extent permitted by law, NECA is not liable for any indirect, consequential, incidental or punitive damages or loss of profits or revenue – irrespective of the manner in which it occurs – which may be suffered due to your use of any product or service and/or the information or materials provided, or as a result of the inaccessibility of any product or service and/or the fact that certain information or materials are incorrect, incomplete, or not up-to-date.
4. You acknowledge that for the purposes of this Agreement, NECA is not acting as a supplier of any product or services purchased by you when contracting with any of NECA’s service providers or suppliers.

Termination

NECA may terminate this Agreement immediately without prior notice if you:

1. Are in default pursuant to clause 4;
2. Disparage NECA, or in the reasonable opinion of NECA, causes genuine distress to any of NECA’s employees, agents, sponsors or generally bring the name of NECA or the industry into disrepute; or
3. Go into liquidation, receivership, administration, bankruptcy, enter an arrangement or compromise with creditors or have any form of insolvency administrator appointed.

Severance

 Any provision in this Agreement that is void, illegal or unenforceable will be ineffective to the extent only of such voidness, illegality or unenforceability and the other provisions of this Agreement will continue in effect.

Privacy

1. In accordance with the Privacy Act 1988 (Cth), NECA will provide and export personal information about you to third parties and Members of NECA, including NECA’s related entities and NECA’s sponsors, for the purpose of:
   1. providing access to and use of the products and services to you;
   2.  providing to you customer support, billing and other similar activities related to the products and services provided by NECA, or its associated and related entities, service providers and Sponsors;
   3. keeping you and your employees informed about products, services, offers and upcoming events provided by NECA, or its associated and related entities, service providers and Sponsors; and
   4. to improve NECA’s products and services.

• NECA may also provide your personal information to third parties for the purpose of providing you with direct marketing offers which NECA may think may be of interest to you.
• If you do not wish to receive information about other products and services, offers and events, please notify our Administrator in writing to, sent to [email protected].

Jurisdiction

 These terms and conditions shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria and the parties consent to such jurisdiction.

HSEQ Subscription Terms & Conditions

Background

1. The National Electrical Contractors Association, trading as National Electrical and Communications Association Victoria Chapter ABN 38 881 083819 (NECA) is the peak body that represents the best interests of electrical contractors and communications contractors in the electrotechnology industry (the industry) in Victoria.
2. NECA is the owner of the Victorian version of NECA HSEQ Management System (HSEQ System) which has been specifically designed to serve the industry, with the aim of improving the health, safety and environmental quality for contractors in the industry.
3. The Subscriber is a contractor in the industry and a member of NECA (the Subscriber).
4. NECA has agreed to provide the HSEQ System to the Subscriber, on the terms and conditions of this Agreement.

Definitions and Interpretations

In this Agreement the following terms shall, unless the context otherwise requires, have the following meanings:

1. Agreement means these Terms and Conditions which the member accepts and any document that varies or supplements it.
2. Agent means the company with which NECA has made a formal agreement for the collection of payments for its products and services.
3. Authorised Use means the use of the HSEQ System by those authorised for internal training, management and safety compliance purposes only.
4. Commencement Date means the date when a company profile is activated on the NECA Online HSEQ System.

Confidential Information means any information:

1. relating to the business of NECA in the provision of the HSEQ System;
2. belonging to NECA which is designated as being confidential; or
3. belonging to NECA which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential, which is disclosed by NECA, directly or indirectly, or otherwise comes to the knowledge of that party in relation to or in connection with this Agreement, whether that information is in oral, visual or written form or is recorded or embodied in any other medium.

Authorised users are HSEQ members of NECA as authorised by NECA.

Customisation means the introduction of additional HSEQ functionality.

Deliverables means all things, materials, documents, information and items in connection with this Agreement.

Documentation means the help files, sales presentations, marketing materials and user guides associated with the software.

Fees means the service and licence fees set out in the Member Portal.

Force Majeure Event means an unforeseeable event or circumstance beyond the reasonable control of a party, including but not limited to acts of war, terrorism, natural disasters, embargo, riot, pandemic, sabotage or dispute, governmental act, utility failure, telecommunication breakdown or interruptions and power failures.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any other similar tax.

HSEQ System means NECA Victoria’s health and safety system the Subscriber chooses to subscribe which includes the HSEQ Safety Management System and associated safety documentation in downloadable hard copy and digital format.  

Initial Fee means an up-front, fee to set-up the HSEQ System.

Intellectual Property means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, look and feel, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields.

Personal information means the information or an opinion (including information forming part of a database) and whether recorded in material form or not, about an individual whose identity is apparent, or can be reasonably obtained from the information.

Platform means the software that runs the third-party service provider’s system and includes website interface and, where applicable, App and includes any further websites, platforms or Apps developed after the date of this Agreement.

Services means the services we agree to provide to you as identified in the Member Portal and set out in this Agreement.

