MEMBERSHIP TERMS AND CONDITIONS
Please read carefully. These terms and conditions are valid from 01 July 2020 and supersede all previous versions. When you make a reservation with us, these conditions are deemed to have been accepted by all guests in full. The Caretaker is authorised to ensure that tenants comply with these Terms and Conditions. Only members of API can book accommodation at an API holiday home, as such by joining as a member of APIWA you are also accepting the terms and conditions of the APIWA Holiday Home Short Term Accommodation Terms and Conditions. Please see holiday home terms and conditions for more information.
“Fee” means the fees charged by APIWA in accordance with clauses in these Terms and Conditions;
“Members” means an active financial member of API; “Non-Member” means a Guest who is not an active financial member of API;
“Property” means the physical Property address as shown on the Guests reservation and or Property Managed by APIWA;
“Property Manager” means the organisation legally entitled to manage the Property;
“Staff” means any person who works for and is paid by APIWA;
“The Terms” – These Terms and Conditions and the Holiday Home Terms and Conditions;
1. Contract - A contract is formed once the application for membership has been made by You and APIWA accepts it. The laws to the state of WA and the Commonwealth will govern this contract. APIWA reserves the right to accept or reject your Application for Membership at any time. Applications can occur through membership application, through corporate agreement of a group of members or through directly using our holiday homes and by accepting our Membership Terms and Conditions with a complimentary temporary 12-month membership when booking holiday homes as a non-member though any means. By using our holiday homes, you accept this contract and will abide by every clause herein.
2. Cooling Off Period - After applying for membership, you have a seven-day period (“cooling off period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the membership fee paid seven days earlier less costs of any services supplied will be applicable.
3. Membership Entitlement - As soon as your Application is accepted, you are bound by these Terms and Holiday Home Terms and Conditions. As a member you are entitled to use the facilities, rewards, holiday home offerings and office resources only during the scheduled APIWA opening times. Memberships are non-transferable and fees non-refundable except where otherwise provided. You must not lend your membership number or allow any other person to use it – this is a breach of the Terms and may lead to immediate termination of your membership.
4. Photographic Identification – When you apply to join APIWA or become a member you may be asked to provide photographic evidence of your identification. If you are unable to provide such photographic identification when requested, your membership application may be rejected, or in the event of you becoming a Member, your membership may be terminated. Should you supply fraudulent information or conduct fraudulent activity your details will be shared with the relevant authorities, including the police.
5. Reward programs/ 3rd party vendors – Tickets, gift cards, and all other 3rd party vendors with whom we foster separate agreements, all have separate terms and conditions that apply to the use of the platforms and must be adhered to and are available on their respective websites. Gift cards/ tickets – Gift cards and tickets are not refundable or redeemable for cash. Gift cards are valid for up to 4 years from the date of issue. Tickets have a limited validity shown at time of issue. A surcharge may apply if gift cards or tickets are purchased online using a debit or credit card. If a gift card or ticket is defaced, mutilated, altered, lost or stolen it will not be replaced, refunded or redeemed and APIWA does not accept any responsibility for lost or stolen gift cards or tickets.
6. Disclaimer of liability - In the event of a purchased product failure, APIWA will inspect and replace the item at no cost to the purchaser if it is faulty and has not been used and can be returned to the supplier. APIWA will not be responsible for in the event of any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the customer. Manufacturer warranties only apply to products sold unless expressly advertised otherwise.
7. Website Payment/delivery Terms - Full payment is required when an order is placed by a customer. Until payment has cleared, which could take up to a week, no orders will be dispatched. In the case where payment does not clear, APIWA has a right to cancel the order completely. Both shipping and delivery costs will be outlined at the point of checkout, where a 3rd party supplier is providing the stock, the quality of delivery cannot be guaranteed. To cancel an order goods must remain unused and returned in original packaging to the APIWA office at the expense of the purchaser.
8. Referral services – APIWA has arrangements with suppliers that involve a referral arrangement. You hereby agree to your basic details name and address may be supplied in order to offer you special member only offers that you can choose to accept or opt out of. There is no condition to use the products or services, they are for member benefit only.
