Website Terms of Use
This website located at www.aiqs.com.au (Website) is owned and operated by The Australian Institute of Quantity Surveyors Pty Limited (ABN 97 008 485 809) (AIQS).
These Terms of Use govern your access to and use of the Website. By using the Website, you agree to comply with these Terms of Use.
AIQS reserves the right to amend these Terms of Use from time to time. Every time you wish to use the Website, please check these Terms of Use to ensure you understand the terms which apply at that time.
By continuing to use the Website, you are taken to have accepted the Terms of Use that are in place at the time you use and access the Website. Therefore, if you do not agree with the Terms of Use at any time, you must exit the Website immediately.
This page is split into three parts:
- Part A of the Terms of Use sets out the terms which apply to use of the Website.
- Part B of the Terms of Use set out further terms which are only applicable if you purchase Products from AIQS.
- Part C of the Terms of Use sets out a number of definitions and rules of interpretation which apply to the Terms of Use as a whole.
Part A: Your Use of the Website
1. Ownership of Content on Website
All content and material on the Website, including text, graphics, information, photographs, audio and/or visual materials, trading names and logos (Content) is owned or licensed to AIQS.
You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of AIQS, or as permitted by law. All rights of AIQS are reserved.
The Website may include registered and unregistered trademarks, including without limitation, the name ‘The Australian Institute of Quantity Surveyors’ and ‘AIQS’ which are owned by AIQS. In addition, trademarks used on the Website to describe third parties and their products are trademarks of those third parties. You are not permitted to use AIQS’ trademarks or any trademarks of third parties.
2. Your Use of the Website
You may access and use the Website for personal and non-commercial purposes only. You must not:
- use the Website in breach of any applicable laws or regulations
- use the Website for commercial purposes
- use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- interfere with, disrupt, or create an undue burden on the Website.
Without limiting the above, you must not and must not permit a third party to:
- misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful;
- attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
- attack the Website via a denial-of-service attack or a distributed denial-of service attack;
- use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
- use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
If you believe that someone has breached any of the above conditions, please let AIQS know.
3. Links and Third Party Content
The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of AIQS.
AIQS does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
You must not link to, frame or mirror any part of the Website without AIQS’ prior written consent.
4. Your Reliance on the Website
AIQS does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. The Website is provided on an “as is” and “as available” basis.
You are responsible for configuring your information technology, computer programmes, internet browser and platform to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website.
You acknowledge and agree that the Content and any other information provided on the Website is intended to provide general information only. AIQS does not warrant the accuracy, completeness or suitability of such Content and information on the Website, which, for various reasons, may not be current and is subject to change. AIQS will not, in any event, be a liability to anyone for any decision made or action taken in reliance upon the Content or any information contained or omitted from the Website.
To the extent permitted by law, neither AIQS nor any of its officers, employees, agents, contractors, suppliers or licensors give any guarantees, representations or warranties as to the completeness, accuracy, or reliability of the contents of the Website, nor will they be liable to you for any loss or damage of any kind, whether in contract or tort (including from negligence), arising under or in connection with: your use of, or inability to use the Website; or your use of or reliance on any Content or material displayed on the Website.
5. Support
Unless otherwise specified in this document or agreed pursuant to a separate written agreement between you and AIQS, AIQS will not be obliged to support the Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to your use of the Website.
6. Cookies
A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. AIQS may use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit personal requirements.
AIQS may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website. AIQS may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website.
While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
7. Privacy Policy
You agree to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.
AIQS’ Privacy Policy is incorporated by reference into these Terms of Use. AIQS will only use your personal information as set out in its Privacy Policy, which is available at https://www.aiqs.com.au/privacy-policy or from AIQS on request.
8. Disclaimer and Limitations
Nothing in these terms and conditions excludes, restricts or modifies any rights or remedies that may not be lawfully excluded, modified or limited under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
Except to the extent prohibited by law, in no event will AIQS be liable to you for any loss or corruption of data, loss of opportunity, loss of revenue, loss of profits, loss of contract, loss of business, loss of production or loss of goodwill or any punitive, exemplary, indirect or consequential loss, arising out of or in connection with the use of, or the unavailability of, the Website.
To the full extent permitted by applicable law, AIQS expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
AIQS does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. You are responsible for configuring your information technology to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website, by any third party content or third party website.