Subscription means access to the HSEQ System as identified in the Member Portal.

Subscribership Fee means the annual fee for access to the HSEQ System, as identified in the Member Portal.

Unauthorised Use shall mean any and all of the following activities:

1. any use of the HSEQ System by anyone other than an authorised user;
2. any commercial use of the whole HSEQ System or in part, by a Subscriber and/or any unauthorised user.

Use includes, install, run, copy distribute, support maintain and anything reasonably incidental to such activities.

The words “subscriber” and “you” are interchangeable and have the same meaning for the purposes of this Agreement.

The words “NECA” and “us” are interchangeable and have the same meaning for the purposes of this Agreement.

Period of Subscription

The subscription year is for a period of 12 months commencing on the date of joining (the billing period). You agree to an automatic rollover of your subscription from year to year unless you choose to opt out by notifying us in writing no later than 10:00am (AEST) on the final day of your current subscription period. 

Fees & Payments

1. You must pay us the Initial Fee to set up the HSEQ system, which includes an initial consultation from NECA and is identified in the Member Portal.
2. You must also pay us the Subscription Fee identified in the Member Portal. You have the option of paying the annual Subscription Fee and the Initial Fee upfront, or you may elect to pay by instalments for the 12-month billing period.
3. When paying by direct debit, you provide consent so that we or our agent, can debit the amount that you owe for the billing period, directly from a bank account or credit card (a surcharge may apply) nominated by you.
4. We will set up the direct debit from your nominated bank account once you have set up a direct debit arrangement with us, or our agent and you agree to the terms and conditions of the direct debit authority.
5. The due date for direct debit payments is stated on the invoice (due date).
6. On the due date, we or our agent, will debit your nominated account for the amount due.
7. If the due date falls on a day, which is not a business day in Victoria, the debt will occur on the next business day.
8. Where a direct debit instalment arrangement has been selected, the annual fee will be taken to have been incurred on the date of renewal, but you will be permitted to make payment of the annual Subscription Fee by instalments over the subsequent 12 month period.
9. Any pricing changes made by NECA from time to time, will automatically apply on renewal of the annual membership subscription.
10. Upon payment of the Subscription Fee, your subscription commences immediately.
11. You acknowledge and agree that if a subscription is cancelled or rescheduled for any reason, you shall not be relieved of any of your obligations under this Agreement.
12. You acknowledge and agree that if your subscription is cancelled or terminated, any future subscriptions to the HSEQ System will be treated as a new subscription and will therefore incur an additional Initial Fee, as identified in the Member Portal at that time.
13. If an account remains outstanding at any time after the due date, or if the direct debit fails or is dishonoured by your financial institution, you have 7 days from the due date to remedy the non-payment.
14. Failure to remedy the non-payment pursuant to clause (m), will result in suspension or cancellation pf your subscription at our discretion and without further notice.
15. You will be in default, if the direct debit payment fails or is dishonoured by your banking institution.
16. If you are in default, you will be liable to us for the following;
    1. Immediate payment of the unpaid amount of the full subscription, which shall be automatically debited from your nominated account;
    2. All dishonour fees associated with the failed or dishonoured direct debit;
    3. All legal costs on an indemnity basis; and
    4. Administrative costs incurred by us in attempting to enforce payment.

Variation

We reserve the right to vary these terms and conditions at any time, including changes to pricing.

Your obligations

1. The subscription shall be used by you for authorised use only and only for the purposes as set out in this Agreement.
2. You agree that you and authorised users are bound by and comply with the End User Licence Agreement including updates (EULA) associated with the software and the terms and conditions of the platform for web-based access (including updates).
3. You agree to notify us or our agent when the details of bank accounts being direct debited are varied. Any variations to account details will require you to update your banking or credit card details directly in the Member Portal. You acknowledge and agree that any amendments and variations required to be made in your Member Portal relating to your business details, including but not limited to your banking details, is your sole responsibility and we will not be liable for any costs, losses and/or damages incurred by you for failing to update these details.
4. You undertake to:
   1. Ensure that all mandatory information in the Member Portal always remains up to date. You must notify us when there is a change of business ownership or name, to ensure continuity of the subscription service, the new/current owners, partners or directors are required to update details in the Member Portal.
   2. Ensure that every employee that is to access the system has their own unique log in and access password.
   3. To keep all username and passwords secure and confidential and not to share the access details with anyone other than the person entitled to use them;
   4. To ensure appropriate procedures and policies are implemented to accurately identify employees using the software, so that forms are not invalidated or allocated to the wrong employee;
   5. To educate employees on the correct use of the software and monitor for appropriate usage;
   6. To ensure that a user’s username and password is de-activated within 7 days of their employment/engagement being terminated;
   7. To immediately notify us of any unauthorised use of passwords or other breach of security;
   8. To install updates of the software if we provide updates;
   9. Not to rent, lease, sell, transfer, redistribute, make available or sub-licence access to the platform or software to any third party;
   10. To only use the software for lawful purposes, in accordance with this Agreement and any directions given by us from time to time;
   11. Not to use the platform to send spam or other unsolicited messages;
   12. Not to access or attempt to access the administrative interface by any means other than the interface/s provided, unless we have entered into a separate agreement with you;
   13. Not to introduce viruses, malware or other damaging things or code into the software;
   14. Not to use the software in a manner that could damage, disable, overburden or impair the software or interfere with any party’s use and enjoyment of the software;
   15. Not to copy (except as expressly permitted by this licence) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works from materials, any updates, or any parts of the software, or the servers or networks.
   16. If you breach your responsibilities or other parts of this Agreement, we may terminate your access and you may be subject to payment of damages.