9. Membership Fees - All membership fees are for 12-months and must be paid in full up front at the commencement of your membership. Your membership fee covers your first seven days as a member and there after your membership is complimentary for the remaining days of the term. Cash, cheque, debit or credit card payments are accepted. Membership is non-refundable and non-transferrable. If your payment is not successful on the due date, you agree that we may continue to, without notice to you, debit your nominated financial institution account until the payment is up to date. NOTE: All direct debit transaction fees (bank account and credit card) charged by financial and direct debit institutions may be surcharged in addition to membership fees. Debiting your account - By agreeing to be Direct Debited, you have authorised APIWA to arrange for funds to be debited from your nominated account according to the agreement we have with you. The debit will be processed to your account as close as possible to the beginning of the month when your membership renews. We will keep your DD and account details private unless this information is required by us to investigate a claim made on it, relating to an alleged incorrect or wrongful debit. In the event of a debit returned unpaid, we may attempt to redraw on your account. Changes - We may vary any details in the DDR at any time. You may cancel your authority to us to debit your account at any time by giving us 10 business days’ notice in writing before the next debit payment to be made. Your responsibility – It is your responsibility to ensure that: i) there are sufficient cleared funds available in your nominated account to allow a debit payment to be made, and ii) the authorisation to debit the nominated account is in the same name as the account signing instruction held by the financial institution, and iii) suitable arrangements are made if the direct debit is cancelled by yourself, your financial institution or for any other reason.
10. Outstanding Fees - If any membership amount payable is not paid by the due date, access to APIWA benefits and your membership may be suspended, until payments are up to date. Fees charged by direct debit service providers and/or financial institutions for late/dishonoured transactions will be on-charged to the member. Memberships cannot and will not be put on suspension.
11. Termination – 30 days written notice is required to terminate your membership. The membership can be used up to and until it becomes non-financial. NOTE: A membership cannot be cancelled if there are payments outstanding on the account. The membership must be fully financial for a cancellation request to proceed. No refunds are given on membership terminated part way through the term of the membership.
12. Membership Fee Increases - APIWA reserves the right at any time to increase or vary any, or all fees. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise APIWA to increase any direct debits to your nominated credit card or bank account.
13. Change of Personal Details - You agree to inform APIWA of any changes to your personal details including address, contact numbers, email, bank account or credit card details for payment and any other information relevant to your membership.
14. Misconduct/ Breaches - APIWA reserve the right to refuse entry to any person, and to suspend your APIWA membership and entitlements to and benefits thereto associated, without warning or notice, for any harassment, inappropriate or threatening behaviour, to any party including any member or staff member of APIWA, and any action causing wilful damage, risk to life or property, creation of hazardous circumstance to APIWAs brand, assets or equipment in its facilities. Furthermore, other than the CEO, no member is authorised to speak on behalf of the organisation, speak to the media or act in any way that may be considered misconduct. Any breach or failure to comply with membership terms and conditions or unreasonable behaviour breaching the guest holiday home terms and conditions may result in the immediate suspension or termination of your APIWA membership dependent on the discretion of the CEO. APIWA shall be entitled to claim for any losses, costs, expenses and legal costs on and indemnity basis of whatsoever nature that may be incurred as a result for Your failure to comply with The Terms.
15. Feedback and Complaints - We are committed to assisting you with any concerns you may have. Feedback forms are available, and complaints should be directed, in the first instance, to the APIWA member service officers who will endeavour to contact you within 7 days to discuss and resolve your complaint. Should you feel that your complaint has not been resolved effectively, you may wish to take up the matter with the CEO. The CEO’s decision is final.
16. Limitation of Liability, Release and Indemnity - While every effort will be made through the initial induction process and ongoing support and supervision, you agree that it is your responsibility to ensure that you use the equipment and/or facilities correctly. If unsure, please seek the services of APIWA staff. Property Damage - You are responsible for any wilful and negligent damages you cause to APIWA property/facilities/equipment. In consideration of the grant of membership to you hereby otherwise; 1) agree, to the extent permitted by law, to not hold us liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this clause arising from or in connection with your involvement with APIWA or using our facilities, services or products; 2) agree that you will indemnify APIWA and keep APIWA indemnified to the extent permitted by law in respect of all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs or expenses however arising as a result of or in connection with your involvement at APIWA or from using our facilities, services or products.