9. Registration
- You may require an account to access certain features on the Website and to purchase certain products.
- You may create an account by registering and providing AIQS with your details to confirm your identity.
- To access certain features or offers on the Website, including discounts on Products through the Website, you may be required to provide evidence of your membership with the Australian Institute of Quantity Surveyors (Membership).
- You must ensure that:
- you only register one account; and
- you do not allow other persons to use your Membership or your account (including using your membership on behalf of another person).
10. Login Security
- We may specify security requirements for your account, such as requiring you to create a password with meets password difficulty requirements, requiring you to use two factor authentication or other security features to access your account.
- We may make changes to the security requirements by providing you with notice where we are increasing the security protocols.
- You acknowledge and agree that you are responsible for:
- protecting your access credentials for your account, including keeping your password confidential; and
- any activity through your account if you allow a third party to access your account.
- If you believe that your login details (or other security features) have become, or may be, known to anyone other than yourself, or that there has been unauthorised access using your account, you must;
- immediately change login details (or other security features); and
- tell AIQS as soon as possible.
Part B: Terms of Sale
11. Orders
11.1 Placing an Order
- By placing an Order through the Website, you are making an offer to enter into a contract with AIQS to purchase the Products in that Order on the terms set out in this document. Each Order is a separate contract.
- Orders will be deemed accepted by AIQS at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
- A tax invoice will be issued at the time the Order is confirmed.
- If an Order is addressed to a person other than you, you agree to procure the consent of that person to be contacted by AIQS in respect of that Order.
11.2 Order Cancellation
- In some cases, we may need to cancel your Order. We reserve the right to reject or cancel your Order as set out in this document, including where your Order does not meet the requirements set out in this document or where we do not have stock of a Product in your Order.
- If an Order is rejected or cancelled, we will refund any money paid to AIQS to your original payment method, unless otherwise agreed.
11.3 Payment
- All prices displayed on the Website:
- are in Australian dollars;
- include GST (if applicable);
- exclude delivery and handling charges, which will be calculated at the checkout.
- You must pay for your Order in full at the time you place your Order via a payment method made available through the Website from time to time.
11.4 Delivery
- The delivery options for our Products are set out on the Website, including when you proceed to checkout.
- All dispatch and delivery timeframes are estimates only and are subject to stock availability, delivery-service provider availability/delays and events beyond our control.
- Your Order may be fulfilled from multiple locations at different times depending on stock availability. You won’t be charged any more for delivery in this instance.
11.5 Availability and Restrictions
- From time to time, we may list restrictions on the purchase of Products, including restrictions in respect of age or purchase quantity. Restrictions will be stated on the Product page, in materials about the relevant promotion, at the checkout or as otherwise advised to you.
- From time to time, some Products may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, we may need to cancel your Order, in which case we will refund you.
- We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time and without notice. We will notify you if an Order is impacted and refund you if we are unable to fulfil an Order.
- We can deliver Orders to most locations in the world in line with Australia Post services.
12. Returns and Refunds
Australian Consumer Law
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:
- to cancel your service contract with AIQS; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods.
- If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
- You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- Where a refund is provided (for any reason), it will be refunded using your original method of payment.
- If the Product is found to have a manufacturing fault or was damaged prior to delivery, a replacement product, or a refund (including any associated postage costs to return the Products), will be provided.
- If required, you must organise the return of the Product to AIQS and should ensure that you:
- retain proof of purchase for postage or transport costs and provide AIQS a copy; and
- package the Product so they are well protected during return delivery (original packaging is not required).
13. Refund Policy
If you have a faulty or damaged Product in an Order, please contact our customer services team.
We don’t offer returns on Products you have purchased if you:
- change your mind or make a wrong choice;
- misuse the Product or use the Product incorrectly; or
- damage or alter the Product or the issue is as a result of reasonable wear and tear.
When you initiate a return, you will need to provide AIQS with:
- a description of the Product, the issue and evidence of this issue (such as photographs); and
- adequate proof of purchase.
We will assess any request to return a Product and contact you with your options for the Product to be repaired, replaced or refunded. We may require that you return the Product to AIQS.
Where a refund is provided (for any reason), it will be refunded using your original method of payment.
If the Product is found to have a manufacturing fault or was damaged prior to delivery, a replacement product, or a refund (including any associated postage costs to return the Products) will be provided.