NECA’s Obligations

1. We grant the authorised user a non - exclusive, non-transferable licence to use the software, documentation and platform in exchange for the subscription fee.
2. We will use our best endeavours to provide the Subscriber with instructions on the use of the HSEQ System.
3. Services will be provided in accordance with this Agreement. If there is likely to be an adjustment to service delivery due to a force majeure event, or any other reason, we will notify you as soon as reasonably practicable.
4. Any additional work outside the scope of the services will be charged based on a fee for service quotation.

Cancellation

1. To cancel your direct debit instalment arrangements with us, you must arrange a suitable alternative payment method and pay the balance of any outstanding instalment fees, before we can cancel your direct debit instalment arrangements.
2. To cancel your annual subscription, you are required to notify us in writing. If you are paying by direct debit instalments and cancel before the end of the 12-month subscription period, you must pay us all of the remaining instalments at the time of cancellation.
3. To the extent permitted by law, payments are non-refundable.
4. To the extent permitted by law, we do not provide refunds or credits for any partial subscription period.

Direct Debit Service Provider

1. At our sole discretion we reserve the right to change our agent which administers our direct debit systems, without providing you notice and without obtaining your consent.
2. You agree to sign all relevant documents to give effect to these provisions.
3. You further agree to the terms and conditions of our agent, which can be provided upon request.

Intellectual Property

1. We grant you a non-exclusive, non-transferable, royalty free licence for the billing period to use the Intellectual Property strictly for the purposes of performance of this Agreement.
2. All intellectual property contained in the NECA Victoria HSEQ System is our property.
3. All intellectual property in the software, documentation and platform remains the property of our authorised service provider.
4. You must not use, communicate, copy, display, distribute, modify, translate, reformat, reproduce, incorporate into other works, promote, create derivative works, or in any way exploit or allow others to exploit any intellectual property, in whole or in part, except as expressly authorised by us.

Your Data

1. You grant us and our nominated service provider a non-transferable licence to use, copy, transmit and store your information and data for the purposes of enabling you access to and use of the platform.
2. While all care is taken to store your data, we will not be responsible or liable for the theft, deletion, correction, destruction, damage, loss or failure of any stored data.
3. All information or data uploaded is the sole responsibility of you or the person providing the data. We are not responsible for this content and will have no liability in respect of the quality of the data, or any third-party rights in respect of that data.
4. If this Agreement is terminated or expired, your stored data will be permanently deleted from the platform within 30 days of termination. We may grant you access to your stored data within 30 days of termination or expiration, where you request such access in writing, for you to migrate your data back to you or an alternative service provider. For clarity we are not obliged to provide you with any assistance in migrating or transferring such data.
5. Any data stored or processed through the platform is stored or processed in Australia.
6. Continuous access to the platform is dependent on our nominated service provider. As a result, the platform may be inaccessible from time to time. You will be promptly notified in this event.

Confidentiality

1. Neither party may disclose any Confidential Information of the other party without obtaining the prior written consent of the other party.
2. A party may disclose any Confidential Information:
   1. to its employees, officers and agents on a need to know basis provided that they comply with the obligations of this Agreement;
   2. if required to do so, to the extent that the disclosure is required by law; and
   3. to any legal advisers.

Warranties

1. We warrant that NECA Victoria has the full power, capacity and authority to enter into and perform its obligations under this Agreement.
2. You warrant to us that you have the full power, capacity and authority to enter into and perform the obligations under this Agreement.

Indemnity

You agree to indemnify and keep us indemnified against any liability, actions, claims, demands, damages, costs and expenses incurred or suffered by us in connection with or arising in any way out of the Agreement, including but not limited to any breach by you of the terms of this Agreement.

Liability

1. Your sole and exclusive remedy for our breach of any statutorily implied warranties, conditions or guarantees which cannot lawfully be excluded is, to the extent legally permitted by law, limited to, either providing those services again or paying the cost of providing those services again in respect of which the breach occurred.
2. To the maximum extent permitted by law, we exclude and will not be liable, whether directly or indirectly, for any products or services supplied by us or associated service providers who have provided such products and services to you.
3. To the maximum extent permitted by law, we are not liable to you for indirect, incidental, special, consequential or punitive loss or damages howsoever arising.