No Waiver - No failure, delay, relaxation or indulgence on the part of any Party in exercising any power or right conferred upon such Party in terms of this Agreement shall operate as a waiver of such power or right, nor shall any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under this Agreement.
Joint Liability - The liability of two or more parties under this Agreement, and any one or other of them is a joint liability of all of them, and a separate liability of each of them.
Severability - (i) If any provision of this Agreement is, or at any time, becomes prohibited by or unlawful under any applicable law, or otherwise becomes void or unenforceable, it will be severed from this Agreement and rendered ineffective so far as possible, without having any effect on the remaining provisions of this Agreement. (ii) The remaining provisions of this Agreement will, to the extent permitted by the relevant law, regulation or other condition, continue in full force and effect.
Entire Agreement - The Parties hereto covenant and agree that this document embodies the sole and entire document and understanding between them and relevant to the subject matter herein contained and supersedes all prior understandings, deeds, agreements, condition or representations whether oral or written, express or implied with reference to the subject matter hereof. Save in so far as the same may have been performed or satisfied in full as at execution of this Agreement, the terms and covenants conditions, provisions, agreements, stipulations, obligations, representations, warranties, undertakings and agreements contained in this Agreement, continue in full force and effect execution of this Agreement, and do not merge on execution. Further Assurances - Each of the parties hereto will do, execute, provide, acknowledge and deliver all and every such further acts, deeds, matters, assignments, charges, guarantees, covenants, assurances, documents and thing as shall reasonably be required fo the purposes and intentions of this Agreement. Counterparts - This Agreement may be executed in counter parts. If this document is executed in counter parts, each counter part is an original and all of the counter parts together constitute this Agreement. Notices - Any notice to the served by one party on the other under this Agreement must be in writing and is deemed to have been duly served if given: (i) by mail, two (2) business days after it is posted where the party’s last known address in the Commonwealth of Australia, and five (5) business days after it is posted by airmail where ethe party’s last known address is outside the Commonwealth of Australia; or (ii) by hand, at the time it is left at the party’s last known place of residence or business; or (iii) by telex or email, upon receipt or the answerback; or (iv) by facsimile transmission, at the time of transmission to the party’s last known facsimile number; Or such earlier time if acknowledged by the receiving party.
17. Assignment – APIWA do not assign any rights or benefits under these terms and conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these terms and conditions at any time without notice to you.
18. Intellectual Property/Trademarks – All brands or trademarks remain the ownership of APIWA and must not be misused in any way. Nothing contained within the website should be construed as granting any license or the right to use any trademark without the prior written consent of APIWA. These terms and conditions do not give you any intellectual property rights at APIWA, or in our properties, facilities, services or products.
20. Variation - APIWA may alter these terms and conditions at any time upon thirty days written notice. All use of APIWA properties, facilities, services and products after the date specified in such notice will be subject to such altered terms and conditions. If you continue to use APIWA properties, facilities, services and products after the date such alterations become effective you agree to the altered terms and conditions, and you will be deemed to have agreed to the altered terms and conditions whether they impact holiday homes, membership or any other document.
21. Severability - If any part of this contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this contract. The holiday home terms and conditions apply to members even if they have never booked accommodation in their name with APIWA.
22. Links - The APIWA site and sites that feature APIWA properties and membership information may contain links and pointers to other internet sites, resources, and sponsors of the site. Links to and from the site or bookings made via other third-party sites, maintained by third parties, do not constitute an endorsement by APIWA of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the site and a third-party site, such as a social media site. We are not responsible in any way for such third-party sites, claims, offers, terms and conditions of use or resources.
23. Compliance - You must ensure you read, understand and abide by the terms and conditions of the contract as well as any other rules provided by APIWA as required.
24. Please read carefully. When you join us, these conditions are deemed to have been accepted by all members who use our services. The APIWA Staff and Caretakers are authorised to ensure that members comply with these Terms and Conditions.