If required, you must organise the return of the Product to AIQS and should ensure that you:
- retain proof of purchase for postage or transport costs and provide AIQS a copy; and
- package the Product so they are well protected during return delivery (original packaging is not required).
14. Event Terms and Conditions
Purchasers may indicate an intention to purchase tickets by creating an online booking, the ticket will not be confirmed and issued until payment has been made in full.
Tickets to AIQS events are non-refundable, regardless of the cancellation date. Purchasers can transfer tickets to another person and update the name of the ticket holder by writing to AIQS via email to events@aiqs.com.au.
The Purchaser agrees to be aware of and to make any person to whom they transfer the Ticket aware of the following terms and conditions that relate to attendance at the Event by the Attendee:
- Attendees consent to their image being captured in photographs and video of the events and that image being broadcast or transmitted in any way at the discretion of AIQS.
- All attendees are expected to behave in a professional manner. AIQS reserves the right to prohibit entry to any Attendee to an event, or eject any Attendee from an event, based on behaviour deemed unlawful, inappropriate or offensive by AIQS staff and/or its agents and others working under its authority.
- Persons attend the Events at their own risk. Attendees agree not to hold AIQS liable for any losses, damages, expenses, costs, claims or liabilities suffered or incurred by ticket holders including consequential or indirect losses or loss of profit through booking for the Event, attending the Event, cancellation of the Event, failure of the Event to achieve expectations, or for any error or omission by AIQS. Attendees agree not to hold AIQS liable or responsible for any personal injury or illness (i.e. physical, COVID-19 related symptoms, psychological or emotional stress) or any loss or damage to personal property.
- AIQS does not take any responsibility for the opinions expressed by any third parties during an AIQS-endorsed event.
- If you test positive for COVID-19, check the self-isolation rules that are applicable in the state of the event.
15. Discounts and Membership Benefits
You may be eligible for discounts where you have a current Membership. If you are eligible, you will receive a specified discount on Products listed on the Website. The discounted prices are listed on our Website and may vary from time to time.
If you hold a Membership, you may be entitled to further discounts and member benefits (such as discounted shipping), as advertised on our Website from time to time.
Products are available to the general public at the listed non-discounted prices.
Promotions offered on the Website may change from time to time, as determined by AIQS in our absolute discretion.
16. Contact
If you have any queries regarding these Terms of Use, please contact AIQS at contact@aiqs.com.au.
Part C: General and Interpretation
17. Deleting Your Account
You may delete your account by contacting AIQS. Deletion of your account does not terminate this document.
18. Waiver
A party may not rely on the words or conduct (including a delay in the exercise, a non-exercise or a partial exercise of a right) of any other party as a waiver of any right arising under or in connection with this document (including a right to rely on this clause) unless the waiver is in writing and signed by the party granting the waiver.
A waiver is only effective in relation to the particular obligation or breach in respect of which it is given and is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
19. Severance
If a provision in this document is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms of Use for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms of Use.
20. Jurisdiction
These Terms of Use are governed by the laws of New South Wales, Australia.
21. Entire Agreement
This document embodies the entire understanding and agreement between the parties as to its subject matter.
22. Relationship of the Parties
Nothing contained in this document shall constitute an agency, partnership, joint venture or employment relationship between the parties.
23. Contact
In the event that you need to contact AIQS regarding this document, please email contact@aiqs.com.au or call +61 2 8234 4000.
24. Definitions and Interpretation
24.1 Definitions
In this document:
- Membership has the meaning given to that term in clause 9.
- Order means an order you place with AIQS for Products through the Website.
- Product means any goods or services sold by AIQS on the Website.
24.2 Interpretation
In this document, unless the context otherwise requires:
- the singular includes the plural and the plural includes the singular;
- a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality); and
- a reference to a person includes an individual, a body corporate and a government.
In this document:
- headings are for convenience and do not affect the interpretation of this document;
- ‘includes’ is not a word of limitation; and
- other parts of speech and grammatical forms of a word or phrase defined in this document have a corresponding meaning.
A reference to:
- a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to this document;
- an agreement or document includes that agreement or document as amended or replaced; and
- legislation includes any regulation or instrument made under it and any amended, re-enacted or replacement legislation.
This Terms of Use was last updated in April 2025.