Termination

1. We may terminate this Agreement immediately without prior notice if you:
   1. Are in default pursuant to clauses above
   2. Go into liquidation, receivership, administration, bankruptcy, enter an arrangement or;
   3. Compromise with creditors or have any form of insolvency administrator appointed.
2. Without prejudice to any other rights it may have, either party may terminate this Agreement by notice in writing to the other party, if the other party is in breach of any of the terms of this Agreement and fails to remedy the breach within 7 days after the date on which written notice of the breach has been served on the other party.

Severance

Any provision in this Agreement that is void, illegal or unenforceable will be ineffective to the extent of such voidness, legality or unenforceability and the other provisions of this Agreement will continue to take effect

17. PRIVACY

1. In accordance with the Privacy Act 1988 (Cth) we will provide and export personal information about you to third parties and NECA members, including associated and related entities, service providers and sponsors for the purposes of:
   1. providing access to and use of the products and services to you;
   2. providing you with customer support, billing and other similar activities related to the products and services provided by us, or its associated and related entities, service providers and sponsors;
   3. Keeping your employees informed about products, services, offers and upcoming events provided by us or its associated and related entities, service providers and sponsors; and
   4. To improve our product and service offerings.
2. We may also provide personal information to third parties for the purpose of providing you with direct marketing offers which we may think may be of interest to you.
3. If you do not wish to receive information about other products and services, offers and events please notify the Member Experience team at [email protected]
   

Jurisdiction

These terms and conditions shall be governed by the laws of Victoria and are subject to the exclusive jurisdiction of the Courts of Victoria and the parties’ consent to such jurisdiction.

Website Terms & Conditions

These terms and conditions govern your use of the National Electrical and Communications Association (NECA) website. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website. Using the website implies that you accept these terms.

Site Access

 You will be able to access most of this website without having to register any details with us. Particular areas of this website will only be accessible to members that

Use of Website

1. You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
3. Subject to paragraph (a) above, no part of this website may be reproduced without our prior written permission or consent.  

Site Uptime

1. We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore, we will not be liable if this website is unavailable at any time.
2. This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so. 

Visitor Conduct

Any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes. 

Links to and from other websites

1. Any links to third party websites located on this website are provided for your convenience only and may not remain current or be maintained.  We have not reviewed each third party website and have no responsibility for such third party websites or their content.  Unless expressly stated otherwise, wWe do not endorse the third party websites, or make representations about them or any material contained in them and have no control over or rights in those linked websites.  If you choose to access a third party website linked to from this Website, it is at your own risk.
2. If you would like to link to this website, you may only do so once you have received formal approval, please email your request to [email protected]. If you are granted approval, it shall be on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:
   1. you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us in writing;
   2. you do not misrepresent your relationship with us or present any false information about us;
   3. you do not link from a website that is not owned by you; and
   4. your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law.

(c)     If you choose to link to our website in breach of Paragraph (b) you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Exclusion of liability

1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we (or any other party whether or not involved in producing, maintaining or delivering this website) be liable for any direct or indirect loss, damage or expense (including servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, whether in tort or contract or otherwise in connection with this website) – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to date.
2. Nothing in these terms shall exclude or limit ability for
   1. death or personal injury caused by negligence;
   2. Fraud;
   3. misrepresentation as to a fundamental matter; or
   4. any liability which cannot be excluded or limited under the law.

Onsite Training & Mentoring

By signing up to the LEI Onsite training and mentoring program, I understand and agree with the following terms and conditions.

National Electrical and Communications Association (NECA) will collect my Personal Information as that term is defined in section 6 of the Privacy Act 1988, including: Personal data, such as my name and Residential address.

NECA will collect and use my personal information for the purposes of administering and coordinating my participation in the program including training, assessing my performance, reporting and evaluating the program and delivering and directing external services that are of assistance.

NECA may disclose some or all of my personal information  to the following:

• Solar Victoria to enable the Technical Department to report on and evaluate the Program;
• Contractors or agents of any of the above organisation.

NECA and the Department may also disclose my personal information to another party without my consent where authorised or required by law but will not disclose my personal information to another party in any other circumstance.

I consent to the release of my personal information for the above purposes and being aware of the nature and content of the Personal Information and agree to the release of that document for the purposes of the provision of on-site training services to me and for no other purpose.

Technical Knowledge Base Terms of Use

This Technical Knowledge Base and its contents (TKB) are owned and operated by the National Electrical Contractors Association Victorian Chapter (ABN 38 881 083 819) (NECA VIC). By accessing or using the TKB, you agree to be bound by these terms and conditions of use (Terms of Use). You acknowledge that NECA VIC provides access to the TKB to you subject to these Terms of Use.

If you do not agree with or do not understand these Terms of Use, you should immediately exit the TKB and you should not use it. You cannot subscribe to any data service (Service) or access any documentation, material, data or other content (Content) available on the TKB until you are registered as a subscriber to the TKB.

Registration

1. Upon acceptance by NECA VIC of your registration of your NECA VIC membership, you will be issued with a unique login in order to use the TKB and access the Content. The login consists of an email address and a password. This will be separate to the username and password for your NECA VIC membership. NECA VIC may refuse to register any person as a TKB Subscriber without giving a reason for such refusal.

Privacy and your personal information

1. The personal information collected from you at the time you register as a TKB Subscriber, use any Service or access any Content (such as your name, email address and company name) will be stored in our database and used only to carry out your instructions. We will use our best endeavours to ensure that this information is not passed to a third party other than as required for us to operate the TKB and provide you with the Service and Content.
2. If we wish to use personal information collected from you in a manner different to the purpose for it was collected, then we will ask for your consent prior to such use.
3. You agree to comply with NECA VIC's privacy policy, guidelines and statements as may be applicable from time to time, which are incorporated into these Terms of Use. The privacy policy can be viewed here http://necavic.asn.au/privacy-policy.

Your passwords and account security

1. Access to the TKB is password protected. You must memorise your password or store your password in a safe and secure place.   You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the TKB.
2. Accordingly, you agree that you will be solely responsible to NECA VIC for all activities that occur under your login or other account details.
3. If you become aware of any unauthorised use of your password or of your account, you agree to notify NECA VIC immediately at [email protected].

Consideration

NECA VIC will provide you access to the TKB and its Content only if the relevant membership fees have been paid in full to NECA VIC and you agree to comply with these Terms of Use. NECA VIC reserves the right to charge a fee for access to the TKB or any of the Content (Access Fee) at any time and will give you fourteen days' prior notice if any Access Fee is introduced. If you do not agree to pay any Access Fee that may be introduced, you may terminate your subscription to the TKB by notice to [email protected]. If you fail to pay any Access Fee within 14 days of it being due, NECA VIC may immediately suspend or terminate your Subscription.

Content

1. You understand and agree that all Content accessed or used by or provided to you through TKB or any Service includes the intellectual property of NECA VIC or third parties from whom NECA VIC may license that Content.
2. You may not modify, rent, lease, loan, sell, distribute or create unoriginal works based on any of the Content (either in whole or in part) unless written approval has been provided by NECA VIC or by the owners of that Content, in a separate agreement.
3. You understand that by using the TKB you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the TKB, including obtaining and using any Services or Content, at your own risk.

Proprietary rights

1. You acknowledge and agree that NECA VIC owns, or is licensed to use, all legal rights, title and interest in and to the TKB, the Content and Services. You further acknowledge that the Content and Services may contain information which is designated by NECA VIC as, or is by its nature, confidential and that you shall not disclose such information without NECA VIC’s prior written consent.
2. Unless you have agreed otherwise in writing with NECA VIC, nothing in these Terms of Use gives you a right to use any of NECA VIC’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.
3. Unless you have been expressly authorised to do so in writing by NECA VIC, you agree that, in using the TKB, you will not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
4. You agree that, subject to your use of the TKB, the Content and Services in accordance with the limited licence granted to you, you will not infringe NECA VIC’s intellectual property in the TKB, the Content or Services and will not modify, copy, republish, frame, distribute or communicate any part of the TKB, the Content or Services, or any information contained in them, or otherwise use the TKB, the Content or Services in a way which will infringe NECA VIC’s or any third party's intellectual property or other rights.

Terminating your relationship with NECA VIC

1. These Terms of Use will continue to apply until terminated by either you or NECA VIC as set out in this clause.
2. If you want to terminate your legal agreement with NECA VIC, you may do so by notifying NECA VIC in writing at  [email protected].
3. NECA VIC may, at any time, terminate its legal agreement with you if:
   1. you have breached any provision of these Terms of Use or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of these Terms of Use; or
   2. NECA VIC is required to do so by law (for example, where the provision of the TKB, the Content or Services to you is, or becomes, unlawful).
4. If you breach any provision of these Terms of Use, NECA VIC may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the TKB.

Disclaimer

1. Except as provided by law, the TKB and the Content and Services are provided "as is" and without any guarantee, warranty or condition, express or implied.
2. NECA VIC does not guarantee or warrant that the information contained in or accessible through the TKB, or any Content or Service, is accurate, suitable for your purposes or without errors, omissions or viruses.
3. NECA VIC does not guarantee continuous, uninterrupted or secure access to the TKB or any Content or Service.
4. You acknowledge that access to and use of the TKB (including the software operating in connection with the TKB) may be interfered with by numerous factors outside of NECA VIC’s control.
5. NECA VIC does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the TKB or any Content or Service.
6. Subject to the provisions of the Competition and Consumer Act 2010 (Cth), NECA VIC makes no guarantees, representations or warranties in respect of the information and materials available on the TKB or in any Content or Service or the means of accessing that information and material (including the software operating in connection with the TKB).
7. NECA VIC makes no guarantee, warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than NECA VIC which are or may become linked or framed to or from the TKB.

Third Party Content and Websites

You acknowledge that the TKB may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. NECA Vic provides no warranty or representation or accepts any liability in respect of, any third party websites. NECA VIC has no control over third party websites and, accordingly, you access, use and/or rely upon the content of those websites at your own risk. NECA VIC expressly disclaims any liability whatsoever in respect of any loss, damage, costs or liability you may suffer through the access to or use of third party websites. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Limitation of Liability

1. You agree that NECA VIC is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms of Use, in tort (including negligence) or otherwise arising out of, or in connection, with: 
   1. the use of the TKB, Content or Services;
   2. the use by NECA VIC of information provided by you to NECA VIC through the TKB or any Content or Services;
   3. being unable to access the TKB for whatever reason and however arising, including (without limitation) negligence; and
   4. the use of your TKB password by you or any third party to whom you have made the password available.
2. NECA VIC expressly limits its liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at NECA VIC's sole discretion):
   1.  in the case of goods, any one or more of the following:
      1. the replacement of the goods or supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the costs of having the goods repaired; and
   2. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
3. You shall be responsible for and indemnify and keep indemnified NECA VIC and its directors, officers and employees from and against liability for all loss, including but not limited to direct loss, indirect loss, consequential loss, loss of profit, reputation or otherwise, damage or injury to persons or property caused wholly or in part by you or your employees, agents (including any loss, damage or injury which may be suffered by you or any of your employees, agents) arising directly or indirectly out of your access or use of the TKB, the Content or any Service.

Links

You must not establish links on any other website to the TKB or any other part or parts of the TKB without the prior written consent of NECA VIC.

Alteration

NECA VIC may change any of the Content on the TKB or the Content contained in any Service at any time.

Amendment of Terms of Use

NECA VIC is entitled, at its sole discretion, to amend, add or remove any part of these Terms of Use at any time without notice. You should periodically read these Terms of Use. Your continued use of the TKB or any Content or Service after any such change to these Terms of Use creates an agreement by you to abide by and be bound by these Terms of Use, as amended.

Choice of Law and Use of the TKB

These Terms of Use are governed by the laws of the State of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria. NECA VIC has designed the TKB, Content and Services for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the TKB or any Content or Services outside the Commonwealth of Australia. The TKB is available only to people in Australia who can form legally binding contracts under applicable law.

Sponsorship Policy

CONTEXT AND SCOPE

NECA Victoria is the peak industry body representing the interests of the electrical and communications contracting industry across Victoria.

NECA Victoria is committed to engaging with and supporting the legitimate interests of its members and the industry, to achieve the Objects in Rule 3 of the NECA Rules.

As part of working with and for the industry and its members, NECA Victoria will, from time-to-time, seek financial contributions from partners who share NECA Victoria’s commitment to the electrical and communications contracting industry in Victoria.  In turn, NECA Victoria will provide and deliver agreed benefits and recognition to partners.

The scope of this policy is to outline the principles and considerations against which partner qualification will be done.

DEFINITIONS

•  NECA’s Objects: per Rule 3 of the NECA National Rules
• Partnership: the negotiated provision of funds, goods or services in exchange for advertising, publicity or other inclusions or benefits; it excludes grants, donations, bequests or gifts which impose no obligations on NECA Victoria and purchasing goods or services from NECA Victoria
• Partner: the purchaser of sponsorship rights
• Proposal: a document that gives details of the partnership program, its inclusions and benefits and the investment sought from partners

PURPOSE

Sponsorship is about relationship building and can be a powerful way to build and strengthen partnerships. Such alliances can provide important financial and marketing support to potential partners of NECA Victoria, while allowing NECA Victoria to generate additional revenues to support NECA Victoria's mission and Objects.

The NECA Victoria Council is committed to ensuring that its financial arrangements with sponsors are carried out in an ethical manner and in support of its objectives.  NECA Victoria has adopted this Sponsorship Policy to ensure a consistent and transparent approach in the way it seeks and accepts sponsorship for any program, event or communication.

The purpose of this policy and the related guidelines is to outline how NECA Victoria will create productive partnerships with sponsors by selecting, engaging with and managing sponsors to ensure mutual and valued benefit for NECA Victoria, its sponsors and its members. Adherence to the policy should maximise benefits and minimise risks associated with sponsorship arrangements. The policy is also intended to support NECA Victoria Sponsorship Proposals.

POLICY DETAILS

The fundamental principles that shape NECA Victoria’s relationships with sponsors include:

1. NECA Victoria will accept sponsorships as an additional channel of revenue generation, provided that all partnerships are developed and maintained within the principles and guidelines in this policy.
2. All sponsorship must be consistent with existing NECA Victoria policies, and the philosophy driving both sponsor motivations and NECA Victoria, first and foremost should be to support the industry.
3. Sponsorship of NECA Victoria or of any program or event held by NECA Victoria or of any communication sent or posted by NECA Victoria, will not entitle any sponsor to influence any decision of NECA Victoria.
4. Identification of prospective sponsors and agreement to enter will be considered into sponsorship arrangements with prospective sponsors must consider the guidelines in Appendix A to this Policy. The guidelines will be considered in the first instance by NECA Victoria’s Head of Marketing.  Subject to principle 6b) below, any potential issues should be raised with NECA Victoria’s Executive Director, who has discretion under this Policy to make a decision or, in the case of significant issues or potential conflicts between sponsors, to seek advice and/or a decision from the NECA Victoria Council.
5. NECA Victoria will not enter into partnership with any sponsor where the association with the prospective partner or acceptance of the sponsorship would:
6. All sponsorship or partnerships must be documented in written contractual agreements between NECA Victoria and the sponsorship partner.
7. All Sponsorship Proposals are to be developed by the NECA Victoria’s Head of Marketing or approved delegate, subject to the following:
8. All Sponsorship Proposals over $5,000 must be approved in accordance with the Delegation of Authority model in place for NECA Victoria
9. All Sponsorship Proposals guaranteeing exclusivity for a sector, program or event must be approved by the NECA Victoria Council. 
10. All Sponsorship opportunities will be evaluated in an equitable manner.
11. The level of resources required to service a sponsorship will be given consideration when entering into any agreement and priced accordingly.
12. Renewing sponsorship agreements should be evaluated with the same rigour as the initial assessment.

APPENDIX A: Guideline for selecting & approving prospective sponsors

The following guideline reflect the high standards and importance that NECA Victoria places on sponsorship, in the interests of both NECA Victoria and its sponsors/business partners.

These guidelines are not intended to be prescriptive, rather, they outline the key considerations that NECA Victoria will apply in relation to the selection of sponsor partners and sponsorship agreements.  

Conflict of Interest

1. NECA Victoria will consider whether a partnership with a prospective sponsor will lead to any conflict with its policies, practices and objects and will have the sole right of acceptance or refusal for engagement with the sponsor.
2. NECA Victoria will consider whether the agreement with a prospective sponsor is likely to lead to harm to any of its members, existing sponsors or NECA Victoria itself.
3. The potential for conflict of interest between NECA Victoria’s members and existing sponsors and the prospective sponsor will be considered.
4. NECA Victoria may consider national corporate connections of the prospective sponsor in making its assessment.
5. NECA Victoria may ask prospective sponsors to identify formally any perceived or real conflict of interest during sponsorship agreement discussions and negotiations.

Sponsorship Limitations

1. Sponsors will not be allowed to influence the objects, strategic direction, functions, impartiality, or integrity of NECA Victoria.
2. The potential for real or perceived influence of prospective sponsors on the integrity of the specific program will be considered, event or communication for which sponsorship is sought.
3. The extent and form by which sponsors will be identified and associated with NECA Victoria will be detailed and limited to the offer of inclusions in the Sponsorship agreement specific to the program, event, or communication for which sponsorship is sought.
4. The conditions under which sponsors may use NECA Victoria’s image, logo and name will be limited to that offered in the Sponsorship agreement specific to the program, event or communication for which sponsorship is sought. Should the sponsor wish to use the NECA brand, sponsor must request in writing. 

Probity

1. High standards of corporate values and ethics will be of utmost important to NECA Victoria in its selection of sponsor partners.  All products and/or services provided by the sponsor must meet relevant technical standards, specifications, quality requirements and regulations in place for the industry.
2. NECA Victoria will ensure that sponsorship agreements could and would withstand scrutiny by members and the industry.  This includes considering the prospective sponsor’s financial position and reputation in the industry.
3. Prospective sponsors who actively support broader NECA Victoria policy initiatives, should be viewed favourably in evaluation processes, all other things being equal.
4. NECA Victoria will declare in its sponsorship proposals whether sponsorship is limited (whether in part or in full for any program, event or communication) to one sponsor or is category or sector exclusive.  In so doing, NECA Victoria aims to avoid conflict between current and potential sponsors and situations that may diminish the value of each sponsors’ involvement.  For the avoidance of doubt, if exclusivity is not stated specifically in a sponsorship agreement, it will not been granted nor apply to the agreement.
5. In the case that more than one sponsor is sought for a program or further sponsors may be added to NECA Victoria’s business partnership network, any sponsor who may be viewed as a direct (like for like) competitor, may at NECA Victoria’s discretion be made aware of the other types of potential sponsors being sought, or the involvement of other sponsors.  Ultimately though, NECA Victoria reserves the right of making a final decision, based on the fundamental principles defined in this policy.
6. NECA Victoria will consider prospective sponsors from emerging or new sectors of the industry, provided the prospective sponsor is willing to operate in support of NECA Victoria’s objectives.
7. Taking receipt and recording the expenditure of sponsorship monies will comply with NECA’s Rules and audit accountabilities.
   

 

 

VAILO Adelaide 500 Promo

Competition Terms & Conditions

1. Information on how to enter and prize details form a part of these terms and conditions.
2. By participating in the Competition, entrants accept and agree to be bound by these terms and conditions. 
3. Entries must comply with these terms and conditions to be valid.

Privacy

NECA Victoria will collect and use each entrant’s personal information for the purposes of:

1. Conducting the competition (which may include disclosure to third parties for the purpose of processing and conducting the competition) and for promotional purposes, public statements and advertisements in relation to the competition;
2. Providing information about the products and services offered by NECA Victoria and its related companies; and
3. Research to improve NECA Victoria’s services. 

By entering the competition, entrants consent to the use of their personal information as described in this section.

Who can enter the competition

1. Only NECA Victoria members with a BP Fuel account can enter the competition. 
2. Directors and employees (and their immediate families) of NECA Victoria or its related companies or agencies are not eligible to enter. Immediate families means spouse, children, legal guardian, parent or sibling.

 How to enter

1. To enter the competition, each entrant must submit the entry form set out in the competition marketing email. 
2. Each entrant is only allowed one entry and an entry cannot be modified after it has been submitted.
3. NECA Victoria reserves the right to disqualify any entrant who provides false information or fails to provide information that is reasonably requested by NECA Victoria.
4. NECA Victoria reserves the right, in its sole discretion, to:
   a. Refuse to accept entries which are incomplete, indecipherable, offensive, do not comply with these terms and conditions or which contravene any applicable laws or regulations.
   b. Disqualify any entrant who has breached any of these terms and conditions, has engaged in any unlawful or improper conduct or otherwise acts or cheat or undermine the fairness of the competition by, for example, tampering with, or using or exploiting errors in, the entry process to obtain a competitive advantage over other entrants.  
5. The eligibility of the entries is solely within the discretion of NECA Victoria. 
6. NECA Victoria accepts no responsibility for late, lost, misdirected or damaged entries or other communications. 

Prizes

1. There are five (5) Double Passes to the 2023 VAILO Adelaide 500 events to be won  for each of the days (Friday, Saturday & Sunday)
2. Each Prize is not transferrable, exchangeable or redeemable for cash.
3. The Prize does not include flights, accommodation, transfers or any other costs associated with the event. 
4. A winner’s use of the Prize is entirely at their own risk. Before a Prize is awarded, a winner may be required to sign an agreement to release NECA Victoria from and indemnifying NECA Victoria against any liability arising form the winner’s acceptance and use of the Prize and the winner’s participation in the competition.

How winners are determined

1. This competition is a game of chance. 
2. At 8 November 2023, each valid entry will be entered into a process of random selection. 
3. winning entry or entries will be the entry or entries that are selected at a random draw.
4. number of winning entries to be selected is fifteen (15). 
5. NECA Victoria’s decision will be final and binding.
6. Each winner will receive a Prize. 

Notification and claiming the prize(s)

1. NECA Victoria will provide each winner with instructions on how to claim their Prize. It is the responsibility of each winner to comply with NECA Victoria’s instructions. 
2. NECA Victoria reserves the right to request each winner to provide proof of their identity and/or proof that they were responsible for the winning entry.
3. Each winner agrees to participate and cooperate, as required, in all pubicity activities relating to the competition, including, without limitation, being interviewed, photographed, filmed and recorded. Each winner authorises NECA Victoria to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
4. It is the responsibility of each entrant to notify NECA Victoria of any changes to their contact details.

Unclaimed prizes

1. NECA Victoria will take all reasonable steps to identify and notify each winner in an attempt to ensure that each winner receives their Prize. However, if a winner cannot be identified or does not claim their Prize within 10 days of the date on which the winners are determined, their Prize is forfeited and will be awarded through a chance draw.
2. A winner of an unclaimed Prize will be determined and notified in accordance with the above. 

No liability

1. Any Prize supplied by a third-party supplier is subject to the terms and conditions of the third-party supplier. Each Prize may come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). If those guarantees are not complied with, then you will have rights under the ACL. 
2. Subject to those guarantees and rights, NECA Victoria shall not be liable and excludes all liability (including negligence) for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with the competition or the use or taking of any Prize except for any liability which cannot be excluded by law including as provided for under the ACL.

Termination of competition

1. NECA Victoria reserves the right to vary the terms of, or cancel, the competition at any time without liability to any entrant or other person, subject to the applicable laws.